BELVEDERE PROPERTY OWNERS ASSOCIATION, INC.
BY-LAWS
ARTICLE I ORGANIZATION
The Belvedere Property Owners Association, Inc. hereinafter referred to as the
Association, shall be composed of two types of memberships:
Members: home or condominium owners residing within the legal geographical
limits of Belvedere Plantation in Hampstead, North Carolina.
Associate Members: (1) Owners of homes, condominiums or other properties
which are located within the geographical limits of Belvedere Plantation and not
residing at Belvedere Plantation. (2) Renters residing on such properties.
ARTICLE II PURPOSES
This association does not contemplate pecuniary gain or profit to the members
thereof and no part of the Association's net income shall inure to the personal
benefit of any of its officers, committee personnel or members. The
purpose of the Association is to promote civic responsibility and awareness,
foster social fellowship and take such action as members think appropriate to
maintain property values and to preserve Belvedere Plantation as a desirable
residential community.
ARTICLE III MEMBERSHIP
Membership in the Association shall be open to those persons described in
Article I by payment of the annual dues, which shall be made to the treasurer of
the Association. For voting purposes, each household shall be entitled to
one (l) vote at a membership meeting. A husband and wife may split their
one vote. A signed proxy vote will be accepted for members in good
standing. An Associate Member will be entitled to participate in all
meetings, events and functions but will not be entitled to vote.
ARTICLE IV OFFICERS AND DUTIES
The following officers shall constitute the Board of Directors of the
Association.
PRESIDENT - shall preside at all the meetings of the members and of the Board;
shall have general and active management of the Association; shall see that all
decisions voted on by the Board and the membership are carried out; shall
exercise general control and direction of all the other officers of the
Association in the performance of their duties; shall be an ex-officio member of
all committees and shall have the powers and duties of management usually vested
in the office of the president of an association.
EXECUTIVE VICE PRESIDENT - shall act in the place and stead of President in the
event of his absence or inability to act, and shall exercise and discharge such
duties as may be required by the board. The Executive Vice President will become
the President upon the expiration of the term (s) of the incumbent President.
SECTIONAL VICE PRESIDENTS - will represent (1) SECTIONS I and IV, (2) SECTIONS
II and III, and in addition will consist of the Presidents of The Plantation
Pointe HOA, The Plantation Pointe Villas HOA, and The Greens HOA. These
individuals will represent their respective areas on the Board of Directors.
PAST PRESIDENT -shall be a non-elective office and will be held by the prior
year's President to assist the currently elected officers for the purpose of
continuity of the affairs of the Association. This is a non-voting
position.
SECRETARY - shall keep the minutes of the general and special meetings and of
the meetings of the Board of Directors; shall see that all notices are fully
given in accordance with provisions under these by-laws; shall keep a list of
the membership by name, address and telephone number; and in general, shall
perform all duties incident to the office of Secretary.
TREASURER - shall be responsible for the following activities:
Maintaining accurate books of account for the Association financial activities
Depositing Association funds in depositories approved by the Board and/or
investing funds as may be directed by the Board
Filing necessary tax returns
Disbursing funds as provided in the By-Laws of the Association or as directed by
the Board
Maintaining records of paid memberships
Recommending an annual operating budget to the Board
Preparing periodic statements reflecting the financial position of the
Association for the Board and the membership
Acquire insurance as needed
2008 Officers
President..................George Mara
Vice President.........Jeff Beaudoin
Secretary..................Diane Hughes
Treasurer..................Mike Hackett
Section I Rep...........Doris Castellano
Section II Rep..........Jean Walsh
Past President........Bill Wilkie
ARTICLE V BOARD OF DIRECTORS
The Board of Directors will continue in office until the December election
meeting or until there successors have been duly elected. The new Board
members assume their duties immediately upon their election. They may, at
any time, appoint committees on any subject essential to the business of the
Association. Committee members must be current in their dues.
