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4/27/2021 9:05:50 PM
 
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Section 5: OPA Board Subject: Short-Term Rental Regs Msg# 1123937
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Thanks. Changing the Parke DRs sounds difficult. Sounds like there might be some issue about a majority of OPA voting members. This would presumably include all Parke voting members. So, is this a majority of total eligible to vote or a majority of those casting a vote? How is majority of “voting members” defined? Those who could vote, or those who did vote?
I don’t believe the original sections require any involvement of the board To change the DRs in any section. |
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For reference, the above message is a reply to a message where: nor does 50% + 1 = 51% Never said it did. It is 50% + 1. Just my added comment. Sometimes 51% is used in a document where majority appears to be the intent. I have no way of knowing, but suspect it results from a misunderstanding of 50% +1. The effect is to create a supermajority. A minor supermajority, perhaps, but still a supermajority. In the context of approving a DR amendment, a majority equals 50% and round to the next higher whole number if 50% is not a whole number. This fits all sections without regard to the number of lots. What is a writing signed by the board? The following is copied from the Section 16 (Parke) DR: 2. Term A. These Restrictions shall affect and run with the land and shall exist and be binding upon all parties and all persons claiming under them until January 1, 2010, after which time the same shall be extended for successive periods of ten (10) years each, unless an instrument approved in writing by the Board of Directors of the OPA and signed by a majority of the voting members of the OPA has been recorded agreeing to change the covenants in whole or in part. The Section 16 DR can be found on the OPA website along with all other DR's, the Charter and By-laws. Jim Trummel
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