This document provides updated by-laws for the Country Club Estates Association of South Burlington, VT. Key points include: - Defines terms like "property", "homeowner", "member", and outlines voting procedures. - Requires an annual meeting in May to elect board members and adopt a budget. Allows for special meetings. - Specifies a 3 to 7 member board of directors elected annually to staggered terms. - Grants the board powers to administer association affairs, prepare budgets, and collect assessments/dues. - Sets rules for notices, quorums, voting procedures for board and membership meetings.

1. FINAL DRAFT 12/20/12
COUNTRY CLUB ESTATES ASSOCIATION
OF SOUTH BURLINGTON, VT, INC.
BY-LAWS
Introduction: The declaration or the Country Club Estates Association (CCEA) consists of the
Articles of Association, Deeds for the common land, Covenants, and By-Laws. The CCEA By-
Laws were adopted in 1969. Changes to the Vermont Common Interest Ownership Act which
became effective on January 1, 2012 make it necessary to update this document. These By-Laws
are amended effective - - - . Changes to our original document are underlined and where
appropriate reference the CCEA Articles of Association and the Vermont Common Interest
Ownership Act, (Title 27A VSA)
Definitions:
1. Property: Real Estate described in a deed and located in the area known as Country Club
Estates in South Burlington, VT 05403
a. Each property is allowed one (1) vote for the conduct of business of the Country
Club Estates Association
b. Each property will be assessed and equal share of the funds approved by the
members of the Association for the conduct of its business.
2. Home: For the purpose of these By-Laws the terms home and property are synonymous
3. Homeowner: an individual whose name appears on the deed to a property located in the
area known as Country Club Estates in South Burlington, Vermont.
4. Member: Homeowner of property in the area known as Country Club Estates South
Burlington, Vermont.
5. "Common elements" in a planned community: any real estate within a planned community
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2. owned or leased by the association, other than individually owned property.
6."Assessment"/Dues: money due the association by each homeowner pursuant to the budget
adopted by the Country Club Estates Association.
7. Special Assessment: money due the association by each homeowner pursuant to a vote of the
membership to meet a specific need.
7. 27A VSA: Title 27A: Vermont Common Interest Ownership Act CCEA: Country Club
Estates Association
8. Budget Year: 1 July — 30 June
ARTICLE. I - MEETINGS OF THE MEMBERSHIP
A. Membership:
(1)..Eaeh homeowner shall be a member of the Association whether such ownership is
joint, in common, or in the entirety.
12). Voting eligibility is established by each homeowner providing the secretary
their contact information and a statement that they own a property at a specific address
within Country Club Estates. The South Burlington Grand List will be the document used
to confirm ownership.
(3). Each homeowner's property shall have one vote on all matters requiring a vote of the
members of the association. (27A VSA, 3-110 [2]).
(4). Members are required to pay annual dues. Dues are included in the budget, voted
on at the annual meeting, and are due on July 1 St of each year. Members failings° pay their
dues may lose privileges afforded to other members, will not be eligible to receive a Resale
Certificate, and in extreme cases may be subject to having a lien placed on their property
(27A VSA, 3-116). The Association may not suspend a member's right to vote or prevent the
member from seeking election as an officer of the association. (27A VSA, 3-102 (18).
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3. B. Meetings of the membership:
1. Annual Meeting: The annual meeting shall be conducted by the president of
the association or, in the absence of such officer, by any other officer of the
association or by a temporary chairman of the meeting elected by the members then
present.The purpose of the annual meeting shall be the election of the Board of
Directors of the association, and the adoption of a budget, together with such other
matters as may be placed on the agenda by the Board of Directors of the association or
by the members of the association then present. The annual meeting of the association
shall be held during the month May each year. The budget adopted at the Annual
Meeting shall be for the period beginning July 1st and ending on June 30th .
2. Special meeting: The president may call a special meeting of the association if the
president so desires, and shall call a special meeting of the association if directed to do so
by a resolution of the Board of Directors of the association or by a petition signed by not
less than t went y (20%) percent of the members of the association. Any such special
meeting shall be conducted within thirty (30) days of any Board resolution or the delivery
of any petition requiring such meeting. If the association does not notify the members of a
special meeting within 30 days after the requisite number or percentage of the members
request the secretary to do so, the requesting members may directly notify all the members
of the meeting. Only matters described in the meeting notice may be considered at a special
meeting. 27A VSA, 3-108(a) (2)
3. Requirements applicable to member meetings:
(a) The association shall notify the members of the time, date, and place of each annual
or special meeting of the members not less than 10 days or more than 60 days before the
meeting date. Notice may be by any means authorized in 27A VSA - 3-121 as described in
subparagraph (7) The notice of any meeting shall state the time, date, and place of the
meeting and the items on the agenda, including:
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4. (1) A statement of thezeneral nature of any proposed amendment to
the declaration or bylaws;
(2) Any budget changes; and
(3) Any proposal to remove an officer or member of the executive board.
