PREAMBLE
TO
RALEIGH-PINE
RIDGE TOWNHOMES ASSOCIATION
COVENANTS
& BY-LAWS
The Board of Directors of
Raleigh-Pine Ridge Townhomes Association having duly adopted rules and
regulations for parking according to the procedures set forth in the
Declaration of Covenants and the By-laws of the Association,
hereby add said rules and regulations as a permanent part of the Declaration of
Covenants.
1993-1994
CERTIFICATE OF RATIFICATION
AND PROMULGATION OF RULES
AND REGULATIONS OF
WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Pine
Ridge Townhomes, as recorded in Book 3298, Page 924 of the Wake County
Registry, provides in Article X, Section 1 that the Board of Directors of the
Association shall have the power to foumulate, amend, publish, and enforce
reasonable rules and regulations concerning the use and enjoyment of the front
yard space of each Lot and the Common Areas;
WHEREAS, the duly adopted Bylaws of Raleigh-Pine Ridge Townhomes Association provide
in Article VIII, Section 1 that the Board of Directors shall have the power to
adopt and publish rules and regulations governing the use of the Common Area
and facilities, and the personal conduct of the members and their guests
thereon, and to establish penalties for the infraction thereof; and
WHEREAS, Article III, Section 4 of the Declaration describes the parking
rights for those residing in Raleigh-Pine Ridge Townhomes Association and
directs that the Association shall from time to time adopt appropriate rules
for the temporary parking of boats, trailers, campers, motor homes, trucks,
tractors and the like upon the Properties; and
WHEREAS, the Board of Directors finds that there are various areas of conduct
that need to be addressed by the Board of Directors under its rule-making and
enforcement authority as set forth in the Declaration and Bylaws;
NOW THEREFORE BE IT RESOLVED that the following rules and regulations be adopted
by the Board:
PARKING RIGHTS. Ownership
of each Lot shall entitle the owner or owners thereof to the use of not more
than two automobile parking spaces, which shall be as near and convenient to
said Lot as reasonably possible, together with the right of ingress and egress
in and upon said parking areas. The Association may permanently assign one
vehicular parking space for each dwelling, such space to be as near the
dwelling to which it is assigned as is reasonably possible. The Association may
regulate the parking of boats, trailers, and other such items on the Common Area.
There is not sufficient parking area within the community to accommodate the
parking of boats, campers, trailers, and recreational vehicles on the property
of Raleigh-Pine Ridge Townhomes Association. Therefore the parking of boats,
trailers and recreational vehicles for more than a total of forty-eight hours
during any period of seven days in Common Areas is prohibited.
RULES AND REGULATIONS
FOR VEHICLES FOR
RALEIGH-PINE RIDGE TOWNHOMES
ASSOCIATION. INC.
General Rules
1. Parking of any vehicles on the street is permitted only as provided
by the Declaration of Covenants recorded at Book 3298 Page 924 in the Wake
County Registry, the Association’s Bylaws, or as set forth herein.
2. Vehicles may not be
parked, maintained, or stored so as to obstruct passage of other vehicles on
the Common Area of the Association’s property (hereinafter referred to as
“Property”). A vehicle must be parked within permitted limits or within the
lines or other marked boundaries for a single vehicle.
3. All vehicles are restricted to paved surfaces, including the
streets, courts, driveways and parking areas on the Property. There shall be no
parking on routes of passage across any other portion of the Property,
including all lawn areas, sidewalks and fire lanes. Vehicles shall not be
parked, maintained or stored in a manner, which interferes with ingress to or
egress from a driveway or other portion of the Property.
4. No more than two vehicles per Townhome shall be parked at any given
time on the Property. Parking shall not obstruct any sidewalk or exit from any
Townhome.
5. No Townhome Owner or invitee of a Townhome Owner shall park a vehicle
on a driveway or on any other area reserved for the exclusive use of another
without the latter’s express permission.
6. Parking, maintenance or storage of Non-Permitted vehicles on any
portion of the Property is expressly prohibited. However, commercial vehicles
may park in permitted areas when used for their normal commercial purposes, so
long as such parking is only for the period of time necessary to provide the
commercial services requested by a Resident or the Association.
Non-Permitted vehicles include: vehicles that are not operable for
public streets and highways, vehicles that lack tag or registration, vehicles that have flat tires.
