Board of Trustees



  Understanding our BOARD OF TRUSTEES:                             

On September 25, 1972, the Auditor of Franklin County, Ohio recorded the 'ENABLING DECLARATION, BY-LAWS AND DRAWINGS CREATED AND ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP UNDER CHAPTER 5311 OF THE OHIO REVISED CODE OF OHIO AND CREATING AND IMPOSING COVENANTS, CONDITIONS, ASSESSMENTS, EASEMENTS AND RESTRICTIONS FOR WINDING CREEK CONDOMINIUM' [COND. PLAT BOOK 2  PAGE 153] (the "DECLARATION AND BYLAWS").

 On January 4th, 1977, the Ohio Secretary of State recorded, under Entity #491590, THE ARTICLES OF INCORPORATION OF 'WINDING CREEK CONDOMINIUM OWNERS ASSOCIATION, INC. ("WCCOA") as a not for profit entity under Sections 1702.01 et seq., Revised Code of Ohio; and this action was authorized by Article VII, Section 7 of the Declaration in the DECLARATION AND BYLAWS (the "Incorporation Clause"), as follows:



Upon the incorporation of the not-for-profit WCCOA on January 4, 1977, all of the powers and duties of the Board of Managers of the Winding Creek Unit Owners' Association as set forth in the DECLARATION AND BYLAWS were automatically assigned to the Board of Trustees of WCCOA. 

 Pursuant to the FOURTH article of the Articles of Incorporation of WCCOA:
  

 NOW THEREFORE, it is reasonable to presume that, except for the above named five initial Trustees-- the number of Trustees, the manner of selection of successor Trustees, and their terms of office, should be identical to the number of Managers, the manner of selection of Managers, and their terms of office, based on the following:

  1. The intent of the Incorporation Clause appears merely to allow the Association to incorporate itself into a not-for-profit legal entity; and rename the Board of Managers as the Board of Trustees.
  2. The Articles of Incorporation of WCCOA, by declaring that the number of Trustees..., shall be as set forth in the Association's By-laws (Code of Regulations) support the conclusion that the words "Trustee/Trustees" are interchangeable with the words "Manager/Managers" when construing the meaning the Code-of-Regulations as such effects the governing of WCCOA.   

  What the By-Laws say about the BOARD OF MANAGERS:   


Article I of the By-Laws created and established the WINDING CREEK UNIT OWNERS' ASSOCIATION, (the "Association").

Article IV of the By-Laws declares that:
  • the Association shall be managed by a Board of three (3) Managers,
  • at each Annual Members Meeting ("AMM"), the members shall elect one Manager for a term of three years to replace the Manager whose term expires.


  

   Who are the current Trustees of WCCOA?     

This question is answered by Issue #4 of the Winding Creek Condo Reporter.



   What should we do at the 2019 Annual Members Meeting?     

At the 2019 annual meeting the following Trustee office vacancies need filled:
  • Trustee #1, for a term which expires at the AMM - 2022
  • Trustee #2, for a term which expires at the AMM - 2020
  • Trustee #3, for a term which expires at the AMM - 2021







DISCLAIMER: Not Legal Advise Disclaimer

Questions and comments regarding information on this webpage may be emailed to:
Winding.Creek.Condo.REPORTER@gmail.com
This page was last revised on 11/03/2019.

Subscribe to: Comments (Atom)