Below are the resolutions which were presented today at a Special Meeting of the Board. The second one was tabled, the other two passed.
CORPORATE RESOLUTION
BOARD OF DIRECTORS
HOMES OF REGENCY COVE, INC.
WHEREAS, the Master Occupancy Agreement for Regency Cove, a Cooperation, and the Articles of Incorporation and By-Laws (“Governing Documents”) of the Homes of Regency Cove, Inc. (“Association”) provide that the Board of Directors is responsible to maintain, repair and replace the Cooperative Property and conduct the business of the Association; and
WHEREAS, the Governing Documents and the Florida Corporate Law permit the Board of Directors of the Association to adopt policies and procedures, from time to time, regarding the operations of the Association; and
WHEREAS, the shareholders have a need to contact the Association, from time to time; and
WHEREAS, the Board of Directors is desirous of establishing a policy regarding communications from shareholders, to ensure that the communications are received and handled as appropriate under the Governing Documents and the Florida Law.
NOW, THEREFORE BE IT RESOLVED that the following policies and procedures were duly adopted by the Board of Directors at a meeting with the Association Attorney held on January 3, 2008; and ratified and confirmed at a duly-called Board of Directors meeting held on January 5, 2008 :
1. The Official Address of the Association is the Office at 4851 West Gandy Boulevard, Tampa, FL 33611.
2. Any questions, concerns, comments or communications (“communications”) from Shareholders to the Association must be in writing, signed by the Shareholder, and show the lot number or address of the home within Regency Cove.
3. No communications will be deemed to be received by the Association unless they are hand-delivered or mailed via U.S. Mail to the address set forth above.
4. Communications will be reviewed, processed and/or answered, as appropriate, or as required by applicable Law.
5. Communications via electronic mail to the Manager or to any Board members, and communications sent to the home addresses of any Board members, are not considered to be delivered to the Association, and will not be responded to by the Board or the Manager.
Adopted this 5th day of January, 2008.
Board of Directors
__________________________
(TABLED) CORPORATE RESOLUTION
BOARD OF DIRECTORS
HOMES OF REGENCY COVE, INC.
WHEREAS, the Master Occupancy Agreement for Regency Cove, a Cooperation, and the Articles of Incorporation and By-Laws (“Governing Documents”) of the Homes of Regency Cove, Inc. (“Association”) provide that the Board of Directors is responsible to maintain, repair and replace the Cooperative Property and conduct the business of the Association; and
WHEREAS, the Governing Documents and Chapter 719, Florida Statutes, Section 719.106, provide that the Board of Directors of the Association has the authority to adopt policies and procedures, from time to time, regarding the participation of Shareholders in Meetings of the Board of Directors and the membership; and
WHEREAS, the Board of Directors is desirous of establishing a policy regarding participation by Shareholders in meetings of the Board, to ensure that all interested parties have the chance to comment and be heard.
NOW, THEREFORE BE IT RESOLVED that the following policies and procedures were duly adopted by the Board of Directors at a meeting with the Association Attorney held on January 3, 2008; and ratified and confirmed at a duly-called Board of Directors meeting held on January 5, 2008 :
1. Each Shareholder is entitled to speak on any Agenda item, at a meeting of the Board of Directors.
2. Each Shareholder will be permitted to speak one time only, on each Agenda item which he/she wishes to address.
3. Each Shareholder is permitted to speak for a maximum of three (3) minutes on any agenda item.
These Rules shall be applicable for all Board Meetings, and may be enforced like any other rule or policy, as set forth in the Governing Documents of the Association.
Board of Directors
__________________________
CORPORATE RESOLUTION
BOARD OF DIRECTORS
HOMES OF REGENCY COVE, INC.
WHEREAS, Homes of Regency Cove, Inc. (the “Cooperative”) is the corporate entity responsible for operating and maintaining the Homes of Regency Cove Cooperative Community; and
WHEREAS, the Case Law in Florida permits the Board of Directors to republish its Governing Documents in order to cure failures by previous boards of directors to fully enforce provisions of those Documents in the past and to prevent the defense of selective enforcement from being raised if enforcement of those provisions is now attempted, and to remind the Shareholders and Residents of the senior housing requirements; and
WHEREAS, on January 5, 2008, at a duly-called meeting of the Board of Directors of the Cooperative Corporation, at which a quorum was present, the Board voted to republish all terms and conditions of the Master Occupancy Agreement, the Articles of Incorporation, By-Laws and Rules and Regulations of Homes of Regency Cove, Inc. (the “Governing Documents”) related to senior housing occupancy and compliance with the Fair Housing Laws.
NOW, THEREFORE, BE IT RESOLVED that, by this Resolution, the Board hereby readopts and confirms all provisions of the Governing Documents regarding senior housing occupancy of all homes in the Park. Permanent occupancy of each home in the Park requires that at least one person 55 years of age or older be in residence. No children under the age of 18 may reside in any home. In the absence of a permanent occupant who is 55 years of age or older, owners of a home may temporarily reside, for a maximum of 90 days, cumulatively, in any calendar year.
BE IT FURTHER RESOLVED that the Board of Directors will fully enforce all violations of the senior housing restrictions contained in the Governing Documents which occur and come to its attention subsequent to the publication of notice to the shareholder owners of the republication of the Documents. Enforcement will be against shareholder owners, as well as their tenants, families, and guests.
Respectfully Submitted
Dated: January 5, 2008
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