Page 65 - Fontaine Oaks Handbook Directors 062923

Butler, Whittier,
LaLiberty &
Mitchell, P.A.
, ... ; .... Attoreys at Law
.
.. . '' .. \._ .,.: ..
��-�c:-

David R. Butler 45 Silver Street
David R. Whittier P.O. Box 359
James M. Laliberty Waterville, Maine
James A. Mitchell 04903-0359

VIA E-MAIL Phone (207) 873-1173
Fax (207) 872-0924
October 12, 2007

Mr. Val Landry
75 Halifax Street, Unit A-C
Winslow, ME 04901

Dear Mr. Landry:

The following is meant to be a general outline of voting requirements
for the Fontaine Oaks Condominium Owners Association. For any
specific questions, the Bylaws, Condominium Declaration and the Maine
Condominium Act (nereinafter MCA) should be reviewed with that
specific question in mind. I recommend that the Secretary of your
Association keep a copy of the Declaration and all Amendments, Bylaws
and all Amendments and a copy of the MCA in one notebook.

In many instances, the Bylaws of an Association provide that the Board
of Directors hqs the authority to adopt and implement Rules and
Regulations. Your Bylaws give most of the rule making rights to the
members of the Association rather than to the Board. Your Bytaws
under Article V Fiscal Management, Section 8 Rules and Regulations (
authorize the Association by a vote of 80% of its members present in
person or by proxy to make Rules and Regulations. Your Declaration
provides uThe Board of Directors shall have the right to promulgate
rules and regulations limiting the use of the common elements to unit
owners, their guests and invitees.ll This would be done by a majority
vote of the Board. Reading these so that they are consistent with
each other, one could say that the Association members (80% of those
present) make the Rules and Regulations but the Board can in part,
limit how the common areas are used consistent with the above, by a
majority vote.

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