S/H CERTIFICATE OF AMENDMENT TO BY-LAWS OF GREAT CYPRESS VILLAGE HOMEOWNERS ASSOCIATION, INC.

Transcription

1 S/H \ " \ 1\ Prepared by and return to: John K. Renke III 7637 Little Rd. New Port Richey. FL Rcpt: Rec: DS: 0.00 IT: /19/14 K. "ccutcheon. Dpty Clerk ~AULA S.O'NEIL.Ph.D.PASCO CLERK & COMPTROLLER 03~~9~~4 102rA 1PG0' CERTIFICATE OF AMENDMENT TO BY-LAWS OF GREAT CYPRESS VILLAGE HOMEOWNERS ASSOCIATION, INC. I HEREBY CERTIFY that the following attached amendments to the By-Laws of Great Cypress Village Homeowners Association, Inc. were duly adopted by a vote of the Association Membership, ;:1 a manner and by a vote as required by the Association's By Laws at a duly noticed Membership Meeting of Great Cypress Village Homeowners Association, Inc. held on March 10, 2014 after a resolution in favor of adopting said amendments was approved by a majority of the Great Cypress Village Homeowners Association, Inc. Board of Directors at a duly noticed meeting of said Board of Directors. IN WITNESS WHEREOF, I have affixed my hand and the seal of the corporation this /<t, ~day of March, 2014, at Pasco County, Florida. CORP~.~f\JE; ~EAL:../.t. \!Z~'oo"'~",-.... ~.'~.~~.\-.. -_., ",,,,,'",,'/;, -.. :'t: t.i~; '. -: (. ~,. V I, s, I 'I~, : I ::,1~.,:t;, ", " "',.,,; " 1',.\~I "t """\"! 6'('0.,~ ~ti;.._j~'(1 "./ :?,;"'c.j r" ' ".;..'f,~,i"'.:.. ~"'~ ~..(":""l -r. u' \'.'._'.::...~ ~~., A..... I". _ ~, -<\ ().,,\ -:..._.,..r;!. ::."J... '; "'0.:"..."10 ~. ~,~!1':..,\ t l ~ : fl:. : t::- '; ~ \ ~ : \ ~ U :. t~;:... _ : w : c» ". '" 17 ;-:: ~I' :: lll}v.. ~"'" "~ '..>. A ~... ;;;' ~~~.. ',:.' """", ~~;~~.:...:.~~.,>""".j-'" '\;.... ~. ~ ' '0. -;0 '~~~ ('" ~ _:I~:.% J.~,,... 0, '>;. " 't.'... "#"",...",.,,\\,, ". Great Cypr s Village Homeowners Associati,Inc. IlL STATE OF FLORIDA COUNTY OF PASCO Sworn to and subscribed before me this ~ay of March, 2014 by Frank Sykes as President and Donald Rutherford as Secretary of Great Cypress Village Homeowners Association, Inc., a Florida not-for-profit corporation, on behalf of the corporation. Frank ~kes is personally known to me or he produced the following identification: {e /I )0",(( I(v I../'IIOW"./ Donald Rutherford is personally known to me or he produced the following identification: FfoarJQ\, D/HV'Pflf L(C'e...).f~.- ~ THOMAS ROBERT GURRAN MV COMMISSION. EEI99684 ~c»:i' EXPIRES:J_O~. 2:016...

