Annual Meeting Memo's Opposition to the By-Laws

Annual Meeting Memo's Opposition to the By-Laws

The memo that is now being circulated once again is not in compliance with the By-Laws of Soho Central Condominium Corporation (SCCC).  Will the meeting itself also violate as all the past meetings have?

The memo states it "is earlier than usual."  Well it is about time that the announcement be made early.  How many years did it take from the developer controlled Board?  But, it seems that the By-Laws are not being read and need to be quoted.

The form many have received for proxy IS NOT mentioned in the By-Laws and was written very cleverly.  I would strongly suggest all Unit Owners follow the By-Laws or make drastic changes to the form such as removing the wording that gives the developer controlled Board's chair your vote if your proxy does not make it to the meeting.  The form is outrageous!

Another opposition to the By-Laws as written in this memo made once again this year for the unmentioned form is for it to "be returned to us at least a day before the date of the scheduled meeting."  The By-Laws say before the meeting and this cannot be overruled by arbitrary decisions by the developer controlled Board.  If your proxy is denied your vote when they present a By-Laws recognized statement from you, you may suggest they call the police in case they are denied entry to the meeting.

By-Laws:
https://docs.google.com/file/d/0B0Sq5pyrVRznYzE0YjU1M2YtZTZjZC00OWJmLTk5YWUtNTk4NDllNWZiZWYw/edit?usp=sharing

Meetings of Members

Section 8. Proxy. – Any member or representative as defined in *Section 4 hereof, may be represented by a proxy in all the meetings of the members of the corporation. The proxy must be in writing, designating the representative by name, signed by the member or the representative and duly presented to the Secretary for inspection and recording before the opening of the meeting.

Proxies shall be valid only either for the next annual or special meeting after the execution of the proxy or any adjournment thereof. The presence of the member at the meeting shall revoke the proxy heretofore executed by him and such member shall be entitled to vote at such meeting in the same manner and with the same effect as if he had not executed a proxy.

This is the proxy form created which opposes the By-Laws:

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READ this section carefully. This Board may try more games if the designation of "representative" is not done in writing for a meeting. So besides the proxy to submit in writing as instructed above for those not attending, where there is joint ownership have a written statement signed by all the particular Unit Owners submitted to the Board Secretary. Send mail meant for the Board to the Administration office in the building. They will then know how to contact the Board Secretary who also holds the Minutes which as are not kept here in the office. Yes, this place is a mess.

*Section 4. Representation. – In cases where a unit is owned in common by two or more persons, they shall determine one (1) from among themselves, who shall represent them in the corporation. Except for the purpose of liquidation in case of dissolution, the representative designated shall be considered as members representing the unit for all purposes, in all matters related to the corporation, including service of notice of assessment and meetings, grant of proxies, voting on any matter, and the like. In cases of corporation, trust, or partnership, its authorized officers shall designate who should represent it in the corporation. In all the foregoing instances, the person duly designated (as) representative must be registered with the corporation by filing a written designation with the Secretary of the Corporation.

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The memo did not properly cite Section 11. of the By-Laws which defines "delinquent."  Being delinquent only involves non-payment of dues and assessments and nothing else.  There is also no cut-off date for being members of the SCCC as a requirement for participation in the annual meeting in the By-Laws.

Among our remarks to the Board in the past, we made them aware of the violation written in the By-Laws as far as number of votes per unit.  The language in the By-Laws contradicts the Master Deed and law; therefore, it is moot.  Last year they proposed an amendment to correct the language which is illegal but added additional language which had nothing to do with the main point.  Yes, another game against the Unit Owner members.

Section 11. Voting. - Each member of the corporation shall be entitled to one vote for every unit owned. However, members who are delinquent in the payment of their dues and assessments as fixed by the Board of Trustees or as provided for in the Master Deed with Declaration of Restrictions, shall not be qualified to cast their votes in any meeting of the corporation. In the annual meeting for the election of trustees no cumulative voting shall be permitted.

more to come....