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From John Heter, Tuscany Board President - Answers to Members Questions
Posted on Aug 24th, 2018
ANNUAL MEETING COMPILATION OF
QUESTION: Will D.R. Horton be at the Annual meetings?
QUESTION: Will D.R. Horton turnover all association documents upon transition?
ANSWER: Yes. All documents and inventory of documents will be provided to the incoming Board of Directors and the management company. Any documents not obtained from Gold Crown Management will be requested by D.R. Horton.
QUESTION: What are the duties of the Sub Association Board of Directors?
ANSWER: The By-Laws for the Sub-Regimes are for your particular regimes. (EXAMPLE: Cecina - refer to the By-Laws, Article III, Section B Power and Duties.) Management will be conducting workshops with the incoming Board of Directors after the transition occurs on August 25, 2018.
QUESTION: What authority does a Sub Association Board of Directors have?
ANSWER: This is defined in the Association’s By-Laws as noted above.
QUESTION: Was there a recent Amendment to the Tuscany Master Governing Documents.
ANSWER: Yes. A 6th Amendment was filed on August 23, 2018 in the Horry County Clerk’s Office; Book 4136 at Page 2218. See attached.
QUESTION: How will the master Board of Directors be chosen/elected?
ANSWER: Pursuant to Sixth Amendment to Declaration of Covenants, Conditions, and Restrictions for Tuscany Master Association;
Section 3.3. of Exhibit D of the Declaration is deleted in its entirety.
Section 3.4(b) of Exhibit D of the Declaration is deleted in its entirety and replaced with the following:
Subsequent to the Existence of Class II Membership. Upon termination of the Class II Membership, directors shall be elected by the Board of Directors of each Neighborhood (each, a "Neighborhood Board") and hold office as follows:
The Association shall call a special meeting to be held at which the Neighborhood Boards shall elect five (5) directors to serve until the next annual meeting of the Members. Each Neighborhood Board shall be entitled to appoint one (!) director to the Board of Directors, each director also referred to as a "Neighborhood Representative". At the next annual meeting of the Members following termination of Class II Membership, each Neighborhood Board shall appoint a director. The directors representing Bella, Carillion and Carrarra shall serve for two (2) year terms and the directors representing Cecina and Lucca shall serve for one (I) year terms. Otherwise, the directors shall hold office until death, resignation or removal by a majority vote of their Neighborhood Board. In such case, the Neighborhood Board shall appoint a director to serve the remainder of the director's tenn. At the expiration of the initial term of office· of each director, a successor shall be appointed by the Neighborhood Board for a term of two (2) years. There shall always be at least one member of the Board of Directors from each Neighborhood at all times.
Thereafter, directors shall be appointed by the Neighborhood Board at the Association's annual meeting. Directors may be elected to serve any number of consecutive terms.
QUESTION: How will the neighborhood Representatives be chosen/elected?
ANSWER: See Above 6th Amendment.
QUESTION: What type of issues will they (Neighborhood Representatives) vote on and will the Master Board be obliged to follow their recommendations/mandates? How will the Master Board interact w/Neighborhood Representatives?
ANSWER: See Above 6th Amendment; defined within the Tuscany Master CC&Rs and By-Laws.
QUESTION: When will the Tuscany Master Association be turned over?
ANSWER: The Tuscany Master Association will set a date after the Sub-Regime Boards are elected. Notice of the Annual/Special Meeting will be sent to the membership pursuant to the requirements outlined in the Tuscany Master Association Governing Documents.
QUESTION: Are there any pending litigation suits?
ANSWER: No. Case #2017CP2007487 was ordered dismissed with prejudice on April 9, 2018.
QUESTION: Will the Sub-Regime Board of Directors set the budget for their individual Regimes?
ANSWER: Yes. Each individual Sub-Regime Board will adopt their budgets on an annual basis. The Tuscany Master Association Board of Directors will adopt the Tuscany Master budget on an annual basis.
QUESTION: Will D.R. Horton fund independent certified audits for each sub association? Will they do the same for the master once that is turned over?
ANSWER: Yes. NOTE: D.R. Horton is favorably considering funding a forensic audit from 2012 through 2018.
QUESTION: Can future, resident controlled Master Board of Directors overturn Sub-Regime budgets? Will Sub-Regime Board of Directors have the authority to commission reserve study for their own Sub-Regimes?
ASNWER: No. Each individual Sub-Regime Board will adopt their Sub-Regimes budgets on an annual basis. The Tuscany Master Association Board of Directors will adopt the Tuscany Master budget on an annual basis.
QUESTION: Will ALL Sub-Regimes be meeting/transitioning on August 25, 2018?
ANSWER: Yes, all Sub-Regimes will be having their elections on August 25, 2018.
QUESTION: Will you accept nominations from the floor for the Sub-Regime Board of Directors at the August 25th Annual Meetings? If so, how will the election be conducted?
ANSWER: Yes, the Board will entertain nominations from the floor. If there is a nomination from the floor, and the nominee accepts their nomination, the homeowners present have the option to change their votes at that time by Ballot.
QUESTION: Can D.R. Horton controlled Board of Directors replace Sub-Regime Board of Directors/Neighborhood Representatives at will?
ANSWER: Replacement of Board of Directors and Neighborhood Representatives are defined in the Sub-Regime and Tuscany Master Association Governing Documents. After D. R. Horton transitions out of the Sub-Regimes and Tuscany Master Association, they will have no control over the Board of Directors and/or Neighborhood Representatives.
QUESTION: What are the existing committee’s purpose, tenure and definition/scope?
ANSWER: The Committee’s functions are defined in the Committee Charters, adopted by the Tuscany Master Association Board of Directors by Resolution.
QUESTION: Will the Sub-Regime Board of Directors be covered by D&O insurance?
ANSWER: Yes. The Sub-Regime Insurance Companies will be notified of the changes, once the transition occurs on August 25, 2018.