Saturday, September 28, 2013

Annual meeting package incomplete

The October 10, 2013, annual meeting package mailed on September 11, 2013 contains no financial information, no candidate statements, no issues to be voted upon. How is an absentee owner supposed to vote?

Yes, the absentee owner can give a proxy to someone else, but they can't direct how the proxy should be voted. They must have the option to do that if they so choose.

And how does the management assure that the proxy holder has been authorized by the homeowner to vote their proxy?  To avoid fraud, proxies are issued bearing a unique number and name(s) of the person to whom the proxy was issued.

The Association website is also missing financial information and minutes of meetings to allow one to cast an intelligent vote.

Friday, September 27, 2013

Free month of assessments violates covenants

The Southampton newsletter received today states "there will be two drawings for a free month of assessments" at the October 10 meeting of the Association.

Condominium Declaration, ARTICLE VII, states "the Unit Owners Association shall not . . . change the pro rata interest or obligation of any residential Condominium Unit as shown in EXHIBIT "E".

Condominium Bylaws, ARTICLE IX, state "Each member shall pay . . . a monthly sum . . . equal to one-twelfth (1/12) of the member's proportionate share".

Releasing any unit owner from paying the pro rata share effects the amount paid by all unit owners, i.e. changes their pro rata share.

And why only " two drawings"? Why not 5, or 10, or 50? Where does one draw the line? Whatever the Board wishes to do must be consistent with the condominium covenants. The "two drawings for a free month of assessments" are not.

Furthermore, according to § 55-79.71.E, "Except to the extent expressly permitted or expressly required by other provisions of this chapter, or agreed to by 100 percent of the unit owners, no amendment to the condominium instruments shall change . . . (iii) the liability for common expenses".