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pf_02891
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Last modified
7/17/2007 12:23:45 PM
Creation date
12/8/2004 1:29:16 PM
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Template:
Planning Files
Planning Files - Planning File #
2891
Planning Files - Type
Planned Unit Development
Address
2660 CIVIC CENTER DR
Applicant
MENDOTA HOMES
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<br />3.3 Voting: bv Proxv. An Owner may cast the vote which is allocated to the <br />Owner's Lot and be counted as present at any meeting of the Owners by executing a written <br />proxy naming another Person entitled to act on that Owner's behalf, and delivering the same <br />to the Secretary before the commencement of any such meeting. All proxies granted by an <br />Owner shall remain in effect until the earliest of the following events: (i) revocation by the <br />granting Owner by written notice or by personally attending and voting at the meeting for <br />which the proxy is effective, (ii) eleven months after the date of the proxy, unless otherwise <br />provided in the proxy, or (iii) the time at which the granting Owner is no longer an Owner. <br /> <br />3.4 Voting: bv Mail Ballot. The entire vote on any issue, except the removal of <br />directors, may be detennined by mailed ballots, subject to the following requirements. <br /> <br />a. The notice of the vote shall: (i) clearly state the proposed action, (ii) indicate <br />the number of responses needed to meet the quorum requirements, (iii) state the <br />percentage of approvals necessary to approve each matter other than election of <br />directors, and (iv) specify the time by which a ballot must be received by the <br />Association in order to be counted. <br /> <br />b. The ballot shall: (i) set forth each proposed action and (ii) provide an <br />opportunity to vote for or against each proposed action. <br /> <br />c. The Board of Directors shall set the time for the return of ballots, which shall <br />not be less than 15 nor more than 30 days after the date of mailing of the <br />ballots to the Owners. The Board of Directors shall provide notice of the results <br />of the vote to the Owners within 10 days after the expiration of the voting <br />period. <br /> <br />d. Approval by written ballot under this Section is valid only if the number of <br />votes cast by ballot equals or exceeds the quorum required to be present at a <br />meeting authorizing the action, and the number of approvals equals or exceeds <br />the number of votes that would be required to approve the matter at a meeting <br />at which the total number of votes cast was the same as the number of votes <br />cast by ballot. <br /> <br />3.5 Vote Reauired. A majority of the votes cast at any properly constituted meeting <br />of the Owners, or cast by mail in accordance with Section 3.4, shall decide all matters <br />properly brought before the Owners, except where a different vote is specifically required by <br />the Governing Documents or the Act. The term "majority" as used herein shall mean in <br />excess of 50% 0 the votes cast at a meeting, in person or by proxy, or voting by mail, in <br />accordance with the allocation of voting power set forth in the Declaration. Cumulative voting <br />shall not be permitted. <br />
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