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March 15, 2004 Dear Nevillewood Homeowners’ Association Member: This letter is being sent to the members of the Association to inform you of an important matter to our community. Specifically, the members are being asked to approve certain changes to the governing documents of the Nevillewood community: the Declaration of Covenants, Conditions and Restrictions originally dated December 21, 1990, as supplemented and amended (the “Covenants”), the Nevillewood Homeowners Association By-laws (the “By-laws”) and the Nevillewood Design Guidelines (the “Design Guidelines”). These are the primary documents impacting all property owners in the Nevillewood community and the internal governance of the Association. Every resident of the Nevillewood community should have received a copy of these documents in connection with their purchase of property in Nevillewood. These documents are also available on the Association’s web site at http:/www.nevillewoodhomeowners.com. In the Fall of 2002, the board of directors of the Association formed an Ad Hoc Committee of community residents to examine the governing documents. This examination was considered desirable given the age of the governing documents and the significant growth and development of the Nevillewood community since the original documents were prepared. Notice of the undertaking of this process was provided to all Association members, and the input and suggestions of the members were solicited. The board of the Association approved the recommendations of the Committee, and approval by the Association’s members was sought at the 2003 annual meeting. Due to the significant vote required to approve amendments to the Covenants and By-laws (e.g., approval by members representing 75% of the total votes of the Association) and an insufficient number of members voting at last year’s annual meeting, the recommendations were tabled at that time. Approval by the members of the implementation of these recommendations is again being sought, and a written consent requesting your approval has been enclosed to achieve this purpose. The written consent of members representing at least 75% of the total votes of the Association will be necessary to approve the amendment of the governing documents as described more fully herein. Enclosed for your review are the recommendations made by the Ad Hoc Committee. The recommendations detail the proposed changes to the Covenants, By-laws and Design Guidelines. A summary of certain of the recommendations follows: Change to Quorum Requirements in By-laws. The By-laws presently require the presence (whether in person or by proxy) of a majority of the total votes of the Association’s members to have a quorum necessary to conduct business at meetings of the members. Historically, attendance of the Association’s members at such meetings has been far below a majority, resulting in the need to repeatedly postpone scheduled meetings for the lack of a quorum until state law permits a meeting to be held by a lesser number of members attending the meeting. In an attempt eliminate this result, it is proposed to reduce the quorum requirement set forth in the By-laws from members constituting a majority of the votes of the Association to members constituting at least 20% of the total votes entitled to be cast by all members of the Association. Amendment of Covenants and By-laws. The Covenants and By-laws presently require the affirmative vote or written consent of members representing 75% of the total votes of the Association. It is proposed to reduce the required votes or consents necessary to amend the Covenants or the By-laws to the affirmative vote or written consent of members representing 2/3 of the total votes entitled to be cast by all members of the Association. Eliminate references to Country Club. The Association and The Club at Nevillewood are unaffiliated entities. It is proposed to eliminate references in the Covenants to membership in The Club in recognition that these are separate and distinct organizations. Unification. The proposed changes include attempts to eliminate any inconsistencies between the terms of the Covenants and the other rules and regulations of the community (e.g., the Design Guidelines). Additionally, the proposed changes attempt to incorporate certain rules adopted by the Association pursuant to its rulemaking authority into the governing documents. We, as your board, strongly urge you to review the enclosed recommendations in their entirety, and to support the amendment of the governing documents consistent with these recommendations. Your support and participation in this process is vital to obtain the vote required to amend the community documents. You, as a member of the Association, have the opportunity to approve the recommendations by completing the enclosed written consent, and returning it by mail, fax or email to Jack Ozanich, Community Manager. The contact information for Mr. Ozanich, is as follows:
Elite Management Services Group, Inc. 201 Gorwood Drive, Suite 203 Coraopolis, PA 15108 (724) 695-3093 (phone) (724) 695-3098 (fax) jakelite@aol.com
Please call Jack Ozanich should you have any questions regarding this matter.
Yours very truly,
The Board of Directors: Vince Sanfilippo Janet Laszewski David Grecco Cindy Iannarelli Tom Joyce
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