ARTICLE VI DUTIES OF THE BOARD OF DIRECTORS
The responsibilities of the Board of Directors shall be as follows:
Collect and dispense Association funds - limited to an expenditure of $200
without approval of the membership. This restriction does not apply to
Budget expenditures approved by the membership.
Appoint committees as deemed necessary. All committees are responsible to
the board.
Assume responsibility for calling special meetings should emergency action be
necessary.
Prepare agenda for general and special membership meetings.
Make recommendations to the membership for actions necessary to carry out the
purposes of the Association (See ARTICLE II).
ARTICLE VII DUES
Dues for each forthcoming year will be recommended by the Board of Directors and
then voted on by the membership at the same meeting as the vote for the new
officers takes place. Dues for first-time Members are collected according
to the following pro-rated schedule:
Application to become a new member made from:
Jan 1 through June 30 100% of the Member full year dues
July 1 through Dec. 31 50% of the Member full year dues
Member renewal dues are payable by January 31 of the new year. If an
Associate Member converts to become a first-time member, dues paid for any
remaining full quarters will be credited toward member dues for those same
quarters.
Any homeowner, husband or wife, age (90) or older is exempt from paying dues and
will be honorary members with full voting rights.
ARTICLE VIII GENERAL MEETINGS
The Association shall hold general membership meetings to be called by the Board
for the discussion of business matters not specifically designated as
responsibilities of the Board. There will be a minimum of one meeting each
calendar quarter during the year. The Board will designate a date during
the first two weeks of December for the election of officers for the forthcoming
year. All meetings will be held at a place and time as determined by the
Board. The Board will notify the membership of the Association at least fifteen
(15) days prior to the meeting. Such notice may be in the form of a
written notice and/or a notice on the Association bulleting board. The presence
of twenty percent (20%) of the Association's dues paid regular members shall
constitute a quorum for the transaction of general Association business. The
presence of thirty percent (30%) of the Association's dues paid regular members
shall constitute a quorum for action on proposals modifying the Associations
by-laws. Only dues paid regular members shall have the right to vote on issues
at Association meetings.
ARTICLE IX SPECIAL MEETINGS
A special meeting of the members may be called at any time by the President or
by the Board or upon written request by one-third (1/3) of the dues-paying
members. Such requests shall state the purpose or purposes of the proposed
meeting. Notification of a special meeting shall be the same as that for a
general meeting except for the fifteen-day requirement; this will be left to the
discretion of the Board. Business transacted at all special meetings shall
be confined to the purposes stated in the notice thereof unless two-thirds (2/3)
of the membership present at such meetings consent to the transaction of
business not stated in the notice.
ARTICLE X VACANCIES/RESIGNATIONS
If the office of any officer becomes vacant, the Board shall choose a successor
who shall hold office for the unexpired term. Resignations shall be made
in writing and submitted to the Board. The effective date will be upon
receipt of the letter of resignation by the Board unless a specific date is
requested in the letter.
ARTICLE XI LIABILITIES
The Board of Directors shall not be liable to Association members or Belvedere
property owners for errors of omission or commission in the
performance of their duties as officers of the Association, except such actions
as may be illegal.
ARTICLE XII COMPENSATION
Neither the Board of Directors nor the members shall receive compensation for
their services; however, the Board may order reimbursement to any officer or
member for expenses incurred for or on behalf of the Association.
ARTICLE XIII STANDING COMMITTEES
The Board of Directors, at the first meeting of the Board following their
election, will appoint chairpersons of the following committees annually.
Chairpersons will select members of their committees:
Welcoming/Sunshine
Architectural Review and Covenants
Historian
Social
Roads
Beautification
ARTICLE XIV NOMINATING COMMITTEE
Annually, prior to the December membership meeting, the President will select a
chairperson and three (3) Association members to serve as Nomination Committee.
