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.