October 6 · Limited proxy
A proxy for NO October 6 Special Membership Meeting
Use a limited proxy to authorize someone to represent your home and vote NO on the proposed amendments at the October 6 meeting. Here’s why we recommend NO.
An independent homeowner initiative. Not an official Association website.
Here’s why
Today vs. Proposed
Today
Holding a meeting and changing the governing documents have two different requirements.
To hold the meeting: at least 30% of lots must be represented in person or by proxy.
To amend the documents: the current Declaration requires approval by a majority of owners; the current By-Laws require a majority of the entire membership—not just those represented at the meeting.
Why keep this? A smaller group can attend a meeting, but it cannot amend these documents without support from a majority of the community. The proposed changes would let a majority of the smaller group represented at a meeting approve amendments, subject to specific higher voting requirements.
30%of the lots
Proposed change
Lower the minimum participation to 20%.
With approximately 654 homes, only 131 homes would need to be represented for the meeting to have quorum.
A home can be represented by someone attending the meeting or through a proxy.
A majority of that smaller group could change the governing documents.
- 131homes represented
- 66YES votes
- 100%of homes bound by the decision
Changes approved by 66 homes could apply to all 654 homes.
66 homes could change the rules for all 654 homes.
Specific higher voting requirements and legal protections would still apply.
Why we recommend NO
These amendments would allow future changes to the community’s governing documents to pass with as few as 66 YES votes at a meeting with minimum participation.
Those documents set the rules for how the Association operates and how community decisions are made. Changing them can affect every homeowner.
Today, these amendments require support from a majority of owners or the entire membership, as specified in each document. We believe changing the rules for everyone should continue to require that broader support.
Vote NO to keep the current protections in place.
Preview only · Submissions are disabled. No proxy will be finalized or emailed.
This independent website is operated by SAPSLAB SERVICES LLC. It is not an official Aventura Isles Master Homeowners’ Association website and is not operated by the Association or its management company.
How does this work?
Quorum is the minimum participation needed for a membership meeting to conduct business. It counts lots represented in person or by proxy; it is not the number of YES votes.
A proxy authorizes another person to represent your home at that meeting. A limited proxy gives that person specific voting instructions.
For this example, 20% of 654 is 130.8, so at least 131 homes must be represented. A majority of 131 is 66. Those 66 homes are about 10.1% of 654.
The By-Laws’ general rule makes a majority decision at a meeting with quorum binding on all members and owners, except where the law or governing documents require otherwise. The example assumes 131 eligible homes are represented and voting; it does not apply to every type of decision.
The details, farther down
What would Exhibits A, B, and C change?
Exhibit A
Changing the community’s main governing document
The proposed Declaration amendment changes the approval standard from a majority of owners to a majority of lots represented at a meeting with quorum. Its wording retains an exception for provisions with specific higher voting thresholds.
Exact wording from the document
Strikethrough marks deleted text; underlining marks added text. The original document wording is preserved.
Section 11.1 of the Declaration is hereby amended as follows:
11.1 This DECLARATION may be amended upon the approval of not less than a majority of theOWNERSLOTS represented at a meeting at which a quorum has been attained, except that if any provision of this DECLARATION requires more thana majority vote of the OWNERSsuch voting threshold to approve any action, such provision may only be amended to require a lesser vote, and may not be deleted, without the same number of votes required to approve such action. In addition, so long as DECLARANT has the right to appoint a majority of the directors of the Association as provided in the ARTICLES, this DECLARATION may be amended from time to time, by DECLARANT without the consent of the ASSOCIATION or any OWNER, and no amendment may be made by the OWNERS without the written joinder of DECLARANT. Such right of DECLARANT to amend this DECLARATION shall specifically include, but shall not be limited to, (i) amendments adding any property which will be developed in a similar manner as the SUBJECT PROPERTY, or deleting any property from the SUBJECT PROPERTY which will be developed differently than the SUBJECT PROPERTY (provided that any such amendments shall require the joinder of the owners of such property or any portion thereof if the owners are different than DECLARANT and further provided that DECLARANT shall not have the obligation to add any property or delete any property from the SUBJECT PROPERTY), and (ii) amendments required by INSTITUTIONAL LENDER or governmental authority in order to comply with the requirements of same. In order to be effective, any amendment to this DECLARATION must first be recorded in the public records of the county in which the SUBJECT PROPERTY is located, and, in the case of an amendment made by the OWNERS, such amendment shall contain a certification by the President and Secretary of the ASSOCIATION that the amendment was duly adopted.
Exhibit B
Changing the Articles of Incorporation
The voting question concerns the Association’s Articles of Incorporation. The supplied packet does not include Exhibit B itself, so we cannot explain its exact changes yet. The complete exhibit is needed before any proxy can be finalized.
Exhibit C
Lower participation and a smaller approval group
The proposed By-Laws amendment sets the general quorum at 20% of the lots. It also changes By-Laws amendment approval from a majority of the entire membership to a majority of lots represented at a meeting with quorum.
Exact wording from the document
Strikethrough marks deleted text; underlining marks added text. The original document wording is preserved.
Section 3.2 of the By-Laws is hereby amended as follows:
3.2 Majority Vote and Quorum Requirements. The acts approved by a majority of the votes present in person or by proxy at a meeting at which a quorum is present shall be binding upon all members and OWNERS for all purposes, except where otherwise provided by law, in the DECLARATION, in the ARTICLES, or in these BY-LAWS. Unless otherwise provided, at any regular or special meeting, the presence in person or by proxy of persons entitled to cast the votes of30%twenty percent (20%) of the LOTS shall constitute a quorum.
Section 9.3.1 of the By-Laws is hereby amended as follows:
9.3.1A resolution for the adoption of the proposed amendment shall be adopted by not less than a majority of the votes of the entire membership of the ASSOCIATION.These BY-LAWS may be amended upon the approval of at least a majority of the LOTS represented at a meeting at which a quorum has been attained.