Meetings
of the owners shall be held at the condominium project
site, or as close thereto as practicable within the
City of Orange as may be directed by vote and resolution
of the Board of Directors.
Section
2. Annual Meetings
Regular
meetings of members of the Association shall be held
no less frequently than once each calendar year. The
first meeting of the Association shall occur within
forty-five (45) days after the close of sale of the
first unit in the project which represents the fifty-first
(51st) percentile interest authorized for sale under
the first Public Report, but no later than six (6) months
after the close of sale of the first unit in Phase I
and each subsequent regular meeting, shall be held on
the same day of the same month of each year thereafter
at a time to be determined by the Board. If the day
for the annual meeting shall be a legal holiday, the
meeting shall be held at the same hour on the first
day following which is not a legal holiday. At such
meeting there shall be elected, by secret written ballot,
A Board whose duties shall be as hereinafter provided.
The owners may also transact such other business as
may properly come before the annual meeting.
Section
3. Special Meetings
A
special meeting of members of the Association shall
be promptly called by the Board upon: (a) the vote for
such a meeting by a majority of a quorum of the Board;
(b) receipt of written request therefore signed by members
representing not less than twenty-five (25%) percent
of the total voting power of the Association, or by
members representing not less than fifteen (15%) percent
of the voting power residing in members other than Declarant.
Section
4. Notice of Meetings
Written
notice of each meeting of members shall be given by
or at the direction of the Secretary or person authorized
to call the meeting, by mailing a copy thereof, postage
prepaid, at least ten (10) days prior to such meeting,
to each member entitled to vote thereat, addressed to
the members' addressees last appearing on the Association
books or supplied by the members to the Association
for the purpose of notice. Such notice shall specify
the reasonable date, time and place of meeting and in
the case of a special meeting, the purpose(s) thereof,
except as otherwise provided in the Declaration. In
the case of the first annual meeting (organizational
meeting) of members, written notice of said meeting
may be given by Declarant or by Declarant's representative.
Section
5. Waiver of Notice
The
presence of all members in person or by proxy at any
meeting, shall render the meeting a valid meeting, unless
any member shall, at the opening of the meeting, object
to the holding of same for non-compliance with the provisions
of Section 4. hereinabove. Any meeting so held without
objection shall, notwithstanding, that notice given
may have been improper, be valid for all purposes and
at such meeting any general business may be transacted
and any action may be taken.
Section
6. Consent to Members' Meetings
Transactions
of any meeting members, however called and noticed,
shall be valid as through had at a meeting duly held
after regular call and notice, if a quorum is present
either in person or by proxy, and if either before or
after the meeting, each member entitled to vote not
present in person or by proxy, signs a written waiver
of notice or a consent to holding of the meeting, or
an approval of the minutes thereof. All such waivers,
consents or approvals shall be filed with the Association
records or made a part of the meeting minutes.
Section
7. Proxies
Every
person entitled to vote or execute consents shall have
the right to do so either in person or by agent(s) duly
authorized by written proxy executed by such person
or his duly authorized agent(s), and filed with the
Secretary of the Association prior to the commencement
of the meeting at which the proxy is to be exercised.
Every proxy shall be revocable by the person granting
it, announcing its revocation to the Secretary of the
meeting at which it would otherwise be exercised, prior
to the exercise thereof and shall automatically cease
upon sale or conveyance by the person granting the proxy
of his interest in his lot.
Section
8. Order of Business
The
order of business at all meetings of the owners shall
be as follows:
1.
Roll Call
2. Proof of Notice of Meeting or Waiver of Notice
3. Reading of Minutes or preceding meeting
4. Reports of Officers
5. Election of Board (Organizational and Annual Meeting
only)
6. Unfinished Business
7. New Business
Section
9. Parliamentary Procedure
All
questions of Parliamentary Procedure shall be decided
in accordance with Robert's Rules of Order.
Section
10. Adjournment
Any
Association meeting may be adjourned from time to time
to such time and place as may be determined by majority
vote of members present, whether a quorum is present
or not, without notice other than announcement at the
meeting. At any adjourned meeting at which a quorum
is present, any business may be transacted which might
have been transacted by quorum at the meeting as originally
called.
Section
11. Organization
The
President, or in his absence, the Vice-President, shall
call the meeting to order and shall act a chairperson
of the meeting. In the absence of the President and
Vice-President, members shall appoint a chairperson
for such meeting. The Secretary of the Association shall
act as Secretary at all meetings of members but in the
absence of the Secretary at any members' meeting, the
presiding officer may appoint any person to act as Secretary
thereof.
Section
12. Inspection of Election
Prior
to any members' meeting, the Board may, if it so desires,
appoint inspectors of election to act at such meetings
or any adjournment thereof. If inspectors are not so
appointed, the chairperson of any meeting may and upon
request of any member or his proxy shall, make such
appointment at the meeting. The number of inspectors
shall be either one, three or five.
Section
13. Quorum
A
quorum for the transaction of business at an Association
meeting through the presence in person or by proxy of
such members, shall be established at fifty-one (51%)
percent of the total voting power of the Association.
In the absence of a quorum at Association meetings,
a majority of those present in person or by proxy, may
adjourn the meeting to another time, but may not transact
any other business. An adjournment for lack of a quorum
shall be to a date not less than five (5) nor more than
thirty (30) days from the original date and the quorum
for such later meeting shall be twenty-five (25%) percent
of the total voting power of the Association.
