Avondale Square Condominium Association Annual Meeting Agenda
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1 Avondale Square Condominium Association Annual Meeting Agenda December 16, :00 p.m. Court/City Council Conference Room 101 Linden Street, First Floor 1) Welcome, Introductions, and Roll Call 2) Proof of Notice of Meeting (attachment) 3) November 16, 2015 Meeting Minutes (attachment) 4) Review of Avondale Square Condominium Association Bylaws and Policies (attachment) 5) Nomination and Election of Avondale Square Condominium Board of Directors (attachment) 6) Transitional Control Date (attachment) 7) New Business 8) Public Comment 9) Adjourn
2 MEETING NOTICE ANNUAL MEETING OF THE EAST LANSING AVONDALE SQUARE CONDOMINIUM ASSOCIATION The Annual Meeting of the Avondale Square Condominium Association is scheduled for Wednesday, December 16, 2015 at 6:00 p.m. at East Lansing City Hall/54-B District Court Building, 101 Linden Street. The meeting will be held in the Court/City Council Conference Room, located on the first floor. As more than 75% of total households within the Avondale Square Neighborhood have been sold, the City of East Lansing will now transition management of the current condominium association from City staff to residents. If you are interested in serving on the Avondale Square Condominium Association, please attend this meeting. A meeting agenda is enclosed with this notice. If you have any additional questions, please contact Amy Schlusler at the East Lansing Planning, Building, and Development Department at (517) or via at aschlus@cityofeastlansing.com. Supplemental meeting packet materials can be downloaded online beginning December 9, 2015 at: Posting Date: 12/4/15
3 Synopsis Avondale Square Condominium Association Management Meeting November 16, :30 p.m. Board Members Present: Tim Dempsey, Amy Schlusler 1. Management Transition of Avondale Square Condominium Association Schlusler began the meeting by sharing that 21 of 26 total lots have been sold with houses built. As such, per the existing Avondale Square Condominium Association Bylaws, a transition in management of the Condominium Association must shift from the Developer (City) to homeowners within the neighborhood. Schlusler stated that in a follow-up to a memorandum drafted to the City Attorney in June of 2015, and a conversation with the City Attorney earlier in the month, it had been determined that the current managers of the property (City) must take three formal steps to transition control of the association. The process that had been determined is as follows: 1) The City of East Lansing must post the date and time of an Annual Meeting, inviting all residents of the Condominium Association to attend. The official date of the meeting must be posted 10 days prior to the meeting date. Schlusler stated that she would place the Annual Meeting Posting online, as well as mail the meeting notice to association members. Schlusler stated that she would also post the Meeting Notice and Agenda on the Avondale Square Facebook Page exactly 10 days prior to the meeting. 2) During the Annual Meeting, the Transitional Control Date will be voted on. The Transitional Control Date will outline the exact date by which a Board of Directors takes office pursuant to an election. Dempsey and Schlusler stated that they would propose dates for transition during the Annual Meeting. 3) The Condominium Association will receive copies of the existing Bylaws. Although it is not legally required, Schlusler noted that she will also distribute copies of The Condominium Buyers Handbook, which outlines the policies and procedures of a Condominium Association within the State of Michigan. Dempsey and Schlusler then discussed the potential dates and times of the Annual Avondale Square Condominium Association Meeting. It was determined that the meeting would be scheduled for either December 10 or December 16, based upon the availability of residents. Schlusler indicated that she would post a Facebook message, requesting members forthcoming availability. The meeting adjourned at 2:50 p.m.
4 PLANNING, BUILDING & DEVELOPMENT Quality Services for a Quality Community MEMORANDUM TO: FROM: Avondale Square Condominium Association Amy Schlusler, Community Development Specialist II DATE: December 9, 2015 SUBJECT: Review of Avondale Square Association Bylaws City of East Lansing PLANNING, BUILDING AND DEVELOPMENT 410 Abbot Road East Lansing, MI (517) In preparation for a transition in management of the Avondale Square Condominium Association, enclosed please find a copy of the current Bylaws that were recorded as Exhibit A of the Master Deed for the Avondale Square Condominium Association. The Master Deed was recorded on January 23, 2008 with the Ingham County Register of Deeds. While the title of the Bylaws is Hawk Nest Condominium Association, upon review of this document by the City Attorney s office, it has been determined that these Bylaws are correct and legally binding as they were recorded as part of the Master Deed. Staff will provide a brief overview as to the Condominium Association Bylaws and processes during the December 16, 2015 meeting. If you have any additional questions, please do not hesitate to contact me at
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18 PLANNING, BUILDING & DEVELOPMENT Quality Services for a Quality Community MEMORANDUM TO: FROM: Avondale Square Condominium Association Amy Schlusler, Community Development Specialist II DATE: December 9, 2015 City of East Lansing PLANNING, BUILDING, AND DEVELOPMENT 410 Abbot Road East Lansing, MI (517) SUBJECT: Nomination and Election of Avondale Square Condominium Board of Directors Per the Avondale Square Condominium Association Bylaws, as more than 75% of total properties have been sold within the development, the association must hold an election in which five association members are nominated and elected to serve on the Avondale Square Condominium Association Board of Directors. While the bylaws state that the Developer (City) can appoint an individual to serve on the Board of Directors, City Staff will ultimately leave that decision to the majority opinion shared at the December 16 meeting. The responsibilities of the Board of Directors are listed below: (a) To manage and administer the affairs of and to maintain the Condominium Project and the Common Elements. (b) To levy and collect assessments from the members of the Association using the proceeds for the purposes of the Association. (c) To carry insurance and collect and allocate the proceeds. (d) To rebuild improvements after casualty. (e) To contract for and employ persons, firms, corporations or other agents to assist in the management, operation, maintenance and administration of the Condominium Project. (f) To acquire, maintain, improve, operate, manage, sell, convey, assign, mortgage or lease any real or personal property (including any Unit in the Condominium and easements, rights-of-way and licenses) on behalf of the Association for its purposes. (g) To borrow money and issue evidences of indebtedness in carrying out any purposes of the Association, and to secure the indebtedness by mortgage, pledge, or other lien on property owned by the Association; provided, however, that any such action shall also be approved by affirmative vote of 75% of all of the members of the Association in number and in value.
19 Memo to Avondale Square Condominium Association Page 2 December 9, 2015 (h) To enforce the Rules and Regulations of the Association, of any. (i) To establish such committees as it deems necessary, convenient or desirable, and to appoint persons thereto for the purpose of administration of the Condominium, and to delegate to such committees any functions or responsibilities which are not by law or the Condominium Documents required to be performed by the Board. (j) To enforce the provisions of the Condominium Documents. Nominations will be submitted in person or via proxy at the December 16, 2015 meeting. Once all nominations are received, the current managers (City Staff) will create an election ballot, and association members will vote during the meeting to determine who will serve on the Board of Directors. Persons that receive the two highest number of votes will serve for a term of two years. The remaining three individuals will serve a term of one year each.
20 PLANNING, BUILDING & DEVELOPMENT Quality Services for a Quality Community MEMORANDUM TO: FROM: Avondale Square Condominium Association Amy Schlusler, Community Development Specialist II DATE: December 9, 2015 SUBJECT: Transitional Control Date City of East Lansing PLANNING, BUILDING AND DEVELOPMENT 410 Abbot Road East Lansing, MI (517) As more than two-thirds of the total lots within the Avondale Square Neighborhood have been sold, the City of East Lansing will now transition management of the current condominium association from City staff to residents. Per the existing Avondale Square Condominium Association Bylaws, a Transitional Control Date must be determined by members within the Association. The Transitional Control Date is defined as the date on which a Board of Directors takes office pursuant to an election in which the votes may be cast by the owners unaffiliated with the Developer of the property exceeds the votes that may be cast by the Developer (City). The Transitional Control Date is scheduled to be determined during the December 16, 2015 meeting. All persons that own property within the Condominium Association will be provided the opportunity to propose a date, and then vote on the date in which the transition will occur. The majority vote will determine the Transitional Control Date. It should also be noted that Association Members do have the opportunity to propose the Transitional Control date as December 16, By doing so, all management responsibilities would immediately be assumed by the newly appointed Board of Directors. Please don t hesitate to contact City staff with any additional questions.
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