Proposed Bylaw and Covenant Amendments for 2017 Annual Meeting

At the Special meeting of the SIPOA Board of Directors on Thursday, December 29th, the Board adopted the deadline and standards for statements in support of and against proposed amendments to the SIPOA By-laws and to the Restrictive Covenants for inclusion into the Annual Meeting package to be sent to all property owners in advance of the February 18, 2017 Annual Meeting.

One statement in support of each proposed amendment and one statement against each proposed amendment will be included in the Annual Meeting package. The deadline for submission is no later than 4 pm Eastern Standard Time on Wednesday, January 4, 2017. An electronic version of such statement must be submitted in PDF format and attached to an email sent to hpaton@sipoa.org before 4 PM Eastern Standard Time on January 4, 2017, and a printed version of such statement is to be delivered by the time indicated above, and receipt acknowledged as to date and time by the SIPOA employee at the Reception Desk at the SIPOA Administration Office. The format for both electronic and printed documents is as follows:

  • Typeface: Helvetica
  • Font: 12
  • Margins: Normal, 1″: top, bottom, left, right
  • Length: Entire statement must fit on one side of one printed page only.

Content must include or respond to the following items:

  • Content: Title, Text of the proposed Bylaw or Covenant Amendment,
  • Identification of the person or entity submitting the statement; and
  • Statement must address each of the following four (4) questions
  1. What is the benefit to the SIPOA Community and all of its members that the proposed Bylaw or Covenant Amendment is intended to achieve?
  2. What is the intended and likely impact of the proposed Bylaw or Covenant Amendment on current process(es), SIPOA personnel, actions, and financial costs if the amendment were adopted?
  3. What are the intended and likely changes to process(es), SIPOA personnel, actions, and financial costs to SIPOA if the proposed Bylaw or Covenant Amendment is adopted?
  4. What are potential risks to SIPOA’s not for profit status (IRS Code Section 501(c)(4)), and to the Covenant and Bylaw requirement that “…the purpose and business of SIPOA [is to]…preserve the Property values and the quality of life in the [Seabrook Island Development] if the proposed Bylaw or Covenant Amendment is adopted”?

Four proposed amendments to the SIPOA Bylaws and Protective Covenants will appear on the Annual Meeting ballot/proxy as follows:

  1. An amendment to the Protective Covenants to correct the standard set out in the current Article 36 regarding modification of the Covenants and to SIPOA’s Bylaws, because the wording of the current Article 36 has caused some confusion in how to apply the standard. The Board of Directors adopted a recommendation to change this standard to state that modifications or revisions to the Protective Covenants or SIPOA Bylaws must be approved by Valid Votes equal to sixty percent (60%) or more of the Valid Votes. Click here to read the red-lined version.
  2. An amendment to the Bylaws recognizing that among the skills expected or required of a member of the Board of Directors, it is preferable that any candidate for the Board should have a facility with and knowledge of computer and mobile technology. The proposed amendment adopted by the Board updates the extent and scope of such preferred working knowledge. Click here to read the red-lined version.
  3. An amendment to the Bylaws providing for the potential for the removal of a Director by action of the Board of Directors after repeated violation of the recently adopted Directors Code of Conduct. Under South Carolina state law, actions of a Board member cannot result in dismissal unless the Board is given the authority in the bylaws to remove a director. The proposed amendment to the Bylaws adopted by the Board calls for the potential for removal from the BOD only after a private and/or public reprimand, repeated violations of the Code of Conduct and a hearing and an affirmative vote by at least 75% of the entire BOD excluding the subject director. Further, under South Carolina state law, the removal option may apply only to directors elected after adoption of such a change to the Bylaws, so it would not apply to any of the Directors currently sitting. Click here to read the red-lined version.
  4. An amendment to the Bylaws proposed via petitions signed by more than 125 property owners in good standing to eliminate the SIPOA Nominating Committee completely and substitute for the Nominating Committee a self-nomination process by which any person who meets the minimum qualifications set forth in Section 5.1 of the Bylaws, may simply place their name into contention for election to the Board. The amendment also eliminates language in the current Bylaws that establishes a duty on the part of the SIPOA Board President, that the President “shall endeavor to ensure that SIPOA fosters and maintains productive relationships with local municipalities, businesses and other organizations (such as the Town of Seabrook Island, the Seabrook Island Club, … and other entities as appropriate) in order to coordinate efforts on matters of mutual interest”. Click here to read the red-lined version and petition. 

All documents linked above can be found on our website, at;
https://sipoa.org/amendments/
A link has also been added to the homepage.

To be adopted at the Annual Meeting, each Amendment must receive a majority of Valid Votes cast at the annual meeting at which a Quorum exists.

Should you wish to do so, please submit your statement in support of or in opposition to any or all of the proposed amendments following the format, requirements and submission deadline outlined above. If multiple statements are submitted, Heather Paton, SIPOA’s Executive Director, will select a representative statement from each side to be included in the Annual Meeting package.

-Submitted by SIPOA

This entry was posted in SIPOA. Bookmark the permalink.

One Response to Proposed Bylaw and Covenant Amendments for 2017 Annual Meeting

  1. Pingback: Correction on the form for Submitting Opposing or Supporting Statements for Proposed Bylaw or Covenant Change | Tidelines

Comments are closed.