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8F Consent 2011 0502
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8F Consent 2011 0502
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Last modified
5/4/2011 4:34:43 PM
Creation date
4/28/2011 3:49:09 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/2/2011
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PERM
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_CC Agenda 2011 0502
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0502
Reso 2011-088
(Reference)
Path:
\City Clerk\City Council\Resolutions\2011
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Bylaws, matters which require the approval or vote of Class A Owners will be deemed <br /> approved by Class A Owners if approved by the specified percentage of Class A Owners <br /> present, either in person or by proxy. at a duly called regular or special meeting at which <br /> at least thirty -three and one -third percent (33 -1/3 %) of the voting power of Class A <br /> Owners is present. either in person or by proxy, or if approved by written ballot by the <br /> specified percentage of Class A Owners if the number of such votes cast by ballot equals <br /> or exceeds thirty -three and one - third percent (33 -1 /3 %) of the voting power of Class A <br /> Owners. <br /> (c) Voting rights shall vest at the time of conveyance of any Condominium. <br /> (d) Voting for the members of the Board of Directors shall,be by secret written ballot, <br /> and all Owners. excluding the Class B Owner during th /Declarant Control Period, shall <br /> be entitled to exercise cumulative voting rights as p rovide&in Section 8.5 of this <br /> Declaration. <br /> 8.4 Joint Ownership Votes. The vote th attributed to each•Condominium may <br /> not be cast on a fractional basis. If a Condominium has more than one Owner and the <br /> Owners are unable to agree as to how the vote should be cast, the vote sb 111e forfeited <br /> on the matter in question. I f one O` ner casts the\ote attnbuted to a Condominium, the <br /> vote shall conclusively bind all the Owners of that Condominium. If more than one <br /> Owner casts the vote attributed to,a`6ond in ary in which only one vote <br /> can be cast for that Condominium, the votes cast by such,Owners shall not be counted <br /> and shall be considered void. <br /> 8.5 Cumulative'Voting. <br /> (a) The election of members to the of Directors may be by cumulative voting as <br /> described herein provided that,a candidate's name has been placed in nomination prior to <br /> the.voting and at-lea (1) Owner has -given -office at the meeting prior to the voting <br /> of his or her intent of n,to cumulate'votes. If any such Owner has given such notice, then <br /> • all Owners shall have the right t c their votes for candidates in nomination. <br /> (b) Under voting each Owner. either in person or by proxy, may give a single <br /> ■ <br /> candidate the number of votes\equal to the number of Directors for whom the Owner is <br /> entitled to vote,multiplied by the number of votes the Owner is entitled to exercise under <br /> this Declaration, or the O (tier may distribute these cumulated votes among any two or <br /> more candidates as the Owner desires. Subject to the provisions of the Bylaws, the <br /> candidates receiving the highest number of votes. up to the number of Directors to be <br /> elected. shall be elected. <br /> (c) Unless the entire Board is removed by a vote of the Owners, an individual director <br /> may not be removed prior to the expiration of his or her term if the votes against removal <br /> would have been sufficient to elect that director if cast cumulatively at an election at <br /> which the same total number of votes were cast and all Directors authorized at the time of <br /> the most recent election of that director were being elected, except that this provision <br /> shall not apply to Declarant during the Declarant Control Period. <br />
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