(4) The minimum time to give notice may be reduced or waived for a
meeting called to deal with an emergency.
(5) Agenda items for the annual meeting must be submitted ten (10) days
prior to the meeting. Requests by members for a special meeting must include specific
agenda items.
(6) Members must be given a reasonable opportunity at any meeting to
comment regarding any matter affecting the common interest community or the association.
(7) The clerk of the association shall mail or cause to be mailed or delivered
to each member of the association a notice of the place, date, hour, and purpose or
purposes of each annual or special meeting of the association and shall deliver any notice
required to be given by the association under this title to any mailing or electronic mail
address a member designates. Otherwise, the association may deliver notices by: (27A
VSA, 3-121)
(a) hand delivery to each homeowner;
(b) hand delivery, United States mail postage paid, or commercially reasonable
delivery service to the mailing address of each home;
(c) electronic means, if the homeowner has given the association an electronic
address; or
(d) any other method reasonably calculated to provide notice to the
homeowner.
(e) The notice shall be mailed or delivered at least ten days before the
scheduled date of the meeting and shall be deemed to have been received on the date
mailed. Notice may be sent electronically to members who have authorized the Board
to utilize this means of communication. telephonic, video, or email, or other
conferencing process, if the meeting notice states the conferencing process to be used
and provides information explaining how members may participate in the conference
directly or by meeting at a central location or conference connection; and the process
provides all members the opportunity to hear or perceive the discussion and to
comment. (27A VSA, 3-108)
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5. (f) The ineffectiveness of a good faith effort to deliver notice by an authorized
means does not invalidate action taken at or without a meeting. (Added 2009, No. 155
(Adj. Sess.), § 39, eff. Jan. 1, 2012.)
C. Place of Meetings. Meetings of the association shall be held at such place within the City of
South Burlington or the City of Burlington as shall be convenient to the members of the
association and shall be designated by the president of the Board of Directors.
D. Quorum. Except as otherwise provided in these By-Laws, the presence in person, by
absentee ballot, or by proxy, of association members equaling twenty (20%) percent or
more of the votes of the association shall constitute a quorum for all meetings of the
association.(27A VSA. 3-106(7),If any meeting of the association cannot be held because
a quorum has not attended, the members having a majority of the votes present at such
meeting in person, by absentee ballot, or by proxy. 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.
E. Voting:
I. At any duly convened meeting at which a quorum is present more than fifty (50%)
percent of the votes held by the members of the association present at the meeting in
person, by absentee ballot, or by proxy, shall be required to adopt any resolution or
decision. The vote of a majority of the voting power present shall decide any question
brought before such meeting and such vote shall be binding upon all members, unless the
question is one that upon express provision of the Statute, the Articles of Association s or
these By-laws, a different Vote is required. In such case, express provisions shall govern
and control. (27A VSA, 3-1 I (b) p)).
2. At a meeting of the members, the following requirements apply: (27A VSA, 3-110(b)
(a) Members who are present in person may vote by voice vote, show of hands.,
standing, or any other method for determining the votes of members, as designated by the
person presiding at the meeting.
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6. (b) If only one of multiple homeowners is present, that owner is entitled to cast the
vote allocated to that home unless the owners who are absent indicate their objection in
writing prior to the meeting.
(c) Subject to subsection (a) of this section, a member may vote by absentee ballot
without being present at the meeting. The association promptly shall deliver an absentee
ballot to an owner that requests it if the request is made at least three days before the
scheduled meeting. Votes cast by absentee ballot must be included in the tally of a vote taken
at that meeting.
(d) When a member votes by absentee ballot, the association must be able to verify that
the ballot is cast by the homeowner having the right to do so.
(e) Except as otherwise provided in the declaration or bylaws, the following
requirements apply with respect to proxy voting:
(1) A members vote may be cast by a duly executed proxy signed by
the member.
(2) A member may revoke a proxy given pursuant to this section only by
actual notice of revocation to the person presiding over a meeting of the association.
(4) A proxy is void if it is not dated or purports to be revocable without notice.
