Article 3
Meetings and Notice
(Amended 9-2017)
3.1 Annual Meetings. The annual meeting of the Members of the Association shall be fixed by the Board of Trustees beginning in the year following the year in which the Association is incorporated. The purpose of the annual meting is the election of officers and Trustees and to consider such other business that comes before the meeting. If the Trustees are not elected at the annual meeting, the existing Trustees shall continue to serve until their successors are named in a special meeting called for that purpose or until the next annual meeting. The Trustees may change the date, time, and place of the annual meeting as they see fit by formal resolution.
3.2 Special Meetings. Special meetings of the Members may be called by the Board of Trustees or by the President as they see fit or by the Members of the association. Any notice of special meeting shall state the time, place, date, and the matters to be considered at that meeting. When a special meeting is called by the Members of the Association, the notice shall be in writing, which can include email, and delivered to the President or Chairman of the Board of Trustees.
3.3 Place of Meeting. All meetings will be held at a designated location in Weber County, Utah, unless Members have authorized a meeting to be held elsewhere by written waiver.
3.4 Notice of Meeting. The Board of Trustees shall cause written or printed notice of the date, time, place and the purpose of all meetings of the Members to be sent to each of the Members not more than sixty (60) but not less than thirty (30) days prior to the meeting. Mailing notice can be by means of electronic mail. Mailed notice is deemed delivered when it is deposited in the United States Mail, postage pre-paid, addressed to the Member at the last known address. Each Member shall register his or her address and email address with the Association, and it shall be the obligation of the Member to provide notice of any change of address or email address to the Association. If no address is registered, the Association may mail that Member’s notice to the address shown on the last available property tax assessment rolls for Weber County, in the name of the Owner as it appears on the assessment rolls. It is the obligation of the Owners to notify the Association of changes in ownership of their Lot. Only one notice will be mailed to each Lot, so if there are multiple Owners, they must designate one of them to receive the notice of the meeting on their behalf. In the absence of such a designation, the Association will mail the notice to a local address, if there is one, to the available address it considers most likely to provide actual notice, or to the address shown on the tax assessment rolls for mailing of property tax notices.
3.5 Members of Record. Upon purchasing a Lot in Bailey Acres, each Owner shall promptly furnish the Association with a copy of the deed or other instrument under which he or she acquired title to the Lot. For purposes of determining a quorum, determining the persons entitled to vote, and all other matters before a meeting of the Members, the Association may designate a record date, not more than sixty (60) days nor less than thirty (30) days prior to the meeting date to determine the Members entitled to notice and to vote at the meeting. If no record date has been fixed, the record date is deemed to be the date on which notice of the meeting was mailed to the Members. The persons appearing as Members as of the record date are deemed entitled to notice and to vote at the meeting. Persons who become Members subsequent to the recorded date, or whose ownership is not registered with the Association until subsequent to the record of date shall not be entitled to notice, shall not be counted in comprising a quorum, and shall not be entitled to vote at the meeting. This shall not preclude a person who acquired his or her membership subsequent to the record date from voting the interest of his predecessor under a written proxy.
3.6 Quorum. At any meeting of the Members, the presence of Members, in person or by proxy, holding the right to cast more than fifty percent (50%) of the total votes of those present in the meeting shall constitute a quorum for the transaction of the business.
3.7 Proxies. At each meeting of the Members, each Member entitled to cast a vote shall be entitled to vote in person or by written proxy. All proxies much be in writing, signed by the Member as shown on the records of the Association. When a Membership is jointly held, the proxy must be signed by all of the joint Owners of the Membership. The Secretary will make an entry of proxies in the minutes of the meeting.
3.8 Simple Majority. Any matter placed before the Members for a vote shall pass if there is an affirmative vote of the majority of the Members present at the meeting. Election of Trustees will be by secret ballot. Other matters may be voted by secret ballot or by the show of hands or such other means as the officer conducting the meeting shall determine.