To: Surf Village Town House Owners                                                                                                                                       June 14, 2019

From: The Board of Directors

Re: The process of voting to adopt revisions and updates to Town House Documents

The Association recently circulated a ballot form to Owners for the purpose of conducting a vote on adoptions of Amendments updating the Town House Community Documents.

The Board received a strongly worded correspondence from an owner expressing the opinion that (i) the 1983 Surf Village Declaration and Bylaws requires that a vote to amend them may only be taken at a meeting of the owners, (ii) a vote taken by ballot without a meeting would be null and void, and (iii) proceeding without a vote is somehow fraudulent and that the Board knew that they were violating their obligations.  It is apparent these opinions have been shared with some members in the Community.

In 2016 the Board engaged a noted expert in the law of community associations to advise them on the process of updating the Community Documents. The Attorney was selected in part because he served as a member of the Committee that developed the legislation that updated the Connecticut Common Interest Ownership Act in 2009 (“CIOA”). The Association’s Attorney strongly disagrees with the claims stated above.  He has advised the Board that the sections of the current Town House Declarations and Bylaws which make reference to a vote being taken “at any meeting” do not require a vote be taken ONLY at a meeting to the exclusion of the other means of action provided in applicable Connecticut law. The other voting methods permitted include voting by proxy or by paper or electronic ballot when a vote is conducted without a meeting.

The Board has acted in good faith and in reliance on the opinion and guidance of its Counsel.

Board Members have been advised that conducting the vote by ballot without a meeting is in compliance with the requirements of applicable Connecticut law and the Surf Village Documents.  The Association Counsel expressed his opinion that this ballot procedure would withstand a court challenge, should one be brought.

The matter of updating our documents is more important than a disagreement over the manner in which the vote is cast. The Board has elected on advice of Counsel, to provide a new ballot that includes a proxy to allow an Owner to vote at a meeting in person or by proxy. (This new ballot will be mailed separately from this notice) Approximately 20 of the SVTH Owners do not reside in the Community and many refrain from attending meetings because of the confrontations that often result.

The Annual Meeting is Wednesday, June 26th at the Club House at 7:00 PM. The Board has asked Attorney Ed Hill to be available at the meeting to answer questions from Owners; and he will be available either by video conference or skype. We encourage all Owners to attend this meeting.

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