(5) A proxy is valid only for the meeting at which it is cast and any
recessed session of that meeting.
(6) A person may not cast proxies representing more than five percent (5%) of
the votes in the association.
3. Unless prohibited or limited by the declaration or bylaws, an association may conduct a
vote without a meeting. In that event, the following requirements apply: (27A VSA 3-110
)
d
(
(a) The association shall notify the members that the vote will be taken by ballot.
(b) The association shall deliver a paper or electronic ballot to every member entitled
to vote on the matter.
(c) The ballot must set forth each proposed action and provide an opportunity to vote
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7. for or against the action.
(d) When the association delivers the ballots, it shall also:
(1) Indicate the number of responses needed to meet the quorum requirements.,
(2) State the percent of votes necessary to approve each matter other than
election of directors;
(3) specify the time and date by which a ballot must be delivered to the
association to be counted, which time and date may not be fewer than three days after the
date the association delivers the ballot; and
(4) Describe the time, date, and manner by which a member wishing to deliver
information to all members regarding the subject of the vote may do so.
(e) Except as otherwise provided in the declaration or bylaws, a ballot can not be
revoked after delivery to the association by death or disability or attempted revocation by the
person that cast that vote.
(f) Approval by ballot pursuant to this subsection is valid only if the number of votes
cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing
the action.
ARTICLE II - BOARD OF DIRECTORS, SELECTION, TERM OF OFFICE
A. Number, Term: The Board of Directors shall be composed of a minimum of three
(3) members and not more than seven (7) members at elected large. Each member of the
Board of Directors must he a membet% or the designated agent of a member that is a
association or other legal entity. in 1986, two directors shall be elected to two year terms
and two directors shall be elected to one year terms. Thereafter, two directors shall be
elected to two year terms in each year.
B. Election: Election to the Board of Directors shall be by a plurality of the ballots cast.
Election shall be from any slate of nominations drawn by a nominating committee and/or by
nominations from the floor.
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8. C. Vacancy: A vacancy on the Board of Directors shall be filled by a majority vote of the
remaining directors.
D. Successors: All directors elected shall hold office until their respective successors shall
have been elected by the association.
E. Officers: The Board shall elect the officers for the association which shall be a President, Vice
President, Clerk (Secretary), and Treasurer. Assistant secretaries and treasurers may be appointed
as the directors deem necessary and appropriate.
F.Assistants. Assistant secretaries and/or treasurers need not be members of the association.
G.Board Meetings. The Board shall meet at the call of the President or Vice President, if the
president is absent, or by request of two of the 3 Board members, or by the written request of
twenty (20%) percent of the members of the association.
H. Notice of Board Meetings. At least twenty-four (24) hours notice of a meeting of the Board of
Directors shall be given, provided, that notice of any directors' meeting shall be waived if all
directors are present.
(1) Meetings shall be open to the homeowners except during executive sessions. The
executive board and those committees may hold an executive session only during a regular or
special meeting of the board or a committee. No final vote or action may be taken during an
executive session. An executive session may be held only to: (27A VSA, 3-108(b)(1)
(a) consult with the association's attorney concerning legal matters;
(b) discuss existing or potential litigation or mediation, arbitration, or administrative
proceedings;
(c) discuss labor or personnel matters;
(d) discuss contracts, leases, and other commercial transactions to purchase or
provide goods or services currently being negotiated, including the review of bids or
proposals, if premature general knowledge of those matters would place the association at
a disadvantage; or
(e) prevent public knowledge of the matter to be discussed if the executive board or
committee determines that public knowledge would violate the privacy of any person.
I. Action Without Meeting: Any action by the Board of Directors required or permitted
to be taken at any meeting may be taken without a meeting if all of the members of the
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9. Board of Directors shall individually or collectively consent, in writing, to such action.
Any such written consent shall he filed with the minutes of the proceedings of the Board
of Directors.
J. Quorum; At all meetings of the Board of Directors, three directors shall constitute a
quorum for the transaction of business and the votes of a majority of the directors
present at a meeting at which a quorum is present shall constitute the decision of the
Board of Directors.