Enforcement
1. The provisions set forth herein are intended to supplement, but not
replace the Declaration of Covenants which is filly applicable to all
violations under these Rules and Regulations.
2. In the event of a violation of these Rules and Regulations, the
Board or its duly authorized agents shall send a Notice of Violation to the
Townhome Owner if known, or shall affix a Parking Violation Notice to the
vehicle. Said Notices shall contain such information as the Board deems
appropriate and shall be in a form similar to that which is attached hereto as
Exhibit A.
If the violation of these
rules is not rectified within ten (10) days after the Notice is affixed to the
vehicle or the Notice is mailed to the owner, the Board shall have the authority
to tow the vehicle at the owner’s expense.
3. In addition to providing notice of any violation in accordance with
the above provisions, the Board may also take any or all of the following
actions:
(a) Record, to the extent feasible, the vehicle identification,
including license number, vehicle sticker, date of violation, type of violation
and vehicle owner, if known, on a permanent record of violations, in a form
similar to that which is attached hereto as Exhibit B. All such records of
violations shall be kept by the Association in the manner designated by the
Board.
(b) Identify or attempt to identify the Townhome Owner whose
vehicle is causing the violation or whose guest or invitee is causing the
violation.
(c) Identity or attempt to identify the vehicle owner, if not a Townhome owner, and notify that owner of the violation.
(d) Notify the local governmental authorities, asking that they issue a citation and remove the vehicle.
4. The Board shall have authority to tow vehicles ten days after notice
as provided in paragraph 2. In addition, the Board shall have authority to tow
vehicles without providing advance notice when a vehicle is parked in a fire
lane, is parked in such a manner as to interfere with ingress and egress of
other vehicles, is parked in another Townhome Owner’s assigned parking space,
or is parked in a manner which presents an immediate danger to the Property or
to the health, safety and welfare of any person thereon, the vehicle may be towed
immediately without prior notice to the vehicle owner.
5. Anytime a vehicle is towed
pursuant to these Rules and Regulations, all costs and expenses incurred,
including legal costs, shall be the responsibility of the vehicle owner. In the
event the vehicle owner is a Townhome Owner, Occupant or the guest of either the Townhome Owner or occupant, the costs and
expenses may be charged to the Townhome Owner as a part of his share of the
Common Expense.
6. The Board may enter an agreement with an appropriate company or
individual to effect removal of vehicles pursuant to authorization under these
Rules. Said company or individual may only tow a specific
vehicles after being contacted by the Association or its duly authorized
agent; there shall be no general authorization given to a towing company to tow
unauthorized vehicles or vehicles which are parked in violation of these Rules
and Regulation.
EXHIBIT A
PARKING VIOLATION NOTICE
DATE…………
TIME………….
This vehicle is parked in
violation of the Rules and Regulations of RALEIGH-PINE RIDGE TOWNHOMES
ASSOCIATION, INC. for the following reason(s):
This is your (Circle One): First
Second……………violation of the Association Parking Rules.
UPON A THIRD OR SUBSEQUENT VIOLATION, YOUR VEHICLE
MAY BE TOWED WITHOUT NOTICE
TO YOU. NOTE: IF YOU WISH TO PROTEST
THIS VIOLATION, YOU MUST CONTACT THE
UNDERSIGNED IN WRITING.
Please contact the
undersigned immediately. If you do not contact us or if you do not rectify the
violation, the Association will have your vehicle towed ten (10) days after the
date of this notice.
_______________________________________
Signature of Authorized
Agent
Agent’s Name, address, telephone no.
EXHIBIT B
RECORD OF VEHICLE VIOLATION
Date:……….
Time:………..
Vehicle Information:
Vehicle Identification Number:…………………….
License Plate:……………..
Municipality
& Sticker No.:…………………..
Association Parking Sticker No. (optional):……………….
Make
of Car:…………………
Model:……………..
Color:………………
Where Parked:…………………
Owners Name, Address, or Townhome
No., if known:
……………………………………………………….
Were any photographs taken? Yes…………… No……………..
If yes, please attach to this form or forward
as soon as possible. Include name, address and
phone number of
photographer and date taken.
Type of Violation Type of Violation:……………
Completed by: ……………….
(signature)
…………………………………………..
(Name printed)
BYLAWS
OF
RALEIGH-PINE RIDGE TOVNHOHES
ASSOCIATION, INC.
