BYLAWS OF

ASHE PLANTATION HOMEOWNER’S ASSOCIATION


ARTICLE I: NAME

The name Ashe Plantation Homeowner’s Association shall hereinafter be referred to as the “Association.”


ARTICLE II: DEFINITIONS

Section 1. “Association” shall mean and refer to Ashe Plantation Homeowner’s Association, its successors and assigns.

Section 2. “Properties” shall mean and refer to that certain real property described in the Restriction Agreement and such additions thereto as may hereafter be brought within the jurisdiction of the Association.

Section 3. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties.

Section 4. “Member” shall mean and refer to every owner-occupant who holds membership in the Association.

Section 5. “Owner-occupant” shall mean and refer to the record owner, whether one or more persons, of the fee simple title to any lot which is part of the Properties, but excluding those having such interest merely as security for the performance of an obligation.

Section 6. “Restrictive Agreement Covenants” shall mean and refer to the Restrictive Agreement Covenants applicable to the Properties recorded in the Office of the Register of Deeds of Mecklenburg County, North Carolina.


ARTICLE III: MEMBERSHIP

Section 1. Members are required to provide the Association with a photocopy of the page(s) of their deed(s) which contains the name of the member and the lot(s) owned by such member.

Section 2. During any period in which a member is in default in the payment of any annual dues levied by the Association, the voting rights and the right to hold office of such member may be suspended by the Board of Directors until such assessment has been paid.


ARTICLE IV: BOARD OF DIRECTORS

Section 1. The affairs of the Association shall be managed by a Board of Directors. Four of these directors will be directly elected by the members. The President, Vice President, Secretary, and Treasurer of the Association shall be the officers of the Association, shall serve on the Board of Directors, and shall be elected in accordance with Article X, Section 2. All members of the Board of Directors must be members of the Association. Other directors may be appointed by the elected Board.

Section 2. 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, a successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.

Section 3. 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 actual expenses incurred in the performance of duties.

Section 4. The directors shall have the right to take any action in the absence of a board meeting which they could take at a board meeting by obtaining written approval of all directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.


ARTICLE V: MEETINGS OF DIRECTORS

Section 1. Regular meetings of the Board of Directors shall be held at least quarterly, at such place and time as may be fixed by resolution of the Board.

Section 2. Special meetings of the Board of Directors 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. A majority of the directors shall constitute a quorum. Every act or decision made by a majority of the directors present shall be regarded as an act of the Board.


ARTICLE VI: NOMINATION AND ELECTION OF DIRECTORS

Section 1. Nominations 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 chairperson, who shall be a member of the Board of Directors, and two or more members of the Association. The committee shall be appointed by the Board of Directors prior to each annual meeting and shall serve from the close of such annual meeting until the next annual meeting. The committee shall make as many nominations as it determines necessary, but not fewer than the number of vacancies to be filled. All nominees must be members of the Association.

Section 2. Members or their proxies may cast as many votes as they are entitled to exercise for each vacancy. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.


ARTICLE VII: POWERS AND DUTIES OF THE BOARD OF DIRECTORS

Section 1. The Board of Directors shall have the power to exercise all duties and authority vested in or delegated to the Association, except those reserved to the membership by these Bylaws or the Restrictive Covenants.

It shall also be the duty of the Board:


ARTICLE VIII: COMMITTEES

The Board of Directors shall appoint a Restrictive Covenants Committee to assist in interpretation, enforcement, and revision of the Restrictive Covenants Agreement. Additional committees may be appointed as needed, including:

Each committee shall handle complaints within its area of responsibility and may refer matters to the Board or other committees as appropriate.


ARTICLE IX: MEETINGS OF MEMBERS

Section 1. At least one annual meeting of members shall be held on the second Tuesday of September each year, at a place determined by the Board of Directors.

Section 2. Special meetings may be called by the President, the Board of Directors, or upon written request of one-fourth (1/4) of the members.

Section 3. Written notice shall be given at least 15 days in advance via newsletter, posted notice, or mail to each member.

Section 4. A quorum shall consist of one-fourth (1/4) of the members entitled to vote.

Section 5. Members may vote in person or by proxy. All proxies must be in writing and filed with the Secretary.


ARTICLE X: OFFICERS AND THEIR DUTIES

Section 1. Officers shall include a President, Vice President, Secretary, and Treasurer, each serving a two-year term.

Section 2. Elections shall be staggered:

Section 3–6. (No substantive changes except grammar corrections applied.)

Section 7. Duties:


ARTICLE XI: ASSOCIATION DUES

Section 1. Fiscal year shall be the calendar year.

Section 2. Dues are payable no later than January 31st of each year.

Section 3. Adjustments require approval by two-thirds (2/3) vote of members.

Section 4. Members not current on dues may not vote or hold office.

Section 5. Upon dissolution, remaining funds shall be distributed equally among current members after obligations are paid.


ARTICLE XII: AMENDMENTS

These Bylaws may be amended at an annual or special meeting by a two-thirds (2/3) vote of members present in person or by proxy.


ARTICLE XIII: PARLIAMENTARY AUTHORITY

The current edition of Robert’s Rules of Order Newly Revised shall govern all proceedings unless otherwise specified in these Bylaws.