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DOCUMENTS &
FORMS
Disclaimer:
This document is made available solely for general informational purposes. The Oxxford Hunt Community Association makes no representations or warranties as to the accuracy of this information or its legal significance. The information furnished through this medium should not be construed as a certified copy. In situations in which the accuracy and reliability of the information contained in these records is of paramount importance, the user is cautioned not to rely on information made available through this medium, but instead to obtain copies of the record certified as true and correct by the Oxxford Hunt Community Association or its management company, Omega Management, Incorporated.
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ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
Section 1. Membership. The Company shall be a Member of the Association, and a creditor who acquires title to the Properties or any portion thereof pursuant to foreclosure or any other proceeding or deed in lieu of foreclosure shall be a Member of the Association. Every Owner shall be a Member of the Association. The Association may issue to each Member a membership card which shall expire upon sale by an Owner of his property in Oxxford Hunt. Owners who are exempt from the payment of Assessments shall not be Members of the Association unless otherwise specified herein.
Section 2. Voting Rights. The Association shall have five (5) types of regular voting membership and one (1) type of special voting membership which provides the Company, its successors and assigns, with the power to elect a portion of the Board of Directors:
TYPE A: Type A Members shall be all Owners, including the Company, its successors and assigns, of Residential Lots and Family Dwelling Units. A Type A Member shall be entitled to two (2) votes for each Family Dwelling Unit which he Owns.
TYPE A-1: Type A-1 Members shall be all Owners including, the company, its successors and assigns, of Multiple-Family dwelling units with internal amenities which are partially exempt from the assessment as set out in Article V, Section 12 of this Declaration. A Type A-1 Member shall be entitled to one (1) vote for each Family Dwelling Unit.
TYPE B: Type B Members shall be all those Owners, including the Company, its successors and assigns, of platted Public or Commercial Sites and Multiple-Family Tracts. A Type B Member shall be entitled to one (1) vote for each One Hundred ($100.00) Dollars in Annual Assessments paid to the Association. In computing the number of votes to which a Type B Member shall be entitled, the amount of the Assessment paid shall be rounded to the nearest One Hundred ($100.00) Dollars.
TYPE C: Type C Members shall be all those Owners, including the Company, its successors and assigns, of Public or commercial Units. A type C Member shall be entitled to one (1) vote for each One Hundred ($100.00) Dollars in Annual Assessments paid to the Association. In computing the number of votes to which a type C Member shall be entitled, the amount of the Assessment paid shall be rounded to the nearest One Hundred ($100.00) Dollars.
TYPE D: Type D Members shall include all those Owners, including the Company, its successors and assigns, of Unsubdivided Lands and Development Unit Parcels held and intended for future development by the Company or a third party. A type D Member shall be entitled to one (1) vote for each One Hundred ($100.00) Dollars of Annual Assessments paid to the Association. In computing the number of votes to which a Type D member shall be entitled, the amount of the Assessment paid shall be rounded to the nearest One Hundred ($100.00) Dollars.
TYPE E: The Type E Member shall be the Company, its successors and assigns. The Type E Member shall be entitled to elect a portion of the Board of Directors as set out in Section 4 of this Article III.
Payment of Special Assessments shall not entitle type A, A-1, B, C and D Members to additional votes.
When any property entitling the Owner to membership as a Type A, A-1, B, C and D Member of the Association is owned of record in the name of two (2) or more persons or entities, whether fiduciaries, joint tenants, tenants in common, tenants in partnership or in any other manner of joint or common ownership, or if two (2) or more persons or entities have the same fiduciary relationship respecting the same property, then unless the instrument or order appointing them or creating the tenancy otherwise directs and it or a copy thereof is filed with the Secretary of the Association, their acts with respect to voting shall have the following effect:
(1) If only one (1) votes, in person or by proxy, his act shall bind all;
(2) If more than one (1) vote, in person or by proxy, the act of the majority so voting shall bind all;
(3) If more than one (1) vote, in person or by proxy, but the vote is evenly split on any particular matter, each fraction shall be entitled to its proportionate share of the vote or votes;
(4) If the instrument or order filed with the Secretary of the Association shows that any such Tenancy is held in unequal interest, a majority or even split under subparagraphs (2) and (3) immediately above shall be a majority or even split in interest in the property to which the vote(s) is attributable;
(5) The principles of this paragraph shall apply, insofar as possible, to execution of proxies, waivers, consents or objections, and for the purpose of ascertaining the presence of a quorum.
The voting rights of any Owner may be assigned by said Owner to his lessee; provided, however, that the Owner may not assign to such lessee any vote or votes not attributable to the property actually leased by such lessee. The Type A, A-1, B, C, and D Members are sometimes hereinafter collectively referred to as the Members.
Section 3. Governance. The Association shall be governed by a Board of Directors consisting of three (3) , five (5) , seven (7) or nine (9) Members. The number and term of such Directors to be determined in accordance with he provisions of the By-Laws of the Association. Except as may be otherwise provided in the Articles of Incorporation, there shall be two (2) classes of Directors: Class I Directors shall be elected by the Type A, A-1, B, C, D Members, and Class II Directors shall be elected by the Type E Members.
Section 4. Election of The Board of Directors.
