Chimney Lakes

***CLOA General Proxy***

This is a

It has been the nature of this board to misquote Florida Statutes and CLOA By-Laws. They are misguiding you in their instructions at the bottom of the proxy for the 2001 Annual Meeting. If you will look at the last sentence in the paragraph at the bottom of the proxy, it states, "Further, per Association By-Laws, Article III, Section 5, all proxies shall be filed with the Secretary at the Association business office, 8710 Cheswick Oaks Avenue, Jacksonville, FL, 32244, no later than 5:00 p.m., November 16, 2001."

Now if you will read the aforementioned by-law, they added something. Here is the actual by-law:

"Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his lot."

The operative statement here is, "At all meetings of members (meaning where the meeting is to be held, specifically Chimney Lakes Elementary School), each member may vote in person or in proxy. The next sentence merely states proxies cannot be verbal but filed in written form with the secretary (at the meeting of the members, not where they dictate). The last sentence states that you can revoke your proxy or change it at any time prior to the meeting. They are saying to you that your proxy is no good after November 16, 2001.

They cannot break the law or change the by-laws. By-laws can only be voted in by the membership so -- BRING YOUR PROXY TO THE MEETING IF YOU CHOOSE.

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ramallen@dixie-net.com