Before completing this form, the attorney should complete the real estate sales contract checklist (RC), form 4-1 in this manual, and the supplemental checklist (SC), form 24-19 in this chapter. Information called for in this form by item numbers corresponds with the same-numbered items on those checklists.
Notice of Special Meeting of Members on Condominium Termination Agreement and Real Estate Sales Contract
A special meeting of the members of [SC item 44] (the “Association”) will be held on [date] at [time] [a.m./p.m.] at [location] (the “Meeting”). At the Meeting, the Unit Owners as the members of the Association (the “Members”) will vote on whether to ratify the Condominium Termination Agreement and the Real Estate Sales Contract. If a Condominium Unit is owned of record by more than one person, this Notice is being separately sent to each record owner, each being a Member (for example, separate Notices to each spouse or to each co-owner).
You are being asked to vote either—
1.in person (physically present)
or—
2.by proxy.
Attachments. Included with this Notice are the following materials:
•Condominium Termination Agreement and Real Estate Sales Contract
• Certificate and Voting Roll. The Voting Roll attached to this Notice will be completed by an officer of the Association based on the vote and attached to the Condominium Termination Agreement and the Real Estate Sales Contract after the vote; the Certificate will be executed by an officer of the Association and attached to the Condominium Termination Agreement and the Real Estate Sales Contract after the vote; and the Ballot for each Member voting on the Condominium Termination Agreement and the Real Estate Sales Contract will also be attached to the Condominium Termination Agreement and the Real Estate Sales Contract after voting.
• Proxy Form. Use this form only if you cannot be physically present at the Meeting but you wish to exercise or direct someone else to exercise your vote who can be physically present at the Meeting.
Instructions for Members Attending by Proxy. In lieu of your being physically present at the Meeting, you may appoint a proxy to attend for you and to vote on your behalf. If you are attending by proxy, attendance by the proxy will count toward a quorum. If you are voting by proxy, your vote will be made by your proxy at the Meeting, your proxy will sign the Ballot on your behalf, and the proxy’s signature will be notarized at the Meeting.
If you wish to act by proxy, fill out, sign, and return the proxy form or a copy of the signed proxy form before the Meeting to [name and address]. The attached proxy form has been prepared with blank lines for you to fill in to designate the name of your proxy and to set out any directive to your proxy. It also permits you to set out an alternative person to act as your proxy if your designated person does not attend the Meeting or cast your vote at the Meeting. If a Condominium Unit is owned of record by more than one person, each person will need to complete, execute, and return a proxy form.
Voting Instructions for Members Attending Meeting Other Than by Proxy. If you are physically present at the Meeting and voting, you will be requested to sign the Ballot and have your signature notarized. Notaries will be at the Meeting.
Recordation. If the Real Estate Sales Contract is ratified and the Condominium Termination Agreement is approved, an officer of the Association will sign the Certificate, attach the signed and notarized Ballots to the Real Estate Sales Contract and the Condominium Termination Agreement, and record them with the county clerk.
Officer’s Signature and Notarization Page to Meeting Notice
Sincerely,
[SC item 44]
By:
[SC item 37], Secretary
STATE OF TEXAS
COUNTY OF [county]
This instrument was acknowledged before me on [date] by [SC item 37], secretary of [SC item 44], a Texas nonprofit corporation, on behalf of the corporation.
Notary Public, State of Texas
Ratification
The undersigned is the Owner of the Unit or Units shown with the Owner’s name and signature below in [SC item 22] (the “Condominium”), a condominium regime created pursuant to that certain Condominium Declaration for [SC item 22], recorded in [SC item 33], of the Condominium Records of [SC item 23] County, Texas, and all amendments thereto (the recorded documents and all their exhibits and amendments referred to collectively herein as “Declaration”). The undersigned is a member of the [SC item 44], a Texas nonprofit corporation (the “Association”).
As set out below, the undersigned votes for ratifying (1) the Condominium Termination Agreement for termination of the condominium regime for [SC item 22] and the sale of the real property of the Condominium, including the Unit Owner’s Unit and undivided interest in the common elements, in accordance with the provisions of section 82.068(b) of the Texas Property Code, and (2) the terms of the Real Estate Sales Contract for the sale of the property comprising the Condominium to [RC item 3] or its assigns (“Buyer”).
The undersigned Owner votes as follows:
|
Vote to Ratify 1. the Condominium Termination Agreement and 2. the Real Estate Sales Contract. |
FOR |
|
____________ |
|
|
____________ |
The undersigned Unit Owner expressly agrees and directs that this Ratification (also referred to as this “Ballot”) shall be affixed to the Condominium Termination Agreement document to which it relates to be recorded in the Official Public Records of [SC item 23] County, Texas. The ratification of the Declaration Amendments shall survive if the closing of the sale to [RC item 3], and its successors and assigns, does not occur. The undersigned recognizes that that this Ratification is irrevocable and may be rescinded as to the Condominium Termination Agreement by a document signed by the holders of no less than 80 percent of the votes in the Association. The undersigned executes this Ratification in consideration of and in reliance on the execution of Ratifications by other owners of the Condominium and acknowledges that those owners are executing those Ratifications in consideration of and reliance on the undersigned’s execution of this Ratification. Accordingly, this Ratification is irrevocable and coupled with an interest, and will survive the undersigned’s death before closing of the sale contemplated under the Condominium Termination Agreement.
Signature and Notarization Page to Ratification
Signature: _________________________________
Printed Name: ______________________________
STATE OF TEXAS
COUNTY OF _____________
This instrument was acknowledged before me on this _____ day of __________, 20___, by _____________________.
Notary Public, State of Texas