ARTICLE I
NAME & LOCATION. The
name of the corporation is Raleigh-Pine Ridge Townhomes Association, Inc.,
herein referred to as the “Association” The principle office of the corporation
shall be located in
ARTICLE II
Section 1.-“Association” shall mean
and refer to Raleigh-Pine Ridge Townhomes Association, 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 affecting Property now within the
jurisdiction of the Association and such additions thereto as may hereafter be
brought within the jurisdiction of the Association.
Section 3.- “Common Area” shall mean
all real property and amenities located thereon owned by the Association for
the common use and enjoyment of members or designated classes of members of the
Association, including Limited Common Area, all private streets, all water
lines outside city streets (except within townhome lots) which serve Pine Ridge
Townhomes and all sewer lines outside of city streets or city easements (except
within townhome lots) which serve Pine Ridge Townhomes.
Section 4.- “Limited
Common Area” shall mean those portions of the Common Area that serve only a
limited number of lots and which may include, but specifically is not limited
to, driveways and walkways, parking buildings or areas serving only specified
lots, and such other similar areas as may be designated by the Association.
Section 5.-“
Section 6.-“Lot in Use” shall mean
and refer to any lot on which a dwelling unit, including, without limitation,
completion of the installation of final floor covering, interior paint and
wallpaper and all appliances or for which a certificate of occupancy has been
issued by the City of Raleigh. In addition to the foregoing, a Lot may become a
Lot in Use by contractual agreement between the Declarant and the Owner of such
Section 7.-“Member” shall mean and
refer to every person or entity who holds a membership
in the Association.
Section 8.-“Owner” shall mean and
refer to the record owner, whether one or more persons or entities, of a fee
simple title to any Lot which is a part of the Properties, including contract
sellers but excluding those having such interest merely for the performance of
an obligation.
Section 9.-“Declarant” shall mean and
refer to Lake Ridge Associates, a
Section 10.-“Declaration” shall mean
and refer to the Declaration of Covenants, Conditions and Restrictions
applicable to the Properties recorded in the Office of the Register of Deeds of
Wake County, North Carolina.
ARTICLE III
MEHBERSHIP
Section
1. Membership
- Every person or entity who is a record owner of a fee or undivided fee
interest in any
member and the
Section 2. Suspension of Membership - During any period in which a member
shall be in default in the payment of any annual or special assessment levied
by the Association the voting rights and rights to use of recreational
facilities located in the Common Areas (if any) of such member may be suspended
by the Board of Directors until such assessment has been paid. Such rights of a
member may also be suspended, after notice and hearing, for a period not to
exceed 30 days, for violation of any rules and regulations established by the
Board of Directors governing the use of the Common Area and facilities.
ARTICLE IV
PROPERTY
RIGHTS: RIGHTS OF ENJOYMENT
Section 1.
- Each member shall be entitled to the use and enjoyment of the Common Area and
facilities as provided in the Declaration. Any member may delegate his rights
of enjoyment of the Common Area and facilities to the members of his family,
his tenants or contract purchasers, who reside on the property. Such member
shall notify the secretary in writing of the name of any such delegee. The
rights and privileges of such delegee are subject to suspension to the same extent
as those of the member.
ARTICLE V
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
Section 1. Number - The affairs of this Association shall be managed by a
Board of not less than three (3), not more than nine (9) directors, who need
not be members of the Association.
Section 2. Election - At the first annual meeting the members shall elect
one-third of the directors for a term of one year, one-third of the directors
for a term of two years and one-third of the directors for a term of three
years; and at each annual meeting thereafter the members shall elect one-third
of the directors for a term of three years, and thereafter until their
successors are elected and qualified.
Section
3. Removal - Any director may be
removed from the board, with or without cause, by a majority vote of the
members of the Association. In the event of death, resignation or removal of a
director, his successor shall be selected by the remaining members of the Board
and shall serve for the unexpired term of his predecessor.
Section
4. Compensation
- No director shall receive compensation for any service he may render to the
Association in the capacity of director. However, any director may be
reimbursed for his actual expenses incurred in the performance of his duties.
Section
5. Action
Taken Without a Meeting - The directors shall have the right to take any
action in the absence of a meeting which they could take at a meeting by
obtaining the written approval of all the directors. Any action so approved
shall have the same effect as though taken at a meeting of the directors.
