Angola by the Bay POA, Inc. Restrictive Covenants - Absentee Ballot

Transcription

1 Angola by the Bay POA, Inc. Restrictive Covenants - Absentee Ballot DIRECTIONS 1. Fill out Absentee Ballot on pages 2 through 6 completely. 2. Check off either [ ] Yes, I accept the proposed changes or [ ] No, I do not accept the proposed changes at the end of each ballot item. 3. There are Seven (7) ballot items. You need to vote after each one of them. 4. Sign and mail all pages of the Absentee Ballot back or return to the Association Office. That is six (6) pages in total. VOTING ALTERNATIVE Property Owner (s) Name: ABTB Address: Signature: Date: MAILTO: ANGOLA BY THE BAY POA, INC WOODLAND CIRCLE LEWES, DE OR RETURN TO OFFICE Page 1 of 6

2 BALLOT ITEMS Changes to the Restrictive Covenants Angola by the Bay Property Owners Association, Inc. NOTE: Words or phrases that are bold, underlined AND italicized indicate changes. Ballot 1 Article 1 BUILDING SITES Section (b) (b) (b) No lot shall be used except for residential purposes and the use or occupancy of any lot or improvement thereon for any trade, business or commercial purpose is hereby excluded and prohibited, except for (a) the conduct by the Angola by the Bay Homeowner s Association of business or operation of amenities, which amenities are limited to the use of the owners of lots in the subdivision or their guests and not available to the general public, (b) the purchase of any lot for speculation or construction of residential improvements thereon for re-sale, provided that the improvements so constructed may be occupied for residential purposes only. All such permitted business uses shall be registered by the owner with the Angola by the Bay Home Owner s Association and the name and nature of the business, the name of the persons conducting business and the business telephone numbers shall be provided to the Association and (c) the conduct of business activities from within a residence is exclusively by mail, phone or other electronic media. Such business activities shall not include the visitation or presence of customers or clients. for Article 1, Section (b) (3) (b) No lot shall be used except for residential purposes; use or occupancy of any lot or improvement for any trade, business or commercial purpose is excluded and prohibited, except for (1) the conduct of Association business or operation of amenities which are limited to the use of the owners of lots in the subdivision or their guests and not available to the general public, (2) the purchase of any lot for speculation or construction of residential improvements for re-sale, provided that the improvements so constructed may be occupied for residential purposes only and (3) the conduct of business activities from within a residence that is exclusively by mail, phone or other electronic media. Such business activities shall not include the visitation or presence of customers or clients. All such approved business uses must be registered by the owner with the Association and the name and nature of the business, the name of the persons conducting business and the business telephone numbers shall be provided to the Association. 1. The subsections in Article 1, Section (b) were noted as (a), (b) and (c) and are now (1), (2) and (3). 2. New wording is intended to simplify the reading of subsection (b) (3). Page 2 of 6

3 Ballot 2 Article 2 TYPE, SIZE AND CONSTRUCTION Section (a) (6) Septic tanks or other devices for the sanitary disposal of waste shall be installed in compliance with State and local regulations. Installation must be completed and approved prior to occupancy of the structure serviced by the septic tank or device. Deleted Section (a) (6) is deleted because septic systems are no longer in existence. Ballot 3 Article 7 ASSESSMENTS TO PROPERTY OWNERS ASSOCIATION Section (a), (b) and (h) Each lot depicted on original plat of record for Angola by the Bay is subject to this declaration and shall pay an annual assessment to Angola by the Bay Property Owners Association, Inc. (a) Annual assessments levied by the Association shall be used for the exclusive funding of the recreation, health, safety, and welfare of the property owners of the subdivision and; in particular, for the improvement, maintenance, and construction of roads, waterfront, tennis courts, swimming pool, and all common facilities. Exception to the above: Income derived from the Rental Marina shall be used according to the Rental Marina Contract. (b) The annual assessment is subject to adjustment and shall be levied at a stipulated rate per building site. The basis and amount of the assessment may be increased or decreased by a majority affirmative vote of the property owners voting either in person, by absentee ballot, or by proxy 15 days after written notice has been sent to the property owners, setting forth the purpose of such regular or special meeting. In order to be counted, absentee ballots must be received prior to the day of the meeting. At the time notice of said meeting is mailed to the property owners, information shall be included, showing a justification for any increase in the assessment and directly relating the said increase to the budgetary needs of the Association. (h) It shall be the responsibility of each dwelling owner to provide a certificate to the Property Owners Association every THREE YEARS stating that their septic tank has been pumped. If at the end of sixty (60) days after an elapsed time of three (3) years from the date of the preceding certificate a new certificate has not been received, then the Association shall proceed with a penalty based on the list of scheduled fines. Page 3 of 6

