RESOLUTION (Book 4170)
WHEREAS, the members of Burnt Tavern Manor Condominium Association have reviewed the Master Deed and By-Laws of Burnt Tavern Manor; and
WHEREAS, they are desirous of amending and updating certain sections of the By-Laws;
NOW, THEREFORE, BE IT RESOLVED that the following amendments be incorporated into the By-Laws and Master Deed:
1. As to Article Five, Section 8., Voting, the section shall read as follows:
“Section 8. Voting. Except as otherwise required by law, or specifically required by the Master Deed:
(a) Each member in good standing and entitled to vote, or some person designated by such member to act as proxy on their behalf, shall be entitled to the number of votes assigned and entitled to his particular unit. The designation of proxies shall be made in writing to the Secretary or Managing Agent at least two (2) days prior to any meeting, and shall be revocable at any time by written notice to the Secretary or Managing Agent by the owner or owners so designating.
(b) As used in these by-laws, a member of the Association shall be deemed in “good standing” and shall therefore be entitled to vote as herein provided at the annual and special meetings of the Association, if said member shall have fully paid all assessments and charges as permitted by these by-laws, levied against his unit and himself, at least five (5) days prior to the date established for such meetings. Provided further that in the event any interest, costs, fees, and the like have been levied against said member and his unit, these interest, costs, fees and the like shall likewise be fully paid within the aforesaid time.
(c) A quorum being present, a majority of all those voting in person or by proxy shall be sufficient on those matters which are to be voted on by the unit owners.
(d) All proxixies shall be in writing, signed by all individual owners of each unit, or by his or their duly authorized representative(s), and delivered to the Secretary of the Meeting, but no proxy shall be voted on after eleven months from its date unless said proxy provides for a longer period. The election of directors shall be by ballot. Unless demanded by a member present in person or by proxy at such meeting and entitled to vote thereat or determined by the Chairman of the meeting to be advisable, the vote on any other question need not be by ballot.
2. As to Article Two, Section 3, the section shall be amended to read as follows:
“Section 3. Election and Term of Officers. The first meeting of the unit owners shall be held on call by the Board no more than (at sixty (60) days after 360 units have been sold, paid for and title closed, or (b) no later than two years after the date of the recording of the Master Deed, whichever shall first occur. Said meeting shall be considered to be the first annual meeting of the unit owners. At said first meeting, five members of the Board shall be elected by the unit owners from among the unit owners. Commencing with the annual election to be held in the calendar year, 1982, and five members of the Board of Directors shall be elected on even date and shall serve a three year term. At the expiration of each three year term, new elections shall be held and five members of the Board shall be elected to serve the succeeding three year term. The members of the Board shall hold office unitl their respective successors have been elected by the unit owners. The Board appointed by the Sponsor shall act unitl the election has been completed at said first meeying. At any vote for membership to the Board, each unit owner, including the Sponsor, to the extent that the Sponsor is still a unit owner, shall vote for each position to be filled in accordance with the provisions of Article Five. If at any meeting for election of membership to the Board more than twice the number of candidates to be elected at such meeting are nominated then and in such event there shall be two ballots for membership. At the end of the first ballot, the field of nominees shall be reduced so that there are no more than twice as many candidates running as there are positions to be filled with the lowest vote getters being eliminated. A second ballot shall be held and on the second ballot, the top vote getters on the basis of the votes will be elected. If there are more than twice the number of nominees for the number of positions to be filled, then there shall be one ballot, with the top getters being elected to membership on the Board. If the candidates are being elected for varying period of years, the candidate polling the highest vote will be considered elected for the longest period of years. After the first annual meeting of the unit owners, succeeding annual meetings shall be held during the same month of each succeeding year. At such annual meeting members of the Board shall be elected by ballot of the unit owners in accordance with these By-Laws, to the contrary, however, so long as the Sponsor shall own five or more units, the Sponsor shall be entitled to elect at least one member of the Board for a one year term. At such time as the Sponsor no longer owns five or more units, the member of the Board and the place vacated by the Sponsor’s representative shall be filled by the remaining members of the Board as herein provided for the unexpired portion of the term.
3. All other aspects of the Master Deed and By-Laws are to remain in full force and effect.