B a l l o t. Voting on Nine Proposed Amendments to Danell Heights Condominium Association By-Laws

Transcription

1 B a l l o t Voting on Nine Proposed s to Please bring Ballot and s language with you to the Annual Meeting of the Association on Monday, May 14, 2018 at 7 pm. The Association Board of Directors, upon recommendation of the ad hoc By-Laws Review Committee, asks for the owners approval, one vote per unit, of the nine amendments to our By-Laws. Options for Voting A. I / We APPROVE DISAPPROVE ALL NINE AMENDMENTS IN THEIR ENTIRETY. B. I / WE WILL VOTE ON AMENDMENTS INDIVIDUALLY. [CHECK ONE BOX BY EACH AMENDMENT NUMBER]. 9TH APPROVE DISAPPROVE 14TH APPROVE DISAPPROVE 10TH APPROVE DISAPPROVE 15TH APPROVE DISAPPROVE 11TH APPROVE DISAPPROVE 16TH APPROVE DISAPPROVE 12TH APPROVE DISAPPROVE 17TH APPROVE DISAPPROVE 13TH APPROVE DISAPPROVE Options for Submitting A. COME TO ANNUAL MEETING, BE PART OF AMENDMENT DISCUSSION, LEAVE ENTIRE COMPLETED BALLOT AT MEETING. B. IF YOU WILL NOT BE PRESENT OR WERE NOT PRESENT AT ANNUAL MEETING, MAIL ENTIRE COMPLETED BALLOT TO HENRY KRANENDONK, ASSOCIATION SECRETARY: N80 W13530 RIVER PARK DRIVE OR PLACE IN HIS NEWS BOX. C. IF YOU WILL NOT BE PRESENT OR WERE NOT PRESENT AT ANNUAL MEETING, SCAN AND ENTIRE COMPLETED BALLOT TO HENRY KRANENDONK, ASSOCIATION SECRETARY: HKRANENDONK@EARTHLINK.NET Name/s of Unit Owner/s Unit House Number and Street Name Only

2 9 th to Article I, Section 3 is amended to remove developer s office address Section 3. Office and Mailing Address. The office and mailing address of the Association and of the Board of Directors of the Association (the Board of Directors ) shall be located at the home address of the current Association Secretary. 10th to Article II, Section 12 is amended to update language to current usage Section 12. Crime Insurance Coverage (Fidelity Bond). The Board of Directors shall obtain or require Crime Insurance Coverage for all officers, directors, trustees and employees of the Association handling or responsible for funds of the Association, including officers, directors, Board members, and employees. The minimum dollar amount of such coverage must equal three times the aggregate monthly Association assessments against all units on the Property plus the Association reserve funds. The premiums on such bonds shall constitute a common expense. (Delete balance of original paragraph.) 11th to Article IV, Section 1 is amended to formalize the number of current Vice Presidents Section 1. Designation. The principal officers of the Association shall be the President, two Vice Presidents, the Secretary and the Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an Assistant Treasurer, an Assistant Secretary and such other officers as in its judgment may be necessary. The President and Vice Presidents must be members of the Board of Directors.

3 12th Article IV, Section 5 is amended to formalize which of the Vice Presidents assumes responsibility of the President in the President s absence Section 5. Vice President. The Vice President with the longest seniority shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. If neither the President nor either of the Vice Presidents is able to act, the Board of Directors shall appoint some other member of the Board of Directors to act in the place of the President on an interim basis. The Vice Presidents shall also perform such other duties as shall from time to time be imposed upon them by the Board of Directors or by the President. 13th Article V, Section 1 is amended to recognize that the Association s fiscal year runs from June to May and that assessments for common expenses are paid on a quarterly basis. Section 1. Determination of Common Expenses. The assessment for common expenses for the entire year shall be effective as of June 1 of each year but shall be payable in quarterly installments on July 1, October 1, January 1 and April 1 of each year If you are voting for all s at once, go ahead. But this will be restated using correct language and mailed to all owners for their approval in the dues mailing to be received around July th Article V, Section 2 Insurance (previously amended by 2, and again by 8) is amended to remove references to Insurance Trustee, because all aspects of the Association have been turned over to the owners and the developer no longer has an interest; also, insurance company will only pay out to the Association. Language has been changed to correlate with our current policy. Section is also amended to add language that adjustment for a loss will include discussions with the individual unit owner.

4 Section 2. Insurance. The Association shall be required to obtain and maintain, to the extent obtainable, fire insurance with extended coverage, direct physical loss (subject to exclusions), backup of sewer or drain and overflow of sump endorsements, insuring all buildings (including all unit owners improvements and betterments, past and present, and replacement of the same, but not including furniture, furnishings or other personal property supplied or installed by unit owners), together with all heating equipment and other service machinery contained therein, and all limited common elements; such insurance shall cover the Property and shall name as insureds the Association, and all unit owners and their mortgagees and land contract vendors, as their interests may appear, in an amount equal to not less than the replacement value of the buildings, without deduction for depreciation, with inflation guard endorsement, if available. Each policy shall provide that proceeds shall be payable to the Association. All such polices shall provide that adjustment of loss shall be made by the Association, in consultation with the individual unit owner(s), and that the net proceeds shall be payable to the Association. 15th Article V, Section 15 (b) is amended to add satellite TV dish and radon pipes to items that require prior written approval of the Design Review Committee Section 15. Architectural and Design Control. (b) Except as otherwise specifically provided in the Declaration or these By-Laws, and except with respect to the construction of units and the improvement of the property by Declarant, no building, fence, wall, swimming pool, antenna, satellite TV dish, radon pipes, structure or projection from a structure (whether of a temporary or permanent nature, or whether or not affixed to a unit or to any other structure or to the ground) shall be commenced, erected, maintained, improved or altered, nor shall any grading, excavation tree removal or planting be done in the common or limited common areas, nor shall any change of exterior color or other work which in any way alters the exterior appearance of any unit, common area or limited common area be done, without the prior written approval of the Design Review Committee regarding (i) the harmony of its exterior design and location in relation

5 to, and its effect upon, surrounding structure, vegetation, topography, and the overall community design of the Property, (ii) the character of the exterior materials and (iii) quality of the exterior workmanship. 16th Article IX, Section 1. Records and Reports is amended to formalize the current practice of annual reporting to unit owners and removes the requirement that annual financials be prepared by an independent certified public accountant Section 1. Records and Reports. The Board of Directors or the managing agent shall keep detailed records of the actions of the Association and the Board of Directors, minutes of the meetings of the Board of Directors, minutes of the meetings of the unit owners, and financial records, and books of account of the Association, including a chronological listing of receipts and expenditures, as well as a separate account of each unit which, among other things, shall contact the amount of each assessment of common expenses against such unit, the date when due, the amounts paid thereon, and the balance remaining unpaid. A written report summarizing all receipts and expenditures of the Associations shall be rendered by the Board of Directors to all unit owners at least annually. 17th Delete subparagraph Section 6. Article VIII, Section 6 is amended to delete reference to Insurance Trustee as research indicates insurance payouts would only be made to the Association.