2002, April
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2002, April
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Red Bank Oaks Vote by Mail April 2002
Proposed Amendment to CC&Rs
SUMMARY:
Your vote is required! The Board of Directors held a special meeting on Saturday, 27 April 2002 and motioned to amend the CC&Rs.
It is now up to YOU to determine if the proposed amendment will pass. Please review the issue at hand (below) and submit your vote using the self-addressed stamped postcard we’ve enclosed for your convenience.
ISSUE:
The CC&Rs, Article III, Management, paragraph 2, states:
… Owners shall be entitled to one vote for each acre of the Properties in which they hold an interest so long as such owner is not then delinquent in the payment of any dues or other assessment by the Association. When more than one person holds such interest in any acre, all such persons shall be members of the Association. The vote for such acre shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any one acre of the Properties.
Historically, however, standard procedure at Association meetings has been to count 1 vote per parcel owned rather than 1 vote per acre owned as dictated by the CC&Rs.
The Board of Directors contacted Ms. Patricia Young, who has been involved with Association leadership since 1980, to determine if ever there was ever an Association meeting where votes had been counted as 1 vote per acre. Ms. Young stated that from the start of her involvement with the Association, votes had always been counted as 1 per parcel – and not as 1 per acre as the CC&Rs dictate.
The Board of Directors then contacted Mr. Robert Strasburg, the original owner and developer of Red Bank Oaks Property Owners’ Association lands. In addition to setting up the Association, Mr. Strasburg has been a registered Association landowner for 30± years. Mr. Strasburg confirmed votes had always been counted as 1 vote per parcel from the very beginning despite the CC&Rs requirement to count votes as 1 vote per acre.
It is imperative the Association be operated in accordance with the CC&Rs. However, the board members unanimously agreed it would be challenging to count votes as 1 vote per acre as required by the CC&Rs – only 16 of the 69 parcels owned have acreage defined as whole numbers. The remaining 53 parcels have acreage defined as decimals (39.75 acres, 37.64 acres, etc.) The complications associated with counting 1 vote per acre as currently required by the CC&Rs could result in errors with vote counts or voting allocations.
If the amendment passes, the CC&Rs, Article III, para 2 would accurately reflect standard procedure and read:
… Owners shall be entitled to one vote for each parcel of the Properties in which they hold an interest so long as such owner is not then delinquent in the payment of any dues or other assessment by the Association. When more than one person holds such interest in any parcel, all such persons shall be members of the Association. The vote for such parcel shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any one parcel of the Properties.
PLEASE place your vote! All votes must be signed and postmarked by 31 May 2002 to be counted.
Thank you!
VOTING CARD:
Regarding the issue on whether or not to amend the Red Bank Oaks Property Owners’ Association CC&Rs, I vote the following action be taken with regard to Article III, Management, paragraph 2:
(ONLY ONE ACTION MAY BE TAKEN):
q Amend Article III, paragraph 2 by striking each word “acre” and inserting the word “parcel” in its place; thereby counting votes as one vote per parcel owned rather than one vote per acre owned.
q Do not amend Article III, paragraph 2. Override historical precedent of counting one vote per parcel owned and enforce Association vote counting as one vote per acre owned, per the CC&Rs, effective the upcoming October 2002 meeting and thereafter.
q Neutral or Other: _____________________________________
RESULTS:
The voting results are in regarding the proposed amendment to the CC&Rs vote-counting procedures. Following is a report of the votes and the actions which will be taken. Because this is a newly presented issue about how votes are counted, we counted the votes both ways (by parcel vote and by acre vote).
Amendment to CC&Rs:
Per CC&Rs, Article V, Amendments, “The provisions of this Declaration may be amended from time to time upon a majority vote of the owners entitled to vote.” The Association presently has 69 landowners of 2,682.46 total acres entitled to vote. A majority vote would therefore consist of 35 parcel votes or 1,341.24 acre votes.
* Amend the Red Bank Oaks Property Owners’ Association CC&Rs, Article III, Management, paragraph 2 by striking each word “acre” and inserting the word “parcel” in its place; thereby counting votes as one vote per parcel owned rather than one vote per acre owned.
* Do not amend the Red Bank Oaks Property Owners’ Association CC&Rs, Article III, Management, paragraph 2. Override historical precedent of counting one vote per parcel owned and enforce Association vote counting as one vote per acre owned, per the CC&Rs, effective the upcoming October 2002 meeting and thereafter.
* Neutral or Other
Action to be Taken: The Red Bank Oaks Property Owners’ Association CC&Rs, Article III, Management, paragraph 2 will be amended by striking each word “acre” and inserting the word “parcel” in its place; thereby counting votes as one vote per parcel owned rather than one vote per acre owned
-- so that Article III, Management, paragraph 2 shall read:
… Owners shall be entitled to one vote for each parcel of the Properties in which they hold an interest so long as such owner is not then delinquent in the payment of any dues or other assessment by the Association. When more than one person holds such interest in any parcel, all such persons shall be members of the Association. The vote for such parcel shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any one parcel of the Properties.
BREAKDOWN OF VOTES AND COMMENTS:
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Red Bank Oaks Property Owners' Association
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