February 28, 2024
The Annual Meeting of Flint Creek Ranch Cluster has been rescheduled as follows:
DATE: Tuesday, April 2, 2024
TIME: 6:30PM Mountain Time
PLACE: ZOOM Meeting (RSVP BELOW TO GET LINK)
The board has rescheduled the previously adjourned Annual Meeting that was held on Sat Feb 17, 2024 at 12:00PM MT(Noon) via zoom, for Tues April 2, 2024 at 6:30PM MT. Simply said, our voting actions conflicted with our bylaws and therefore invalidated our annual mtg. The Annual meeting package that went out stated that voting in person would be allowed. This caused some voters who did not participate in the online ballot before the meeting to be disenfranchised. The bylaws had been modified earlier in the year to prohibit in-person voting. Therefore, we do not consider the meeting procedurally valid according to the bylaws. Consequently, we decided to adjourn the meeting to change the process and the communication.
In order to conduct a valid and legal Annual meeting, our governing documents require that a majority of the owners (38 lots) be present “in person or by proxy” in Section 1.7 of the Declarations dated May 28, 2008, and recorded on June 5, 2008, as Document No. 621959 (Roll 319, Card 259}, with the Office of the Clerk and Recorder of Butte-Silver Bow County, Montana. MCA 35-2-526(7) states "...members may participate in a meeting of the members by means of a conference telephone call or similar remote communication. Unless otherwise provided in the articles or bylaws, participation in this manner constitutes presence “in person” at a meeting."
The Board of Directors has three (3) volunteer positions for a 2-year term (March 2024 – Feb 2026). Following the resignation of the 2nd 2-year term director in January, a 1-year term position is now also available. A separate election for the 1-year term position will be held after the conclusion of the 2-year term election. If a quorum is not met, and the meeting is adjourned, the board will appoint a candidate to fill the position to ensure that road activities continue smoothly with spring approaching while we continue to reschedule and hold follow-up meetings. The budget for 2024 will also be presented. We hope you will mark your calendars and plan to attend this very important meeting. If you will not be able to attend the meeting, please complete and sign the enclosed proxy. An appointment of a proxy is effective when received by the secretary or other officer or agent authorized to tabulate votes, prior to the meeting being called to order. Should you find that you are able to attend the meeting, your proxy form will be revoked for the meeting.
We hope to see you there!
Flint Creek Ranch ClusterOwners Association Board of Directors
AGENDA
I. Call to Order
II. Roll Call, Recording of Proxies (5 minutes)
III. Quorum Established (1 minute)
IV. Approval of the Previous Annual Meeting Minutes
by the Members (1 Minutes)
V. Annual Budget Presentation and Approval (1 Minutes)
VI. Nomination of Directors (5 minutes)
VII. Roll Call Vote (17 Minutes)
VIII. Solicitation for Committee Members (5 Minutes)
IX. Report of the Officers & Committee (10 Minutes)
X. Any Other Matter Requiring Member Approval.(15 Minutes)
XI. Adjournment (total time 1 hour)
BUDGET
Please review for approval at the annual meeting.
PREVIOUS ANNUAL MEETING MINUTES (2023)
Please review these previous annual meeting minutes for approval at this meeting. Going forward, meeting minutes will be approved by a committee of members in attendance at the meeting.
PROXY
If you have a proxy on file, it will be included in the physical mailing, or a separate email will be sent to you. If you do not receive this notification, the association does not have a valid proxy on file for you.
In order to conduct a valid and legal Annual meeting, our governing documents require that a majority (51% or 38 lots) of the owners be present “in person or by proxy”. We hope that all owners will attend the Association’s Annual Meeting. However, we fully recognize the tremendous time demands on many of our owners. Historically, work, family, and other leisure-time options have resulted in a low turn-out of owners for the Association meeting. The adjournment and rescheduling of an annual meeting results in significant costs to the Association in that many items must be paid for twice. In the event a quorum is not achieved, a notice of the meeting must be re-mailed, and the meeting materials updated and re-copied.
To avoid not obtaining a quorum at future meetings, the Board is requesting that you sign and return the enclosed proxy. It is important to note that the proxy gives you 3 options now:
(1) Full proxy, meaning the proxy holder may vote on any motions on your behalf that arise.
(2) Limited, meaning they may only vote on only the directors to be elected. No other Votes.
(3) Quorum only, meaning, you are only providing attendance and no voting on your behalf.
Please also note, due to increased postal rates, that this proxy can be made valid for up to three (3) years (MCA 2021 35-2-539 (2)) but may be revoked at any time by the owner in writing or by attendance at the annual meeting.
Please fill out the enclosed proxy and return it to the address below or you may email it to fcrhoa406@gmail.com. Even though you might be planning to attend a meeting, by having a proxy on file, it will enable the Association to conduct a meeting even if something comes up at the last minute to prevent you from attending.
Thank you for your cooperation.
Sincerely Yours,
Flint Creek Ranch Cluster Owners Association Board of Directors
You may email it to fcrhoa406@gmail.com, or you may directly mail to:
FCR HOA
PO Box 41
Ramsay, MT 59748
Comments