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HOA Voting Process

From the Mosaic Commons Condominiums Trust - Declaration of Trust as of July 25, 2017 - this does not supersede the actual language of the declaration.

Section 4.1 Beneficial Interest; Vote.

The beneficiaries of this Trust shall be the Unit Owners. The beneficial interest in this Trust shall be divided among the Unit Owners in percentage of undivided beneficial interest appertaining to the respective Units as set forth in the Master Deed. Notwithstanding the beneficial interest in this Trust, each Unit will be entitled to one (1) vote unless otherwise specified in the Master Deed, this Declaration of Trust or the Bylaws.

Section 4.2 Each Unit to Vote by One Person.

The beneficial interest of each Unit of the Condominium shall be held and exercised as a Unit and shall not be divided among several owners of any such Unit. To that end, whenever any Unit is owned of record by more than one person, the several owners of such Unit shall (a) determine and designate which one of such owners shall be authorized and entitled to cast votes, execute instruments and otherwise exercise the rights appertaining to such Unit hereunder, and (b) notify the Trustees of such designation by a notice in writing signed by the record owners of such Unit. Any such designation shall take effect upon receipt by the Trustees and may be changed at any time and from time to time by notice as aforesaid. In the absence of any such notice of designation, the Trustees may designate any one such owner for such purposes.

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Section 5.9.3 Notice of Certain Matters; Quorum; Majority Vote.

Whenever at any meeting the Trustees propose to submit to the Unit Owners any matter with respect to which specific approval of, or action by, the Unit Owners is required by law or this Declaration of Trust, the notice of such meeting shall so state and reasonably specify such matter. Unit Owners shall attempt in good faith to reach a consensus of all Unit Owners in attendance before putting any matter to a vote, and if such a consensus is reached, the decision shall be binding and recorded in the minutes of the meeting. If a consensus is not reached, the matter may be proposed to the Unit Owners for a binding vote. Unless otherwise specified in this Declaration for a particular kind of decision, all matters shall require the approval of sixty-six and sixty-six one hundredths percent (66.66%) of all present Unit Owners at any duly called meeting at which a quorum is present. There shall be a quorum at any meeting of the Unit Owners if there are eighty percent (80%) or more Unit Owners present. Each unit shall have one vote to be deisgnated in accordance with Section 4.2.

Section 5.10 Notice to Unit Owners.

Every notice to any Unit Owner required under the provisions of this Declaration of Trust which may be deemed by the Trustees necessary or desirable in connection with the execution of the Trust created hereby or which may be ordered in any judicial proceeding shall be deemed sufficient and binding if in writing addressed to the Unit Owner and delivered to the Unit Owner's inbox in the Common House, delivered postage prepaid to such person at his or her address last appearing on the Trustees' records if other than the Unit or else mailed and delivered to the Unit at least seven days prior to the date fixed for the happening of the matter, thing or event of which such notice is given. Each Unit Owner shall have the responsibility of providing the Trustees with the correct name and mailing address of the present Unit Owner to whom they desire notices to be mailed withing sixty (60) says of acquisition of the Unit or from time to time when there are changes in the Unit Owner's name and mailing address, as to which the Trustees shall have no duty of inquiring beyond their records. Unit Owners waive any objection to the adequacy of notice regarding any particular meeting by attending the meeting.



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