Article I — Members and Registration

Section 1.1 — Members

Members shall consist of all persons and entities who now or hereafter own one or more lots within the area of jurisdiction of the association.

What Changed & Why

This entire sentence is new. The current declaration does not define who counts as a member. This revision puts the definition directly in the bylaws, where voting rules also live — so members can find the answer in one document. Who qualifies is unchanged: if you own a lot, you're a member.

Section 1.2 — Members

(a) Each Owner of a Unit is a member of the Association and shall be entitled to one membership for each Unit owned, with voting rights as described in Article 2. Corporations, partnerships, associations, and other legal entities, trustees under an express trust, and other fiduciaries, as well as natural persons may be members of the Association.

(b) The Association may, on an annual basis, by board action, request documentation for membership status. The Board or its agent may request documentation in writing and must allow at least 30 days for production of records prior to enforcing a challenge.

(c) If an individual has historically participated as a Member in good faith but is not listed as a record owner, the Association shall provide written notice and allow no fewer than 30 days to correct title documentation prior to denying eligibility to vote or run for office. During the cure period, the individual may continue participating in meetings and committees, but voting and candidacy eligibility shall be contingent upon confirmation of recorded ownership prior to the record date.

What Changed & Why

(a) Voting rights now point to Article 2 of these bylaws only, rather than splitting the reference between Article 2 and the Declaration. No change to who has voting rights.

(b) New. The board may ask for proof of ownership — but only once a year and only by formal board action. If they ask, you get at least 30 days to produce documents before any challenge is enforced. The current bylaws allow a request at any time with no timeline.

(c) New. If you've been participating in good faith — attending meetings, serving on committees — but a title documentation issue surfaces, you get at least 30 days to correct it before you can be blocked from voting or running for office. The current bylaws have no cure period; this protects members from being abruptly disenfranchised over paperwork.

Section 1.3 — Persons Under Disability

Minors or legally incompetent persons shall be eligible for membership in the Association, if otherwise qualified, but shall not be permitted to vote except through a legally appointed guardian of their estate, or in the case of a minor with no guardian, through a parent having custody of the minor.

What Changed & Why

Language simplified throughout. "Persons declared legally incompetent" is shortened to "legally incompetent persons." The guardian description drops "qualified and acting" and "voting on their behalf" as redundant. Gendered language ("his estate") is removed. The rights protected are identical — minors and legally incompetent members can still participate through a guardian or custodial parent.

Section 1.4 — Registration of Owners

The Board shall cause a register to be kept containing the names and addresses of all members of the Association and other information the Board deems necessary. Persons who acquire an ownership interest shall promptly inform the Board.

Notice required under the Act or Association's governing documents to Owners shall be sent to the Unit address unless an Owner notifies the Association in writing of an alternate address. An Owner may notify the Association of an electronic address that may, at the Board's discretion, be used for purpose of notice in addition to or in lieu of notice to a mailing address. The Association is not required to give Owners notice by more than one method or to more than one address, except as required by the Act or Declaration.

Notice to occupants, to the extent required by the Declaration or Act, shall be sent to the Unit address unless the occupants have requested in writing that notices be sent to an alternate address. An occupant may notify the Association of an electronic address that may, at the Board's discretion, be used for purpose of notice in addition to or in lieu of notice to a mailing address. Except to the extent required by the Act or Declaration, the Association is not required to give occupants notice by more than one method or to more than one address.

What Changed & Why

Two changes. First, "Persons who acquire ownership interest in a Unit" is simplified to "Persons who acquire an ownership interest" — same meaning, cleaner language.

Second, the notice consolidation sentence now explicitly states that the Association is not required to give notice by more than one method, except as required by law or the Declaration. This was implied before; stating it directly reduces ambiguity.

Removed: The paragraph requiring businesses, trusts, estates, and other legal entities to provide organizational documents to verify ownership. This requirement is addressed through Section 1.2(b)'s documentation process instead.


Shift: The second & third paragraphs may be shifted into a separate Notices article, to make tasks easier to find for volunteers.