Meeting Street at Grand Oaks- Ballot for Proposed Amendments


BALLOT FOR PROPOSED AMENDMENTS

 

Article III, Section 5 shall be created and added to Article III with the following:
Section 5. Electronic Ballots. Members who are not present at the meeting of the members shall be entitled to cast their vote by electronic ballot.

  • Proper notice to members of vote shall be provided and will include pertinent rules and official registration site for electronic voting along with specific user ID and password.
  • An independent party will be used to tally both paper and electronic ballots.
  • Electronic voting will be subject to the same time frames and conditions as are paper ballots. Official voting rules shall be included on each ballot and/or contained in materials provided with each ballot.
  • Staff shall take steps to assure that the voting method is reliable, that accurate contemporaneous records are maintained, that reasonable safeguards are in place to preserve the integrity of the vote, and that the rights of the Members, Association and Company established by the covenants will be preserved, and not impaired or lessened by the voting method.
  • Electronic voting may be streamlined, for example, members may be limited in the number of choices in assigning proxy votes (because most systems will not allow unlimited assignments). However, members may still opt to use the paper mail ballot if they prefer a wider proxy assignment selection. E-voting will be used as an option, not the sole measure of voting.
  • While maintaining the integrity of voting, as technology emerges, actual process may change to accommodate improved methods.

Article V, Section 2 shall be deleted and replaced with the following:
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents of the Property and in particular for the improvement and maintenance of the Common Areas including the maintenance, repair, and reconstruction of private streets, driveways, walks, street lights, parking areas, fencing and any entrance monuments, the cutting and removal of weeds and grass (excluding in the fenced areas on each Lot, which shall be the responsibility of the Lot Owner), and the removal of trash and rubbish, as herein provided, all for the use and enjoyment of the Common Area, including but not limited to, the cost of repairs, replacements, and additions, the cost of labor, equipment, materials, management and supervision; the payment of taxes and public assessments for the procurement and maintenance of insurance in accordance with this Declaration; the employment of attorneys to represent the Association when necessary; the provision of adequate reserves for the replacement of capital improvements and any such other needs as may arise. In addition, the assessments may be used for basic television and internet service provided to the homeowners through an Infrastructure Facilities Provider (IFP).

The Owner shall be responsible for any and all exterior maintenance of the residences situated upon their Property, including, but not limited to, roofs, paving, exterior painting, and any other major expenses for which the Association is not responsible.

Article V, Section 4 (C) shall be deleted and replaced with the following
Section 4.
(C) Assessments may be increased without limitation, if such increase is approved by the Members entitled to no less than twenty (20%) per cent of the votes represented in person or by proxy at a meeting duly called for this purpose.

Article V, Section 5 shall be deleted and replaced with the following:
Section 5. Special Assessments  In addition to the annual assessments authorized above, the Association may levy, in any calendar year, a special assessment or assessments (“Special Assessments”) for the purpose of defraying, in whole or in part, any costs incurred by the Association which are not paid for out of funds on hand in the Association or out of the annual assessments collected by the Association.  Such costs may include, but shall not be limited to, the cost of construction, reconstruction, repair or replacement of a capital improvement upon the Common Area or in connection with the exterior maintenance of improvements constructed on the Lots, including fixtures and personal property related thereto. Special Assessments must be approved by the Members entitled to no less than twenty (20%) per cent of the votes represented in person or by proxy at a meeting duly called for the purpose of voting on any Special Assessments or at any duly called meeting where notice is given of the proposed Special Assessment or Assessments.

Article V, Section 6 shall be deleted and replaced with the following:
Section 6. Notice and Quorum for any Action Authorized Under Section 4 and 5. Written notice of any meeting called for the purpose of taking any action authorized under Section 4 or 5 shall be sent to all Members no less than ten (10) days nor more than sixty (60) days in advance of the meeting. The presence at the meeting of members entitle to cast, or of proxies entitled to cast, ten percent (10%) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these Bylaws. If however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented.

Article VI, Section 1 shall be deleted and replaced with the following:
Section 1. Association’s Responsibility. The Association shall maintain and keep in good repair the Common Area and all improvements located thereon. This maintenance shall include without limitation maintenance, repair and replacement of all landscaping and grass areas, annual flower and plant replacements in the Common Areas, streets, retaining walls, driveways, sidewalks, street lights and other improvements situated on the Common Area. The Association shall maintain and keep in good repair all grass areas within the boundaries of Lots and at the discretion of the Board of Directors, the Association shall keep in good repair all landscaping installed by Declarant and/or Association within the boundaries of the Lots. The Association shall maintain and keep in good repair all paved, gravel or concrete walkways, driveways and parking areas originally installed on Lots in connection with the construction of residence buildings and shall maintain and keep in good repair the water, sewer, gas and electricity lines, including those located partially or wholly within the boundaries of a Lot. The Association shall maintain and keep in good repair all water and sewer pipes or facilities, which serve more than one (I), Lot, whether located within or without the boundary of a Lot. Owners shall not perform any maintenance or replacement work on any landscaping or grass areas on the front portion of their Lot, except that an Owner may plant seasonal plantings (i.e., "annuals") in the areas provided. Lot Owners shall be solely responsible for maintaining plantings within the flower boxes and urns placed in front of their Lot. All plantings shall be subject to review by the Association. The Association shall be responsible for annual flower and plant replacements only in the Common Areas.