4 Each lot depicted on the original plat of record for Angola by the Bay is subject to this declaration and shall pay an annual assessment to Angola by the Bay Property Owner s Association, Inc. (a) Annual assessments levied by the Association shall be used for the exclusive funding of the recreation, health, safety, and welfare of the property owners of the subdivision and; in particular, for the improvement, maintenance, and construction of roads, waterfront, tennis courts, bocce courts, swimming pool, and all other common area facilities and amenities. (b) The annual assessment is subject to adjustment and shall be levied at a stipulated rate per building site. The basis and amount of the assessment may be increased or decreased by a majority affirmative vote of the property owners voting either in person, by absentee ballot, or by proxy 15 days after written notice has been sent to the property owners, setting forth the purpose of such semi-annual or special meeting. In order to be counted, absentee ballots must be received prior to the day of the meeting and may also be submitted electronically by or fax. At the time notice of said meeting is mailed to the property owners, information shall be included, showing a justification for any increase in the assessment and directly relating the said increase to the budgetary needs of the Association. (h) Deleted. 1. Section (a) wording added to identify the bocce courts as an amenity and that other common area facilities, such as the tennis courts and pool, are considered amenities. 2. Removed wording referring to the Rental Marina Contract; a new Article, 8, Rental Marina Assessments, has been added to accommodate the rental marina. 3. Section (h) is deleted because septic systems are no longer in use. Ballot 4 Article 8 RENTAL MARINA ASSESSMENT: NEW 8. Income derived from the rental marina shall be used in accordance with the Capital Rental Marina Fund, Angola by the Bay Bylaws, Article VIII, Section 2(f). The annual rental marina fund assessment per slip shall be the same as the annual assessment for each assessable lot unless a different amount is approved by a majority vote of the assessable lots in Angola by the Bay. Voting may be in person at a semi-annual meeting or special meeting, by absentee ballot, by proxy via mail or electronically by or fax. This new section documents that rental marina assessments are a function of the annual assessment. It also provides a procedure for changing the rental marina assessment amount. [ ] Yes, I accept the proposed changes [ ] No, I do not accept the proposed change Page 4 of 6

5 Ballot 5 Article 10 New number ANGOLA BY THE BAY COMMON AREAS Section (d) (d) Deed of Easements provides for the common areas to be used for drain fields for septic systems as per recording by the Recorder of Deeds in (d) Areas subject to previous Deeds of Easements which provided for certain common areas to be used by individual property owners for septic system drain fields, as per recordings with the Recorder of Deeds in 1985, which are no longer necessary after the installation of the Sussex County Sanitary Sewer System, are reverted to common areas subject to the provisions of this Section. To document that septic drain fields are once again considered common areas. Ballot 6 Article 11 New number ENFORCEMENT Sections (a) (b) (a) Violations of any of the foregoing Restrictive Covenants shall be subject to a schedule of fines set by the Board of Directors of Angola by the Bay Property Owners Association. (b) All fines assessed against a property owner or building site under this section shall be deemed an additional assessment and a continuing lien upon all the property owner s building sites in accordance with and subject to the provision of Section (6) (d) and Section 7 (e) and (f) of these Restrictive Covenants until such time as the violation has been remedied or abated, and the fine and all costs of suit and collection, including reasonable attorney s fees, and have been paid in full. (a) The Association shall have the right to enforce these Restrictive Covenants against any person or persons violating or attempting to violate any provisions of these Restrictive Covenants. The Association may seek to recover damages and to proceed against any property owner to enforce any provisions of these Covenants. The expense and cost in enforcement by the Association shall be chargeable to the property owner, including the costs of reasonable attorney s fees. In the event any legal action is taken by the Association, such fees, as approved by a court, shall constitute a lien on the property, collectible in the same manner as assessments. (b) Violations of any of the foregoing Restrictive Covenants shall be subject to a schedule of fines set by the Board of Directors of Angola by the Bay Property Owners Association. All fines assessed against a property owner or building site under this section shall be deemed an additional assessment and a continuing lien upon all the property owner s building sites in Page 5 of 6

6 accordance with and subject to the provision of Section 6 (d) and Section 7 (e) and (f) of these Restrictive Covenants until such time as the violation has been remedied or abated, and the fine and all costs of suit and collection, including reasonable attorney s fees, and have been paid in full. 1. Article 11 (a) provides the Board of Directors with the authority to enforce all nonassessment related violations of the Restrictive Covenants. 2. The present Article 10 (a) is now the first sentence of proposed Article 11 (b). Ballot 7 Article 12 New number AMENDMENTS AND INVALIDATION Section (c) (c) These covenants may be amended in whole or in part by the affirmative vote of the majority of the nine hundred and twenty-seven (927) assessable lots in Angola by the Bay. Voting may be in person, or by mail in ballot. Voting rights shall be as set forth in Section 6 (c). A Certification by the President or Vice President shall be recorded with the amendments. (c) These covenants may be amended in whole or in part by the affirmative vote of the majority of assessable lots in Angola by the Bay. Voting may be in person at a semi-annual meeting or special meeting, by absentee ballot, by proxy via mail or electronically by or fax. Voting rights shall be as set forth in Section 6 (c). A Certification by the President or Vice President shall be recorded with the amendments. 1. It is not necessary to indicate the exact number of assessable lots. 2. Additional forms of voting are now allowed. Page 6 of 6