2 OR 81< 9008 PG o( 9 Article IV of the By-laws has been deleted and the following new Article IV has been added to the By-laws as the new Article IV: ARTICLE IV Voting and Election Procedures Section 1: The Association may suspend the voting rights of a parcel or member for the nonpayment of any monetary obligation due to the Association that is more than 90 days delinquent. All such suspensions must be approved at a properly noticed Board of Directors meeting. Upon approval of the suspension by the Board of Directors, the Association must notify the parcel owner by mail or hand delivery. Section 2: Appointing Election Committee Members Regarding an election of Directors scheduled to be held in the month of March: at a duly called meeting of Board of Directors in no later than September of the year preceding such March election, the Board of Directors shall appoint the members of the Election Committee. The Board may appoint that Election Committee at a Board meeting as early as eleven days after the previous Annual Meeting of the membership if no recount of the balloting associated with that meeting was authorized by the Board of Directors. If a recount of the balloting associated with that meeting was authorized by the Board of Directors, then the Board may appoint the next Election Committee as early as the Board meeting where the results of the recount were first announced. The Board may ask for volunteers to serve on the Election Committee. The Board shall appoint three to seven non Board members from the Association membership to the Election Committee at a meeting of the Board. Furthermore: (1) if the number of Election Committee members is less than three, the Board of Directors shall appoint new Election Committee members in order to increase the number of Election Committee members to three members, and (2) at any time, the Board of Directors, in its discretion, may remove one or more Election Committee members for cause. No current member of the Board of Directors may serve on the Election Committee. The Board of Directors is responsible for assuring that the Election Committee follows the established Election Committee Procedures. However, the Board of Directors shall not, except as provided in this Article, interfere with the working of the Election Committee, once the Committee members have been appointed, unless a member of the Association has submitted a written complaint to the Board of Directors regarding the operation of the Election Committee. The Board of Directors may investigate all such complaints and create a remedy for the issues complained of in such a complaint. A member of the Election

3 OR BK 9008 PG of 9 Committee shall not be a candidate for the Board of Directors while serving on the Election Committee. No person who has accepted a nomination to run for a position on the Board of Dir~ctor and no candidate for a position on the Board of Directors may be involved in managing the election process, ballot creation, ballot counting or the ballot mailing process, Further, the members of the Election Committee shall provide unbiased service during the entire election process. Section 3: Election Committee Responsibilities 1. Seeking Candidates The Election Committee will proceed with seeking candidates for the various positions on the Board of Directors as follows: a. Solicit candidates in a notice placed in the Great Cypress Village monthly Newsletter, no later than the November edition. b. Each designated Election Committee member will be responsible for contacting each homeowner, as shown by the Pasco County Public Records, in person, on his or her designated street. If personal contact is not possible, then the designated Election Committee member shall attempt to contact the homeowner by telephone. c. Candidate application forms must be completed and submitted to the Election Committee before the January Board of Directors meeting and the content of all such forms shall be presented to the membership at the January Board of Directors meeting. d. No candidate will be accepted by Election Committee for inclusion on the written ballot later than forty (40) days before the scheduled election. e. A candidate shall only run for one (1) position on the Board of Directors per election. Section 4: Providing Required Information to Homeowners Thirty (30) days before the Annual Membership Meeting, the Election Committee shall mail, by U.S. Mail, to each homeowner: an Election package which shall include:

4 OR BK 9008 PG of 9 a. a cover letter stating when and where the election will take place and stating that a ballot shall not be counted if it is not received by the Election Committee at or before 6:00 P.M. on the date of the election. b. A copy of an Official Absentee Ballot listing all candidates for the Board of Directors and including areas for voting for write-in candidates. The Election Committee shall include on the Ballot: all proposals that require the approval of the membership including the proposed annual budget. The Official Absentee Ballot shall also include all proposed amendments to these By-laws, the Article of Incorporation of Great Cypress Village Homeowners Association, Inc., and the Declaration of Covenants, Conditions, and (Deed) Restrictions of Great Cypress Village. Section 5: Secret Ballot The Association shall require voting by secret ballot by members who are not in attendance at a meeting of the members for the election of directors; such ballots must be placed in an inner envelope with no identifying markings and mailed or delivered to the Association in an outer envelope bearing identifying information reflecting the name of the member, the lot or parcel for which the vote is being cast, and the signature of the lot or parcel owner casting that ballot. If the eligibility of the member to vote is confirmed and no other ballot has been submitted for that lot or parcel, the inner envelope shall be removed from the outer envelope bearing the identification information, placed with the ballots which were personally cast, and opened when the ballots are counted. If more than one ballot is submitted for a lot or parcel, the ballots for that lot or parcel shall be disqualified. Any vote by ballot received after the closing of the balloting may not be considered. Section 6: Election Committee Responsibilities The Election Committee shall keep a log in which Election Committee members shall write a record of those Official Absentee Ballots that the Election Committee has received at or before 6:00 P.M.on the date of the election. A member who has submitted an Absentee Ballot to the Election Committee and all other owners of that member's lot will not be allowed to vote in person. The Election Committee shall examine the aforementioned log and disqualify all inperson ballots that violate this Section. Proxies may not be used to vote for members of the Board of Directors. For the purpose of establishing a quorum at a meeting of the membership, the Chair of the Election Committee will make available a single Proxy Form for an

