Today, I submitted the following proposed By-Law Amendments to the Board. I have more than met the deadline. The question hanging yet, is will they ever appear on the ballot? Remember they have to be reviewed by legal. If they are not approved for the ballot, I deserve a written, precise answer from the Board. In that event, I will share it with you.
As for the proposed amendments, I hope you will give them consideration, and vote to remove some of the strife in our community. HERE THEY ARE:
BY-LAW CHANGE # 1:
ARTICLE V, ASSESSMENTS AND PENALTIES, Section 2, Individual Assessments (Now)
Individual Assessments: In addition, individual assessments may be levied by the Board. These relate to architectural review fees, lot maintenance, or any costs incurred, by The Association, in an effort to keep lots up to standards set in these By-Laws and in the deed “Conditions, Covenants and Restrictions.”
CHANGE (noted in blue & underlined):
In addition, individual assessments may be levied by the Board. These relate to architectural review fees, lot maintenance,
including canal maintenance , or any costs incurred, by The Association, in an effort to keep lots up to standards set in these By-Laws and in the deed “Conditions, Covenants and Restrictions.”
RATIONALE: The language, as currently written has been applied to canal dredging. As currently written it has not been over turned, in any court. However, considering the historic strife regarding the canals, adding the additional language would remove question, as to the validity of its use, should a Board determine that it was in the best interest of the community to assess periodic maintenance of the canals.
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BY-LAW CHANGE # 2:
ARTICLE IV, MEMBERSHIP, Section 3: Voting Rights (Now):
On matters submitted to a vote of the membership, members in good standing, who have officially registered with The Association by providing the name and address of the legal owner/s of the property, shall be entitled to one vote for each lot or condominium apartment owned. Members in arrears in payment of their yearly assessment within ten (10) days prior to the Annual Meeting are not in good standing and shall not be entitled to vote.
CHANGE (noted in blue and underlined):
On matters submitted to a vote of the membership, members in good standing, who have officially registered with The Association by providing the name and address of the legal owner/s of the property, shall be entitled to one vote for each lot or condominium apartment owned. Members in arrears in payment of
any assessments approved by the Board, within ten (10) days prior to the Annual Meeting are not in good standing and shall not be entitled to vote.
RATIONALE: The Wedgefield Plantation canal lot owners were previously assessed for dredging, under the By-Laws, through Individual Assessment. The assessment, was voted and passed, contracts and loans secured based on the assessment. Members who failed to pay their Individual Assessment, retained their right to vote at the Annual Meeting, which is a privilege, while causing great harm to the ability of the Association to pay its legitimate debt.
