LOOKOUT POINT CONDOMINIUM ASSOCIATION, INC. NOTICE OF SPECIAL MEETING A special meeting will be held in Cocoa Beach Library's Von Thron Conference Room at 6:00 PM tuesday, 26 May 2009. Matters Set Forth ----------------- 1. Rollcall, establish quorem exists with proxies. 2. Minutes read from Annual Meeting. 3. Treasurer Report: Current checking/savings balances 5. Old Business: Assessment approval 6. New Business: David Frank requests a ballot vote whether Unit 10 has the right to garage 7, and has provided a ballot explaining the issue in a stamped-addressed envelope distributed with this notice. Ballot envelopes will be opened at the meeting. ----------------- If not attending, please return the proxy provided. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LOOKOUT POINT CONDOMINIUM ASSOCIATION, INC. P R O X Y SPECIAL MEETING 26 May 2009 The undersigned hereby appoints _______________________________ OR if not specified, the Secretary of the Association, agent, with the power of substitution for and in the name, place, and stead of the undersigned, to vote as proxy at the membership meeting of the Association, to be held at Cocoa Beach Library tuesday 26 May 2009 at 6PM and any adjournment thereof according to the number of votes the undersigned would be entitled to vote if present, on the matters set forth in the Notice of Meeting, a copy of which has been received by the undersigned. In no event shall this proxy be voted for a period longer than 90 days after the date of the first meeting for which it was given. _____ ______ ________________________________________ Date Unit(s) Signature - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To: Owner Unit ____ Below history supports my assertion that Unit 10 never lost its right to garage 7 when it was sold by Marilyn Burkart. --------------------------------------------------------------- Unit 10 was sold by John Burkart, President of Woodland Developers in 1983 indentured with garage 7. After the sell of Unit 5 in 1985 with NO garage, John and Marilyn Burkart owned NO units and had NO developer rights. In 1986 John and Marilyn Burkart acquired Unit 10 with garage 7. In 1989 Marilyn Burkart sold Unit 10 to me leaving her with NO property at Lookout Point Condominium. In 1990, she acquired Unit 5 after filing a warranty deed stating it had the right to garage 7. My lawyer, Catherine Stadler, has expressed the opinion that "the right to a garage (regardless of which one), was appurtenant to each unit that was sold with a garage (thus excluding unit 5 from ever having access to a garage)." ----------------------------------------------------- Please review above, and then enter (agree) or (disagree) below as future guidance to officers responding to any legal inquiry into the Association's position in this matter, and return in ballot envelope provided. Thank you, David Frank Unit 10 I _________________ that Unit 10 has the right to garage 7. (agree)(disagree) _____ ______ ________________________________________ Date Unit(s) Signature