MEMBER PETITION TO AMEND BYLAWS

At the Annual Membership Meeting held this past summer, several members expressed support for the use of absentee ballots.  This prompted one of our members, Deborah Axelson, to circulate a petition for an initiative to amend the T.I.C.C. Bylaws, Article 3, Member Meetings.  The proposed amendment provided for the use of absentee ballots and stated that proxies would only be used to establish a quorum at member meetings.

The Board of Trustees submitted the Initiative to the Club’s attorney for review.  He advised that there was some conflicting language in the amendment with regard to how proxies would be used and recommended that the Board propose an alternative amendment to clarify their limited use.  Deborah Axelson collaborated with the Trustees to revise the language for an alternative proposal that meets with the intent of the petition.  This proposal includes additional amendments to revise all references to voting by proxy currently included in the Club’s Bylaws. 

Members representing one-hundred two lots signed the petition requesting that the specified amendment be included on the agenda for a vote of the members at the next scheduled special or annual meeting.  The Board of Trustees must honor this petition and include it on the agenda for a vote.  The alternative amendment, supported by Deborah Axelson, will also be included on the ballot for a vote of the membership.

PROPOSAL AS SUBMITTED BY PETITION:  (new language underlined and strike out of removed language)

I, __________, in accordance with Article 10 of the TICC Bylaws do hereby petition the TICC Board of Trustees to place on the agenda for a vote of the members at the next scheduled TICC special or annual member meeting (whichever comes first) the following proposed amendment to the TICC Bylaws, Article 3. Member Meetings.

I.  Proxy.  A member may cast his or her vote in person or by proxy.  A proxy shall be mailed with the member meeting notice and shall include an absentee ballot that must be identical in all significant respects to the ballot provided to members voting in person.  A member may only execute and file a proxy without an absentee ballot if used solely to determine whether a quorum exists.

A proxy shall be in writing, signed and filed with the Secretary of the Association (before or) prior to the vote being cast.  A proxy with respect to a specific meeting shall entitle the proxy holder to vote at any reconvened meeting following adjournment of a meeting but shall not be valid after the final adjournment of the meeting.

ALTERNATIVE PROPOSAL AS REVISED AND SUBMITTED BY BOARD OF TRUSTEES:

Article 3.  Member Meetings

G.    Quorum.  A quorum for the transaction of business at any member meeting shall be at least twenty-five percent of the total number of votes allocated to the Association’s eligible members, represented either in person, or by proxy or absentee ballot.  Meetings at which less than twenty-five percent of the total number of votes allocated to the Association’s eligible members are represented may be adjourned to a future date. 

H.    Vote.  A member may cast his or her vote in person or by absentee ballot.  Except as otherwise provided under Article 4.A.5 and Article 10, a majority of the votes entitled to be cast by the members in good standing represented in person or by proxy absentee ballot shall be necessary for the adoption of any matter voted upon by the members. 

I.     Proxy/Absentee Ballot.  A member may cast his or her vote in person or by proxy.  A member may execute and file a proxy when used solely to determine whether a quorum exists.

A proxy or absentee ballot shall be in writing and filed with the Secretary of the Association ((before or)) prior to the vote being cast.  A proxy or absentee ballot with respect to a specific meeting shall ((entitle the proxy holder to vote)) be valid at any reconvened meeting following adjournment of a meeting but shall not be valid after the final adjournment of the meeting.

Article 4.  Assessments.

5.    Before the Association levies any regular or special assessment, or modifies an assessment, the assessment must receive two-thirds approval of the members voting either in person or by proxy absentee ballot at an annual or special member meeting. 

Article 10.  Bylaw Amendments.

Amendments to these Bylaws shall be submitted to the membership for a vote at an annual or special members meeting.  Proposed amendments may be submitted by the Board of Trustees in the form of a referendum, or as an initiative submitted by a petition signed by twenty percent of the membership in good standing.  Before any amendment to the Bylaws is declared adopted, an amendment must receive two-thirds approval of the members voting either in person or by proxy absentee ballot.

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