They will contact prospective candidates to determine if each person will accept
the position if elected. A slate of qualified nominees will be presented
to the membership at the
December meeting. Members may make additional nominations from the floor if the
nominee is willing to accept the nomination.
ARTICLE XV AMENDMENTS TO BY-LAWS
These by-laws may be amended, repealed or altered in whole or in part, provided
the proposed change is submitted in writing to the Board prior to a scheduled
Board meeting, reviewed by the Board and included in a general or special
meeting notification.
ADOPTED AS AMENDED; SEPTEMBER 23, 2004
REVISIONS/AMENDMENTS
Article VII, Paragraph 1, Dues Dec. 3, 1998
"Dues for first-time.." was "Dues for the year.."
Article VII, Paragraph 4, Honorary Members Sept. 7, 2000
Add Entire Paragraph- "Any Homeowner..."
Article VII, Paragraph 2, Application Mar. 3, 2003
Change dates for percentage of dues
Article XIII, Standing Committees Mar. 3, 2003
Add additional standing committees
Article VIII, General Meetings Sept. 23, 2004
"Change of Quorum Percentage."
BPOA/IPR
AMENDMENT OF DECLARATION OF RESTRICTIONS
BELVEDERE PLANTATION, Sections I & II
1. THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE
FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA. The size
of either flag shall be a size no greater than four feet by six feet, which is
displayed in accordance with or in a manner consistent with the patriotic
customs set forth in 4 U.S.C. paragraphs 5-10, as amended, governing the
display and use of the flag of the United States. This shall apply to
owners of property who display the flag of the United States or North Carolina
on property owned exclusively by them and does not apply to common areas,
easements, rights-of way, or other areas owned by others.
2. THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL
SIGNS. Even when display of a political sign is permitted the association
may prohibit the display of political signs earlier than 45 days before the day
of election and later than 7 days after an election and may regulate the size
and number of political signs that may be placed on an owners property if the
association's regulation is no more restrictive than any applicable city, town,
county ordinance that regulates the size and number of political signs on owners
property. If the local government in which the property is located does
not regulate the size and number of political signs on owners' property, the
association shall permit at least one political sign with the maximum dimensions
of 24 inches by 24 inches on an owners property. For the purposes of this
document, "political sign" means a sign that attempts to influence the
outcome of an election, including supporting or opposing an issue on the
election ballot. This shall apply to owners of property who display
political signs on property owned exclusively by them and does not apply to
common areas, easements, rights-of-way or other areas owned by others.
3. All lots in said subdivision shall be designated for use as or used as
single-family dwelling residences with only one dwelling per lot (no apartment(s)/out
building(s) with a separate kitchen). No more than two (2) unrelated
families may reside in a dwelling. No business employing persons, other
than the lot owner and no manufacturing or processing business or retail or
professional activity may be conducted in any house, structure or on a lot
except in activities such as construction or remodeling. No activity may
be carried on that will attract unreasonable vehicular traffic.
4. In Section I no residence of less than 1700 square feet, (by law lot[s]
purchased prior to the recording of this document is 1500 square feet) and 1500
square feet for Sections II, III, and IV of conditioned space (i.e. heated and
cooled living space) shall be constructed or located on any lot. No less
than 1200 square feet of conditioned space shall be on the first floor of a one
and one-half or two story residence. No residence shall exceed more than
two stories in height. The square feet area shall be measured by exterior
masonry of foundations.
5. No lot shall be subdivided unless such part of the subdivided lot
becomes part of a whole lot and the remainder of the subdivided lot becomes a
part of another whole lot.
6. No part of any building erected on any lot shall be nearer than 35 feet
to the front property line of said lot, nor nearer than 15 feet to any side
street boundary line, nor nearer than 10 feet to any interior side boundary
line, nor nearer than 20 feet to the rear property line. When a corner is
involved, front lot line shall be deemed to be that line which the main
structure faces. For the purposes of the restrictions in this paragraph,
eaves, steps and external chimneys shall not be considered as a part of a
building provided, however, this should not be considered to permit any portion
of a building on a lot to encroach upon another lot.