(a) Each Member of Type A, A-1, B, C, D Membership classes shall be entitled to as many votes as equals the total number of votes he is entitled to based on his Ownership of or of votes he is entitled to based on his Ownership of or Tenancy in one (1) or more of the various classifications of property as computed by the formula set out hereinabove in Section 2 hereof. Each Member may cast the total number of votes to which he in entitled for each vacancy to be filled by a Class I Director. Cumulative voting shall not be allowed. Members, except the Type E Membership, are divided into classes for the purpose of computing voting rights and shall not vote as a class.
(b) The Type A, A-1, B, C and D Members shall elect the Class I Director(s) , and the Type E Member shall elect the Class II Director(s) according to the following formula:
(1) The number of Class I Directors shall be determined by (A) dividing the number of Residential Lots and Family Dwelling Units owned by Type A Members by the cumulative maximum number of Residential Lots and Family Dwelling Units authorized by the Zoning Ordinances of the Town of Cary as of July 1, 1985 and (B) then multiplying the resulting quotient by the total number of Directors, and (C) rounding the result to the nearest whole number, e.g., 1.49=1, and 1.50=2.
(2) The number of Class II Directors shall be determined by subtracting the number of Class I Directors from the total number of Directors. The Class II Directors shall be elected by the Type E Member.
(3) For the purposes of this formula, the number of Residential Lots and Family Dwelling Units owned by Type A and Type A-1 Members and the cumulative maximum number of Residential Lots and Family Dwelling Units authorized in the Properties shall be determined by the Board of Directors as of the date on which notice of the meeting of the Members at which the Board of Directors is to be elected is mailed.
Section 5.Members to Have Power of Referendum in Certain Instances. Where specifically provided for herein, the Members, or some specific portion thereof, shall have the power to approve or reject certain actions proposed to be taken by the Association by Referendum. In the event fifty-one (51%) percent, or more, of the votes actually returned to the Association within the specified time shall be in favor of such action, the Referendum shall be deemed to pass and the action voted upon will be deemed to have been authorized by the Members; provided, however, that if a higher percentage vote required to pass shall be specifically expressed herein, that higher percentage shall control in that instance. The Board of Directors may not undertake any action requiring a Referendum without complying with the provisions hereof. At any time that the Type A, A-1, B, C, and D members have the ability to elect a majority of the Board of Directors, the Members may require a Referendum on any action of the Board of Directors by presenting to the Secretary of the Board within thirty (30) days of the taking of such action or ratification by the Board of its intent to take such action a petition signed by not less than twenty-five (25%) percent of the Members.
Section 6.Quorum Required for Any Action Authorized at Regular or Special Meetings of the Association. The quorum required for any action which is subject to a vote of the members at an open meeting of the Association (as distinguished from the Referendum) shall be as follows:
(a) The first time a meeting of the Members of the Association is called to vote on (i) an increase in the Maximum Regular Annual Assessment greater than that provided for by subparagraph (o) of Section 3 of Article V hereof, (ii) a Special Assessment as provided for by Section 4 of Article V hereof, (iii) the gift or sale of any parcel of land and improvements thereon designated as a Common Property or Restricted Common Property as provided for by subparagraph (f) of Section 4 of Article IV hereof, (iv) an Amendment to this Declaration as provided for by Section 2 of Article VIII hereof, or (v) the termination of this Declaration as provided by Section 1 of Article VIII hereof, the presence at the meeting of Members or proxies entitled to cast sixty (60%) percent of the total vote of the Membership required for such action shall constitute a quorum.
(b) The first time a meeting of the Members of the Association is called to vote on any action proposed to be taken by the Association, other than that described in subparagraph (a) above, the presence at the meeting of Members or proxies entitled to cast thirty (30%) percent of the total vote of the Membership shall constitute a quorum.
If the required quorum is not present at any meeting described in subparagraphs (a) or (b) above, with the exception of any meeting called to vote on the termination of this Declaration described in subparagraph (a(v)) above, another meeting or meetings may be called subject to the giving of proper notice and the required quorum at such subsequent meeting or meetings shall be one-half (1/2) of the required quorum at the preceding meeting.
Unless otherwise provided, any reference hereafter to votes cast at a duly called meeting shall be construed to be subject to the quorum requirements established by this Article III, Section 6, and any other requirements for such duly called meeting which may be established by the By-Laws of the Association. For the purpose of this section, proper notice shall be deemed to be given when given each Member not less than thirty (30) days prior to the date of the meeting at which any proposed action is to be considered.
Section 7. Proxies. All Members of the Association may vote and transact business at any meeting of the Association by proxy authorized in writing, provided, however, that Proxies shall not be required for any action which is subject to a Referendum, in which case the votes of all the Members polled shall be made by specifically provided ballots mailed or delivered to the Association.
Section 8. Ballots by Mail. When required by the Board of Directors, there shall be sent with notices of regular or special meetings of the Association, a statement of certain motions to be introduced for vote for the Members and a ballot on which each Member may vote for or against each such motion. Each ballot which is presented at such meeting shall be counted in calculating the quorum requirements set out in Section 6 of this Article III. Provided, however, such ballots shall not be counted in determining whether a quorum is present to vote upon motions not appearing on the ballot.
(continue to Article IV)
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