[Login][Search][Register]
CC&R ARTICLE 14: ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES
14.1 Annexation by Declarant.
Although not obligated to do so, Declarant reserves the right to develop as single family residential subdivisions Additional Lands which would be in addition to and would be nearby the land described in Exhibit “A.”  At any time within fifteen (15) years of the date of recording of this Declaration, Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Property without the assent of the members of the Association; PROVIDED, however, that the annexation of Additional Lands described in this Section shall be adjacent to the then existing Project and have received the approval required under Section 15.8.  Such Additional Lands shall be deemed “adjacent” to the existing Project even if separated therefrom by land which:  is owned by Declarant, the Association or the Lot Owners as tenants-in-common; or is owned by or dedicated to the public or a governmental agency or instrumentality; or is available for the use or benefit of the Association or Lot Owners by easement or otherwise.  If such annexation shall not have received the approval required under Section 15.8, then such annexation must have the assent of two-thirds (2/3) of the members of the Association in the manner provided in Section 14.2.
 
14.2 Non-Declarant Annexation.
Annexation of additional properties (other than Declarant annexations provided for in Section 14.1 hereof) shall require the assent of two-thirds (2/3) of the members of the Association, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days or more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting.  At this meeting the presence of members or of proxies entitled to cast sixty percent (60%) of the votes shall constitute a quorum.  If the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set forth above and the required quorum at such subsequent meeting shall be one-half (1/2) of the required quorum of the proceeding meeting.  No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.  In the event two-thirds (2/3) of the members are not present in person or by proxy, members not present may give their written consent to the action taken thereat.  Until all Class B membership terminates, annexation of Additional Properties under this Section shall also require the prior written approval of the Declarant.