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Friday, 03 May 2013

 

 

THRID AMENDMENT TO

DECLARATION OF COVENANTS AND RESTRICTIONS

FOR WESTFIELD WOODS

 

 

Title:                                               Third Amendment to Declaration of Covenants and

Restrictions For Westfield Woods

 

Date:                                   This Third Amendment is made on this 11th day of October 2001 by the Westfield Woods Community Association hereinafter referred to as the "Association".

 

Grantor/Grantee:        Westfield Woods Community Association

 

Address:                            3028 Highway K, PMB 589, St. Charles, MO 63304

 

WITNESSETH:

 

WHEREAS, a Declaration of Covenants and Restrictions for Westfield Woods was previously recorded on August 17, 1995, in Book 1770 at Pages 934-950; and

 

WHEREAS, a First Amendment to the Declaration of Covenants and Restrictions for Westfield Woods was previously recorded on May 28, 1998, in Book 2079, at Pages 1721-1722; and

 

WHEREAS, a Second Amendment to the Declaration of Covenants and Restrictions for Westfield Woods was previously recorded on April 19, 1999, in Book 2238, at page 363-364; and

 

WHEREAS, those Declarations provide in Article IX, Section 5, that those Declarations may be amended by an instrument signed by the Association pursuant to a resolution passed and approving said amendment by a majority of the record owners of the fee simple title of the lots of record at the time the amendment is proposed; and  

 

WHEREAS, on October 11, 2001, a majority of record owners cast their votes in favor of the following amendments,

 

NOW, THEREFORE, the Association amends the above-referenced Declaration of Covenants and Restrictions as follows:

 

The following definitions are in addition to the current definitions.

 

ARTICLE I

 

i)     "Good Standing" shall mean an "Owner" who has no outstanding financial obligation to the Westfield Woods Community Association.  This shall include all Assessments (Article IV) and Penalties (Article IX).

 

j)     "Proxies" used in the C&R's must be in writing, from an "Owner" in good standing, and for the specific subjects listed on the published agenda.  The proxy must state the name of the person issuing the proxy, the person to whom issued, and the subjects covered by the proxy.  No "Owner" shall be allowed to vote more than three (3) proxies.

 

Article V is a complete rewrite.

 

ARTICLE V

 

Section 1.  Composition of Board of Directors:

 

1.       The Board of Directors shall consist of three (3) "owners".  Each owner (Director)

must be in "Good Standing" during his or her term.  The three positions will be President, Secretary and Treasurer.

2.       The President shall preside over all meetings of the Board of Directors and of the voting members.  The Secretary shall keep minutes of all meetings of the Board of Directors and of the voting members and in general perform all duties incident to the office of Secretary.  The Treasurer shall keep all financial records and books of account.

  

Section 2.  Nomination of Board of Directors:

 

1.       The President shall call the Annual Meeting, duly announced in accordance  with    Section (8) in this Article, with the "Nomination of Board of Directors" published on the agenda.

2.       Each owner in good standing may nominate one (1) candidate for the office of President, Secretary and Treasurer during the meeting or by "Proxy".

3.       The nominator shall be responsible for determination of the nominee’s willingness to serve prior to nomination.

4.       The member must declare their willingness to serve in writing to the President prior to the adjournment of the annual meeting in ordered to appear on the election ballot.  A declaration by e-mail or letter of willingness-to-serve on the nomination ballot will be acceptable.

5.       The President will call for the nomination and then a vote of each office, starting with the President then the Secretary and then the Treasurer.  Each "Owner" present will have one vote.  Any "Owner" will also be able to vote their proxies.  The names of the three (3) nominees for each elective office receiving the most votes shall be placed on the election ballot for use in Section 3 in this Article.

6.       Once an owner has been nominated to an office, that owner will not be allowed to be the nominee for the remaining office(s).

 

Section 3.  Election:

 

1.       The Secretary shall cause election balloting notices to be mailed with the names of the nominees from Section 2 in this Article to all of the registered lot owners within 7 days of the "Annual Meeting".  The due date of the ballots will be 21 days after the "Annual Meeting". The election balloting notice shall list the names of the nominees for each elective office in alphabetical order. Each "Owner" in good standing may vote for one (1) candidate for each elective office and the successful candidate for each office shall be that eligible candidate receiving the greatest number of election votes. Nothing herein shall prohibit the write-in and election of an eligible "Owner" for elective office.  In the event of a tie vote, straws will be drawn to determine the winning candidate.

2.       The results of the election will be posted in the Westfield Woods Community Association Newsletter.

 

Section 4.  Terms:

 

Effective with the election of Directors to take office on January 1, 2002 the newly elected Directors shall be elected to serve staggered terms of three (3) years, two (2) years and one (1) year.  In this 2002 election, nominations for the specific offices of President, Secretary and Treasurer will be ordered.  The newly elected President will serve a three (3) year term, the newly elected Secretary will serve a two (2) year term and the newly elected Treasurer will serve a one (1) year term. Thereafter, an election shall be held each year electing one Director for a three (3) year term to replace the Director whose term is expiring.

 

Section 6.  Resignation:

 

If a Board Member resigns his/her position, the remaining Board Members shall call a Meeting for the purpose of electing a replacement Board Member.  This meeting must be called within 21 days of the resignation.  Sections 2 and 3 in this Article will be used to nominate and elect the vacant Board Member position with the exception of the meeting date.

 

Section 7.  Recall:

 

Any "Owner" may request the Board of Directors to hold a Meeting of "Owners" for the purpose of a Board Member Recall.  The Board must hold the meeting within 90 days of such request.  Owners present at the Board Meeting, which has been called to consider, among other things, a recall, by a majority vote of the "Owners" in good standing that are present, and/or valid proxies, may request the Board to initiate and circulate a ballot among the "Owners" for the removal of a Board Member.  If the recall request is approved, the Board of Directors must complete the recall balloting within 21 days of the meeting.  Such ballots shall be validated and tallied under the supervision of the other two

      (2) Board Members who shall certify the results and notify the Association. In the event of a       successful recall, the remaining Board Members shall hold an election to replace the vacant   Board position as stated in Section 6 in this Article.

 

Section 8.  Annual Meeting:

 

      The Board of Directors shall call for an annual meeting of the Lot Owners on the second      Thursday of October of each and every year.

 

                  IN WITNESS WHEREOF, Bruce Taylor, Secretary, of the Westfield Woods Community       Association causes this Third Amendment to Declaration of Covenants and     Restrictions for       Westfield Woods to be executed on this __________ day of         ______________, 2001.

 

 

                                                                

            Bruce Taylor                                    

 

 

 

            State of Missouri                               )

                                                                                    ) SS.

            County of St. Charles                       )

 

On this  __________  day of  __________________ , 2002 before me personally          appeared Bruce Taylor, who, being by me duly sworn did say that he is Secretary of the      Westfield Woods Community Association and authorized to execute the foregoing   instrument, and has acknowledged that he has executed the same as his free act and deed.

 

IN TESTIMONY WHEREOF, I hereunto set my hand and affixed my official seal in          the county and state aforesaid, the day and year first above written.

 

      My term expires:

 

              ______________________                            _______________________________________________

                                                                                                            NOTARY PUBLIC

           

            (NOTARY SEAL)

 

 

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