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Proposed:
All of the owners of a fee interest in a lot in these subdivisions or in any other subdivisions or condominium development created in the vicinity thereof or adjacent thereto by the Grantor herein, or its assign, shall upon becoming a record owner of such a fee interest become a member of the Property Owners’ Association. REMOVE and have only one (1) collective vote irrespective of the number of lots held by the member, to be cast in all matters requiring a vote. All votes must be cast in person. If lots are held by a legal entity only the designated representative of the entity may cast its vote. To vote a member must be in good standing as of 30 days before the date for the election. “Good standing” shall mean the member is current in all P.O.A. assessments. ADD Voting Rights: In all matters calling for a vote of the membership, a member who owns a lot without a residence on it shall be entitled to only one collective vote irrespective of the number of lots held by the member, and a member who owns a lot with a residence on it shall be entitled to only two collective votes irrespective of the number of lots held by the member.
Multiple lots which are titled in the same names are only allowed one collective vote irrespective of the number of lots held by the member. If a lot is held jointly only one vote may be cast by the joint members. To vote, a member must be in good standing as of 30 days before the date of the election. “Good Standing” shall mean the member is current in all P.O.A. assessments.
The vote may be cast among other things on such matters as assessments, amending, altering, or deleting the restrictions, or electing trustees or Board of Directors of the Property Owners Association and approving and amending By-Laws of any such Property Owners Association. All such voting must be done in person, and no proxy voting will be permitted. REMOVE and if more than one individual owns any lot, only one vote may be cast. It is clearly understood that any water and sewer system or Golf course or Club facility that may be installed shall not be subject in any way to the provisions of these restrictions, except as they provide for easements for such utilities, same shall be owned independently by private corporations.
Reason:
This ballot item is to update the Covenants pertaining to voting rights. The voting rights are contained in both the by-laws and in the Covenants. A conflict was created between the by-laws and the Covenants with the by-law change voted in by the membership in the 2023 Annual Election. This ballot item does not alter vote of the 2023 By-law change. It is only to remove the conflict. If 2024 ballot item 1 or 2 fails, the By-law Article II Section 2 on Voting Rights will revert to the 2022 version as the conflict cannot remain in place.
Below is the 2023 Ballot Item result for your reference.
This by-law was approved 186 Yes to 110 No in 2023. Due to the conflict with the Covenant the Covenant is being updated.
Proposed:
In all matters calling for a vote of the membership, a member who owns a lot without a residence on it shall be entitled to only one collective vote irrespective of the number of lots held by the member, and a member who owns a lot with a residence on it shall be entitled to only two collective votes irrespective of the number of lots held by the member. Multiple lots which are titled in the same names are only allowed one collective vote irrespective of the number of lots held by the member. If a lot is held jointly only one vote may be cast by the joint members. To vote, a member must be in good standing as of 30 days before the date of the election. “Good Standing” shall mean the member is current in all P.O.A. assessments. REMOVE Section 2: Voting Rights: In all matters calling for a vote of the membership, a member who owns a lot without a residence on it shall be entitled to only one collective vote irrespective of the number of lots held by the member, and a member who owns a lot with a residence on it shall be entitled to only two collective votes irrespective of the number of lots held by the member.
Multiple lots which are titled in the same names are only allowed one collective vote irrespective of the number of lots held by the member. If a lot is held jointly only one vote may be cast by the joint members. To vote, a member must be in good standing as of 30 days before the date of the election. “Good Standing” shall mean the member is current in all P.O.A. assessments. ADD Voting Rights are in Covenant section 4B.
Reason:
Removing yea Rights from being in both the By-laws and the Covenants. The Covenants are the correct document for the voting rights. If 2024 ballot item 1 or 2 fails, the By-law Article II Section 2 on Voting Rights will revert to the 2022 version as the conflict cannot remain in place.
Proposed:
ADD 1k. All entrance into or exit from Raintree Plantation, by any motorized vehicle, including but not limited to, cars, trucks, motorcycles, and golf carts, shall be through roads in which Raintree Property Owners Association controls a motorized gate. Raintree Property Owners Association may provide written exceptions to this Covenant but is not required to. Further, this Covenant is not intended to limit the travel of golf carts and approved maintenance vehicles from entering and exiting Raintree Golf Course, assuming those vehicles originally entered Raintree Plantation through a motorized gate. This Covenant is intended to limit any entrance into Raintree Plantation through an enjoining lot that is not within the boundary of Raintree Plantation. Driveways or any other type of thoroughfare that adjoin a street not within Raintree Plantation to a street within Raintree by crossing the boundary line of Raintree Plantation are strictly prohibited.
Reason: The proposed language is added to prevent misunderstanding and conflict regarding ingress and egress into Raintree Plantation, and especially the purchase of lots adjoining Raintree Plantation, such as the lots currently available on Highway B.