5 OR BK 9008 PG of 9 owner of any lot. When the Election Committee receives said Proxy Form, the Election Committee shall record the receipt of said Proxy Form in a log sheet and shall stamp the Proxy Form with its unique stamp which will show the lot number associated with the Proxy Form. Members who so submit such a Proxy Form may not vote in person. The Proxy Form will be printed on colored paper. The Election Committee shall vary the color of said paper from year to year. Section 7: Procedure for Election Day a. Election Day (2:00 P.M. - 6:00 P.M.): The Election Committee shall set up three tables, one for each street. The Election Committee shall obtain the most recent street list from the Association's Secretary. The Election Committee shall reject the ballot of each voter who is not an owner, as shown by the Pasco County Public Records, of a lot in LAKE MARINETTE MOBILE HOME PARK. The Election Committee shall reject the ballot of each voter who has had his or her voting rights suspended by the Board of Directors. The Electic'l shall be by secret written ballot. b. Official Absentee Ballots shall be sent to the Association's Clubhouse address and shall be kept unopened and in the sole custody of the Election Committee until after they have been counted by the Election Committee on the day of Election and until after the results of the balloting have been announced at the Annual Meeting of the membership. The Election Committee shall have an absentee ballot log in its possession while it examines all ballots, and the Election Committee shall note, in said log, all Absentee ballots received and shall make sure that no more than one vote for each address has been cast. c. Before any ballot is cast in person on Election Day, the Election Committee shall publicly open all Ballot boxes and show that each Ballot box is empty. During the time allowed for voting in person, the Election Committee shall keep all Ballot boxes locked and shall keep all Ballot boxes on tables under the supervision of Election Committee members. Ballots may only be placed in boxes which are under the supervision of Election Committee members. The closed Ballot boxes shall not be opened until after the close of the polls. The Election Committee shall allow voting until 6:00 P.M. On Election Day. d. The member of the Election Committee in charge of each street table shall identify the member attempting to vote in person and shall require that member to sign the street register. From the time that such Election Committee member accepts the ballot, no other ballot associated with that

6 , ', f OR Bk 9008 PG of 8 "lddress will be accepted by the Election Committee. The Election Committee will provide one Official Ballot to a member who is entitled to vote in person by baljot. A voter may only fill out his or her ballot in pen.,,/ At 6:00 P.M. on Election Day, members of the Election Committee shall relocate to the Association's poolroom where the Election Corwnittee members shall number each ballot in the top left comer and tally the ba'_ts. The Election Committee shall tally the ballots according to their number; one member of the Election Committee shall utilize a computerized spreadsheet to tally the ballots based on the ballot results read to the first member by a second member of the Election Committee while, simultaneously, a thir~ member of the Election Committee shall hand write a tally on a numbered papertablet based on the ballot results read to the third member by the aforementioned second member of the Election Committee. The tally done on the paper tablet shall be written in pen. A ballot shall not be counted if it is not received by the Election Committee at or before 6:00 P.M. on the date of the election. /' Section 8: Reporting Results Once the Election Committee has verified that the results of the balloting shown on the above-mentioned computerized spreadsheet agree with the results of the balloting shown on the above-mentioned paper tablet, the Election Committee shall write or print the final results on paper for the purpose of presenting the results to membership at the Annual Meeting of the Members. The Election Committee shall write or print the results of the balloting as follows: :, ( a. State the total number of Ballots cast; Absentee Ballots and ballots cast by proxy shall be reported separately. b. State the total number of votes cast for each candidate for the BO'ard of Directors, including votes for write-in candidates. c. State the total number of votes cast in favor of each proposed amendment to the governing documents, state the total number of votes cast in opposition to each proposed amendment to the governing documents, and state the percentage votes cast which are composed of votes cast in favor of each proposed amendment. d. State the total number of votes cast in opposition to each proposal that requires approval of the membership, and state the total number of votes I I' I i I J t, ' ;. 1 1' r.i i'j' Ii ~,.1 'i~ j

