BALLYMEADE

NEW - Board Meeting - Minutes - Feb 22, 2022

 

Ballymeade Board Meeting

Meeting Minutes

Feb 22, 2022

Present:

Pete Haggerty, Mike Petrucci, Phil LaScala

  1. Updates on Resolutions
  • Mike provides high-level update regarding Rental Resolution and the Violation/Fine Resolution and Rental Amendment
  • Questions, answers and clarifications made during the ensuing review and discussions
  • Board holds vote to approve the Violation/Fine Resolution and Rental Amendment
  1. Overview of the steps recommended by the attorney in connection with the Violation/Fine Resolutions, the Rental Resolution and the Rental Amendment

       i.          The Board holds meeting to consider, and if acceptable, approves Violation/Fine Resolutions and the Rental Amendment. 

      ii.          If the Board approve the Rental Amendment, the attorney will prepare papers that will allow the Board to distribute the Amendment by email with a “written consent.” 

     iii.          Once the package the attorney prepares is sent, the Board has 60 days to get the two-thirds vote needed to pass.  HOs must sign the consent then may email, fax or deliver it to the managing agent (PENCO).  If enough signed consents are received, then the Board executes the Amendment and files it with the Recorder of Deeds.  Upon filing it becomes effective.

     iv.          Only at this point will the Board have the authority to consider the Rental Resolution.  The Board again follows the process above:  the board holds a meeting, and if acceptable, approves the Rental Resolution.  If it is approved, then once it is sent out, it becomes effective and the Board can take the actions set forth in the resolution

  1. Important Points of Note
  • Per the attorney, the Board always had the power to fine homeowners for violations (this was contrary to what the Board previously understood). The documents of Violation/Fine Resolution define and constrain rather than create this ability
  • Violation/Fine Resolution becomes effective when sent to the HOs by mail
  • The Delaware Legislature changed a law and mandates that homeowners are allowed to attend formal Board meetings.   HOs do not get to participate but an open forum at the end of the meeting can be held to allow HOs to speak
  • Review and Revision of Presentation Slide Deck for Annual Meeting
Posted by ballymeade on 03/01/2022
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New Castle County, Delaware 19810