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BY-LAWS OF EASTWOOD VILLAGE HOA, INC.
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DISCLAIMER For legal purposes use only an official printed copy of these documents, not this website posting. Errors in transcription may have occurred. Amendments have been inserted where applicable Certain editorial clarifications have been inserted in [brackets] |
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ARTICLE I -GENERAL |
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ARTICLE II - DEFINITIONS
Section 1: "ASSOCIATION" - shall mean and refer to EASTWOOD VILLAGE HOA, INC., its successors and assigns. Section 2: "PROPERTIES" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions of EASTWOOD VILLAGE, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3: "COMMON AREA" shall mean all property owned by the Association for the common use and enjoyment of the Owners. Section 4: "LOT" shall mean any recorded subdivision map of the Properties with the exception of the Common Area. Section 5: "OWNER" - shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6: "DECLARANT" - shall mean and refer to DALLAS HARRIS REAL ESTATE-CONSTRUCTION, INCORPORATED, its successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. Section 7: "DECLARATION" - shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to Eastwood Village (recorded in Book 1405 at Page 675) in the Office of the Register of Deeds of New Hanover County, North Carolina, as the same may be amended from time to time. Section 8: "MEMBER" - shall mean and refer to those persons entitled to membership as provided in the Declaration. Section 9: "OTHER DEFINITIONS" - all definitions set forth in the Declaration shall be applicable herein, unless otherwise defined herein. |
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ARTICLE IV - BOARD OF DIRECTORS Section 1. Number and Term; The number of directors
which shall constitute the Board of Directors (the "Board")
shall be not less than three and not more than seven, except that until
the first annual meeting, the initial Board of Directors shall consist
of three members. Until succeeded by directors elected at the first annual
meeting of members, directors need not be members; thereafter, at least
three directors shall be members. Within the limits above specified, the
number of directors shall be determined by the members at the annual meeting;
the directors shall initially be elected to serve staggered terms, i.e.,
two for three years, two for two years, one for one year, etc., and they
shall serve until their successors shall be elected and shall qualify.
Thereafter, each director shall be elected for a term of two years. Section 4. First Board of Directors:
The first Board shall consist of Dallas L. Harris, Kimbery H. Joye and
Terri Anne Myatt, who shall hold office and exercise all powers of the
Board until the initial annual membership meeting, anything herein to
the contrary notwithstanding; provided, any or all of said directors shall
be subject to replacement in the event of resignation or death as above
provided. l. To impose a special assessment (against any owner), not to exceed fifty dollars for each occurrence, for the violation by the owner or his guests of any Rule or Regulation adopted by the Board or the breach of any By-law contained herein, or the breach of any provision of the Declaration. Such assessment shall be in addition to any costs incurred or to be incurred by the Association as a result of the violation of the rule, regulation, By-law, or provision.
m. To use and expend the assessments collected to maintain, care for and preserve the common elements and facilities, except those portions thereof which are required to be maintained, cared for and preserved by the owners. n. To carry out the obligations of the Association under any restrictions and/or covenants running with any land submitted to the ownership of this Association or its members. o. To propose and adopt an annual budget for the property. Section 6. Liability: The directors shall not be
liable to the owners for any mistake or judgment, negligence, or otherwise
except for their own individual willful misconduct, bad faith, or gross
negligence. Section 8. Meetings: a. The first meeting of each Board newly elected by the members shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of the Board shall be held at the same place as the general members' meeting, and immediately before or after the adjournment of same. b. Special meetings shall be held whenever called by the
direction of the President or a majority of the Board. The Secretary shall
give notice of each special meeting either personally, by mail or telegram,
at least three days before the date of such meeting, but the directors
may, in writing, waive notice of the calling of the meeting, before or
after such meeting. Section 9. Order of Business: The order of business
at all meetings of the Board shall be as follows: |
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ARTICLE V - OFFICERS Section 3. Tenure of Officers: Removal; All officers shall be
subject to removal, with or without cause, at any time by action of the
Board. The Board may delegate powers of removal of subordinate officers
and agents to any officer. b. He shall have general superintendence and direction of all the other officers of the corporation, and shall see that their duties are performed properly. c. He shall submit a report of the operations of the corporation for the fiscal year to the directors whenever called for by them, and the to the members at the annual meeting, and from time to time shall report to the Board all matters within his knowledge which the interest of the corporation may require to be brought to their notice. d. He shall be an ex-officio member of all committees and shall have
