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Posted on 12-31-14 received from Ann Pappas Bahia Bay Secretary 2014-2015 on Dec. 30, 2014 via email

(Also, the official bylaws can be viewed at the Mecklenburg County Register of Deeds web site)

BY-LAWS OF BAHIA BAY COMMUNITY ASSOCIATION, INC. (Effective May 15, 2003, Revised June 1, 2013, Revised May 17, 2014)

ARTICLE 1: Name & Address

The name of this association shall be the Bahia Bay Community Association Inc., P.O. Box 1202, Cornelius NC 28031. Web site is Bahiabay.org.

ARTICLE 2: Objectives

·         To inform existing and prospective property owners and residents of the Restrictive Covenants for the subdivision filed with the Register of Deeds for Mecklenburg County.

·         To encourage beautification of the Bahia Bay subdivision.

·         To promote social activities and camaraderie among the residents.

·         To encourage high standards of upkeep for both personal and community property throughout the neighborhood.

·           To maintain attractive entrances to the subdivision which demonstrate pride in our community.

·           To help set a high standard for all lots and homes in the subdivision.

·           To maintain the Access Lot and the facilities thereon in a manner which makes it an inviting recreational and watercraft access area for our residents.

·           To ensure continuity and pertinence of the Association's Restrictive Covenants and By-Laws.

·           To encourage participation in the Association's activities and its role in the community.

ARTICLE 3: Membership

Section 1 Membership in the Association is automatic for all property owners of any residential lot or lots in the Bahia Bay subdivision as recorded at the Mecklenburg County office of the Register of Deeds.

Section 2 Each member of the Association must pay annual membership dues as stated in Section 3 Members not in good standing or in compliance with ARTICLE 4 (Dues) are not eligible to participate in or vote at the General Meetings.

ARTICLE 4: Dues

In order to provide funding for the Association to carry out its objectives as set out above, annual membership dues shall be assessed per lot. However, where one residential structure is built upon one or more lots, those parcels being contiguous, the property owner shall be assessed as one lot for purposes of dues. Currently the annual dues are set at $50, payable at the Annual Meeting of the Association in May, and are not refundable in whole or in part. Members whose dues become past due by more than 120 days will be subject to a late fee in the amount of ten percent (10%) per annum, and if late by 6 months or more, possibly other penalties as established by the policies of the Association, and in accordance with NC Statute 47F.

ARTICLE 5: Fiscal Year

The fiscal year of the Association shall begin on June 1st and end the following May 31st.

ARTICLE 6: Meetings

Section 1 There shall be a minimum of two (2) general meetings of the Association during the year, time and date to be set by the Executive Board and publicized at least thirty (30) days in advance to allow for arrangements to be made by lot owners for attendance.

Section 2 The Executive Board shall meet prior to each of the Association's general meetings to plan the agenda and organize the meeting.

Section 3 The Annual Meeting is a general meeting, and shall be held on the third (3rd) Saturday in May.

Section 4 Special meetings may be called by the President or a majority of the Executive Board, two (2) weeks written notice having been given.

Section 5 Emergency meetings may be called by the President or a majority of the Executive Board, noticing being given at a minimum by a sign posted at the entrance/exit to the subdivision no less than two (2) days before the day of the meeting. Major issues may be discussed at such a meeting, but not decided. Major decisions should only be voted on at meetings for which at least then (10) days' notice has been given, except under extreme circumstances.

Section 6 A majority of members present constitute a quorum for the transaction of business in any meeting of the Association.

Section 7 Voting by proxy shall be permissible only in cases specifically authorized by the Executive Board and for which thirty (30) days' notice of the meeting has been given.

ARTICLE 7: Parliamentary Authority

All meetings shall be conducted in a business-like manner. An agenda clearly stating the business expected to be covered shall be presented at the beginning of each meeting. Roberts Rules of Order Newly Revised shall be the parliamentary authority, as needed and appropriate.

ARTICLE 8: Officers and Their Selection

Section 1 The officers of the Association shall consist of a President, Vice President, Secretary, and Treasurer. These officers shall constitute the Executive Board.

Section 2 All officers shall be elected by secret ballot at the Annual Meeting and shall remain in office for a term of two (2) years with the option of reelection for a second two- (2-) year term. The secret ballot requirement may be replaced by a majority "show-of-hands" vote when the elections appear to be non-controversial.

Section 3 The Nominating Committee shall present its slate of candidates to be considered. Nominations may also be made from the floor with consent of the nominee.

Section 4 No officer shall serve more than two (2) terms in succession in the same position. Section 5 The Member At Large shall be a voting member of the Board to break any ties and shall be a member of the Judicial Committee.

ARTICLE 9: Duties of Officers

Section 1 The President shall preside at all meetings of the Association and of the Executive Board; shall be a member ex-officio of all committees except the nominating committee; shall appoint the chairperson of all standing committees and the Nominating Committee; shall coordinate the work of the officers and committees of the Association in order that the objectives of the Association may be promoted; and shall perform all other duties usually pertaining to the office of the President or assigned to him by the Association or the Executive

Board. The President shall see to it that all lot owners are provided with key information about the Association's activities through periodic newsletters, the Association's web site (Bahiabay.org), or special bulletins.


