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The records shown below are made available solely for general
informational purposes. The Coachman's Trail Homeowners' Association makes
no representations or warranties as to the accuracy of this information
or its legal significance. The information furnished through this
medium should not be construed as a certified copy. In situations in
which the accuracy and reliability of the information contained in these
records is of paramount importance, the user is cautioned not to rely on
information made available through this medium, but instead to obtain
copies of the record certified as true and correct by the Coachman's
Trail Homeowners' Association.
BY-LAWS OF COACHMAN'S TRAIL HOMEOWNERS ASSOCIATIONNAME AND LOCATION
The name of the corporation is Coachman's Trail
Homeowners Association, hereinafter referred to as the "Association."
The principal office of the corporation shall be located at 11412
Coachman's Way, Raleigh, North Carolina, 27614, but meetings of members
and directors may be held at such places within the State of North
Carolina, County of Wake, as may be designated by the Board of
Directors.
DEFINITIONS Section 1. "Association" shall mean and refer to Coachman's Trail Homeowners Association, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property described in the Declaration of Covenants for Common Properties in Coachman's Trail Subdivision 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 owned by the Association for the common use and enjoyment of the members of the Association. Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. Section 5. "Member" shall mean and refer to every person or entity who holds a membership in the Association. Section 6. "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, excluding contract sellers and lending institutions. Section 7. "Declarant" shall mean and refer to Development Associates, Inc., and its successors and assigns.
Section 8. "Declaration" shall mean and refer to the Declaration of
Covenants for Common Properties in Coachman's Trail Subdivision
applicable to the Properties recorded in the office of the Register of
Deeds of Wake County, North Carolina.
MEMBERSHIP Section 1. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, excluding contract sellers and lending institutions, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner shall have more than one membership. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. Ownership of such Lot shall be the sole qualification for membership. As evidence of each Owner's membership, each Owner shall deliver to the office of the Association a photocopy of the page(s) of his deed(s) which contains the name of the member and Lot(s) owned by such member. Notwithstanding anything to the contrary hereinabove, contract sellers, at the option of the Board of Directors, shall become members of the Association on the first day of the thirteenth calendar month after the date on which any said contract seller takes title to a lot.
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 right to use
of the recreational facilities 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 thirty (30) days, for violation of any rules and
regulations established by the Board of Directors governing the use of
the Common Area and Facilities.
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 member of his family 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.
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE Section 1. Number and Qualification. The affairs of this Association shall be managed by a Board of twelve (12) directors, three (3) of whom shall be elected by the Class B members, and these three (3) need not be members of the Association. Beginning with the first annual meeting of the members after all Class B members have been eliminated, all directors shall be members of the Association. Section 2. Election. At the first annual meeting the Class A members shall elect two (2) directors for a term of one year, two (2) directors for a term of two years, and two (2) directors for a term of three years, and thereafter until their successors are elected and qualified. At the first annual meeting, the Class B members shall elect three (3) members who shall serve until their successors are elected and qualified or until the Class B members are eliminated, whichever shall first occur At the first annual meeting after the elimination of the Class B members, the Class A members shall (in addition to the election of three (3) directors as provided hereinabove) elect one (1) director for a term of one year, one (1) director for a term of two years, and one (1) director for a term of three years; and at each annual meeting thereafter, four (4) directors shall be elected for a term of three years each. 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.
MEETINGS OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held monthly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special Meetings. Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any three (3) directors, after not less than three (3) days notice to each director.
Section 3. Quorum. A majority of the number of Class A directors shall
constitute a quorum for the transaction of business. Every act or
decision done 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.
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 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.
Section 2. Election. Election to the Board of
Directors shall be by secret ballot. At such election the members or
their proxies may cast one vote in respect to each vacancy. The persons
receiving the largest number of votes shall be elected. Cumulative
voting is not permitted. The election shall be supervised under the
direction of the Nominating Committee which shall establish appropriate
rules of procedure. No member of the Nominating Committee shall be
nominated for election to the Board of Directors by the Nominating
Committee. This does not preclude nomination from the floor.
POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers. The Board of Directors shall have power:
Section 2. Duties. It shall be the duty of the Board of Directors:
COMMITTEES Section 1. The Board of Directors shall appoint such committees as the Board deems appropriate in carrying out the purposes of the Association, such as, but not limited to:
Section 2. It shall be the duty of each committee to receive complaints
from members on any matter involving Association functions1 duties, and
activities within its field of responsibility. It shall refer them to
the Executive Committee with recommendations for further action.
It shall be the responsibility of the Board of Directors to fill all
vacancies occurring on Standing Committees.
MEETINGS OF MEMBERS Section 1. Annual Meetings. The annual meeting of the members shall be held between January 1 and March 15 of each year at such time and place as is fixed by the Board of Directors. Section 2. Special Meetings. Special meetings of the members may be called at any time by the President or by three members of the Board of Directors, or upon written request of the members who are entitled to vote one-fourth (<) 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 or delivering a copy of such notice at least ten (10) days before such meeting to each member entitled to vote thereat, 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 case of a special meeting, the purpose of the meeting. Section 4. Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, forty percent (40%) of the votes of the Class A membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. 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.
Section 5. Proxies. At all meetings of members, each member may vote in
person or by proxy. All proxies shall be in writing and filed with the
secretary. Every proxy shall be revocable and shall automatically cease
upon conveyance by the member of his Lot.
OFFICERS AND THEIR DUTIES Section 1. Enumeration of Offices. The officers of this Association shall be a President, First Vice-President, and Second 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 as 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 any 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 by the Board of Directors. The officer shall serve for the remainder of the term of the officer he replaces. Section 7. Multiple Offices. 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:
ASSESSMENT Section 1. Creation of the Lien and Personal Obligation of Assessments. By the Declaration, each member is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments as might be voted from time to time. The annual and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest, costs, and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such Property at the time when the assessment fell due. 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. Section 3. Determination of Annual Assessments. After consideration of current maintenance costs and future needs of the Association, the Board of Directors shall fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments. In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of Class A members who are voting in person or by proxy at the annual meeting or at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than twenty (20) days nor more than sixty (60) days in advance of the annual or special meeting setting forth the purpose for which the special assessment will be considered. The amount of the proposed special assessment need not be stated. For the purpose of acting under this Section 4, the presence at the meeting of members or of proxies, entitled to cast sixty percent (60%) of the 1 total vote of the Class A membership shall constitute a quorum. For the purpose of this subsection only, no vote shall be cast under Class B. Section 5. Uniform Rate. Both annual and special assessments must be fixed at a uniform rate for all Lots. Section 6. Date of Commencement of Annual Assessments: Due Dates. The first annual assessment shall be for the balance of calendar year 1976. Thereafter, 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 due date. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall upon demand at any time furnish a certificate in writing1 signed by an officer of the Association, setting forth whether the assessments on a specified Lot have been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Non-Payment of Assessments: remedies of the Association. Any assessments which are not paid when due shall be delinquent If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring action at law against the Owner personally obligated to pay same, and interest, costs, late payment charges and reasonable attorney's fees or any such action shall be added to the amount of each assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Section 8. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a decree of foreclosure under such mortgage or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such assessments as to payments thereof which became due prior to such 1 sale or transfer. No sale or transfer shall relieve such a Lot from liability for any assessments thereafter becoming due or from the lien thereof.
Section 9. Exempt Property. The following property subject to the
Declaration shall be exempt from the assessments created therein: (a)
all properties dedicated to and accepted by a local public authority,
(b) the Common Area, and (c) all properties owned by a charitable or
nonprofit organization exempt from taxation by the laws of the State of
North Carolina. However, no land or improvements devoted to dwelling
use shall be exempt from said assessments.
BOOKS AND RECORDS CORPORATE SEAL AMENDMENTS Section 1. Any portion or all of these By-Laws may be amended from time to time by a two-thirds (2/3) vote of the members of the Board of Directors after thirty (30) days written notice of the proposed change except Articles I and II; Article III, Section 1; Article IV; Article V, Sections 2 and 4; Articles XII and XIII. These Articles may be amended by two-thirds (2/3) vote of a quorum of members present in person or by proxy.
Section 2. In the case of any conflict between the Articles of
Incorporation and these By-Laws, the Articles shall control; and in the
case of any conflict between the Declaration and these By-Laws1 the
Declaration shall control.
MISCELLANEOUS *These particular Articles were amended at the general membership meeting of November 28, 1978. |