the general powers and duties of supervision and management usually vested
in the office of the President of a corporation. b. He shall see that all notices are fully give in accordance with the
provisions of these By-laws or as required by law. e. In general, he shall perform all duties incidental to the office of
Secretary and such other duties as from time to time may be assigned to
him by the President or by the Board of Directors. b. He shall keep full and accurate accounts or receipts and disbursements in books belonging to the corporation, and shall deposit all monies and other valuable effects in the name and to the credit of the corporation, in such depositories as may be designated by the Board. c. He shall disburse the funds of the corporation as ordered by the Board, taking proper vouchers for such disbursements, and shall render to the President and directors, at the regular meetings of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the corporation. Such records shall be open to inspection by members at reasonable times. d. He may be required to give the Association, at the Association's cost, a bond in a sum and with one or more sureties satisfactory to the Board, for the faithful performance of the duties of his office, and the restoration to the Association, in case of his death, resignation or removal from office, of all books papers, vouchers, money or other property of whatever kind in his possession belonging to the Association. e. He shall maintain a register for the names of any mortgage holders
or lien holders on lots who have requested in writing that they be registered
and to whom the Association will give notice of default in case of nonpayment
of assessments. No responsibility of the corporation is assumed with respect
to said register except that it will give notice of default of any owner
in his obligations to the corporation to any registered mortgagee or lienor
therein, if so requested by said mortgagee or lienor. |
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SECTION VI - NOTICES Section 3. Address: The address for notice of the corporation shall be that of the Registered Agent for service of process on the corporation. |
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ARTICLE VII - FINANCES a. The Board shall determine from time to time the sum or sums necessary
and adequate for the common expense of the condominium property. At the
annual meeting of the corporation, such budget shall be submitted to the
members for approval. As approved, the budget shall constitute the basis
for all regular assessments for common expenses against unit owners, which
assessments shall be due and payable periodically as determined by the
Board. Common expenses shall include expenses for the operation, maintenance,
repair or replacement of the common elements, costs of carrying out the
powers and duties of the corporation, all insurance premiums and expenses
relating thereto, and any other expenses designated as common expense
from time to time by the Board of Directors of the corporation. |
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ARTICLE VIII - DEFAULT Section 1. Enforcement of Lien for Assessments: In the event an
owner does not pay any sums, charges, or assessments required to be paid
to the corporation by the due date, the corporation, acting on its behalf
or through its Board, may enforce its lien for assessments, or take such
other action to recover the sums, charges or assessments to which it is
entitled,in accordance with the Declaration and the statutes made and
provided for both. |
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ARTICLE IX - RULES AND REGULATIONS In addition to the other provisions of these By-laws, any Rules and Regulations (adopted by the Board), together with any subsequent changes shall govern, to the extent not inconsistent with these By-laws and the Declaration, the use of the facilities and property of the Association and the conduct of all members, their assignees, lessees, and guests, such Rules and Regulations shall be in effect until the first elected Board of Directors Meeting, at which time they shall be subject to such changes as may be deemed appropriate. Any further modifications in the Rules and Regulations may be made by the Board of Directors in accordance with Article IV, Section 5, of the By- Laws. |
| ARTICLE X - JOINT OWNERSHIP Membership may be held in the name of more than one owner. In the event ownership is in more than one person, all of the joint or common owners shall be entitled collectively to only one vote or ballot in the management of the affairs of the Association, and the vote may not be divided between joint or common owners. The manner of determining who shall cast such vote shall be [as] set forth in Article III, Section 7. |
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ARTICLE XI - INDEMNIFICATION |
| ARTICLE XII -
AMENDMENT These By-laws may be amended at any time by the affirmative vote of two-thirds (2/3) of the members at a meeting duly called for that purpose at which a quorum of more than fifty per cent (50%) is present in person or by proxy; provided that the notice of such meeting shall contain a copy of the proposed amendment verbatim which has been approved by a majority of the Directors. |
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ARTICLE XIII - CONSTRUCTION
Whenever the masculine singular form of the pronoun is used in these By-laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural, wherever the context so requires. |
| The foregoing were adopted as the By-laws of
EASTWOOD VILLAGE HOA, INC. at the meeting of its Board of Directors held
on the 20th day of August, 1989. Certified to be correct, this the 20th day of August, 1989. Secretary of First Meeting of |
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FIRST AMENDMENT IN 1995 TO BYLAWS OF EASTWOOD VILLAGE HOA, INC. EASTWOOD VILLAGE HOA, INC. |