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Minutes of May 19, 2002 Special Meeting of Homeowner’s Association
On Sunday, May 19, 2002 at the appointed time as set forth in the Notice properly sent and delivered to the membership in accordance with the Bylaws, the meeting was called to order at approximately 8:00 p.m.. Attendance, including proxies, greatly exceed the 75% required pursuant to the Bylaws to constitute a quorum needed to vote on a change in the Bylaws. Board members Don Besch, Jonathan Ginsberg, and Gerald Reisman were present.
Prior to this meeting, the Board of Directors had circulated to the membership copies of amendments to the homeowner’s association covenants and bylaws prepared by the law firm of Weissman, Nowack, Curry & Wilco, P.C. The proposed amendment provides that the subdivision is to become subject to the provisions of the Georgia Property Owners Association Act, and, as such, that the covenants become perpetual. Also, by adopting the act, the Association could avail itself to simplified procedures to secure and collect delinquent dues. Further, under the proposed amended covenants and bylaws, the Association would adopt simplified procedures to file liens.
President Don Besch reported to the attendees that the Association had spent $1,329 in legal fees to have the amendments drafted, less than the sum authorized by the Board. President Besch also reminded the attendees that the existing covenants could continue in force until 2009, but that the Board had recommended retaining counsel to make the amendments perpetual.
The President then opened the floor for discussion. Attendees Wendy Klarman and John Ambler voiced concerns that the bylaws concentrated too much power in the Board of Directors to make subjective decisions about the imposition of liens on individual homes. The President explained that the substantive requirements for imposing liens would not be changed by the proposed amended by-laws but that procedural requirements would be simplified. Board Member Gerald Reisman suggested that the Board generate checklists for matters such as architectural changes so that subjectivity would be reduced.
After hearing various comments from those assembled, the President asked for a Motion to Approve the Proposed Amended Covenants and By-laws. A Motion was made and seconded and put to voice vote. The President reported that there were over 71 votes and proxy votes in favor of adopting the Amended Covenants and By-laws, 5 votes and proxies opposed. The Motion required 63 votes, and was therefore adopted.
A Motion was then made and seconded to adjourn. The meeting was thereafter adjourned.
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