In the event that the need for replacement, maintenance or repair is caused through the willful or negligent act of the Owner, the Owner's family, guests, or invitees, the cost of such replacement, maintenance or repairs shall be the obligation of that Owner and shall be added to and become a part of the assessment to which such Lot is subject. The Association is hereby granted a right of access to each Lot for performance of repairs or maintenance, whether the work is to be accomplished to fulfill the Association's responsibility therefor or to perform work, which is the unfulfilled obligation of the Lot Owner.

Article VI, Section 2 shall be deleted and replaced with the following:
Section 2. Owner’s Responsibility. Except as provided in Section 1 above, all replacement, maintenance and repair of the improvements on the Lot shall be the responsibility of the Owner thereof, including all replacement and repair necessitated by a fire or other casualty against which the Owner is required to maintain insurance under the provisions of Article IX hereof. Each Owner shall maintain, repair and replace, at his or her expense, all exterior light fixtures attached to the Owner's dwelling and all interior portions of the improvements which shall need repair, including bathroom and kitchens fixtures, light fixtures or other electrical or plumbing equipment, pipes and fittings serving the Lot. Further, each Owner shall repair, maintain and replace, at his or her expense, the heating and air-conditioning systems servicing said Owner's dwelling, whether located on the Owners Lot or in the Common Area adjacent to the Lot. Each Owner shall be responsible for interior pest control. In addition, each Owner shall maintain, repair, replace or remove any exterior improvement, including landscaping and drainage, installed by the Owner, after such approval has been approved in writing by the Architectural Control Committee or Board of Directors. The Association retains the right to inspect any drainage systems installed by an Owner and the right to clean out any drainage system if required to maintain the integrity of the drainage system serving the Property inasmuch as any such system installed by an Owner is tied into the drainage system serving the Property. Any charges for said clean-up shall be assessed to the Owner.

The Owner shall provide exterior maintenance upon Lot improvements as follows: (i) paint, stain, repair, replace, caulk and care for all exterior building surfaces ; and (ii) maintain and repair all fences and any other such exterior improvement, including additional landscaping and fencing made by the Owner, after such approval has been approved in writing by the Architectural Control Committee or Board of Directors.

In the event that the Board of Directors of the Association determines (a) that an Owner has failed or refused to discharge properly the Owner's obligations with regard to the maintenance, repair or replacement of items for which the Owner is responsible hereunder; or (b) that the need for maintenance, repair or replacement, which is the responsibility of the Association hereunder, is caused through the willful or negligent act of an Owner, his or her family, guests, lessees or invitees, the Association may perform the repair, replacement or maintenance at the Owner's cost and expense with credit, however, for the proceeds from any insurance payments; provided that except in emergency situations, the Association shall give the Owner written notice of the necessity of the maintenance, repairs or replacement deemed necessary. The Owner shall have ten (10) days within which to complete such maintenance, repair or replacement or if the maintenance, repair or replacement cannot be completed within a ten (10) day period, Owner must commence such work within the ten (10) day period and complete the work within a reasonable time. If the Owner does not comply with the provisions hereof, the Association may provide the work and the cost thereof shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the Lot.

Article X, Section 3 shall be deleted and replaced with the following:
Section 3. Leasing and Short-term Rentals. “Leasing” (including without limitation, "renting") shall mean the regular occupancy of a Lot by any person other than the Owner for which Owner  receives any direct or indirect consideration, monetary, economic or other benefit, including, but not limited to, a fee, service, gratuity or emolument; provided, however, the occupancy of a Lot by a roommate of an Owner then occupying a Lot shall not constitute leasing. The leasing of a Lot shall not be considered a business or trade within the meaning of the Governing Documents, except that short-term accommodations, short-term rentals, vacation rentals, transient lodging and the like use (collectively hereinafter, “Short-term Rentals”) shall be considered a business or trade, shall not be considered a “leasing”, and shall at all times be prohibited. Leasing, and the use thereunder, shall be governed by the Declaration, Bylaws and any promulgated rules, regulations, guidelines, standards and/or policies, as each may be amended, (collectively, “Governing Documents”). 

