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PRESENT:
KATHY LAWSON, JIM KLOIBER, TOMI MOODY, GEORGE BADEY, JOHN MOORE, EXCUSED
SHIRLEY PHILLIPS
Reviewed minutes of last meeting. Correction: Jim Kloiber was to
review nominating committee file folder for pertinent information
regarding the actual voting process. Correction noted.
Report from John Moore regarding covenants and bylaws statements
regarding the voting process.
* To make a change to the amendments
and bylaws (pg 19) a requirement of 67% of lots needed for approval.
* Regarding special assessments
(pg18) 70% of votes cast at a meeting, once there is a quorum (25% of
membership) of the 720 present or by proxy
* BY law 55A-7-22 a quorum must be
at least 10% of the votes entitled to be cast. So CLHOA has a much more
stringent requirement than by law. It is noted that the law, in
this regard asks for a minimum, but not a maximum percentage.
* Issue: (pg 21, paragraph #2)
a Minor Amendment may be made correcting a discovered error. This
statement has been noted to be confusing to many members, as it was
instituted during the years when Weyerhaeuser was in control. This
committee has decided to include it as a recommendation for deletion
from the covenants in the future.
* To facilitate examination of the
materials here, the term “Declarent” as noted in the covenants and by
laws, will for current purpose, be defined as Cypress Landing Home
Owners Association.
* Special meetings may be called for
by the Board of Directors (pg 47).
* Emergencies: the board can assess
the membership for emergency purpose without a vote.
* There is no mention that the
membership may call a special meeting. That is reserved for the
Board alone.
* Special assessment
meetings/communication discussion sessions toward votes must be
communicated to the membership at least 20 days before the meeting and
vote, but not more than 60.
* There was no other mention within
the covenants or bylaws found at this time dealing directly with a
voting process for assessment, bylaws or covenants changes, or Board of
Directors member’s elections.
* John to draft a policy regarding
communications and time lines for informing the members about
opportunities to discuss issues before a voting session for the next
meeting
Report from Jim Kloiber regarding his review of the nominating committee
charter, as well as the Planned Community Act.
* Nothing was found directly
influencing the voting. Once the committee found the list of
nominees and prepared that list, arranged the candidates night session,
the responsibilities moved away from the actual voting process.
* Proxy voting counting was
mentioned. However this process historically was not documented
here.
* Various forms of voting were noted
in the Planned Community act. Definition of each will be presented
at the next meeting by Jim for clarification.
* Methods included: accumulative
voting, plurality votes, single candidate voting, and top four of five
or more candidate’s chosen. The Act does not relegate the actual
method we must use. It simply defines options. The
Homeowners association may choose whichever method is preferred.
Report from Tomi Moody regarding the CAI recommendations regarding the
voting process.
* CAI recommended an elections
committee that may be an ad hoc or standing committee.
* The purpose of this committee is
to set up and run the actual election process. To monitor the
process regarding opening of votes submitted, inspections of validation
or authenticity etc.
* It was recommended to retain a
third party for counting of the actual votes.
* The committee favorably
recommended this concept.
* Tomi to draft a Committee
structure, including responsibilities and limitations as noted by the
CAI for review at the next meeting.
* An issue with the fear of
anonymity of the vote was discussed.
* Tomi to also bullet the historical
process on validation of receiving a ballot and then the separation of
that ballot for anonymity.
George Badey offered to review with this committee the processes used
for the Golf Club election numbering system and maintenance of anonymity
at the next meeting.
* Issues include ballot and proxy
wordage, and there was some discussion why we actually have the two
pieces for everyone.
* Use of ballot to be defined
* Use of proxy to be defined.
* The ballot or the proxy is
historically used to establish a quorum.
* Is there supportive background one
way or another if a proxy is needed in establishing a quorum
* Recommendation that we
remove the “nominations from the floor” when voting for Board members to
simplify election processes. However this is currently a
part of the by laws and more in depth study will be needed before a
formal recommendation is given to the Board from this committee.
Recommendation from this committee: to review the discussion / comment
process before a voting session. Communication and marketing of
voting issues and the effect of current methods will be included.
Necessity of a feedback loop for issues, and concerns rose. A
draft will be a part of next meeting from John Moore.
Kathy and George to attend the Long Range Planning Committee to
investigate unnecessary duplication of efforts. They will report
back at the next meeting of this committee.
It was recommended that all members send a draft of materials to be
presented at the next meeting so we may review beforehand.
Next Meeting January 3rd. Thursday. 0900 ACC conference room at
the Bay Club.
Respectfully submitted:
Kathryn A. Lawson
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