ARTICLE III - POW ERS AND DUTIES OF THE BOARD OF DIRECTORS
A. Powers and Duties. The Board of Directors shall have all the powers and duties
necessary for the administration of the affairs of the association and may do all such acts
and things that are not prohibited by law, including the following:
(1) Prepare budgets in accordance with 2 7A,V SA,3 -1 23 and present it at the
Annual meeting. Unless at that meeting a majority of all members present in person, by
absentee ballot, or by_proxy reject the budget, the budget is ratified, whether or not a
quorum is present. If a proposed budget is rejected, the budget last ratified by the
members continues until the members ratify a subsequent budget. (27 VSA, 3-123(a)
(2) The executive board, at any time, may propose a special assessment. (27A, VSA, 3-
123(b) The assessment is effective only if the executive board follows the procedures for
ratification of a budget described in subsection (a) and the homeowners do not reject the
proposed assessment.
(3) If the executive board determines by a two-thirds vote that a special assessment is
necessary to respond to an emergency: (27A, VSA, 3-123(c) )
(a.) the special assessment becomes effective immediately in accordance with the
terms of the vote;
(b.) notice of the emergency assessment must be provided promptly to all members; (c)
the Board shall spend the funds paid on account of the emergency assessment only for the
purposes described in the vote. (27A VSA 3-123 (c )).
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10. (4) May impose charges for late payment of assessments and, after notice and a
hearing, may impose reasonable fines for violations of the declaration, bylaws, and rules
of the association. (27A VSA, 3-102(11))
(5) May impose reasonable charges for the preparation and recordation of amendments to
the declaration, resale certificates required by section 4-109 of this title, or statements of
unpaid assessments. (27A VSA 3-102(12)
(6) May provide indemnification for its officers and executive board and maintain
directors and officers liability insurance. (27A VSA, 3-102(13)
(7)Provide for the operation, care, upkeep, and maintenance of all of the property and services
of the association.
(8) Designate, hire and dismiss the personnel necessary for the maintenance,
operation, repair and replacement of the association's property and provide service
for the property and, where appropriate, provide for the compensation of such
personnel and for the purchase of such equipment, supplies and materials to be used
by such personnel in the performance of their duties, which they deem necessary and
appropriate.
(9) Collect assessments/dues f r om a s so c i a t i o n members. deposit the
proceeds thereof in bank depositories and use the proceeds to carry out the operation
of the association and the administration ' of the property.
(10) Make and amend administrative rules and regulations governing the details of the
operation and care of the association's property.
(11) Open bank accounts on behalf of the association and designate the signatories
thereon.
(12) Make, or contract for the making of, repairs, additions and improvements to all
alterations of the property, and repairs to and restoration of the property, in
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11. accordance with these By-Laws.
(13) Enforce by legal means, the provisions of the Articles of Association, these
By-Laws. the administrative rules and regulations adopted there under, and the
Country Club Estates, South Burlington, Vermont Protective Covenants.
(14) Obtain and carry insurance against casualties and liabilities, and pay the
premium therefore; and adjust and settle any claim there under.
(15) Keep books with detailed accounts in chronological order or the receipts and
expenditures affecting the association, specifying and itemizing the expense of
maintenance and repair of the association's real and personal property and any other
expenses incurred.Such books shall be available for the examination by members of
the association, their duly authorized agents and attorneys, upon reasonable notice
during general business hours on work days, at the time and in the manner set and
announced by the Board bf Directors for the general knowledge of all association
members.All books and records shall be kept in accordance with good accounting
practices and shall be audited not less than bi-annually by an independent accountant
or bookkeeper.
(16) Borrow money on behalf of the association as required in connection with
the operation, care, upkeep and maintenance of the association and its property,
provided, however, that the consent of at least two-thirds of the members of the
association obtained at a meeting duly called and held for such purpose in
accordance with the other provisions of these By-Laws shall be required to borrow
any sum in excess of $1,000.
(17) Do such other things and acts not inconsistent with 27A VSA, 3-1 02, the
Articles of Association, and these By - Laws, as the Board of Directors may be
authorized to do by resolution of the association.
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12. (18) The executive board shall not:
(a) Amend the declaration, except as provided in 27A VSA. 2-117.
(b) Amend the bylaws;
(c) Terminate the common interest community;
(d) Elect members of the executive board, but may fill vacancies in its membership for
the unexpired portion of any term, or, if earlier, until the next regularly scheduled election of
executive board members; or
le) Determine the qualifications, powers. duties, or terms of office of executive
board members (27A VSA, 3-103(b))
B. Managing agent: The Board of Directors may employ for the association a
managing agent at compensation to be established by the Board of Directors and
included in the annual budget of the association.
