Resident Proposed Amendment

Just to update, the Amendment to the Bylaws that was proposed by the Board did not pass. However, there is a Resident Proposed Amendment on which owners can vote. The main difference is that the phrase about assessments being subject to the discretion of the Board has been deleted. Below, you will find a copy of the Resident Proposed Amendment as well as a short explanation of what the amendment means. If you would like to vote for the amendment, there are copies of the Ballot itself as well as copies of a proxy on Jennifer Breece's door at 11605, Unit D. Please just drop them in the manila envelope that is hanging on the door. The deadline is 6 pm on December 15, 2011. If you have any questions, please feel free to call Jennifer Breece at 913-486-9068. Or you may email her at jennidog33@gmail.com.

The proposed amendment follows:

TOMAHAWK CREEK CONDOMINIUMS

RESIDENT SPONSORED AMENDMENT TO THE DECLARATION AND BYLAWS

December 15, 2011

The Bylaws Article II. Section 7. and the Declaration 8. and Exhibit B state that each unit shall be entitled to a weighted vote. A Unit may vote in person or by proxy. In no event shall more than one vote be cast with respect to any unit.

PROPOSAL TO AMEND THE DECLARATION AND BYLAWS AS FOLLOWS:

1. Section 9(a) and (c) of the Declaration and Sections 1 and 2 of the Article VI of the Bylaws are hereby amended to provide that all Common Expenses hereafter incurred (including those for Limited Common Areas and Facilities) shall be assessed against all Units in accordance with each Units percentage interest as set forth in Exhibit B of the Declaration; provided, however, any Common Expense incurred as a result of an act or omission of a Unit Owner, its tenants, or any invitee, agent or contractor of the Unit Owner or tenant, shall be assessed against the Owner’s Unit(s).

2. Section 9(b), i, ii, iii are hereby removed from the Declaration.

3. Except as provided herein, all terms and conditions of the Declaration and Bylaws, including without limitation, Section 9(a) and (c) of the Declaration and Article VI of the Bylaws, are hereby ratified and shall remain in full force and effect. This amendment shall benefit and bind the Association, the Unit Owners and their respective successors and assigns. Any capitalized terms not defined herein shall have the meaning ascribed to them in the Declaration and Bylaws.

Here is an brief explanatory statement:

Hello Neighbors,

I wanted to provide all of you with information regarding the amendment that the community can vote on. The bullet point that is highlighted in blue is how the resident amendment differed from the board amendment.

Resident Sponsored Amendment:

• All Limited Common Areas are covered by HOA dues

• Removed clause that gives a board the power to assess fees of Limited Common Areas as they deem necessary (section 9(b) in the Declaration)

• Will provide relief to residents in building 18, instead of only building 18 residents paying for the work. All residents in the community will be assessed a ONE time special assessment according to your percentage of interest. An example of the cost would be a 1 bed, 1 bath on the bottom floor would be assessed $290 (please see below for more details).

I also want to explain that this amendment does not only help the residents in building 18 but ALL residents. If another building has issues then the same assessment of fees will be followed. The future boards would not have the discretionary action to assess only those impacted but would rather have to assess the community as a whole.

The amendment also helps out the residents in building 18. Building 18 has foundation issues, which has amounted to $140,000. Each resident in that building is being assessed $10,000 to $14,000. If the amendments passes, then the community as a whole will be assessed rather then just building 18 residents. It will be a ONE time assessment based on your percentage of interest. This assessment does not change your monthly dues, it would be a ONE time additional cost. However, if neither of the amendments pass then the residents in building 18 will be responsible for the whole amount. It also means if your building has any issues you and the residents in your building will be responsible for the bill rather then the community.

If you have any questions about the Resident Sponsored Amendment feel free to call or email me.

Jennifer Breece

11605 D

913-486-9068

Jennidog33@gmail.com