All leasing must be for an initial period of not less than six (6) months and for a shorter initial period shall constitute a Short-term Rental (but this provision shall not affect use, without charge or renumeration, of a Lot by the close family or friends of an Owner for periods of less than six (6) months). All leases shall be in writing, and an Owner shall have the full right to lease all or any portion of the Lot. Within ten (10) days of lease execution or possession of the Lot, the Owner shall provide the Board with a copy, and such information for all tenants, residents and occupants (individually and collectively hereinafter, “Tenant”) as reasonably requested by Board. All Owners are required to provide a copy of any leases and all Tenant contact information.

The Owner shall be responsible for and must make available to the Permitted Persons (defined below) Governing Documents at or before lease execution and possession. The lease shall reference and incorporate the Governing Documents therein, and if such language is not expressly contained in the lease, then such lease shall nonetheless be deemed to contain them whether or not so expressly stated therein, and each Permitted Person, by use, residence or occupancy of a Lot, covenants and agrees to the same. All family members, Tenants, visitors, guests and/or licensees of an Owner and/or any family members, Tenants, visitors, guests and/or licensees of any Tenant or the Lot (individually and collectively hereinafter, “Permitted Person”) shall be specifically subject to the Governing Documents as fully as if they were an Owner, and any failure of any Permitted Person comply therewith shall constitute a violation of the Governing Documents and a default under the lease.

Further, an Owner shall require that all Permitted Persons comply with the Governing Documents, and shall be responsible for all violations by any Permitted Person and to pay any claim for loss, injury or damage caused by any act or omission of a Permitted Person. No language in the lease can or shall eliminate or reduce such Owner responsibility thereof. In the event that a Permitted Person violates the Governing Documents for which a fine, sanction, cost, expense, charge or assessment is or may be imposed, the same shall be imposed and assessed against such Owner and the Lot. If the foregoing is not remedied and/or paid in accordance with the Governing Documents, the Association may proceed with enforcement and remedies under the Governing Documents and the law, and all sums (including without limitation, fines and costs (including attorneys', paralegal and legal fees and expenses)) shall constitute a lien against the Lot and part of the assessment, and the personal obligation of the Owner, whether or not suit is filed, and shall be collectible in the same manner as assessments. Nothing in this section shall prejudice an Owner’s right to recover from a Permitted Person any sums paid by Owner or proceed against a Permitted Person for any claim as the result of the act or omission of any Permitted Person.

Article XIII, Section 3 shall be deleted and replaced with the following:
Section 3 Amendment and Termination  The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date the Declaration is recorded and shall be automatically extended for successive ten (10) year periods unless otherwise terminated by a written termination agreement signed by seventy-five (75%) percent of the Members with said termination agreement being effective upon recording in the Office of the Register of Deeds for Charleston County.  This Declaration may be amended by an instrument voted upon and agreed to by sixty-seven (67%) per cent of the votes eligible to be cast at the time of the amendment with the amendment to be executed by the Association.

Date: April 3, 2025
Owner/Voter Name:  
Address:  

PLEASE COMPLETE THIS FORM BEFORE 12:00PM ON DECEMBER 2, 2024 

Leave this empty:

Signature arrow sign here


Signature Certificate
Document name: Meeting Street at Grand Oaks- Ballot for Proposed Amendments
lock iconUnique Document ID: f498e2ef197e98a03830fd62826a1a29ec7d8fe1
Timestamp Audit
November 11, 2024 3:14 pm EDTMeeting Street at Grand Oaks- Ballot for Proposed Amendments Uploaded by Community Support Services East - [email protected] IP 64.138.203.233
November 11, 2024 3:31 pm EDTCSS East - [email protected] added by Community Support Services East - [email protected] as a CC'd Recipient Ip: 64.138.203.233
November 11, 2024 4:00 pm EDTCSS East - [email protected] added by Community Support Services East - [email protected] as a CC'd Recipient Ip: 64.138.203.233
November 11, 2024 4:19 pm EDTCSS East - [email protected] added by Community Support Services East - [email protected] as a CC'd Recipient Ip: 64.138.203.233
November 11, 2024 4:24 pm EDT Document owner [email protected] has handed over this document to [email protected] 2024-11-11 16:24:17 - 64.138.203.233
November 11, 2024 4:24 pm EDTCSS East - [email protected] added by Haley Overton - [email protected] as a CC'd Recipient Ip: 64.138.203.233
Audit trial Qr code
This audit trail report provides a detailed record of the online activity and events recorded for this document.
https://fsresidentialeast.com/
Audit Trail Serial# cceca280a4b5bb970b348931e71b3c32