To: All BH Homeowners
There will be an IMPORTANT General Meeting of the homeowners association on Sunday September 9th from 10:30am to noon. (at the Firehouse)
The main purpose of the meeting is to vote on the replacement Trustee for the homeowners association. PLEASE try to attend.
You should all be receiving a proxy letter from BHHOA (sent by Linda Snyder of Mauch Chunk Trust Co on behalf of the homeowners association) regarding this issue.
Ron Materniak
BHHOA Corresponding Secretary
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I am in favor of removing the trustee and shifting control to a homeowners association which is comprised of all home owners. The problem is that if we simply appoint ourselves as the new trustee we will wind up with an entity without appropriate governing rules. The trustee, as defined in our documents, is intended to be a commercial corporation and as such we cannot vote for leadership to represent the homeowners. In fact, one of the duties of the trustee is to establish an Advisory Committee (see section VI) and appoint members to serve on the committee. There is no provision to vote for any representatives in the trustee in our current ruling documents.
The ruling documents must be amended to establish voting procedures and responsibilities for the homeowners association. The rules in place for the current BHHOA do not apply since this entity does not have any authority to perform the duties of the trustee.
Amendments to our governing documents require a 2/3rds majority of ALL homeowners - not just the total of votes submitted. I served for many years on the board of another homeowner association and we tried this near impossible exercise of amending our ruling documents and failed.
I recommend that everyone read the trustee document so you can see firsthand the implications of voting the homeowners into this role. My vote will be "no" until the corresponding amendments are available to move into place at the same time.
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