The provisions the Declaration that might have any bearing on nominations and the Nominating Committee are as follows:
DECLARATION
2. Definitions. The terms used in this
Declaration and in the Bylaws shall have the following meanings:
(m) “Owner” or “Unit Owner” means
any natural person, firm, corporation, partnership, association, trust or
other entity capable of holding title to real property, or any combination
thereof, which owns fee simple title to a Condominium Unit.
(q) “Unit” means a unit as defined by the Condominium Act, and consists of any one of those parts of the Building or Property which is separately described on the Plat or the Building Plans, or in paragraph 6 of this Declaration (or any amendment to any of the foregoing). The term “Unit” includes both “Residential” and “Parking” Units as described in paragraph 6 of this Declaration. |
BYLAWS OF POTOWMAC OVERLOOK CONDOMINIUM
ARTICLE
II - Unit Owners' Association
Section 2. Annual Meetings. Annual Meetings of the Unit Owners'
Association shall be held on the second Tuesday in May of each year, at which
meeting members of the Board of Directors shall be elected in accordance with
the provisions of Article III of these Bylaws. At all annual meetings, the Unit Owners’ Association
may transact such other business as may properly come before it.
Section 5. Notice of Meetings. It shall be the duty of the Secretary to
mail, by United States mail, first class postage prepaid a notice of
(a) each annual meeting of the Association, not more than fifty (50) nor less
than twenty-one (21) days in advance of such meeting and (b) each special
meeting of the Association not more than twenty-five (25) nor less than seven
(7) days in advance of such meeting, stating the purpose thereof
Section 7. Order of Business. The order of business at all annual
meetings of the Unit Owners' Association shall be as follows:
(a) Roll call.
(b) Proof of notice of meeting
(c) Reading (or waiver of reading of)
minutes of preceding meeting
(d) Appointment by President of
Inspectors of Election
(e)
Election of members of the Board of Directors
(f) Reports of officers
(g) Reports of Board of Directors
(h) Reports of Committees
(i) Unfinished business
(j) New business
Section 8. Title to Units. Title to Condominium Units may be taken in
the name of a natural person or in the names of two or more natural
persons, or in the name of a corporation, partnership, association, trust, or
other entity capable of holding title to real property, or any combination
thereof.
Section 9. Voting.
(c) No Unit Owner may vote at any meeting of
the Unit Owners' Association or be elected to or serve on the Board of Directors if the Unit Owners'
association has perfected lien against his or her Unit and the amount
necessary to release such lien has not been paid at the time of such meeting
or election.
Section
13. Conduct of Meeting. The
President shall pre side over all meetings of the Unit Owners' Association and
the Secretary shall keep the minutes of the meeting and record in a Minute
Book all resolutions adopted by the meeting as well as a record of all
transactions occurring thereat. The then current Robert's Rules of Order or any other rules of
procedure accept- able to a majority of the Unit Owners present at any
meeting in person or by proxy shall govern the conduct of all meetings of the
Unit Owners' Association when not in conflict with the Declaration, these
Bylaws or the Condominium Act.
ARTICLE
III - Board of Directors
Section 1. Number and Qualifications. The affairs of the Condominium shall be
governed by an Executive organ to be known as the Board of Directors. The Board of Directors shall be com- posed of five (5) persons. All Directors shall be Unit Owners or
spouses, officers, partners, agents or employees of Unit Owners. At the Annual Meeting held in 1983, three
(3) of the persons elected as Directors receiving the highest votes shall be
elected for a two-year term and the remaining two persons so elected shall be
elected for a one-year term. At the
expiration of the initial term thereafter, each successor shall be elected to
serve a term of two years. Members of the Board of Directors shall
hold office until their respective successors shall have been elected and
qualified.
Section 4. Removal
or Resignation of Members of the Board of Directors. A member of the Board of
Directors may resign at any time and any Director who is a Unit Owner shall
be deemed to have resigned upon divestiture of title to his or her
Unit in fee or by lease for a term or terms of six (6) months or more unless such Director
acquires or con-tracts
to acquire another Unit under terms giving such Director a right of occupancy
effective as of or before the termination of the right of occupancy pursuant
to such other disposition(s).
Section 5. Vacancies. Vacancies in the Board of Directors caused by any reason other
than the removal of a director by a vote of the Unit Owners' Association
shall be filled by a sole remaining director or by a vote of a majority of
the remaining directors at a special meeting of the Board of Directors
held for that purpose promptly after the' occurrence of any such vacancy,
even though the directors present at such meeting may constitute less than a
quorum, and each person so elected shall be a member of the Board of
Directors for the remainder of the term of the ember so removed and until a
successor shall be elected at the next annual meeting of the Unit Owners'
Association; and has qualified.
Section 12. Conduct
of Meetings. The President shall
preside over all meetings of the Board of Directors and the Secretary
shall keep a Minute Book recording therein all resolutions adopted by the
Board of Directors and a record of all transactions and proceedings occurring
at all meetings of the Unit Owner's Association and at all meetings of the
Board of Directors. The then current Robert's Rules of Order or
any other rules of procedure at any time or from time to time acceptable to a
majority of the Directors present at any meeting shall govern the conduct of
the meetings of the Board of Directors when not in conflict with the
Declaration, these Bylaws or the Condominium Act.
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