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Home My WebLink AboutSD-19-27 - Supplemental - 1505 Dorset Street (111)BYLAWS OF DORSET MEADOWS PLANNED COMMUNITY HOMEOWNERS’ ASSOCIATION, INC. ARTICLE Plan of Lot Ownership Section . Applicability. These Bylaws provide for the governance of the Dorset Meadows Planned Community Homeowners’ Association, Inc. (the “Association”), and being more particularly described in the Declaration of Planned Community for the Dorset Meadows Planned Community dated of or about even date herewith and to be recorded in the City of South Burlington Land Records (the “Declaration”). Section . Compliance. Every Lot Owner (as defined and described in the Declaration) and all those entitled to occupy a Lot (as defined and described in the Declaration) shall comply with these Bylaws. Section . Office. The office of the Association, and the Executive Board shall be located at the Property or at such other place as may be designated from time to time by the Executive Board. Section . Definitions. Each capitalized term used herein without definition shall have the meanings specified in the Declaration, to which these Bylaws are attached, as it may be amended from time to time. ARTICLE Association Section . Composition; Responsibility. The Association shall consist of all Lot Owners acting as a group. The Association shall have the responsibility for maintaining, repairing, and replacing the open space, common elements and common infrastructure at the Dorset Meadows Planned Community as described in the Declaration, establishing the means and methods of collecting Assessments for common expenses, and performing all of the other acts that may be required or permitted to be performed by the Association under the Declaration. Section . Annual Meetings. An annual meeting of the Association shall be held each year at a time to be determined by the Executive Board. At such annual meetings the Executive Board for the next year shall be elected. If, in any year, an annual meeting is not held, a special meeting may be held in lieu thereof, and any elections or business transacted any annual meeting. Section . Special Meetings. Special meetings of the members may be called at any time for the purpose of considering matters which, by the terms of the Declaration require the approval of all or some of the members, or for any other reasonable purpose. Said meetings shall be called by written notice, signed by the President or a majority of the Executive Board, or by the Lot Owners having twenty percent (20%) of the total votes in the Association. Section . Place of Meetings. Meetings of the Association shall be held at the principal office of the Association or at such other suitable place convenient to the Lot Owners as may be designated by the Executive Board. Section . Notice of Meetings. If the Association does not notify Lot Owners of a special meeting within thirty (30) days after the requisite number or percentage of Lot Owners request the Secretary to do so, the requesting members may directly notify all the Lot Owners of the meeting. Only matters described in the meeting notice required by Section 2.5(b) may be considered at a special meeting. (b) The Association shall notify Lot Owners of the time, date, and place of each annual and special Lot Owners meeting not less than ten (10) days or more than sixty (60) days before the meeting date. Notice may be by any means described in Section 3-121 of the Act. The notice of any meeting must state the time, date, and place of the meeting and the items on the agenda, including: (i) a statement of the general nature of any proposed amendment to the Declaration or Bylaws; (ii) any budget changes; and (iii) any proposal to remove an officer or member of the Executive Board. (c) Any Owner may at any time, in writing, waive notice of any meeting of the Association, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Lot Owner at any meeting of the Association without objection to the notice of the meeting shall constitute a waiver of notice by him or her of the time, place and purpose of such meeting. The minimum time to give notice required by Section 2.5(b) may be reduced or waived for a meeting called to deal with an emergency. (d) Meetings of Lot Owners may be conducted by telephonic, video, or other conferencing process as long as: (i) the meeting notice states the conferencing process to be used and provides information explaining how Lot Owners may participate in the conference directly or by meeting at a central location or conference connection; and (ii) the process provides all Lot Owners the opportunity to hear or perceive the discussion and to comment as provided in Section 2.10. Section 2.6. Method of Providing Notice. (a) The Association shall deliver any notice required to be given by the Association under the Act to any mailing or electronic mail address a Lot Owner designates. Otherwise, the Association may deliver notices by: (i) hand delivery to each Lot Owner; (ii) hand delivery, United States mail postage paid, or commercially reasonable delivery service to the mailing address of each Lot; (iii) electronic means, if the Lot Owner has given the Association an electronic address; or (iv) any other method reasonably calculated to provide notice to the Lot Owner. (b) The ineffectiveness of a good faith effort to deliver notice by an authorized means does not invalidate action taken at or without a meeting. Section 2.7. Adjournment of Meetings. If at any meeting of the Association a quorum is not present, Lot Owners having a majority of the votes who are present at such meeting in person or by proxy may adjourn the meeting to a time not less than forty-eight (48) hours after the time the original meeting was called. Section 2.8. Voting. (a) Lot Owners shall be entitled to vote on Association matters as provided in the Declaration and the Act. Lot Owners shall have one (1) vote weighted in accordance with their undivided Allocated Interest in the Common Elements pertaining to their Lot as allocated in the Declaration, and joint owners of a Lot shall vote their one (1) vote collectively through one owner identified as the “voting member” in a writing filed with the Secretary. (b) Lot Owners may vote at a meeting in person, by absentee ballot pursuant to Section 2.8(c)(iv), by a proxy pursuant to Section 2.8(d) or, when a vote is conducted without a meeting, by electronic or paper ballot pursuant to Section 2.8(e). (c) At a meeting of Lot Owners, the following requirements apply: (i) Lot Owners who are present in person may vote by voice vote, show of hands, standing, or any other method for determining the votes of Lot Owners, as designated by the person presiding at the meeting. (ii) If only one of multiple owners of a Lot is present, that owner is entitled to cast all the votes allocated to that Lot. If more than one of the owners are present, the votes allocated to that Lot may be cast only in accordance with the agreement of a majority in interest of the owners, unless the Declaration expressly provides otherwise. There is majority agreement if any one of the owners casts the votes allocated to the Lot without protest being made promptly to the person presiding over the meeting by any of the other owners of the Lot. (iii) Unless a greater number or fraction of the votes in the Association is required by this chapter or the Declaration, a majority of the votes cast determines the outcome of any action of the Association. (iv) A Lot Owner may vote by absentee ballot without being present at the meeting. The Association promptly shall deliver an absentee ballot to an owner that requests it if the request is made at least three (3) days before the scheduled meeting. Votes cast by absentee ballot must be included in the tally of a vote taken at that meeting. (v) When a Lot Owner votes by absentee ballot, the Association must be able to verify that the ballot is cast by the Lot Owner having the right to do so. (d) The following requirements apply with respect to proxy voting: