Tamarack’s amended and restated Declaration of Covenants and Restrictions was recorded in Hamilton County on October 16, 2019, as Instrument 2019051241.
The collection below preserves selected covenant and bylaw screenshots with their accompanying notes. It also includes later turnover material and explanatory annotations; the timeline date is the Declaration’s recording date.
Covenants, Applicable Date & Elections
When is the Applicable Date?
Covenants §10(b)(ii) says:
What election happens after the Applicable Date?
Covenants §11(d) says:
Covenants §11(b) states that the initial Board of Directors shall hold office until the Applicable Date, and it gave M/I Homes (the Declarant) the authority to appoint board vacancies until the Applicable Date:
👆Section 11(b) leaves open the possibility that an Owner of a Lot could be appointed to the Initial Board.
At the turnover meeting in 2023, M/I exercised its right to fill vacancies under Section 11(b) and acknowledged a “transition period,” which would end at the Applicable Date:
Requirements for Annual Meetings & Elections
Bylaws §2.04: Annual Meeting Notice 10 Days in Advance
Bylaws §2.05(e): Quorum Requirement, 20% (54 of 270 Owners)
Bylaws §2.05(f)(4): Board Nominations 7 Days Before Meeting
Bylaws §2.05(d): Proxies Delivered Before Meeting Starts
Process for Filling Board Vacancies
Covenants 11(d):
Section 11(d) says that when someone resigns or is removed, a Director shall be elected for the balance of the term at the first annual meeting following that vacancy. This means When a board member is elected to fill a vacancy, it is essential to have on record which vacancy they filled.