7. No single or double wide or modular home or manufactured home or
panelized home shall be allowed; or used as a residence, on any lot. Only
stick built homes, site built residential dwellings shall be constructed on any
lot. No recreational vehicle, motor home, house trailer, mobile home,
barn, tent, shack, or temporary structure of any nature shall be located on any
lot or used as a residence No residence shall be used as living
quarters prior to completion of construction. Boats and boat/utility
trailers must be parked even with or behind a residence. Boats and trailers may
not be parked curbside.
8. No advertising signs or billboards shall be erected on any lot or
displayed to the public on any lot except that one sign in front (and one in the
back if lot borders on golf course) of not more than four square feet in area
may be used to advertise the property for sale or for rent. During
construction of a new residence or remodeling of an existing residence, a sign
of not more than four square feet may be installed showing the contractor's
name, telephone number, address, lot number and address of location.
9. No water well shall be drilled on any lot for potable water without the
written permission of the water company serving the subdivision, which has been
approved by the North Carolina Utilities Commission. Easements for
installation and maintenance of utilities and drainage facilities are reserved
as shown and designated on the plat of said property. Within said
easement, no structure, planting or other material shall be placed or permitted
to remain which may damage or interfere with the installation and maintenance of
utilities, or which may change the direction of flow of drainage channels in the
easement. The easement area of each lot and all improvements in it shall
be maintained continuously by the owner of the lot, except for those
improvements for which a public authority or utility company is responsible.
10. All restrictions herein shall run with the land and shall be binding on all
parties presently owning lots, now or hereafter, in said subdivision for a
period of five (5) years from the date of the recording of the Amendment
Declaration of Restrictions. They shall be automatically extended for
successive five (5) year periods if there are no changes. These restrictions
(protective covenants) may be amended at any time by a simple majority of votes
cast, either by person or proxy by lot owners in said subdivision.
11. Sewage Disposal shall meet the approval and comply with regulations of
all local, county, state and federal appropriate governing agencies.
12. Invalidation of any one of these restrictions by Judgment or court
order shall have no affect on any of the other restrictions herein, which shall
remain in full force and effect.
13. No noxious or offensive trade or activity shall be carried on or maintained
on any lot or part of any lot, nor shall any use be made of any portion of said
property which may be or become an annoyance, nuisance or unsafe in the
neighborhood. No skateboard ramps are allowed. No domesticated farm
animals or fowls of any kind shall be raised, bred, or kept on any lots, except
that dogs, cats or other household pets may be kept, provided that they are not
kept, bred or maintained for any commercial purposes. All dogs and cats on
any lots must be kept under control of the owner(s) by county law. When
said owner(s) has his dog(s) or cat(s) outside of their property they must be
leashed at all times. In Belvedere Plantation owner(s) must clean up after
their pets. All property owners shall abide by all applicable zoning or
governmental regulations.
14. Unsightly, inoperative, junk vehicles or unsightly, inoperative or
uninspected or unregistered cars, trucks, tractors, boats or trailers and like
eyesores, cannot be maintained on the property, either prior to or after the
residence has been erected. No lot or parcel of land shall be used for
dumping or an area for abandoning, storing or dismantling and/or repairing
automobiles, trucks or other vehicles.
15. No fence shall be erected on any lot nearer the front lot lines than
the minimum building setback line or front of residence, whichever is farther
back. No fence, wall or hedge higher than 6 feet shall be erected or
maintained on any lot. No chain link fences shall be allowed on any lot
with the exception of allowances for a dog/cat kennel and outdoor swimming
pools; however they must be located only in the rear yard. No hurricane
fence, sometimes referred to as dune or snow fences, shall be allowed any closer
than 20 feet to the rear property line on any lot bordering the golf course,
sound or lakes.