ARTICLE VI
MEETINGS OF DIRECTORS
Section 1. Regular Meetings - Regular meeting of the
Board of Directors shall be held annually, without notice, after the annual
meeting of members as provided in Article X, Section 1. In addition, the Board
of Directors may provide, by resolution, the time and place for the holding of
additional regular meetings. Should said meetings fall upon a legal holiday,
then that meeting shall be held at the same time on the next day which in not a
legal holiday.
Section 2. Special Meetings - Special meetings
of the Board shall be held when called by the President of the Association, or
by any two directors, after not less than three (3) days notice to each
director.
Section 3. quorum - A
majority of the number of directors shall constitute a quorum for the
transaction of business. Every shall be erected one or
made by a majority of the directors present at a duly held meeting at which a
quorum is present shall be regarded as the act of the Board.
ARTICLE VII
NOMINATION AND
ELECTION OF DIRECTORS
Section 1. Nomination - Nomination
for election to the Board of Directors shall be made by a Nominating Committee.
Nominations may also be made from the floor at the annual meeting. The Nominating
Committee shall consist of a Chairman, who shall be a member of the Board of
Directors, and two or more members of the Association. The Nominating Committee
shall be appointed by the Board of Directors prior to each annual meeting of
the members, to serve from the close of such annual meeting until the close of
the next annual meeting and such appointment shall be announced at each annual
meeting. The Nominating Committee shall make as many nominations for election
to the Board of Directors as it shall in its discretion determine, but not less
than the number of vacancies that are to be filled. Such nominations may be
made from among members or non-members.
Section 2. Election - Election
to the Board of Directors shall be by secret written ballot. At such election
the members or their proxies may cast, in respect to each vacancy, as
many votes as they are entitled to exercise under the provisions of the
Declaration. The persons receiving the largest number of votes shall be
elected. Cumulative voting is not permitted.
ARTICLE
VIII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers - The Board
of Directors shall have power:
(a) To adopt and amend and publish rules and
regulations governing the use of the Common Area and facilities, and the personal
conduct of the members and their guests thereon, and to establish penalties for
the infraction thereof;
(b) To exercise for the Association all powers,
duties and authority vested in or delegated to this Association not reserved to
the membership by other provisions of these Bylaws, the Articles of
Incorporation or the Declaration;
(c) To 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; and
(d) To employ a manager, an independent contractor, or such other
employees as they deem necessary, and to prescribe their duties.
Section 2. Duties - It shall be
the duty of the Board of Directors:
(a) To cause to be kept a
complete record of all its acts (Report of the Association) and corporate
affairs (Annual Financial Statement) and to present said statements thereof to
the members at the annual meeting of the members. Also, to present such
statements at any special meeting, when such statements are requested in
writing by one-fourth (1/4) of the Class A members who are entitled to vote;
(b) To supervise all officers,
agents and employees of the Association, and to see that their duties are
properly performed;
(c) As more fully provided herein and in the Declaration;
(1) To fix the amount of the
annual assessment against each Lot at lease thirty (30) days in advance of each
annual assessment period, as hereinafter provided in Article XII, and
(2) To send written notice of
each assessment to every Owner subject thereto at lease thirty (30) days in
advance of each annual assessment period;
(d) To issue, or to cause an
appropriate officer to issue, upon demand by any person, a certificate setting
forth whether any assessment has been paid. A reasonable charge may be made by
the board for the issuance of these certificates. Such certificate shall be
conclusive evidence of any assessment therein stated to have been paid;
(e) To procure and maintain adequate liability insurance, and to
procure adequate hazard insurance on property owned by the Association;
(f) To cause all officers or employees having fiscal
responsibilities to be bonded, as it may deem appropriate;
(g)
To cause the Common Area, and the Limited Common Area, the improvements
on the Common Area and Limited Common Area and the Townhomes and Townhome Lots
to be maintained;
(h)
To cause the payment of ad valorem taxes and public assessments levied
against the property of the Association; and
(i)
To direct and supervise the affairs of the Association and require the
Association to fulfill all of its obligations and duties as set forth in the
Declaration.
