The AMEA Board proposed to amend the AMEA By-Laws to eliminate term limits and allow board members who wish to remain active to do so. Below is the proposed draft change. This will be voted on by the AMEA membership who attend the AMEA Meeting on Sept. 2, 2023 held at Alpine Meadows Ski Resort.
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First Amendment to Bylaws of Alpine Meadows Estates Association
The current Bylaws of Alpine Meadows Estates Association (“Bylaws”), as amended, were made effective as of August 1996. Effective as of the approval of this First Amendment to Bylaws of Alpine Meadows Estates Association (the “First Amendment”) by the Board of Directors and a majority of members at a meeting at which quorum was present, as certified by the Secretary below, the Bylaws are further amended by this First Amendment as follows:
Article V, entitled “BOARD OF DIRECTORS,” Section 2 of the Bylaws is amended to delete the third sentence such that Directors shall not be subject to any term limits and may serve multiple consecutive terms without restriction in the Bylaws. The Bylaws may be updated to reflect this amendment by either deletion or strike through of this sentence as follows:
A board member shall serve no more than two (2) consecutive terms.
Article XVI, entitled “NOTICES,” is hereby added to the Bylaws as follows:
ARTICLE XVI
NOTICES
1. Notices to Member. Notwithstanding anything in these Bylaws to the contrary, whenever any notice, statement, invoice, agenda, budget, written ballot, disclosure or other document or communication (collectively, “notices”) by the Association to a member is required or permitted to be given, it shall be given in writing and shall, at the Association’s election, be sent by either: (i) United States mail, postage prepaid, addressed, to such member's last known mailing address on file with the Association; or (ii) electronic transmission by email addressed to such member’s last known email address on file with the Association, which shall constitute member’s continuing consent to such electronic transmissions for all notices by the Association. By written notice to the Association under Article XVI, Section 2 below, members have the right to: (a) request to have the content of any notice provided or made available by the Association on paper or in nonelectronic form; and (b) revoke the member’s consent to electronic transmission of certain or all notices under (1)(ii) above, in which case such notices shall be sent by the Association to the member by United States mail under (1)(i) above.
2. Notices to Association. Whenever any notice or other communication by the member to the Association is required or permitted to be given, it shall be given in writing and sent by United States mail, postage prepaid, addressed to ___________________________. Notwithstanding the foregoing and anything in these Bylaws to the contrary, the Association may require Members to send certain or all notices to the Association by electronic transmission by email to the Association. Any requirement of electronic transmission of notices to the Association shall be in a written notice from the Association to the membership. By way of example, and not limitation, the Association may, in its sole discretion, require the return of written ballots by members by electronic transmission to the Association using the means and methods described in the election materials, including, without limitation, use of online survey or other programs.
3. Notices to Directors/Officers. Whenever any notice by the Association to a Director or Officer is required or permitted to be given, it shall be given in writing and shall at the Association’s option be sent either: (i) by United States mail, postage prepaid, addressed, to such Director or Officer’s last known mailing address on file with the Association; or (ii) by electronic transmission through an email addressed to such Director or Officer’s last known email address on file with the Association, which shall constitute Director’s or Officer’s consent to such electronic transmission.
4. Effective Date of Notice. Any notice sent by United States mail shall be deemed to have been given and received on the second business day following the date of its deposit in the United States mail. Any notice sent by electronic transmission shall be effective if it creates a record that is capable of retention, retrieval, and review, and that may thereafter be rendered into clearly legible tangible form and shall be deemed to have been given and received on the date of such email transmission. Whenever any notice is required to be given by the Association a certificate of the Secretary entered or filed in the minutes of the Association shall be prima facie evidence of such notice.
5. Change of Address. Any member who changes his or her mailing or email address or preferred method for the receipt of notices shall give the Association advance written notice of such change. Failure to do so shall be deemed a waiver of any and all notices required or permitted by the Bylaws or applicable law until such time as written notice of such change is received by the Association.
3. The Association’s Secretary shall have the authority to update the Bylaws by adding and/or replacing the text in the Bylaws with the text of the approved amendments as set forth in this First Amendment, and certifying the amended Bylaws as the current Bylaws of the Association.
Certificate of Secretary
The undersigned Secretary of the Alpine Meadows Estates Association hereby certifies that the foregoing First Amendment to the Bylaws of Alpine Meadows Estates Association was duly approved by the Board of Directors and a majority of members at a meeting at which quorum was present, and is a duly-adopted and valid amendment to the Bylaws as of the date set forth below.
Dated: _________________
__________________________, Secretary