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By-Laws: Article III — Unit Owners

Section 1. Annual Meetings. Within three (3) years after title to the first unit (as described in Exhibit B of the Master Deed) has been conveyed, or in the event additional residential units are added to the Condominium pursuant to Paragraph 14 (d) of the Master Deed or five (5) years after title to the first unit (as described in Exhibit B of the Master Deed) has been conveyed, the Declarant shall call the first annual meeting of Unit Owners. Thereafter, annual meetings shall be held on the anniversary of such date each succeeding year. At such meetings vacant positions on the Board shall be ruled by a majority vote of the Unit Owners present. The Unit Owners may also transact such other business of the Condominium as may properly come before them.

Section 2. Place of Meetings. Meetings of the Unit Owners shall be held at the principal office of the Condominium, or at such other suitable place convenient to the Unit Owners as may be designated by the Board.

Section 3. Special Meetings. It shall be the duty of the President to call a special meeting of the Unit Owners as directed by the Board or upon a petition signed by Unit Owners having at least twenty percent (20%) of the votes as defined in Section 6 of Article III having been presented to the Clerk.

Section 4. Notice of Meetings. It shall be the duty of the Clerk to mail a postage prepaid notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held and any proxy materials deemed necessary by the Board, to each Unit Owner of record, at least ten (10) days prior to such meeting Upon mailing in the manner provided in these By-Laws, notice shall be considered duly served.

Section 5. Adjournment of Meetings. If any meeting of Unit Owners cannot be held because a quorum has not attended, a majority in common interest of the Unit Owners who are present at such meeting shall adjourn the meeting to a time not less than forty-eight (48) hours from the time the original meeting was called.

Section 6. Voting and Proxies. The Owner or Owners of each Unit, or some person designated by such Owner or Owners to act as proxy on his or their behalf who need not be an Owner, shall be entitled to cast the votes appurtenant to such Unit at all meetings of Unit Owners. The designation of any such proxy shall be made in writing to the Clerk but only upon forms supplied by said Clerk. The Board shall have the authority to reject proxies on forms other than those created by the Clerk. Proxies shall be revocable at any time by written notice, to the Clerk by the Owner or Owners so designating. Any or all such Owners may be present at any meeting of the Unit Owners and may vote or take any other action as a Unit Owner either in person or by proxy. Each Unit Owner (including the Declarant, if the Declarant shall then own one or more Units) shall be entitled to cast one vote at all meetings of the Unit Owners equal to the percent of interest in the Common Elements applicable to his, her or its Unit. In the event that a Unit is owned by more than one person as tenants by the entirety, joint tenants or tenants in common, all such persons must designate in writing prior to the beginning of any meeting one representative who shall cast all the votes associated with said Unit. A fiduciary shall be the voting member with respect to any Unit held in a fiduciary capacity. Any Unit or Units owned by the Board or its designee shall not be entitled to a vote.

Section 7. Majority of Unit Owners. As used in these By-Laws the term “majority of Unit Owners” shall mean those Unit Owners having more than fifty (50%) percent of. the total authorized votes of all Unit Owners determined in accordance with the provisions o f Section 6 o f this Article Ill.

Section 8. Quorum. Except as otherwise provided in these By-Laws, the presence in person or by proxy, of a majority of Unit Owners shall constitute a quorum at all meetings of the Unit Owners.

Section 9. Majority Vote. The vote of a majority of Unit Owners present at a meeting at which a quorum shall be present shall be binding upon all Unit Owners for all purposes except where in the Master Deed or these By-Laws, or by law, a higher percentage vote is required.


Source: Consolidation of the Liberty Commons Condominium Declaration of Trust and By-Laws as recorded in the Worcester Northern District Registry of Deed in Book 3785, Page 151 and the First Amendment to Liberty Commons Condominium Declaration of Trust and By-Laws as recorded in the Worcester Northern District Registry of Deed in Book 4129, Page 72.
Information Last Refreshed On: 7/13/2012