(j)
ARTICLE
IX
COMMITTEES
Section
1. - The Association may
appoint an Architectural Control Committee provided in the Declaration and a
Nominating Committee as provided in these Bylaws. In addition, the Board of
Directors may appoint other committees as deemed appropriate in carrying out
its purposes, such as:
1. A Recreation Committee
which shall advise the Board of Directors on all matters pertaining to the
recreational program and activities of the Association and shall perform such
other functions as the Board, in its discretion, determines;
2. A Maintenance Committee
which shall advise the Board of Directors on all matters pertaining to the
maintenance, repair or improvement of the properties, and shall perform such
other functions as the Board in its discretion, determines;
3. A Publicity
Committee which shall inform the members of all activities and functions
of the Association and shall, after consulting with the Board of Directors,
make such public releases and announcements as are in the best interests of the
Association;
4. An Audit Committee
which shall supervise the annual audit of the Association’s books and approve
the annual budget and statement of income and expenditures to be presented to
the membership at its regular meeting as provided in Article XI, Section 8(d)
of these Bylaws. The Treasurer shall be an ex-officio member of the
Committee.
Section
2. - It shall be the duty of
each committee to receive complaints from members on any matter involving
Association functions, duties, and activities within its field of
responsibility. It shall dispose of such complaints as it deems appropriate or
refer them to such other committee, director or officer of the Association as
is further concerned with the matter presented.
ARTICLE X
MEETINGS OF MEMBERS
Section
1. Annual
Meetings - The annual meeting of the members shall be held at such time and
at such place as is fixed by the Board of Directors. The Directors may change
the date of the annual meeting from time to time.
Section 2. Special Meetings - Special meetings of the members may be
called at any time by the President or by the Board of Directors, or upon
written request of the members who are entitled to vote one-fourth (1/4) of all
of the votes of the entire membership or who are entitled to vote one-fourth
(1/4) of the votes of the Class A membership.
Section 3. Notice of Meetings Written notice of each meeting of the members
shall be given by, or at the direction of, the secretary or person authorized
to call the meeting, by mailing a copy of such notice, postage prepaid, at
least 15 days before such meeting is to make assessments for capital
improvements, or to increase annual assessments, in which case a 30-day notice
shall be given addressed to the member’s address last appearing on the books of
the Association, or supplied by such member to the Association for the purpose
of notice. Such notice shall specify the place, day and hour of the meeting,
and, in the case of a special meeting, the purpose of the meeting.
Section 4. Quorum - The presence at the meeting of members entitled to
case, or of proxies entitled to cast, one-tenth (1/10) of the votes of each
class of membership shall constitute a quorum for any action except as
otherwise provided in the Articles of Incorporation, the Declaration, or these
Bylaws. If, however, such quorum shall not be present or represented at any
meeting, the members entitled to vote thereat shall have power to adjourn the
meeting from time to time, without notice other than announcement at the
meeting, until a quorum as aforesaid shall be present or be represented.
ARTICLE XI
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices - The officers of this Association shall
be a President and Vice-President, who shall at all times be members of the
Board of Directors, a Secretary and a Treasurer, and such other officers as the
Board may from time to time by resolution create.
Section 2. Election of Officers - The election of officers shall take
place at the first meeting of the Board of Directors following each annual
meeting of the members.
Section
3. Term
- The officers of this Association shall be elected annually by the Board and
each shall hold office for one (1) year unless he shall sooner resign, or shall
be removed, or otherwise disqualified to serve.
Section
4. Special
Appointments - The Board may elect such other officers and the affairs of
the Association may require, each of whom shall hold office for such period,
have such authority, and perform such duties as the Board may, from time to
time, determine.
Section
5. Resignation
and Removal - Any officer may be removed from office with or without cause
by the Board. Any officer may resign at such time by giving written notice to
the Board, the President or the Secretary. Such resignation shall take effect
on the date of receipt of such notice or at any later time specified therein,
and unless otherwise specified therein, the acceptance of such resignation
shall not be necessary to make it effective.
Section
6. Vacancies
- A vacancy in any office may be filled in the manner prescribed for regular
election. The officer elected to such vacancy shall serve for the remainder of
the term of the officer he replaces.
Section
7. Multiple
Offices - The offices of Secretary and Treasurer may be held by the same
person. No person shall simultaneously hold more than one of any of the other
offices except in the case of special offices created pursuant to Section 4 of
this Article.
Section
8. Duties
- The duties of the officers are as follows:
(a) President - The
President shall preside at all meetings of the Board of Directors and all
meetings of the members; shall see that orders and resolutions of the Board are
carried out; shall sign all leases, mortgages, deeds and other written
instruments and shall co-sign all promissory notes.
