The undersigned, owner(s) or designated voter of (ADDRESS)________________________________ in Lake Sawyer South Homeowners’ Association, Inc. appoints:
________________________________________________
(PRINT NAME OF PROXYHOLDER)
or the Secretary of the Association as my proxy holder to attend the special meeting of the members of Lake Sawyer South Homeowners’ Association, Inc. to be held on August 9th, 2017 at 6:30 pm at Windermere Preparatory School, 6189 Winter Garden Vineland Rd., Windermere, FL 34786, Orange County, Florida. The only agenda item is the proposed amendments to the Association documents. The proxy holder named above has the authority to vote and act for me to the same extent that I would if personally present, with power of substitution, except that my proxy holder’s authority is limited as indicated below:
I SPECIFICALLY AUTHORIZE AND INSTRUCT MY PROXYHOLDER TO CAST MY VOTE IN REFERENCE TO THE PROPOSED AMENDMENTS TO THE ASSOCIATION DOCUMENTS:
The undersigned ratifies and confirms any and all acts and things that the proxy may do or cause to be done in the premises, whether at the meeting referred to above or at any change, adjournment, or continuation of it, and revokes all prior proxies previously executed. This proxy must be received by the Association no later than the date and time for the meeting. Members in attendance at the meeting may revoke this Proxy and vote directly on any business that may come before the meeting.
DATED: ______________
____________________________________________
Owner Signature
Print Name: __________________________________
Address: (Required) ____________________________
Do not fill in or sign the “Substitution of Proxy” below unless you are the designated Proxy Holder, cannot attend the meeting and desire to designate a substitute Proxy to attend the meeting in your place.
SUBSTITUTION OF PROXY
The undersigned, appointed as proxy above, does hereby designate _____________________________________ to substitute for me in the proxy set forth above.
Date: _________________ ________________________________
_______________________________________________________
PROXY HOLDER
(This proxy shall not be valid for a period longer than 90 days after the date of the first meeting for which it was given.)
Please vote for each proposed change below. It is very important that we receive your proxy by mail
no later than August 4th.
Leland Management
6972 Lake Gloria Blvd
Orlando, FL 32809
(Description, Explanation and Comments listed below Ballot.)
Lake Sawyer South Community Association, Inc.
CHECK (☑) ONE BOX FOR EACH ITEM TO VOTE FOR OR AGAINST THE FOLLOWING PROPOSED AMENDMENTS:
Item #1- Article X, Section 6-Restriction Against Short Term Rentals of the Declaration of Covenants, Conditions, Easements and Restrictions for Lake Sawyer South, as amended by the third Amendment to the Declaration recorded on 09/25/2006.
▢ For
▢ Against
Item #2 – Article X, Section 12-Walls. Fences. Hedges and Hurricane Panels of the Declaration of Covenants, Conditions, Easements and Restrictions
▢ For
▢ Against
Item #3 – Article X, Section 27-Basketball Goals and Equipment of the Declaration of Covenants, Conditions, Easements and Restrictions
▢ For
▢ Against
Item #4 – Article VI, Section 4- Vacancy of the Bylaws of Lake Sawyer
▢ For
▢ Against
Item #5- Article VI, Section 6(G) of the Declaration of Covenants, Conditions, Easements and Restrictions
▢ For
▢ Against
Item #6- Article X, Section 18- Approved Builders of the Declaration of Covenants, Conditions, Easements and Restrictions
▢ For
▢ Against
Item #7 – Article X, Section 35- Trash Containers and Collection of the Declaration of Covenants, Conditions, Easements and Restrictions
▢ For
▢ Against
Item #8 – Article X, Section 41- Signs of the Declaration of Covenants, Conditions, Easements and Restrictions for Lake Sawyer South, as created by the fourth Amendment to the Declaration recorded on 2/21/2007
▢ For
▢ Against
Item #9 – Article VIII, Section 8- Working Capital of the Declaration of Covenants, Conditions, Easements and Restrictions for Lake Sawyer South, as amended by the third Amendment to the Declaration recorded on 09/25/2006
▢ For
▢ Against
DELETION INDICATED BY STRIKE-OUT, NEW TEXT INDICATED BY UNDERLINE
Item #1
Amending Article X, Section 6 of the Declaration of Covenants, Conditions, Easements and Restrictions for Lake Sawyer South, as amended by the third Amendment to the Declaration recorded on 09/25/2006
to read as follows:
Section 6. Restriction Against Short Term Rentals. Rental Restrictions.
There shall be no “short term” rentals of any dwellings, or portions thereof, on any Lot. For purposes of this Declaration, a “short term” rental shall be defined as any rental for a period of less than twelve (12) full calendar months. All owners leasing property shall provide the Association with a mailing address to receive official correspondence. Owners remain responsible for any covenants or architectural violations and are encouraged to provide copies of the relevant governing documents to tenants.
COMMENTS: Due to a large number of rentals in the community, this change will allow the Association to communicate better with owners/landlords. It will also help to ensure tenants are maintaining lots in accordance with community standards.
