The homeowners of SunBird Golf Resort will be asked to vote on amendments to the CC&Rs in January 2015. Each amendment will be voted on separately.
In order to ensure everyone has an opportunity to understand the issues, a different amendment is being addressed each month in the SunBird News. This month we will discuss making the vote on changes to the CC&Rs more reflective of our community.
Currently, a Yes vote by 50 percent plus one of all homeowners in SunBird is required in order to change any item in the CC&Rs. This is a bit of a problem here as we have many absentee landlords who are not as likely to be aware of, or interested in, SunBird issues. Also, there are always a number of residents who, for a variety of reasons, refuse to take part in any voting. These non-votes reduce our quorum and become counted as NO votes. We asked our attorneys about a method of voting that helps us overcome these issues. This is what was suggested:
13.2 Amendments. This Declaration may be amended at any time by the Association following the procedures set forth herein. Except as otherwise provided in this Section 13, amendments must be approved, by absentee ballot or at the meeting, as follows: (1) the Association shall give notice to all Owners not less than 30 nor more than 50 days in advance of any meeting of the Owners to vote on the proposed amendments; (2) at the first meeting held for such purpose, the quorum shall be Owners representing 50 percent of the votes in the Association; (3) if quorum is not met at the first meeting, the Association may hold a second meeting, subject to the same notice requirements; (4) at the second meeting, held for such purpose, the quorum shall be Owners representing 25% of the votes in the Association; (5) at the meeting at which quorum is met, Owners casting at least two-thirds (2/3) of the votes cast must vote in favor of the amendments for them to pass.
A Yes vote means:
Amendments will be determined by those homeowners who are willing and interested in the issues.
A No vote means:
Homeowners who refuse to vote are considered to register a No vote.