C. Liability of the Board of Directors. The officers and members of the Board of
Directors shall not be liable to the association for any mistake of judgment. negligent
or otherwise, except for their own willful misconduct or had faith. The association shall
indemnify and hold harmless each of the officers and directors from and against all
contractual liability to others arising out of contracts made by the officers of the Board
of Directors on behalf of the association unless any such contract shall remain in bad
faith or contrary to the provisions of the Vermont not-for-profit corporation statute, the
Articles of Association, or these By-Laws.Officers and members of the Board of
Directors shall have no personal liability with respect to any contract made by them on
behalf of the association. Every agreement made by the officers, the Board of
Directors. or the managing agent of the association on behalf of the association. shall if
possible provide that the officers, the members of the Board of Directors, or their
managing agent, as the case may be, are acting only as agents for the association and
shall have no personal liability there under.
ARTICLE IV — OFFICERS AND THEIR DUTIES
A. Election of Officers and Term. The officers of the association shall be elected
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13. annually by the Board of Directors at the annual meeting of each new Board of'
Directors and shall hold office for two years and until their successors are duly elected
and qualified unless they sooner resign, or shall be removed, or otherwise disqualified
to serve.
B. Resignation And Removal. Any officer may be removed from office with or without
cause by the Board of Directors. Any officer may resign at any time by giving written
notice to the Board, the president, or the clerk.Such resignation shall take effect on the
date of receipt of such notice or at any later time specified therein, and unless otherwise
specified therein_ the acceptance of such resignation shall not be necessary to make it
effective_
C. Vacancies. A vacancy in any office may be filled by the appointment of the Board of
Directors. The officer so appointed to such vacancy shall serve for the remainder of the term of the
officer he pr. she replaces.
D. President. The President shall be the chief executive officer of the association:
shall preside at all meetings of the association and of the Board of Directors; and
shall have all of the general powers and duties which are incident to the office of
President of a association organized under the Vermont Common interest Ownership
Act, Title 27A, V S A including, without l imitation, the power to appoint
committees from among the association members from time to time as the president
may in his or her discretion decide is appropriate to assist in the conduct of the
affairs of the association.
E. Vice President. The Vice President shall take the place of the President and
perform the duties of the President whenever the president shall be absent or unable to
act. The Vice President shall also perform such other duties and shall from time to time
be delegated to him by the Board of Directors or by the Preklent.
F. Clerk. The Clerk shall serve as the Secretary of the association, shall keep the
minutes of all meetings of the association and of the Board of Directors, shall have
charge of such books and records as the Board of Directors may direct, shall maintain
a register setting forth the place to which all notices to association members and
others shall be delivered; and in general shall perform all duties incident to the office
of Secretary of an association organized under 27A VSA.
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14. G.Treasurer. The reasurer shall have the responsibility for the association's funds and
securities and shall be responsible for keeping full and ac c u r a t e financial records
and books of account showing all receipts and disbursements and for the preparation
of all required financial data; shall make disbursements on behalf of the association
upon consent of the Board of Directors and be responsible for the deposit of all
monies and other valuable effects in the name of the association. its Board of
Directors, or managing agent, in such depositories as may from time to time be
designated by the Board of Directors; shall prepare an annual statement of income and
expenses to be presented to the association's members at their annual meeting and in
general perform all of the duties incident to the office of treasurer of an association
organized under 2 7A V S A.
H. Assistant Secretaries and Treasurers: Any and all assistant: clerks and/or treasurers
may be appointed by the Board of Directors shall serve in place of the association's
secretary and/or treasurer if said officer is unavailable and shall assist the secretary
and/or treasurer as directed by the Board of Directors.
ARTICLE V — ASSOCIATION RECORDS
(1) Association records: An association shall retain the following: (27A, VSA, 3-118)
(a) detailed records of receipts and expenditures affecting the operation and
administration of the association and other appropriate accounting records;
(b) minutes of all meetings of its members and executive board other than executive
sessions, a record of all actions taken by the members or executive board without a meeting, and
a record of all actions taken by a committee in place of the executive board on behalf of the
association;
(c) the names of members in a form that permits preparation of a list of the names of all
members and the addresses at which the association communicates with them, in alphabetical
order showing the number of votes each member is entitled to cast;
(d) its original or restated organizational documents, if required by law other than this
title, bylaws and all amendments to them, and all rules currently in effect;
(e) all financial statements and tax returns of the association for the past three years;
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15. (1) a list of the names and addresses of its current executive board members and
.
officers
(g) its most recent annual report delivered to the secretary of state;
(h) financial and other records sufficiently detailed to enable the association to comply
with section 4-109 of this title;
(i) copies of current contracts to which it is a party;
Q) ballots, proxies, and other records related to voting by the members for one year
after the election, action, or vote to which they relate.
