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7/17/2007 12:41:54 PM
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12/8/2004 3:51:42 PM
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<br />. . <br /> <br />;>, <br /> <br />4.7 Agenda. The agenda for meetings of the Owners shall be established by the <br />Board of Directors, consistent with the Governing Documents, and shall be sent to all Owners <br />along with the notice of the meeting. <br /> <br />SECTION 5 <br />ANNUAL REPORT <br /> <br />The Board of Directors shall prepare an annual report on behalf of the Association to <br />be mailed or delivered to each Owner together with the notice of the annual meeting. The <br />report shall contain a copy of the statement of revenues and expenses for the Association's <br />last fiscal year, and a balance sheet as of the end of said fiscal year. <br /> <br />SECTION 6 <br />BOARD OF DIRECTORS <br /> <br />6.1 Number and Qualification. The affairs of the Association shall be governed by <br />a Board of Directors. The first Board of Directors shall consist of the persons designated <br />directors in the Articles of Incorporation of the Association or appointed to replace them by <br />the Declarant, subject to the rights of Owners to elect directors as set forth in Section 6.2. <br />Upon the expiration of the terms of the members of the first Board of Directors, the Board <br />of Directors shall be composed of three (3) directors, a majority of whom shall be Owners, <br />or a duly authorized representative of the Owner if the Owner is a corporation, partnership, <br />limited liability company, trust or other entity which has the capacity to hold title to real <br />estate. <br /> <br />6.2 Term of Office. The terms of office of the members of the Board of Directors <br />shall be as follows: <br /> <br />a. Subject to Subsection b, the terms of all directors appointed by Declarant as <br />authorized by the Declaration shall terminate upon the earliest of (i) voluntary <br />surrender of control by Declarant, (ii) an Association meeting which shall be <br />held within 60 days after conveyance to Owners other than a declarant of 75% <br />of the total number of Lots authorized to be included in the common interest <br />community or (iii) the date five (5) years following the date of the first <br />conveyance of a Lot to an Owner other than a declarant. The term of office <br />of any director elected to the first Board of Directors by Owners other than the <br />Declarant shall terminate at the same time as those appointed by Declarant. <br />b. Notwithstanding the provisions of Subsection a, the Owners other than Declarant <br />shall have the right to nominate and elect not less than 33 1/3% of the directors <br />at a meeting of the Owners held within 60 days following the conveyance by <br />Declarant of 50% of the total number of Lots authorized to be included in the <br />common interest community. <br /> <br />4 <br />
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