7 "~ OR Bk 9008 PG of 9 cast in favor of each proposal that requires approval of the membership in order to enable the Election Committee to calculate and report the percentage of affirmative votes relevant to determining whether or not the proposal has been approved by the membership. Once the Election Committee has written or pri~e'd the results of the balloting, the Election Committee shall report those results to the Association membership at the Annual Meeting of the membership. :I Once the Election Committee has reported the reiults of the balloting.at the Annual Meeting of the membership, the Election Committee shall put all of the paperwork connected with the balloting in individual envelopes for each voting topic; said envelopes shall be signed by at least two (2) Election Committee members, sealed, and locked in the Association's office. A recount may not be requested more than ten days after the results are first announced at a meeting of the membership. If a recount is timely requested and authorized by the Board of Directors, three members of the Election Committee shall perform the recount in the same manner that the original count was performed. The Board of Directors shall appoint one member of the Board of Directors to attend and witness the recount, and one member of the Board of Directors shall attend and witness the recount. All members of the Board of Directors may attend the recount and witness the recount. The member or members requesting the recount may attend and witness the recount. All members of the Election Committee may attend and witness the recount. After the recount, the Election Committee shall seal the ballots in the aforementioned envelopes and lock the envelopes and the ballots in the Association's office. Section 3 of Article III of the Association's By-Laws has been amended as follows: Section 3: Removal Any member of the Board of Directors shall be removed from the Board, with or without cause, pursuant to Florida Statutes, by a majority of the total voting interests. Section 7 of Article III of the Association's By-Laws has been deleted in its entirety. Article VIII of the Association's By-Laws has been amended as follows: 1. Architectural Control and Code Enforcement (four members)

8 OR BK 9008 PG of 9 The committee is responsible to research each Modification Request Form that affects any external portion of a residence. The home owner shall not, without first obtaining the written consent of the Association, alter the Unit's exterior in any way or add to the existing home, the lot or any structures thereon. Neither the homeowner nor a resident of the home shall paint or alter the home's outward appearance without first having obtained the approval thereof from the Board of Directors and its appointed Architectural Committee. It is then the responsibility of the home owner to secure any necessary Pasco County pefu,its to accomplish the approved project and it is the responsibility of the homeowner to hire the contractors to do the work. The Committee is also responsible for performing an ongoing inslection of all homes for any specific violations of the current Declaration and Architectural sta~ards. The Board of Directors may send notices to homeowners demanding that the owners resolve the violations. In addition, the Committee shall investigate all complaint forms received by the Committee and the Committee shall report the results of its investigation to the Board of Directors. The Committee shall examine the current Declaration and Architecfural Standards in regard to each complaint received and shall report to the Board any specitlc violations. The Committee shall present its written findings to the Board of Directors who will initiate such action as the Board deems necessary to resolve the complaint. Article VIII of the Association's 6. Voting/Election Committee By-Laws has been amended as follows: The Voting/Election Committee shall have the authority and responsibility to accomplish the following: 1. Consult lot owners for any needed candidates 2. Conduct the nomination process for positions on the Board of Directors being declared vacant 3. Supervise election ballot creation 4. Distribute or mail election package to all owners 5. Secure from the Secretary any special mailing requirements 6. Withhold distribution of the election package to delinquent owners after approval of the Board of Directors 7. Supervise the election and tabulate the results. 8. Comply with Article IV of these By-Laws. 9. Enforce the mandate of these By-Laws that states that proxies may not be used in electing members to the Board of Directors. Article XII of the Association's By-Laws has been amended as follows: Section 3: Amendment Procedures

9 OR BK 9008 PG~~571 8 of 9 These By-Laws may be amended, changed, added to, or deleted at any time upon the approval of not less than fifty-five (55) percent of the Owners present in person or by proxy at a duly noticed meeting of the membership of Great Cypress Village Homeowner's Association, Inc. Voting on such amendments shall be done by ballot. Proxies may not be used to cast a ballot in this amendment process. Members may vote on amending these By-Laws in person or by secret absentee ballot. In order to be effective, any amendment to these By-Laws must be first recorded in Public Records of Pasco County, and such a'mendment shall be verified by an attached certification by the President and the Secretary of Great Cypress Village Homeowner's Association, Inc. that the amendment was duly adopted per,e terms of these By-Laws. I'