(2) All records retained by an association must be available for examination and copying by a
member or the member's authorized agent:
(a) during reasonable business hours or at a mutually convenient time and
location; and
(b) upon five days' notice in a record reasonably identifying the specific records of the
association requested.
(3) Records retained by an association may be withheld from inspection and copying to the
extent that they concern:
(a) personnel, salary, and medical records relating to specific individuals;
(b) contracts, leases, and other commercial transactions to purchase or provide goods or
services currently being negotiated;
(c) existing or potential litigation or mediation, arbitration, or
administrative proceedings;
(d) existing or potential matters involving federal, state, or local administrative or
other formal proceedings before a governmental tribunal for enforcement of the declaration,
bylaws, or rules;
(e) communications with the association's attorney which are otherwise protected
by the attorney-client privilege or the attorney work-product doctrine;
(f) information the disclosure of which would violate law other than this title;
(g) records of an executive session of the executive board; or
(h) members files other than those of the requesting member.
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16. (4) An association may charge a reasonable fee for providing copies of any records under this
section and for supervising_the homeowner's inspection.
(5) A right to copy records under this section includes the right to receive copies by
photocopying or other means, including copies through an electronic transmission if available
upon request by the homeowner.
(6) An association is not obligated to compile or synthesize information.
(7) Information provided pursuant to this section may not be used for commercial purposes.
(Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), §
37, eff. Jan. 1, 2012.)
ARTICLE VI — COMMITTEES
The Board of Directors may, by resolution adopted by the majority of the directors
present, designate and appoint one or more committees each of which shall consist of
two or more members of the association. Each committee, to the extent provided in such
resolution, shall have and exercise all of the authority of the Board of Directors properly
delegable by the directors pursuant to Title 27A VSA. The designation and appointment
of any such committee and the delegation thereto of authority shall not operate to relieve
the Board of Directors of any responsibility imposed upon it by law.
ARTICLE VII —AMENDMENTS TO THE BY-LAWS
A.Vote Required. These By-Laws may be amended at any annual or special meeting of the
members, provided that notice of the proposed amendment is given in writing in advance.
An amendment is passed if it receives a two-thirds majority of the votes cast by members
who are present at the meeting, who vote by absentee ballot or by proxy.
13. Liniitation.No such amendment shall be valid if it would render the By-Laws of the
Association contrary to or inconsistent with the requirements of Title 27A VSA.
C. Conflict. In the case of any conflict between the Articles of the association, these By-
Laws, and Title 27A VSA. the latter shall control. Any provision required to be in these By-
Laws under current Vermont law is hereby deemed to be incorporated by reference and
included herewith.
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17. ARTICLE VIII — GENERAL PROVISIONS
A.Severability: The invalidation of any provision of these By-Laws shall not effect any other
provision thereof, and said other provision shall remain in full force and effect.
B. Captions.The captions herein are inserted only as a matter of convenience and for
reference, and in no way define, limit or describe the scope of these By-Laws or the intent of
any provision thereof
C. Waivers: No restriction, condition, obligation or provision contained in these By-Laws
shall he deemed to have been abrogated or waived by reason of any failure to enforce the
same, without respect to the number of violations or breaches thereof which may have
occurred.
D. Notices. All notices, reports. or other items required by these By-Laws to be mailed
or delivered to the members of the association shall be addressed and/or mailed or
delivered to the address of each member last appearing on the records of the association,
and shall be deemed to have been delivered when so mailed. or in the event of delivery,
delivered. Notice may be sent electronically to members who have authorized the Board
to utilize this means of communication.
ARTICLE IX — TERMINATION OF A COMMON INTEREST COMMUNITY (27A
VSA 2-118)
(a) Except in the case of a taking of all common property by eminent domain or in the
circumstances described in 27A VSA: 2-124, a common interest community may be
terminated only by agreement of owners of homes to which at least 80 percent of the votes in
the association is allocated or any larger percentage the declaration specifies, and with any
other approvals required by the declaration. The declaration may specify a smaller
percentage only if all the homes are restricted exclusively to nonresidential uses.
(b) An agreement to terminate shall be executed or ratified in the same manner as a
deed by the requisite number of owners. The termination agreement shall specify a date
after which the agreement is void unless it is recorded. A termination agreement and all
ratifications of it shall be recorded in each town in which a portion of the common interest
community is situated.
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