(b) Vice-President - The Vice-President shall act in the
place and instead of the President in the event of his absence, inability or
refusal to act, and shall exercise and discharge such other duties as may be
required of him by the Board.
(c) Secretary - The
Secretary shall record the votes and keep the minutes of all the meetings and
proceedings of the Board and Property to unit ownership shall teseal of the
Association and affix it on all papers requiring said seal; serve notice of
meetings of the Board and of the members; serve notice of meetings of the Board
and of the members; keep appropriate current records showing the members of the
Association together with their addresses, and shall perform such other duties
as required by the Board.
(d) Treasurer - The Treasurer
shall receive and deposit in appropriate bank accounts all monies of the
Association and shall disburse such funds as directed by resolution of the
Board of Directors; keep proper books of account; cause an annual audit of the
Association books to be made by an independent certified public accountant at
the completion of each fiscal year; and shall prepare an annual budget and a
statement of income and expenditures to be presented to the membership at its
regular annual meeting, and deliver a copy of each to the members.
ARTICLE XII
ASSESSMENTS
Section 1. Creation of the
Lien and Personal
Obligations of Assessments -
Notwithstanding any provision or inference herein to the contrary, the
assessment for each Lot which is not a Lot in Use shall be twenty-five percent
(25%) of the assessment of a
Section
2. Purpose
of Assessments - The assessments levied by the Association shall be used
exclusively for the purpose of promoting the recreation, health, safety and
welfare of the residents in the Properties and in particular for the
improvement and maintenance of the Properties, services and facilities, devoted
to this purpose and related to the use and enjoyment of the Common Area, and of
the homes situated upon the Properties and for payment of all common expenses.
Section 3. Basis and Maximum of
Annual Assessments - Until December 31, 1984, the maximum annual assessment
shall be not in excess of $480.00 per
(a) From and after December 31, 1984, the maximum annual assessment
may be increased effective January 1 of each year without a vote of the
membership, by a percentage which may not exceed the greater of five percent
(5%) or the percentage increase reflected in the U.S. City Average, Consumer
Price Index - United States and selected areas for urban wage earners
and clerical workers,
all items most
recent index and percentage changes from selected dates
(published by the U.S. Bureau of Labor Statistics, Washington, D.C.), or such
other Index as may succeed the Consumer Price Index, for the twelve-month
period ending the immediately preceding October 1.
(b) From and after December 31, 1984, the maximum annual assessment
may be increased above that established by the Consumer Price Index formula by
an affirmative vote of the members, provided that any such change shall
have the assent of two-thirds (2/3) of the votes of each class of members who
are voting in person or by proxy, at a meeting duly called for this purpose,
written notice of which setting forth the purpose of the meeting, shall be sent
to all members not less than thirty (30) days nor more than sixty (60) days in
advance of the meeting. The limitations hereof shall not apply to any change in
the maximum and basis of the assessments undertaken as an incident to a merger
or consolidation in which the Association is authorized to participate under
its Articles of Incorporation.
(c) Criteria for Establishing Annual Assessment - In
establishing the annual assessment for any assessment year, the Board of
Directors shall consider all current costs and expenses of the Association, any
accrued debts, and reserves for future needs, but it may not fix the installments
during an assessment year, or over a period of two (2) or more assessment
years, as the Board, in its discretion, shall determine to be appropriate.
Such an assessment shall be
in addition to, and not in lieu of, the annual assessments provided for in
Section 3 and the special assessments provided for in Section 4 of this
Article.
Section 6. Uniform
Rate - Both annual and special assessments must be fixed at a uniform rate
for all Lots and Lots in Use and on a per Lot and per
Section 7. Quorum for Any Action
Authorized Under Sections 3. 4 and 5 - At the first meeting called, as provided in
Sections 3, 4 and 5 of this Article, the presence at the meeting of members or
of proxies entitled to cast sixty percent (60%) of all the votes of each class
of membership shall constitute a quorum. If the required quorum is not
forthcoming at any meeting, a subsequent meeting may be called, subject to the
notice requirement set forth in Sections 3, 4 and 5, and the required quorum at
any such subsequent meeting shall be one-half (1/2) of the required quorum at
the next preceding meeting. No such subsequent meeting shall be held more than
sixty (60) days following the next preceding meeting.
