Bylaw Amendments: Miscellaneous

Summary

1. The bylaws require the annual meeting occur on a Monday. This will amend the bylaws to permit holding the annual meeting on any day of the week.
2. The bylaws require the Board of Directors to meet four times per year. This will amend the bylaws to require two meetings per year.
3. We have not explicitly assigned a vice-chairman (vice-president) which could create confusion if the Chairman/President is not available and the Treasurer/Secretary disagree. This will amend the bylaws to designate the Secretary as Vice-Chairman/President if no explicit designation is made.
4. There is no definition of the roles and responsibilities of the officers. At present, if the ownership believed that an officer was grossly negligent, no action could be taken because, technically, no officer has any defined responsibilities. This amends the declarations to define the responsibilities of the officers.
5. At present, the bylaws require that examination of the Association’s records take place during normal business hours. If an owner wished to harass the Board, s/he could demand to examine the Association’s records during normal business hours when our volunteer board needs to be at work. This will amend the declarations to give officers the right to negotiate a time to examine the association’s records.
6. At present, upon leasing a unit, an Owner is only required to notify the Association “promptly” of the name and address of the tenants. This amends the bylaws to require such notice within five business days and include a phone number and email address of said tenant.
7. The bylaws do not allow electronic notice (regular mail only). This amends the bylaws to allow electronic notice.

Article I: Meetings

1. Annual Meeting. An annual meeting of the Apartment owners shall be held on any Monday in April of each year, commencing with 1978, as designated by the Board of Directors. Apartment owners shall be notified of the place of the annual meeting by the Manager, or by one of the officers of the Association, in writing at least ten days in advance of the date of such meeting.

Article II: Board of Directors

1. Meetings. The Board of Directors shall act by majority vote at its meetings with a quorum of not less than two members, in all matters involving the Condominium, including the adoption and amendment of House Rules which govern the details of the operation of the Condominium and the use of the common areas and facilities. Meetings of the Board of Directors shall be called, held and conducted in accordance with these Bylaws and the House Rules, but at least four two meetings shall be held each year, one of which shall be held immediately following the annual meeting of the Association and shall be an organization meeting at which officers for the ensuing shall be established

Article III: Officers

1. Election. At each annual meeting, the Board of Directors shall elect the following officers of the Association.
   1. A Chairman…
   2. A Vice Chairman, who shall, in the absence or disability of the Chairman, perform the duties and exercise the powers of the Chairman. If a Vice Chairman is not explicitly elected from among the Board and the general Association membership, the Secretary shall be the Vice Chairman, provided the Secretary is not a representative of the Manager. If the Secretary is a representative of the Manager, the Treasurer shall be the Vice Chairman.
   3. A Secretary…
   4. A Treasurer…
   5. …
2. Term…
3. Vacancies…
4. Compensation…
5. Duties. The duties of the officers are as follows:
   1. Chairman. The Chairman shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all releases, mortgages, deed and other written instruments and shall co-sign all check and promissory notes.
   2. Vice-Chairman. The Vice-Chairman shall act in the place and stead of the Chairman in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.
   3. Secretary. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; serve notice of meeting of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board.
   4. Treasurer. The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular meeting, annually, and deliver a copy of such to the members.

Article VI: Mortgages and Rentals

1. Record of Mortgages.
2. Report of Unpaid Charges.
3. Notice of Default.
4. Examination of Records. Each Apartment owner and each mortgagee of an Apartment shall be permitted to examine the books of account of the Association at all reasonable times on business days, but not more often than once each month at a time that is mutually convenient to the Apartment owner and the Board, Manager, and/or Accountant, but not more often than once every three months. Each mortgagee of an Apartment shall be permitted to examine the books of account of the Association a time that is mutually convenient to the Mortgagee and the Board, Manager, and/or Accountant, but not more often than once each month.
5. Notice of Sale, Rental or Lease. Immediately upon the sale, rental, or lease of any Apartment, the Apartment owner shall promptly, within five business days, inform the Manager and/or Chairman in writing, by both regular mail and electronic mail, of the name and address of said vendee, sublessee, or tenant. Likewise, the Apartment owner shall provide the Manager and/or Chairman with the name, email address and phone number of every sublessee or tenant living in that owner’s apartment within ten business days of rental or lease, as well as within 30 days of each Annual Meeting of the Association, or within five business days upon the Apartment owner’s receipt of a written request for said information from a member of the Board of Directors. It is understood that this provision is for the security, convenience and peaceful enjoyment of the Condominium by all Apartment owners and the residents of Apartments, in order that the Board of Directors may as necessary exercise the authority conferred upon it in the next succeeding section in the interest of Apartment owners and residents.

Article VIII: Miscellaneous

#Notice. All notices to Apartment owners shall be sent by regular mail to their Apartments or such other addresses as may have been designated by Apartment owners from time to time. An apartment owner may request, in writing, to receive notice via electronic mail instead of regular mail. The apartment owner is solely responsible for guaranteeing that electronic mail is received and read. All notices to mortgagees of Apartments shall be sent by regular mail to their respective addresses, as designated by them from time to time. All notices shall be deemed to have been given when mailed, except notices of change of address, which shall be deemed to have been given when received.