Item #2
Amending Article X, Section 12 of the Declaration of Covenants, Conditions, Easements and Restrictions for Lake Sawyer South
to read as follows:
Section 12. Walls. Fences. Hedges and Hurricane Panels.
No wall or fence shall be constructed on any Lot until its height, location, design, type, color, composition and material, including posts and post caps shall have first been approved in writing by the ARB. Wood and Chain link fences are prohibited. All fences shall be constructed of white PVC material of a style from time to time approved by the ARB.
(Paragraphs 2 and 3 of Article X, Section 12 Remain Unchanged)
COMMENTS: Removes contradictory language.
Item #3
Amending Article X, Section 27 of the Declaration of Covenants, Conditions, Easements and Restrictions for Lake Sawyer South
to read as follows:
Section 27. Basketball Goals and Equipment.
The location of all basketball goals, backboards, poles and other equipment, whether temporary or permanent, must be approved by the ARB. All backboards must be set behind the front building face and no closer than ten feet (10′) from the side property line and must be made of clear Plexiglas or other clear (see through) material approved by the ARB. All basketball poles and other structural apparatus must be painted black. All Owners shall maintain their basketball equipment in good condition. No basketball goals or other basketball equipment shall be permitted on the street side yard of corner lots. All basketball goals and other basketball equipment must be located away from streets in the rear yard if the owner’s garage is located by the street side yard. If the owner’s garage is not located by the street side yard, normal basketball equipment rules as contained herein shall apply. Time of play of basketball on lots shall be limited by the ARB.
No equipment may be permanently attached to any structure. Poles that are to be placed into the ground require ARB approval. Backboards, poles and nets shall be maintained in good condition, as judged solely by the Association. Nets will be made of nylon or similar material. Metal or chain nets are not permitted. Portable equipment shall not be placed within ten feet any sidewalk, street, walking/bike path or property line. Use of bricks, sandbags, or other objects to secure portable equipment is prohibited. Equipment must be used properly and be able to stand on its own. Time of play shall be limited to daytime.
COMMENTS: Eliminates confusing language and incorporates previously approved changes that were not incorporated into the document.
Item #4
Amending Article VI, Section 4 of the Bylaws of Lake Sawyer South
to read as follows:
6.4 Vacancy.
Any vacancy occurring on the Board of Directors before the expiration of a term may shall be filled by the Members in accordance with the Articles of Incorporation and these Bylaws an affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than a quorum, or by the sole remaining director. A board member appointed or elected under this section is appointed for the unexpired term of the seat being filled. A director elected or appointed to fill a vacancy shall be elected or appointed for the unexpired term of the predecessor in office. Any seat on the Board of Directors to be filled by reason of an increase in the number of directors may be filled by the Board of Directors, but only for a term of office continuing until the next election of directors by the Members or, if the Association has no Members or no Members having the right to vote thereon, for such term of office as is provided in the Articles of Incorporation.
A vacancy that will occur at a specific later date, by reason of a resignation effective at such later date, may be filled before the vacancy occurs. However, the new director may not take office until the vacancy occurs.
COMMENTS: Allows the board to appoint vacancies and conforms more to the intent of Florida statutes governing HOAs. This change will allow the board to operate at full strength even though a director may move out of the community or decide they are unable to serve out their term.
Item #5
Amending Article VI, Section 6(G) of the Declaration of Covenants, Conditions, Easements and Restrictions for Lake Sawyer South
to read as follows:
G. To employ such persons or to contract with such independent contractors or managing agents as shall be reasonably required in order for the Association to carry out, perform and discharge all or any part of its duties, obligations and responsibilities pursuant to this Declaration and the Articles of Incorporation; provided, however, that any such employment contract or contract with any independent contractor or managing agent for a term of more than one (1) year shall, by its express terms, be terminable (i) for cause at any time upon not more than thirty (30) days written notice by the Association and (ii) without cause at any time after one (1) year upon not more than sixty (60) days written notice by either party; and provided further, that any such contract shall otherwise be subject to the provisions of Section 7 of this Article VI.
The Association shall not enter into a contract with nor employ in any manner any member of the Association or their immediate family or any contractor, managing agent, or other entity whose majority ownership or controlling interests belong to a member of the Association or their immediate family, or any resident in the community overseen by the Association where the monetary value for goods and services rendered exceeds $2,000 annually. The term “immediate family” shall mean related by blood, marriage, or adoption to the following degree: parent, grandparent, child, grandchild, or sibling
COMMENTS: Removes potential for conflicts of interest and appearance of impropriety. Also relieves the burden of replacing friends and neighbors and avoiding hard feelings that lead to future conflicts.
Item #6
Amending Article X, Section 18 of the Declaration of Covenants, Conditions, Easements and Restrictions for Lake Sawyer South
to read as follows:
Section 18. Approved Builders.
All construction, reconstruction and repair work shall be performed by a licensed residential building contractor approved by the Declarant or the ARB. If a Lot has been sold to an approved contractor, any subsequent purchaser shall be required to comply with this paragraph.