Section
8. Date of Commencement of Annual
Assessments: Due Dates-The annual
assessments provided for Lots in Use, and Lots shall be paid in equal monthly
installments and the payment of such shall commence as to each lot in use and
lot on the first day of the first month following the date that all Common Area
adjacent to the lot in use or lot in question has been conveyed to the
Association. Notwithstanding the foregoing, the Declarant may, at its election,
postpone in whole or in part, the date on which any assessment shall commence
provided that the Declarant maintains the Common Areas for which no assessment
is being collected during the period of such postponement. The first annual
assessment shall be adjusted according to the number of months remaining in the
calendar year. The Board of Directors shall fix the amount of the annual
assessment against each lot at least thirty (30) days in advance of each annual
assessment period. Written notice of the annual assessment shall be sent to
every owner subject thereto. The due date shall be established by the Board of
Directors. The association, upon demand at any time, shall furnish a
certificate in writing signed by an officer of the Association setting forth
whether the assessments on a specified lot have been paid. A properly executed
certificate of the Association as to the status of assessments on a lot is
binding upon the Association as of the date of its issuance.
Section 9. Effect of Non-Payment of Assessments: Remedies of the Association - Any
assessments or portion thereof which are not paid when due shall be delinquent.
If the assessment or portion thereof is not paid within thirty (30) days after
the due date, the same shall bear interest from the date of delinquency at the
highest rate then permitted by the regulations of the Federal Housing
Administration (FHA) and the regulations of the Veterans Administration (VA);
provided, however, that if the highest rate permitted by FHA and VA are not the
same, the interest rate shall be the lower of rates permitted by these two
agencies. The Association may bring an action against the owner personally
obligated to pay the same, and interest, costs, late payment charges and
reasonable attorney’s fees of any such action shall be added to the amount of
such assessment. If any law permits the filing of a lien and the foreclosure of
such lien, or other similar action, as a method of enforcement of the
Associations right to collect assessments, the Association may use such remedy.
No owner may waive or otherwise escape liability for the assessment provided
for herein by nonuse of the common area or abandonment of his lot.
Section 10. Subordination of the Lien to Mortgages - The lien of the
assessments provided for herein on any Lot shall be subordinate to the lien of
any first mortgage on such
Section 11. Different Assessments Allowed for
Lots 1-14 - The Declarant’s
plan of development contemplates the development and construction of three
noncontiguous areas of townhomes as follows:
(a)
Those townhomes south of
(b)
Those townhomes located in the northernmost section of the property
described in Exhibit A and being adjacent to Roller Court, (Lots 107-149); and
(c)
Those townhomes located in the eastern most section of the property
described in Exhibit A (east of
Lots 1 through 14 will have private parking
pads directly connected to
ARTICLE XIII
BOOK AND RECORDS
The books, records and papers of the
Association shall at all times, during reasonable business hours, be subject to
inspection by any member or his designated agent. The Declaration, the Articles
of Incorporation and the Bylaws of the Association shall be available for
inspection by any member at the principal office of the Association, where
copies may be purchased at a reasonable cost.
ARTICLE XIV
CORPORATE SEAL
The Association shall have a seal in circular
form having within its circumference the words “Raleigh-Pine Ridge Townhomes
Association, Inc.” and in its center the words, “Corporate Seal”.
ARTICLE XV
AMENDMENTS
Section 1 - These Bylaws may be
amended at a regular or special meeting of the members, by a vote of a majority
of a quorum of the members present in person or by proxy.
Section 2 - Notwithstanding any
provision in this instrument to the contrary, as long as the Declarant controls
the Association and if the subdivision has been approved by the Veterans
Administration and the Federal Housing Administration for loans guaranteed by
the Veterans Administration or the Federal Housing Administration (but not
otherwise), any amendment of these Bylaws will require the prior approval of
the Federal Housing Administration or the Veterans Administration.
Section 3 - In the case of any
conflict between the Declaration and these Bylaws, the Declaration shall
control.
ARTICLE XVI
MISCELLANEOUS
The fiscal year of the Association shall
begin on the first day of January and end on the 31st day of December of every
year, except that the first fiscal year shall begin on the date of
incorporation.
IN WITNESS WHEREOF, these Bylaws are hereby
adopted as the by-laws of RALEIGH-PINE RIDGE HOMEOWNERS ASSOCIATION, INC. on
this 8th day of March, 1985.
Copied 2007