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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.

ARTICLES OF INCORPORATION OF COACHMAN'S TRAIL HOMEOWNERS ASSOCIATION

In compliance with the requirements of the laws of the State of North Carolina, the undersigned, all of whom are residents of Wake County, North Carolina, and all of whom are of full age, have this day voluntarily associated themselves together for the purpose of forming a non-profit corporation and do hereby certify:


ARTICLE I

The name of the corporation is COACHMAN'S TRAIL HOMEOWNERS ASSOCIATION, hereafter called the "Association".


ARTICLE II

The principal and initial registered office of the Association is located at 404 NCNB Building, Raleigh, Wake County, North Carolina.


ARTICLE III

H. Arthur Sandman, whose address is 404 NCNB 3uilding, Raleigh, North Carolina, is hereby appointed the initial registered agent of this Association.


ARTICLE IV
PURPOSE AND POWERS OF THE ASSOCIATION

This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for beautification, maintenance, preservation and architectural control of the residents lots and Common Area within that certain tract of property described on Schedule "A" attached hereto and made a part hereof, and to promote the health, safety and welfare of the residents within the above described property and any additions thereto as may hereafter be brought within the jurisdiction of the Association by annexation, as provided in Article IX herein and for this purpose:

  1. To exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants for Common Properties in Coachman's Trail Subdivision and Provisions of Coachman's Trail homeowners' Association, Inc., hereinafter called the "Declaration", applicable to the property and recorded in Book 2241, Page 345 of the Office of the Register of Deeds of Wake County, North Carolina, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length:
  2. To fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied Dr imposed against the property of the Association;
  3. To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association;
  4. To borrow money, to mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; and
  5. To have and to exercise any and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation Law of the State of North Carolina by law may now or hereafter have or exercise.



ARTICLE V
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. 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.


ARTICLE VI
VOTING RIGHTS

Section 1. The Association shall have two classes of voting membership:

  1. Class A. Class A members shall be all those Owners as defined in Article V with the exception of the Declarant. Class A members shall he entitled to one vote for each lot in which they hold the interest required for membership by Article V. When more than one person holds such interest in any lot, all such persons shall be members. The vote for such lot shall he exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any lot.
  2. Class B. The Class B member shall be the Declarant (as defined in the Declaration) . The Class B member shall be entitled to one (1) vote for each vote held by a Class A member provided that the Class B membership shall cease on the happening of either of the following events, whichever occurs earlier;
    1. When the declarant has sold 95% of the land affected by the Declaration, or
    2. January 1, 1981.
Section 2. The right of any Class A member to vote may he suspended by the Board of Directors for just cause pursuant to its rules and regulations.


ARTICLE VII
BOARD OF DIRECTORS

The affairs of this Association shall be managed by a Board of not less than three (3) nor more than nine (9) Directors, who need not be members of the Association. The number of Directors may be changed by amendment of the By-Laws of the Association. The names and addresses (see a certified copy for addresses) of the persons who are to act in the capacity of Directors until the selection of their successors are:

  • Frank A. Orlando
  • Jay Salem
  • Maurice H. King, Jr.
  • David H. Pattishell, Jr.
  • Terry M. Pope
  • Louis B. Alexander
  • M. Arthur Sandman
  • Louis Dickerson
  • Thomas C. Powell

At the first annual meeting, the members shall elect one-third (1/3) of the Directors for a term of one year, one-third (1/3) of the Directors for a term of two years, and one-third (1/3) of the Directors for a term of three years; and at each annual meeting thereafter the members shall elect one-third (1/3) of the Directors for a term of three years, and until their successors are elected and qualified.


ARTICLE VIII
LIABILITIES

The highest amount of indebtedness or liability, direct or contingent1 to which this Association may be subject at any one time shall not exceed $50,000.00, while there is a Class B membership, and thereafter shall not exceed 150% of its income for the previous fiscal year, provided that additional amounts may be authorized by the assent of two-thirds (2/3) of the membership.


ARTICLE IX
ANNEXATION OF ADDITIONAL PROPERTIES

Section 1. Annexation of additional property shall require the assent of two-thirds (2/3) of the votes of the Class A membership and two-thirds (2/3) of the votes of the Class B membership, if any, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. The presence of member or of proxies entitled to cast sixty percent (60%) of the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may he called subject to the notice requirement set forth above, and the required quorum at such subsequent meeting shall he one-half (1/2) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than thirty (30) days following the preceding meeting. In the event that two-thirds (2/3) of the Class B membership are not present in person or by proxy, members not present may give their written assent to the action taken thereat.


