July 14, 1989
Dear Homeowner:
As I reported to you in the June letter to homeowners, we did not receive 75% return of ballots from any phase in regard to the change in By-laws, Article VI, Sec. 13.
Below is an explanation of the purpose of the change and attached the present By-Law and Proposed Change. The Board of Managers would like action on the change and therefore ask your cooperation in returning your ballot.
EXPLANATION OF THE REASONS FOR THE PROPOSED CHANGE IN SECTION 13 OF THE SEA PINES ASSOCIATION BY-LAWS
Your Facilities Management Board felt that the present wording of Section 13 was unfair to most condominium owners at Sea Pines1 because the wording was such that no owner could even paint or paper the unit without permission of the Board of Managers. This was certainly not the intention of the Board and this proposed change would strike in this paragraph reference to "improvement in such Unit Owner's unit."
Another proposed change would be to give the Facilities Management Board 60 Days instead of the present 30 days so that the Grounds committee could make an inspection of the requested change or alteration and report back to the Board at its next meeting, which could possibly be over 30 days from the time of request.
The third proposed change is a "housekeeping change" because the paragraph in the present Section 13 refers to "shall not apply to Units owned by the Sponsor". This sentence does not apply anymore as no units are still owned by the Sponsor (CMJ).
It is imperative that 75% of each Phase exercise its rights to vote on this important proposed change which, I am sure you will agree, is unfair to you and to the other Units owners at Sea Pines.
Please return your marked ballot in the enclosed stamped envelope, as soon as possible so that this inequity may be corrected.
Thank you.
Betty Anne Liddle
Chair, Facilities Management Board
enc. Present and Proposed Change in Article VI Section 13 Ballot
Stamped return envelope
PRESENT BYLAW: ARTICLE VI "OPERATION OF THE PROPERTY"
Section 13. Additions, Alterations (or Improvements) by Unit Owners. No Unit Owner shall make any structural addition, alteration, (or improvement in or) to his Unit, without the prior written consent thereto of the Board of Managers. The Board of Managers shall have the obligation to answer any written request by a Unit Owner for approval of a proposed structural addition, (alteration or improvement) in such Unit Owner's Unit, within (thirty (30)) days after such request, and failure to so do within the stipulated time shall constitute a consent by the Board of Managers to the proposed addition, or alteration (or improvement). Any application to any department of the Town of Brewster or to any other governmental authority for a permit to make an addition, alteration (or improvement in or) to any Unit shall be executed by the Board of Managers only without, however, incurring any liability on the part of the Board of Managers or any of them to any contractor, subcontractor or material-man on account of such addition, alteration, (or improvement), or to any person having any claim for injury to person or damage to property arising therefrom. (The provisions of this Section 13 shall not apply to Units owned by the Sponsor until such Units shall have been initially sold by the Sponsor and paid for).
ALL PROPOSED CHANGES WILL BE FOUND IN BRACKETS ( ) .
PROPOSED CHANGE IN SEA PINES ASSOCIATION BY-LAW: ARTICLE VI
Section 13. ADDITIONS OR ALTERATIONS BY UNIT OWNERS:
No unit owner shall make any structural addition or alteration to his Unit without the prior written consent thereto of the Board of Managers. The Board of Managers shall have the obligation to answer any written request by a Unit Owner for approval of a proposed structural addition or alteration in such Unit Owner's Unit within sixty (60) days after such request and failure to do so within the stipulated time shall constitute a consent by the Board of Managers to the proposed addition or alteration.
Any application to any department of the Town of Brewster or to any other governmental authority for a permit to make an addition or alteration to any Unit shall be executed by the Board of Managers only without, however, incurring any liability on the part of the Board of Managers or any of them to any contractor, sub-contractor, or material-man on account of such addition or alteration, or to any person having any claim for injury to person or damage to property arising therefrom.