from the document that created Cloverdale Heights a Planned Community
reference only – the official recorded document shall prevail
dated: October 18, 1988, September 8, 1989, October 27, 1989 and October 15, 1999
The number of Votes required – reference table
Cloverdale was developed pursuant to the Uniform Common Interest Ownership Act 36B [UCIOA 36B the Act]
- also see:
General Proxy and
Online Voting
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS:
ARTICLE I Definitions
MAJORITY VOTE
Section 1.28 Trustee.
The entity which may be designated by the Executive Board as the Trustee for
the receipt, administration, and disbursement of funds derived from insured
losses, condemnation awards, special assessments for uninsured losses, and other
like sources as defined in the Bylaws. If no Trustee has been designated, the
Trustee will be the Executive Board from time to time constituted, acting by
majority vote, as executed by the president and attested by the secretary.
ARTICLE I Definitions
50% VOTE
Section 1.18 Majority or Majority of Unit Owners.
The owners of more than 50% of the votes in the Association.
ARTICLE IX Allocated Interests
1 VOTE
Section 9.2(b) Votes.
Each Unit in the Common Interest Community shall have one equal vote.
Any specified percentage, portion or fraction of Unit Owners, unless otherwise
stated in the documents, means the specified percentage, portion, or fraction
of all the votes as allocated according to the number of Units listed in the
most current Schedule A-2. As Units are added to the Common Interest Community,
each Unit shall continue to have one equal vote.
ARTICLE VIII Development Rights and Other Special Declarant Rights
2/3 VOTE
Section 8.10 (d)
Notwithstanding any provision of this Declaration or the Bylaws to the contrary,
following notice under § 3-108 of the Act [UCIOA 36B], the Unit Owners,
by a two-thirds vote of all persons present and entitled to vote at a meeting
of the Unit Owners at which a quorum is present, may remove a member of the
Executive Board with or without cause, other than a member appointed by the
Declarant.
ARTICLE XIV Amendments to Declaration
67% VOTE
Section 14.1 General.
Except in cases of amendments that may be executed by the Declarant in the exercise
of its Development Rights or by the Association under Article XII of this Declaration
and § 1-107 of the Act [UCIOA 36B], or by certain Unit Owners under Article
XII and Section 13.1 of this Declaration and § 2-117 of the Act, and except
as limited by Section 14.4 and Article XVII of this Declaration, this Declaration,
including the Plat and Plans, may be amended only by vote or agreement of Unit
Owners of Units to which at least sixty-seven percent (67%) of the votes in
the Association are allocated. This procedure for amendment must follow the
procedures of § 2-117 of the Act [UCIOA 36B].
ARTICLE XVI Mortgagee Protection
67% AND 51% VOTE
Section 16.4 Consent Required
Document Changes. Notwithstanding any lower requirement permitted by this Declaration or the Act, no amendment of any material provision of the Documents by the Association or Unit Owners described in this Subsection 16.4(a) may be effective without
the vote of at least sixty-seven percent (67%) of the Unit Owners (or any greater
Unit Owner vote required in this Declaration or the Act [UCIOA 36B] ) and until
approved in writing by at least fifty-one percent (51%) of the Eligible Mortgagees
(or any greater Eligible Mortgagee approval required by this Declaration).
ARTICLE XVI Mortgagee Protection
MAJORITY VOTE
Section 16.10 Appointment of Trustee.
In the event of damage or destruction under Article XXI or condemnation of all or a portion of the Common Interest Community, any Eligible Mortgagee may require
that such proceeds be payable to a Trustee established pursuant to Section 1.28
of this Declaration. Such Trustee may be required to be a corporate trustee
licensed by the State of West Virginia. Proceeds will thereafter be distributed
pursuant to Article XXI or pursuant to a condemnation award. Unless otherwise
required, the members of the Executive Board acting by majority vote through
the president may act as Trustee.
ARTICLE XVI Mortgagee Protection
67% and 51% VOTE
Section 16.4(a) Consent Required
Document Changes. Notwithstanding any lower requirement permitted by this Declaration or the Act, no amendment of any material provision of the Documents by the Association or Unit Owners described in this Subsection 16.4(a) may be effective without
the vote of at least sixty-seven percent (67%) of the Unit Owners (or any greater
Unit Owner vote required in this Declaration or the Act) and until approved
in writing by at least fifty-one percent (51%) of the Eligible Mortgagees (or
any greater Eligible Mortgagee approval required by this Declaration).