COMMENTS: Section is obsolete. Community is complete and there are no vacant lots.
Item #7
Amending Article X, Section 35 of the Declaration of Covenants, Conditions, Easements and Restrictions for Lake Sawyer South
to read as follows:
Section 35. Trash Containers and Collection.
No garbage or trash shall be placed or kept on any Lot, except in covered containers of a type, size and style which are pre-approved by the ARB or specifically permitted under the Architectural Guidelines provided by the county. Such containers shall be screened from view from outside of the Lot except when they are being made available for collection and then only for the shortest time reasonably necessary to effect such collection. Rubbish, trash and garbage must be removed from the Lots and may not be permitted to accumulate on any Lot. Outdoor incinerators may not be kept or maintained on any Lot.
The ARB may establish rules to allow for outside storage as long as the containers are screened from view. ARB approval for outside storage is required. Notwithstanding Section 12 of this Article X, partial fences of a material, color and type approved by the ARB are permitted for this purpose provided they are not on the street side of any Lot. The requirement to completely screen the containers from view outside the Lot shall remain in effect. If outside storage becomes a nuisance due to wildlife, odor or any other factors that the Association deems unacceptable, the Association retains the right to revoke the privilege of outside storage on an individual basis.
COMMENTS: Since the county issued new trash containers, many owners have asked for relief to store them outside. This change will allow for that as long as certain strict requirements are followed.
Item #8
Amending Article X, Section 41 of the Declaration of Covenants, Conditions, Easements and Restrictions for Lake Sawyer South, as created by the fourth Amendment to the Declaration recorded on 2/21/2007
to read as follows:
Section 41. Signs.
No signs or advertising of any kind, including, but not necessarily limited to, “for sale”, “for rent” or signs identifying lenders, architects, general contractors, builders or lenders performing work at, or financing for improvements constructed upon, any Lot, may be displayed on Residential Property, including from the windows of, or otherwise from, any buildings, structures or other improvements of any kind, nature or description located on such Residential Property, except (1)(I) signs of the size, materials, substance and appearance as are approved from time to time by the ARB and (2)(ii) in the locations upon Residential Property as are approved from time to time by the ARB. Any Owner desiring to erect a sign upon Residential Property shall contact the Association to obtain an approved sign and directions as to the locations upon the Residential Property upon which such approved sign may be located. Approved signs must display a contact phone number. Except as hereinabove provided, no signs or advertising materials displaying the names or otherwise advertising that Residential Property is for sale or for rent, or the identity of lenders, contractors, subcontractors, real estate brokers or similar entities employed in connection with the construction, installation, alteration or other improvement upon, or the sale, financing or leasing of, Residential Property, shall be permitted on any Residential Property, and no such signs or advertising materials may be displayed from the windows of, or otherwise from, any buildings, structures or other improvements of any kind, nature or description located on such Residential Property.
Signs identifying contractors performing construction work or making improvements to lots may be displayed but only for the duration of the actual construction. All contractor signs must display a contact phone number.
Election signs: Only one election sign per lot may be displayed and only for one week prior to and one day after election day.
COMMENTS: Restrictions on “For Sale” or “For Rent” signs are unchanged. Allowing contractor signs to be displayed during construction will provide the Association a means to contact them should the need arise. Many residents have asked to display election signs. This will now be permitted with certain restrictions.
Item #9
Amending Article VIII, Section 8 of the Declaration of Covenants, Conditions, Easements and Restrictions for Lake Sawyer South, as amended by the third Amendment to the Declaration recorded on 09/25/2006
to read as follows:
Section 8. Working Capital.
For Lots any dwelling sold after the date this declaration is recorded in the Public Records of Orange County, Florida, upon acquisition of record title to a Lot in addition to any Assessment that may be due with respect to such Lot, by the first purchaser thereof other than (i) the Declarant and (ii) an Owner who purchases solely for the purpose of constructing a dwelling thereon for resale, and in addition to any Assessment that may be due with respect to such Lots for such year, a contribution shall be made by or on behalf of the such first purchaser to the working capital of the Association in the amount of Five Hundred and no/100 dollars ($500.00), in an amount equal to the greater of: (i) Five Hundred and No/100 dollars 500.00, or (ii) two-twelfths (2/12) of the amount of the Annual Assessment per Lot for the calendar year in which such acquisition occurs, which contribution is not refundable, shall be in addition to, and not in lieu of, the Annual Assessment levied on the Lot and shall not be considered an advance payment of any portion of the Annual Assessment. This amount shall be paid to the Association and shall be used for operating expenses and other expenses incurred by the Association pursuant to the terms of the Declaration and the Bylaws.
COMMENTS: Provides additional capital to the Association in order to make material improvements to the community. Previously, only purchasers of the brand new homes were required to contribute to the capital improvements fund. This change will not in any way affect current owners and will only be paid by future buyers as a one-time contribution.
DELETION INDICATED BY STRIKE-OUT, NEW TEXT INDICATED BY UNDERLINE.