Special Meeting November 10, 2009

The materials for the Special Meeting (November 10, 2009) have been mailed to all owners. You should be receiving them shortly. Along with the meeting details and the letter of explanation there is a voting proxy for the two Documents amendments we'll be voting upon. Please complete your proxy as soon as possible and return it to the office. That will insure that your vote is included in the event that you cannot attend the meeting.

The BOD recommends a 'YES' vote on both amendments.



Play it Again - Director Terms Amendment

It appears that there is some confusion about the links I provided in my last post since the two condominium associations referenced in those links each used two year director terms, not three as WWS did. As you can imagine, many Florida condominium associations are faced with a similar question on how to proceed with existing 2 and 3 year director terms on their BOD. These two decisions by the Florida Department of Business and Professional Regulation set the legal precedent for the handling of existing 2 and 3 year director terms.

From the Olympus link, I refer you to section 10 of the response (starting at the end of page 7) ... "The amendments (718.112(2)(d)1) are prospective in application. Therefore, for directors elected to two-year terms in February 2008, the amendment will not apply retroactively to terminate the positions mid-term. "

And further down on page 8: " Allowing currently elected directors to complete their terms will have the least disruptive impact on the association's administration."

From the Brickell Bay link, I refer you to section 10 of the response (starting about midway on page 7) ...Directors presently serving a two year staggered term who are not up for election in April 2009 may serve out their terms as the law is prospective in application and the legislature did not express an intention to make the amendment retroactive to elections held prior to its effective date or to truncate terms of validly elected directors.

We have ten remaining Directors who were elected prior to the effective date of this law. Since the law is not retroactive, those ten Directors are allowed to complete their terms.

So whether the director term in question is two years or three years:

• The amendment is prospective and not retroactive.
• Directors elected prior to the amendment's effective date may serve out their terms.

But for those remaining naysayers, Mr. Chad McClenathen, our Association attorney (who provided these references) will be available at the Special Meeting on Tuesday November 10, 2009. You may ask him directly.