Proposed Amendments to Declarations
Summary
Change of delinquency dates for payment of HOA Dues
To bring our HOA in line with common practice, this amendment reduces the dues grace period from 60 days to 30 days.
Consequences to Default of HOA Dues
At present, the only consequence to failing to pay HOA Dues is a letter from the Board of Directors, and in extreme circumstances, litigation and/or HOA-initiated foreclosure. This amendment will allow the Board of Directors to strip a delinquent owner of voting rights and use of Common Areas (basically, the laundry room).
The Jay and Briana Amendment
This modification would allow the Board to temporarily revoke access to Common Areas (and thus to an individual apartment) to guests, household help and other authorized visitors. The ban could be extended to a year if a majority of owners votes to uphold that ban, and renewed each year thereafter with a 60% vote of owners.
These amendments to voting procedures will adapt the definition of quorums to enable the HOA to continue to operate despite low owner attendance at the annual meeting.
Amendments
Amendments to Section 16: Use and Limitations Upon Use
16.2 Common Areas and Facilities
The common areas and facilities shall be used only for access, ingress and egress to and from the respective Apartments by the respective families residing therein, and their guests, household help and other authorized visitors, and for such other purposes which are incidental to the residential use of the respective Apartments provided that said guests, household help and other authorized visitors do not pose a risk to the security and welfare of residents; and in special areas shall be used for the purposes approved by the Board of Directors. The Board of Directors may revoke access to common areas and facilities to specific individual guests, household help and other visitors for a period of no more than ninety consecutive days in a year if said individual, in the unanimous opinion of the Board of Directors, poses a risk to the security and welfare of residents. Such revocation may be extended to a full year by a majority vote of Apartment owners, and renewed each year thereafter by a sixty percent vote of Apartment owners. Notice of revocation must be delivered to the individual and Apartment owner in writing. The use, maintenance and operation of the common areas and facilities shall not be obstructed, damaged or unreasonably interfered with by any Apartment owner.
This amendment shall take effect on 1-JUL-2010
Section 13: Budgets, Expenses and Assessments
11.3 All Apartment owners shall be obligated to pay common expenses assessed to them by the Board of Directors on behalf of the Association pursuant to this Declaration and the Bylaws adopted simultaneously here with. The Declaration shall be assessed as the Apartment owner of any unsold Apartments, but such assessment shall be prorated to the Date of Occupancy by each purchaser of such Apartment. The Board of Directors on behalf of the Association shall assess the common expenses against the Apartments from time to time, but at least annually, shall take prompt action to collect from an Apartment owner any common expenses due which remain unpaid by him for more than 60 30 days from the date its payment is due and shall promptly notify any mortgagee of such Apartment owner of such default. Any assessment which is not paid within said 60 30 days shall be deemed delinquent and shall bear interest at the rate of 10% 15% per annum from the due date until paid. The common expenses shall be paid from sums received by virtue of the assessments of such sums, together with any other receipts on behalf of the Property, shall belong to the Association.
This amendment shall take effect on 1-JUL-2010
Section 10: Association
10.7 Suspension of Membership
During any period in which an Apartment owner shall be in default in the payment of monies due to the Association, the voting rights and right to use of any Common Areas (excepting ingress and egress to his Apartment) and Limited Common Areas of said Apartment owner may be suspended by a majority vote of the Board of Directors until such assessment has been paid. An Apartment owner’s voting rights, leasing rights and right to use of any Common Areas and Limited Common Areas of such Apartment owner will be automatically suspended if an Apartment owner shall remain for six consecutive months in default in the payment of any monies due to the Association. During such period when an Apartment owner’s voting rights are suspended due to default, that Apartment’s voting shares shall be divided among the respective unit owners in accordance with their respective percentages of undivided interest in the common areas and facilities.
Such rights of a member may also be suspended after notice and hearing, for a period not to exceed 60 days, for violation of any rules and regulations established by the Board of Directors governing the use of the Common Area and facilities.
This amendment shall take effect on 1-JUL-2010
10.6 Meetings
The presence at any meeting other than the annual meeting, the holders of a majority of voting power shall constitute a quorum. In the event a quorum is not present at any meeting, the holders of voting power present, though less than a quorum, may adjourn the meeting to a later date and give notice thereof to all the owners in accordance with the provisions of the Bylaws of the Association.
For the purposes of the annual meeting, quorums shall governed by the Act.
10.5 Voting
At any meeting of Apartment owners, all Apartment owners, including Declarant or Declarants successor or assignee, shall be entitled to cast their votes in conformity with the allocation describe in Section 10.2. Any Apartment owner may attend and vote at such meeting in person or by proxy. Proxies shall be in writing, signed by the Apartment owner, and file with the Board of Directors or Manager. If an Apartment owner fails to attend four consecutive annual meetings without providing a proxy, this shall be construed as the Apartment owner granting a proxy of his shares to Board of Directors until the Annual Meeting is adjourned. The last Apartment owner of record whether by purchase, devise, foreclosure or otherwise, shall be entitled to vote until the Board of Directors or manager have received actual notice of the conveyance by the owner of his Apartment or the assignment of his voting power or rights. Where there is more than one owner of any Apartment, any or all of such persons may attend any meeting of the Association, but it shall be necessary for all said owners to act unanimously in order to cast the vote to which they are entitled. Any designation of proxy to act for such persons must be signed by all persons. A corporate apartment owner may cast its vote by its authorized corporate officer or agent.