16. No fence, wall hedge or shrub planting which obstructs a 100-foot
sight line shall be permitted on any corner lot. No tree or shrub shall be
permitted to remain within the sight line distance unless the foliage is
maintained at a sufficient height to prevent obstruction of such sight lines.
17. If parties hereto, or any of them, or their heirs and assigns, shall violate
or attempt to violate any of the restrictions herein, it shall be lawful for any
person or persons owning any real property in said subdivision to prosecute any
proceedings at law or in equity against the person or persons, violating or
attempting to violate any such restrictions, and either prevent him or them from
so doing or to recover damages or other dues for such violation.
18. All houses shall be completed within one year except for natural disaster
delays, which are beyond the control of the lot owner. If not, the lot may be
cleared by the Association at the lot owner's expense of all vestiges of the
construction start.
19. A covenants committee will be selected and maintained by the Association,
acting as representatives of its members who are the resident owners and
non-resident owners of the lots in Belvedere Plantation Sections I, II, III and
IV. The purpose of this committee of resident owners shall be to enforce
the Amendment of Declaration of Restrictions. This committee may also
grant relief where a hardship or inequity has been imposed by these
restrictions.
20. Prior to securing proper building permits from Pender County to start
construction or remodeling of a residence, a scaled drawing including the house
plan, site plan and a sample of all exterior materials to be used on finished
product must be submitted to the Belvedere Property Owners Association,
Incorporated Covenants Committee for review and approval. This also
includes all non-residential/out buildings
21. After completion of construction, no vehicles with a gross vehicle weight of
more than 12,000 pounds shall be parked or stored on any lot.
22. As of March 1, 2006, any change of ownership of any lot or residence in
Sections l, ll, lll and lV will require full annual mandatory membership in the
Belvedere Property Homeowners Association. Annual dues are to be assessed
by the Belvedere Property Homeowners Association and set by the By-Laws of said
Association on each lot subject to this amendment in the initial amount of $35
per year to be paid when billed by the association. This amount is subject
to change annually. These amendments to the restrictive covenants shall
run with the land and shall be binding on all future purchasers of subject lot
or residence, together with their heirs, successors and assigns until such time
as the restrictions are further amended by the Association. Failure to pay
these annual dues will cause the Association to place a lien on the lot owner(s).
Upon acquiring title to a lot or residence each new owner shall immediately give
written notice to the Secretary of the Belvedere Property Homeowners Association
stating the name(s) and address of such new owner and the lot acquired by such
new owner. If the new owner(s) fail to give the Secretary such notice within
thirty (30) days of acquiring title to such lot or residence, then the costs of
locating each new owner and reasonable record keeping costs incurred by the
Association may be assessed against said owner(s).
23. It shall be the responsibility of each resident owner to prevent the
development of any unclean, unsightly or unkempt condition of buildings or
grounds, which would tend to substantially decrease the beauty or value of the
neighborhood as a whole or the specific area. The Association reserves the
right and after written warning to have a professional landscaper correct the
deficiencies as defined above at the resident owner(s) expense, plus any
additional expenses to the Association
24. No extended vehicular parking on any road, including the easement or
shoulder, is permitted in Belvedere Plantation.
25. The Association reserves the right to collect interest fees and/or any
additional expenses, including legal fees, on any violation the lot/resident
owner(s) may impose on the Association. Under the North Carolina Planned
Community Act, effective January 1, 1999, the Court may award reasonable
attorneys' fees to the prevailing party.
26. Under the North Carolina Planned Community Act all common expenses
shall be assessed against all lot/resident owner(s). This may include
federal, state, county and city taxes or other expenses; maintenance of common
property; building(s) on common property; covenants, etc. Interest may be
charged on any past-due common expense assessment. The association may
impose reasonable charges for late payment of assessments not to exceed the
greater of twenty dollars ($20.00) per month or ten percent (10%) of any
assessment installed unpaid and after notice and an opportunity to be heard,
suspend privileges or services provided by the association (except rights of
access to lots) during any period that assessments or other amounts due and
owing to the association remain unpaid for a period of 30 days or longer.
