Castlegate Community

Question for anyone that knows the CCR's inside and out

Posted in: Castlegate

I have a couple of questions and how someone that knows the CCR's for Castelgate can answer for me.

1.  To be a Board member do you have to LIVE in the community, or just own a home in the Community?

2. Can someone go out and get proxy votes (signed by homeowners in the community, separtly) to vote on ANY issue, as long as it is described in the Proxy? Or can this ONLY be used for elections ?

3. This goes along with question number 2.  Can the Proxy paper be set up so the person can vote on different issues using the one signed Proxy paper. 

You may want to e-mail these questions to the board itself so you get difinitive answers.  Their e-mail is also on the main page but it's castlegatehoa@yahoo.com

That may get you answers quicker than here.

Good luck!

  • Stock
  • castlegate
  • Respected Neighbor
  • Queen Creek, AZ
  • 201 Posts
  • Respect-O-Meter: Respected Neighbor

Good questions.  Let's see what I can answer for you.

 

First, to be a board member you simply must own a property in Castlegate.  You need not live in the community.  Section 6.2 in the CC&Rs and section 3.2 in the bylaws cover board members and officers.

In response to your second question, the CC&Rs and the Bylaws can be changed but they must be approved accordingly....at least 2/3 approval of all elligible homeowners for the CC&Rs and at least 1/2 to change the Bylaws.  Voting is covered in section 6.9 of the CC&Rs and section 2.5 and 2.10 in the Bylaws.  I cannot find anywhere in the book whether or not you can go door to door and collect "votes".  It sounds to me more like getting signatures on a petition, which you do not need in order to call a vote at a meeting.  If you would like to call a vote on an issue, simply bring it to the board at a meeting and we will send out a ballot to all the homeowners.  In fact, if you know what issues you want brought to a vote, email them to " castlegatehoa@yahoo.com " or Oasis so that it will make the agenda for the meeting.  If you contact Brett at Oasis, he may be able to clarify on this issue.  Essentially, there is no way to "validate" the votes collected if you go door to door to get them, so I am guessing that the votes would not be honored if collected in that manner. 

A Proxy is good for 11 months and the appointed person may vote on as many issues that arise in that time frame, unless the proxy is revoked.  This is covered in the Proxy section of the Bylaws, section 2.5.  It does not restrict a person from Proxy voting for several members, but you must obtain a written proxy from every elligable member you intend to vote for.  If this is your intent, be sure to read section 2.5 in the Bylaws and be sure you and the one you represent FULLY understand that section.

If you need clarification or have any other questions, email us at: castlegatehoa@yahoo.com

  • Stock
  • azschaefer
  • Respected Neighbor
  • Queen Creek, AZ
  • 107 Posts
  • Respect-O-Meter: Respected Neighbor

I believe that Proxy Voting was outlawed in 2005 under HB2154 which also changed the way a board member can be removed.

Absentee ballot is used now. Our bylaws need to be reviewed and revised according to current ARS in order to be in compliance.

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