2005, October (B)

Red Bank Oaks

Vote by Mail

October 2005

Interpretation of CC&Rs, Article III, Management: Debts and Right to Vote

SUMMARY:

At the October 22, 2005 meeting, landowners discussed whether or not a delinquent association loan to a landowner is subject to the provisions in the CC&Rs, Article III, Management, paragraph 2, which denies the right to vote to any landowner who is delinquent in paying dues or any other assessment by the Association. Landowners received a letter from the original creator of the CC&Rs, Mr. Robert Strasburg, providing the intent of the clause. A motion was put forth, and seconded, in favor of allowing landowners with delinquent association loans to vote.

Because this item deals with an interpretation of the CC&Rs, and any outcome will therefore establish precedence for enforcement of this clause, and because a quorum of landowners was not present at this meeting, a vote by post mail will be put forth to all the landowners.

VOTING CARD:

VOTES MUST BE RECEIVED NO LATER THAN DECEMBER 15, 2005

Whether or not a delinquent association loan to a landowner is subject to the

provisions in the CC&Rs, Article III, Management, paragraph 2 which denies the

right to vote to any landowner who is delinquent in paying dues or any other

assessment by the Association.

(ONLY ONE ACTION MAY BE TAKEN):

q Yes: The landowner should be allowed to vote. The provisions in

the CC&Rs stated above do NOT pertain to Association loans.

q No: The landowner should NOT be allowed to vote. The provisions

in the CC&Rs stated above pertain to Association loans.

q Neutral or Other: ____________________________________

_______________________	__________________________
Parcel Number(s)	Landowner Signature

RESULTS:

Whether or not a delinquent association loan to a landowner is subject to the provisions in the CC&Rs, Article III, Management, paragraph 2, which denies the right to vote to any landowner who is delinquent in paying dues or any other assessment by the Association. A motion was put forth, and seconded, in favor of allowing landowners with delinquent association loans to vote.

Total Valid Votes Received:	32
Yes: Allow landowners with delinquent association loans to vote:	6
No: Do not allow landowners with delinquent association loans to vote:	22
Neutral or Other:	3

Action to be Taken: The motion to allow landowners with delinquent association loans to vote failed. No action taken.

BREAKDOWN OF VOTES AND COMMENTS:

No Response	Allow Landowners with Delinquent Association Loans to Vote	Do NOT Allow Landowners with Delinquent Association Loans to Vote	Neutral or Other	Comments
				It is my understanding that the landowner in question has made an agreement for repayment. Being current on that obligation should be the determining factor.
			X
	X
	X
			X
		X
		X
		X
		X
	X			If an assessment no, but loan yes
		X
		X
		X
	X
	X
	X			If an assessment no, but loan yes
		X
		X
		X
		X
		X
		X
		X
		X
		X
		X
			X
		X
		X
		X
		X
		X
X
X
X
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X
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X
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X
X
X
X
X
X
X
X
X
X
X
X
X
X
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X
X
X
X
X
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X
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Copyright © 2008 Red Bank Oaks Property Owners' Association Last modified: 02/21/09

Copyright © 2008 Red Bank Oaks Property Owners' Association
Last modified: 02/21/09