Any assessment levied against a lot remaining unpaid for a period of 30 days or
longer shall constitute a lien on that lot when a claim of lien is filed of
record in the office of the clerk of superior court of the Pender County in the
manner provided herein.
27. The procedure for the imposition of fines or suspension of planned community
privileges or services is provided for as follows: A hearing shall be held
before the executive board or an adjudicatory panel appointed by the executive
board to determine if any lot owner should be fined or if planned community
privileges or services should be suspended pursuant to the powers granted to the
by the North Carolina Planned Community Act. Any adjudicatory panel
appointed by the executive board shall be composed of members of the association
who are not officers of the association or members of the executive board.
The lot owner charged shall be given notice of the charge, opportunity to be
heard and to present evidence, and notice of the decision. If it is
decided that a fine should be imposed, a fine not to exceed one hundred dollars
($100.00) may be imposed for the violation and without further hearing, for each
day more than five days after the decision that the violation occurs. Such
fines shall be assessments secured by liens. If it is decided that a
suspension of planned community privileges or services should be imposed, the
suspension may be continued without further hearing until the violation is
cured. The lot owner may appeal the decision of an adjudicatory panel to
the full executive board by delivering written notice of appeal to the executive
board within 15 days after the date of decision. The executive board may
affirm, vacate, or modify the prior decision of the adjudicatory body.
28. The association shall not levy, charge, or attempt to collect a
service, collection, consulting, or administration fee from any lot owner unless
the fee is expressly allowed in the declaration.
29. A lien for unpaid assessments is extinguished unless proceedings to
enforce the lien are instituted within three years after the docketing of the
claim of lien in the office of the clerk of superior court
30. A lot owner may not be required to pay attorney's fees and court costs
until the lot owner is notified in writing of the association's intent to seek
payment of attorneys' fees and court costs. The notice must be sent by
first-class mail to the property address and, if different, to the mailing
address for the lot owner in the association's records. The notice shall
set out the outstanding balance due as of the date of the notice and state that
the lot owner has 15 days from the mailing of the notice by first-class mail to
pay the outstanding balance without the attorneys' fees and court costs.
If the lot owner pays the outstanding balance within this period, then the lot
owner shall have no obligation to pat attorneys' fees and court costs. The
notice shall also inform the lot owner of the opportunity to contact a
representative of the association to discuss a payment schedule for the
outstanding balance and shall provide the name and telephone number of the
representative.
31. The association, acting through its executive board and in the board's
sole discretion, may agree to allow payment of an outstanding balance in
installments. Neither the association nor the lot owner is obligated to
offer or accept any proposed installment schedule. Reasonable
administrative fees and costs for accepting and processing installments may be
added to the outstanding balance and included
in an installment payment schedule. Reasonable attorneys' fees may be
added to the outstanding balance and included in an installment schedule only
after the lot has been given notice as stated in #30 above.
32. A judgment, decree, or order in any action brought in this declaration
shall include costs and reasonable attorneys' fees for the prevailing party.
If the lot owner does not contest the collection of debt and enforcement of a
lien after the expiration of the 15 day period following notice as required,
then reasonable attorneys' fees shall not exceed one thousand two hundred
dollars ($1,200), not including costs or expenses incurred. The collection
of debt and enforcement of a lien remain uncontested as long as the lot owner
does not dispute, contest, or raise any objection, defense, offset, or
counterclaim as to the amount or validity of the debt and lien asserted or the
association's right to collect the debt and enforce the lien. The
attorneys' fee limitation, as stated herein, shall not apply to judicial
foreclosures or to other actions to recover the sums in other court actions.
33. This declaration is in compliance with the North Carolina Planned
Community Act, effective January 1, 1999 and does comply with the amendment to
this act effective January 1, 2006.