ARTICLE XVI Mortgagee Protection
67% VOTE
Section 16.4(b)(iv) Consent Required
The termination of the Common Interest Community for reasons other than substantial
destruction or condemnation, as to which a sixty-seven percent (67%) Eligible
Mortgagee approval is required;
ARTICLE XVII Assessment and Collection of Common Expenses
MAJORITY VOTE
Section 17.5
Budget Adoption and Ratification.
Within 30 days after adoption of a proposed budget for the Common Interest Community,
the Executive Board shall provide a summary of the budget to each Unit Owner,
and shall set a date for a meeting of the Unit Owners to consider ratification
of the budget not less than 14 nor more than 30 days after mailing of the summary.
Unless at that meeting a majority of all Unit Owners reject the budget, the
budget is ratified, whether or not a quorum is present. If the proposed budget
is rejected, the periodic budget last ratified by the Unit Owners continues
until the Unit Owners ratify a budget proposed by the Executive Board.
ARTICLE XVII Assessment and Collection of Common Expenses
RATIFICATION
Section 17.6
Ratification of Non-budgeted Common Expense Assessments.
If the Executive Board votes to levy a Common Expense assessment not included
in the current budget, other than one enumerated in Section 17.2 of this Declaration,
in an amount greater than fifteen (15%) percent of the current annual operating
budget, the Executive Board shall submit such Common Expense to the Unit Owners
for ratification in the same manner as a budget under Section 17.5.
ARTICLE XVIII Right to Assign Future Income
51% VOTE
The Association may assign its future income, including its right to receive
Common Expense assessments, only by the affirmative vote of Unit Owners of Units
to which at least fifty-one (51 %) percent of the votes in the Association are
allocated, at a meeting called for that purpose, and the Eligible Mortgagee[s]
consent [as] described in Article XVI.
ARTICLE XVIII Right to Assign Future Income
51% VOTE
The Association may assign its future income, including its right to receive
Common Expense assessments, only by the affirmative vote of Unit Owners of Units
to which at least fifty-one (51 %) percent of the votes in the Association are
allocated, at a meeting called for that purpose, and the Eligible Mortgagee[s]
consent [as] described in Article XVI.
ARTICLE XXI Damage To Or Destruction of Property
80% VOTE
Section 21.1(c) Duty to Restore.
Eighty percent (80%) of the Unit Owners, including each owner of a Unit or assigned
Limited Common Element that will not be rebuilt, vote not to rebuild.
ARTICLE XXI Damage To Or Destruction of Property
51% VOTE
Section 21.3 Plans.
The Property must be repaired and restored in accordance with either the original
plans and specifications or other plans and specifications which have been approved
by the Executive Board, a majority of Unit Owners and fifty-one percent (51%)
of Eligible Mortgagees.
ARTICLE XXIII Executive Board
RATIFICATION
Section 23.2(t)
By resolution, establish committees of Directors, permanent and standing, to
perform any of the above functions under specifically delegated administrative
standards, as designated in the resolution establishing the committee. All committees
must maintain and publish notice of their actions to Unit Owners and the Executive
Board. However, actions taken by a committee may be appealed to the Executive
Board by any Unit Owner within forty-five (45) days of publication of such notice,
and such committee action must be ratified, modified or rejected by the Executive
Board at its next regular meeting.
ARTICLE XXIV Open Meetings
ACTION
Section 24.1 Access.
All meetings of the Executive Board, at which action is to be taken by vote
will be open to the Unit Owners, except as hereafter provided.
ARTICLE XXIV Open Meetings
NO ACTION
Section 24.3 Executive Sessions.
Meetings of the Executive Board may be held in executive session, without giving
notice and without the requirement that they be open to Unit Owners, in either
of the following situations only:
(a) No action is taken at the executive session requiring the affirmative vote
of Directors; or
(b) The action taken at the executive session involves personnel, pending litigation,
contract negotiations, enforcement actions, or matters involving the invasion
of privacy of individual unit owners, or matters which are to remain confidential
by request of the affected parties and agreement of the Board.
# # #
and from the WV CODE UCIOA §36B-3-110. Voting;
0 VOTE
(d) No votes allocated to a unit owned by the association may be cast.
NOTE: this last citation from 36B UCIOA is included due to exclusion or lack of locating it within Cloverdale’s governing documents.
Source – DECLARATION OF COVENANTS, CONDITIONS and RESTRICTIONS
– O R I G I N A L 1988-DCCR scanned 6.4MB 47 pages 8.5 x 14
