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Heritage Estates ByLaws

  • ARTICLE IV MEMBERSHIP AND PROPERTY RIGHTS
  • Comments and Suggested Changes
  • Comments and Suggested Changes
  • ARTICLE V: MEETINGS OF MEMBERS
  • Comments and Suggested Changes
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  • ARTICLE VI BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
  • Comments and Suggested Changes
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  • ARTICLE VII NOMINATION AND ELECTION OF DIRECTORS
  • Comments and Suggested Changes
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  • ARTICLE VIII MEETING OF DIRECTORS
  • Comments and Suggested Changes
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  • ARTICLE IX POWERS AND DUTIES OF THE BOARD OF DIRECTORS
  • Section 1-Powers.

    The Board of Directors shall have the power to:
    a. On behalf of the Association, hold the deed to the Common Elements and Facilities.
    b. Adopt and publish Rules and Regulations governing the use of the Common Elements and Facilities and the personal conduct of the Members, and their guests thereon, and to establish penalties for the infraction thereof.
    c. Suspend the voting rights and right to use the Common Elements by a member during any period in which such member shall be in default in the payment of any assessment, dues or charge levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days for Infraction of published rules and regulations.
    d. Exercise for the Association all powers, duties and authority vested or delegated to this Association and not reserved to the Membership by other provisions of these Bylaws, the Articles of Incorporation, and any and all of those powers and other rights granted by the North Carolina Planned Community Act, currently North Carolina Statutes Sections 47F-3-102, including the following:

    1) Adopt and amend bylaws and rules and regulations;
    (2) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from lot owners;
    (3) Hire and discharge managing agents and other employees, agents, and independent contractors;
    (4) Institute, defend, or intervene in litigation or administrative proceedings on matters affecting the planned community;
    (5) Make contracts and incur liabilities; the Board may spend up to $1,000.00 without membership approval; (
    6) Regulate the use, maintenance, repair, replacement, and modification of common elements;
    (7) Cause additional improvements to be made as a part of the common elements;
    (8) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, provided that common elements may be conveyed or subjected to a security interest only pursuant to G.S. 47F-3-112;
    (9) Grant easements, leases, licenses, and concessions through or over the common elements;
    (10) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements other than the limited common elements and for services provided to lot owners;
    {11) Impose reasonable charges for late payment of annual dues and assessments, not to exceed the greater of twenty dollars ($20.00) per month or ten percent {10%) of any assessment installment unpaid and, after notice and an opportunity to be heard, suspend privileges or services provided by the association (except rights of access to lots) during any period that assessments or other amounts due and owing to the association remain unpaid for a period of 30 days or longer;
    {12) After notice and an opportunity to be heard, impose reasonable fines or suspend privileges or services provided by the association (except rights of access to lots) for reasonable periods for violations of the declaration, bylaws, and rules and regulations of the association;
    {13) Impose reasonable charges in connection with the preparation and recordation of documents, including, without limitation, amendments to the declaration or statements of unpaid assessments;
    (14) Provide for the indemnification of and maintain liability insurance for its officers, executive board, directors, employees, and agents;
    {15) Assign its right to future income, including the right to receive common expense assessments;
    {16) Exercise all other powers that may be exercised in this State by legal entities of the same type as the association; and
    {17) Exercise any other powers necessary and proper for the governance and operation of the association. {1998-199, s. 1; 2004-109, s. 4; 2005-422, s. 1.) e. Declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors.
  • Comments and Suggested Changes
  • Section 2-Duties.
    It shall be the duty of the Board of Directors to:

    a. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or any special meeting when such statement is requested in writing by one-fourth (1/4) of the Members who are entitled to vote.
    b. Supervise all officers, agents and employees of this Association and to see that their duties are properly performed.
    c. As more fully provided in the Declaration to:
    1. Fix the annual assessment against each annual assessment period.
    2. Send written notice of each assessment to every Lot owner subject thereto at least thirty {30) days in advance of each annual assessment period.
    3. Foreclose the lien against any property for which annual dues and assessments are not paid within thirty {30) days after due date or to bring an action at law against the Lot owner personally obligated to pay the same.

    d. Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificates shall be conclusive evidence of such payment.
    e. Procure and maintain adequate liability insurance covering the Association, it's Directors, Officers, agents and employees and to procure and maintain adequate hazard insurance on the real and personal property owned by the Association.
    f. Cause all officers or employees having fiscal responsibilities to be bonded, as the Board may deem appropriate.
    g. Cause the Common Elements to be maintained.
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  • ARTICLE X OFFICERS AND THEIR DUTIES
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  • ARTICLE XI COMMITTEES
  • ARTICLE XII RECORDS AND BOOKS
  • ARTICLE XIII ANNUAL DUES & ASSESSMENTS
  • Comments and Suggested Changes
  • ARTICLE XIV CORPORATE SEAL
  • ARTICLE XV AMENDMENTS
  • ARTICLE XVI MISCELLANEOUS
  • RESTRICTIVE COVENANTS