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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:
The name of the corporation is COACHMAN'S TRAIL HOMEOWNERS
ASSOCIATION, hereafter called the "Association".
The principal and
initial registered office of the Association
is located at 404 NCNB
Building, Raleigh, Wake County, North Carolina.
H. Arthur Sandman, whose address is 404 NCNB 3uilding, Raleigh, North
Carolina, is hereby appointed the initial registered agent of this
Association.
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:
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.
VOTING RIGHTS Section 1. The Association shall have two classes of voting membership:
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:
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.
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.
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.
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.
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.
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.
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.
DURATION
This corporation shall exist perpetually.
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.
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.
INCORPORATORS
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.)
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. |