HAMMOCK
BEACH ESTATES HOME OWNER’S ASSOCIATION, Inc.
Ballot.
Proposed Amendments to the By-Laws
Indicate your vote on each amendment by
placing an X on the line in front of either For or Against
(Additions to text are indicated by bold
underline; deletions by strikethrough)
Proposed
Amendment One: Amend Section 2.2 as follows:
2.2 A Quorum
at members’ meetings shall consist of the owners of a majority thirty
per cent (30%) of the units, and decisions shall be made by the
owners of a majority of the units represented at a meeting at which a quorum is
present, except where approval by a greater number is required by the
Declaration, the Articles of Incorporation, or the By-Laws. The joinder of a member in the action of a
meeting by signing and concurring in the minutes thereof shall constitute the
presence of such persons for the purpose of determining a quorum.
_____ FOR _____AGAINST
Proposed
Amendment Two: Amend Section 2.3 as follows:
2.3 Proxies. Voting. Votes may be cast in person or by proxy. Votes for the election of directors
and amendments to the Declaration, the Articles of Incorporation, or the
By-Laws of the Association shall be cast in person or by absentee ballot
only. Votes on all other matters shall
be cast in person, by absentee ballot, or by proxy. Proxies shall be valid only for the
particular meeting designated thereon and must be filed with the secretary
before the appointed time of the meeting.
_____ FOR _____AGAINST
Proposed
Amendment Three: Amend Section 4.2 a. as follows:
a. Election
of directors shall be held annually and concluded at the Annual
Members’ Meeting
_____ FOR _____AGAINST
Proposed
Amendment Four: Amend Section 4.2 b. as follows:
b. A Nominating Committee of three (3) members shall be appointed by
the Board of Directors not less than thirty (30) ninety (90)
days prior to the Annual Members’ Meeting.
The Committee shall nominate one person for each director to be
elected. Nominations for additional directorships created at the meeting shall be made from the floor,
and other nominations may be made from the floor. The Committee will draw up the procedures and rules for
conducting the election and submit them to the Board for its approval not less
than sixty (60) days prior to the Annual Members’ meeting. At least one member of the Committee
will be a member of the Board of Directors. The Chair of the Committee will be
decided upon by a vote of Committee members at its first meeting.
_____ FOR _____AGAINST
Proposed Amendment Five: Amend Section
4.2 c. as follows:
c. The-elections shall be by ballot (unless dispensed by unanimous
consent) and by a plurality of the votes case, each person voting being
entitled to cast his vote for each as many nominees as there are vacancies to be
filled by the remaining directors. Voting shall be by absentee ballot received
before the commencement of the Annual Members’ Meeting or by
ballot cast in person at the Annual Members’ Meeting. Only a plurality of the votes cast shall be required for
election. Each person voting shall be
entitled to vote for as many nominees as there are vacancies to be filled. The ballot shall provide for write-in votes.
_____ FOR _____AGAINST
Proposed
Amendment Six: Amend
Section 4.3 as follows:
4.3 The term of
each director’s service shall normally be for two years and shall
extend until the next annual meeting of the members and subsequently
until a successor is duly elected and qualified or until he is removed in the
manner elsewhere provided. However,
three directors shall be elected for a term of two years at the first
Annual Members’ Meeting following adoption of this amendment, and two
directors shall be elected for a term of one year. Thereafter, all directors shall be elected
for a term of two years.
_____ FOR _____AGAINST
Proposed
Amendment Seven: Amend Section 9.2 as follows:
9.2 A resolution
adopting a proposed amendment may be proposed by either the Board of Directors
or by the members of the Association.
Directors and members not present in person or by proxy at the meeting considering
the amendment may express their approval in writing, provided
such approval is delivered to the Secretary at or prior to the meeting. Except as elsewhere provided, such approval
must be by not less than two-thirds (2/3) of the entire membership of the Board
of Directors and by not less than two-thirds (2/3) of the votes of the
entire membership of the Association the members of the Association
voting in person or by absentee ballot.
_____ FOR _____AGAINST
PLEASE INDICATE YOUR VOTE ON EACH OF THE SEVEN
PROPOSED AMENDMENTS.
SIGN THE BALLOT BELOW AND INDICATE ALL LOT
NUMBERS THAT YOU OWN. MAIL YOUR
COMPLETED BALLOT IN THE ENCLOSED ENVELOPE BY MARCH 31 TO P.O. BOX 350668, PALM
COAST, FL 32135.
Signed _____________________________________________ Lot(s) Owned ______________________