Meeting of Owners
Section 1. Place of Meetings
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:
- Roll Call
- Proof of Notice of Meeting or Waiver of Notice
- Reading of Minutes or preceding meeting
- Reports of Officers
- Election of Board (Organizational and Annual Meeting only)
- Unfinished Business
- New Business
Section 9. Parlimentary 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.