By-Laws Amendments

Amendment to Bylaws: Section 3.10, 3.11

 

 Section 3.10     Meetings. Regular meetings of the Board may be held at such time and place, or in such manner, as shall be determined from time to time by a majority of Directors. Any member shall give notice of regular meetings of the Board to each Director by mail deposited in the United States post office at least five days prior to such meetings or by any of following means at least three days before such meeting: telephone, e-mail, facsimile, or personally.

 Special meetings of the Board may be called by the President or any two members of the Board. The person or persons calling such meeting shall cause notice to be given as provided in the foregoing paragraph, except that no more than a 24-hour notice shall be required. The notice of the place of the meeting shall contain a statement of the purpose for which the meeting is called. Such meeting shall be held at such place and at such time within St. Joseph County, Indiana, as shall be designated in the notice.

 Section 3.11    Waiver of Notice. Before any meeting of the Board, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice.  The presence or participation of a Director in a meeting shall, as to such Director, constitute a waiver of the time, place, purpose, and manner thereof.  If all Directors are present or participate in any meeting of the Board, no notice will be required and any business may be transacted at such meeting.

 

Rationale for change: Such a change, especially the use of e-mail for correspondence, will facilitate the work of the Board members who live hundreds of miles apart by saving them time and money.

 

The above amendment was approved by the membership of the

association by a vote of 24-2 on November 16, 2001

 

Amendment to Bylaws: Section 3.03 & 5.05

 

Section 3.03 Term of Directors The Directors (other than the initial Board of Directors) shall be elected for a two-year term with the term of office of each Director expiring on the annual meeting of the Board two years after their election. In every even numbered year, two directors shall be elected, and in every odd numbered year, three directors shall be elected. In the election to be held in 2002, two (2) directors shall be elected to a two (2) year term, and three (3) directors shall be elected to a one (1) year term.

 

Rationale for change:

In order to preserve continuity amongst the Board of Directors and the business affairs of the association from year to year, and ensure smooth transitions to newly elected board members.

 

The above amendment was approved by a vote of the membership on October 11, 2002 by a vote of twenty-four (24) for and zero (0) against.

 

Section 5.05 Failure of Owner to Pay Assessment  In any action to recover a Regular or Special Assessment, whether by foreclosure or otherwise, the Board, for and on behalf of the Association, shall be entitled to recover costs and expenses of such action incurred, including but not limited to reasonable attorneys' fees, from the Owner of the subject unit.

 

This addition, and shall be inserted immediately following the above:

 

Section 5.05 Failure of Owner to Pay Assessment addendum

The Board, for and on behalf of the Association, shall also be entitled to recover all expenses incurred by it, including reasonable attorney's fees, to recover or collect unpaid Regular or Special assessments, whether or not a legal action has been instituted. 

 

The above amendment was approved by a vote of the membership on October 11, 2002 by a vote of twenty-four (24) for and zero (0) against.