ARTICLE X
MERGERS AND CONSOLIDATIONS

To the extent permitted by law, the Association may participate in mergers and consolidations with other nonprofit corporations organized for the same or similar purposes, provided that any such merger or consolidation shall have the assent of two-thirds (2/3) of the votes of the entire Class A membership and two-thirds (2/3) of the votes of the entire Class B membership, if any.


ARTICLE XI
AUTHORITY TO MORTGAGE

Any mortgage by the Association of the Common Area defined in the Declaration shall have the assent of members entitled to cast two-thirds (2/3) of the votes of the entire Class A membership and two-thirds (2/3) of the entire Class B membership, if any.

As to lenders and purchases for value, the certification by the Secretary of the Association that the required number of members have executed instruments in conformity with this Article, shall he conclusive as to the fact recited by such certification and shall he binding upon the Association and all of its members.


ARTICLE XII
AUTHORITY TO DEDICATE

The Association shall have power to dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by members entitled to cast two-thirds (2/3) of the votes of the entire Class A membership and two-thirds (2/3) of the entire Class B membership, if any, agreeing to such dedication, sale or transfer.

As to lenders and purchases for value, the certification by the Secretary of the Association that the required number of members have executed instruments in conformity with this Article, shall be conclusive as to the fact recited by such certification and shall be binding upon the Association and all of its members.

Notwithstanding the foregoing, it is expressly provided that the Association, by authority of its Board of Directors, may grant easements across Common Areas to Wake County for any purpose and to utility companies and franchise holders for power lines, telephone lines, gas mains and cablevision. Further, and by authority of its Board of Directors, the Association may convey to the Declarant in exchange for other portions of the Properties conveyed by the Declarant to the Association. Upon such conveyance, the area thus conveyed to tie Declaramt shall cease to he Common Area, hut the area thus conveyed to the Association shall become Common Area.


ARTICLE XIII
DISSOLUTION

The Association may be dissolved with the assent given in writing and signed by members having not less than 80%, of the votes of the entire Class A membership and 100% of the votes of the entire Class B membership, if any. Upon dissolution of the Association, a dedication of the Common Areas as they then exist for public use for purposes as similar to those to which they were required to I)e devoted by the Association, shall be offered to Wake County and the areas thus dedicated shall be conveyed to Wake County. In the event that Wake County refuses to accept such dedication and conveyance, such assets shall he granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to purposes and uses that would most nearly reflect the purposes and uses to which they were required to be devoted by the Association. In the event of dissolution no member, director or officers of the Association, or any private individual shall be entitled to share in the distribution of the assets of the Association.


ARTICLE XIV
DURATION

This corporation shall exist perpetually.


ARTICLE XV

In order to take actions under Article VIII, Article X through XIII and Article XVI, there must be a duly held meeting. Written notice, setting forth the purpose of the meeting shall be given to all members not less than ten (10) days nor more than thirty (30) days in advance of the meeting. The presence of members or of proxies entitled to cast forty percent (40%) of the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth above, and the required quorum at such subsequent meeting shall be one-half (1/2) of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than thirty (30) days following the preceding meeting. Every act or decision done or made at a meeting at which a required quorum is present shall be regarded as the act of the entire membership.


ARTICLE XVI
AMENDMENTS

Amendment of these articles shall require the assent of two-thirds (2/3) of the votes of a quorum of the Class A membership, and 100% of the votes of Class B membership. If there is no Class B membership, amendment of these articles shall require the assent of two-thirds (2/3) vote of a quorum of the Class A membership.


ARTICLE XVII
INCORPORATORS

  • Frank A. Orlando
  • Jay Salem
  • Maurice H. King, Jr.
  • David H. Pattishell, Jr.
  • Terry M. Pope
  • Louis B. Alexander

IN WITNESS WHEREOF, for the purposes of forming this corporation under the laws of the State of North Carolina, we, the undersigned, constituting the incorporators of this Association, have executed these Articles of Incorporation this 2nd day of Feb., 1976.

(See a certified copy to see signatures and witness info.)

SCHEDULE A
TRACT I: That certain tract of land contining 277.852 acres in Barton's Creek Township, Wake County, North Carolina and more particularly described in that certain deed from Honeybay, Ltd. to Developmnt Associates, Inc., dated September 13, 1974, and recorded in Book 2271, page 683, Wake County Registry; provided, however, that the Portion of said tract lying on the West side of Six Forks Road containing 17 acres more or less is specifically excluded herefrom.

TRACT II: That certain tract of land containing 18.69 acres in Barton's Creek Township, Wake County, North Carolina and more particularly described in that certain deed from Annie C. Lowery (Widow) to Development Associates, Inc. dated June 4, 1974 and recorded in Book 2254, page 636, Wake County Registry.