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HomeMy WebLinkAbout0815 audit shall be furnished each member of the Association not later than thirty (30) days after its receipt by the Board. 7. Parliamentary rules. Roberts' Rules of~Order (latest edition) shall govern the conduct of the Association meetings when Incorporation, or these By-Laws. ~ 8. Amendments. A resolution for the adoption of a proposed amendment of these By-Laws may be proposed by either the Board of Directors of the Association or by the members of the Association. Me~bers may propose such an amendment by instrument in writing directed to the President or Secretary of the Board signed by not less than ten (10%) percent of the membership. Amendments may be proposed by the Board of Directors by action of a majority of the ~ i 9Qard a~ any regularly consitituted meeting thereof. Upon an amend- ment being proposed as herein provided for, the President or, in the event of his refusal or failure to act, the Board of Directors, shall call a meeting of the membership to be held within sixty (60) days for the purpose of considering said amendment. Directors and members not present in person or by proxy at the meeting consider- ing the amendment may express their approval in writing, providing such approval is delivered to the Secre'tary at or prior to the meeting. Except as elsewhere provided, such approvals must be either by: (a) Not less than seventy-five (75%) percent of the entire membership of the Board of Directors and by not less than fifty-one (S1%) percent of the votes of the entire membership of the Association; or (b) Not less than seventy-five (7596) percent of the votes of the entire membership of the Association; or {c) In the alternative, an amendment may be made by an agreement signed and acknowledged by all apartment awners in the manner required for the execution of a deed, and such amenciment shall be effective when recorded in the public records of St. Lucie County, Florida. ; (d) Until the first election of Directors, and so long as the original Directors designated in the Certifi- ~ cate of Incorporation or successors to the said original ~ Directors appointed by *he Developer or elected by the remainder of the original Directors to fil? a vacancy ~ shall remain in office, proposal of an amendment and ap- ~ proval thereof shall require only the aff irmative actian ~ of all of the Directors. , ~ 8.1 Proviso. Provided, however, that no amendment shall discriminate against any condominium unit awner nor against any condominium unit or class or graup of units unless the condominium unit owners so affected shall consent. No amendment shall be ~ made that is in conflict with th~ Articles of Incorporation or ~ the Declaration of Condominium. ~ 8.2 Execution and recording. A copy of each amendment shall ~ be attached to a certificate certifying that the amendment was duly adopted as an amendment of the Declaration and By-Laws, which cer- 3, ~ tificate shall be executed by the officers of the Association with the formalities of a deed. The amendment shal? be effective when ~ such certificate and copy of the amendment are recorded in the Pub- lic Records of St. Lucie County, Florida. ~ ~ 9. Manaqement Aqreement. SimultaneouslK with the adoption of these ~ the Association, b and throu h its ori inal Board of Directors By-Laws, y g 9 and Officers, has entered into an agreement with RECAP MANAGEMENT CORP- ~ ORATION, a Florida corporation. Each apartment owner, his heirs, suc- cessors and assigns, shall be bound by said Management Agreement to the same extent and effect as if they had exc:cuted said Management Agree- ment for the purposes therein expressed. It is specifically recognized that some or all of the persons comprising dp~K187 ~ 815 -8 - LAW OFFICEt OF QOLDiTE1N, fRANKLIN. Ci10NIN R SCNkANK, r. A., 2020 NORTHEAtT 109~D iTREET. NORTK MIAMI SGCH.. FLORIDA ,~102 '