Section 2
The Vice President shall act as an aide to the President; promote the first objective of the Association, shall chair the housing committee and shall perform the duties of the President in the absence of that officer.

Section 3 The Secretary shall keep a correct record of all meetings of the Association and the Executive Board; shall maintain an active roll of the Bahia Bay Community Association membership; and shall perform such other duties as may be delegated.

Section 4 The Treasurer shall have custody of all funds belonging to the Association; shall keep a full and accurate account of receipts, dues and expenditures; shall make disbursements authorized by the Executive Board. The Treasurer shall be responsible for coordinating the distribution of Access Lot gate keys and the collection of the annual dues. The Treasurer shall present a financial statement at the mid-year general meeting and the annual meeting. The Treasurer shall keep a copy of the annual budget and all bids on major projects in the financial records file.

Section 5 All officers shall deliver all reports and materials to their successors not later than ten (10) days following the close of the fiscal year.

ARTICLE 10: Standing and Special Committees

There shall be five (5) standing committees. The first four (4) of these as set out below shall consist of a minimum of three (3) members each:

1)   The Housing Committee shall be responsible for approving the written plans of new construction or major exterior renovations to existing structures in Bahia Bay as required in the Restrictive Covenants, and guiding the construction to be within the restrictions set forth in the Restrictive Covenants.

2)   The Beautification Committee shall see to the maintenance of the entrances and address the Executive Board regarding overall neighborhood appearance.

3)   The Social/Welcoming Committee is to plan and/or coordinate Association-sponsored social activities for the community, to welcome and orient new members to the community and deliver a copy of the Restrictions and By-Laws.

4)   The Access Lot Committee is to be responsible for the maintenance and appearance of the Access Lot, for insuring that the Access Lot rules are up-to-date, and see to it that copies of the rules are available on the Access Lot premises in a weather protected container at all times.

Each of the above four (4) committees shall submit plans of key projects or activities to the Executive Board for approval and budgeting. No project shall be undertaken without the knowledge and consent of the Executive Board.

Depending on the talent and willingness of the chairperson, and the availability of volunteers, it shall be permissible to have overlapping committee memberships, or for any two (2) of the above committees to be combined for the duration of a fiscal year.

5)   The fifth standing committee, The Judicial Committee, shall be comprised of five (5) members of the Association, one (1) of which will be a member of the Executive Board. The members of this committee shall be elected at the Annual Meeting of the Association. The Nominating Committee shall present a slate of candidates. Nominations from the floor may also be made. This committee will be responsible for reviewing formal complaints about violations of the Restrictions and the Access Lot rules, and making recommendations to the

Executive Board. This committee may not be combined with any other committee.

There shall be a Nominating Committee appointed by the Executive Board and composed of
three (3) members (one (1) member from the Executive Board, and two (2) members from the Association at large). This committee shall be created no later than two (2) months prior to the Annual Meeting. The committee shall elect its own chairperson. The Nominating Committee shall nominate eligible members of the Association for each of the four (4) positions on the Executive Board and report its nominees to the Executive Board no later than thirty (30) days prior to the annual meeting. The Executive Board shall not have veto power over the candidates selected by the Nominating Committee. Given the temporary nature and singular purpose of this committee, it is considered a special committee, and not a standing committee.

ARTICLE 11: Amendments

Amendment to these By-Laws can be made only by an affirmative vote of two-thirds (2/3) or greater of the total membership present at the Annual Meeting. Only one vote shall be allowed per lot. A general meeting prior to the Annual Meeting may be called for the purpose of giving members of the Association the opportunity to review, understand and comment on any material changes being recommended prior to voting at the Annual Meeting. Written notice clearly describing the change(s) to be considered, their purpose and benefits shall be sent to all lot owners no less than thirty (30) days and no more than sixty (60) days prior to this

general meeting. If any changes are made as a result of this meeting, then the final recommendation of the change(s) shall then be sent to all lot owners no less than 30 days prior to the Annual Meeting.

The above paragraph describing the method of amending these By-Laws may be changed as prescribed in the above paragraph, but it shall not be deleted from these By-Laws, since NC Statute 47F-3-106 requires that the method of amending the By-Laws be included in the By-Laws.

ARTICLE 12: Policy on Enforcement of Restrictions

It shall be the view of the Executive Board that Bahia Bay's Restrictions are valid and enforceable by any lot owner. Regarding enforcement, it shall be the Board's policy that enforcement of the restrictions shall be considered first and foremost a right of the individual lot owner offended by an alleged violation. If a property owner considers a neighbor to be in violation and is offended by such action or inaction, as the case may be, or feels that such violation may be a detriment to their property value, then the offended property owner(s) should take appropriate action(s) to remedy the offense. Appropriate action(s) may be simply having a friendly discussion with the perceived offender, or asking the appropriate city or county official to enforce their existing ordinances. Or it may mean taking appropriate legal action, possibly with the assistance of an attorney. If an alleged violation is considered an offense to the neighborhood at large, either by its present or potential impact, or precedent, the Executive Board should be notified, and will decide what action, if any, is warranted by the Association. In such cases, the Executive Board or members of the Judicial Committee shall first attempt to meet with and persuade the offender to remedy the violation. If this approach proves unfruitful, then a progression of sterner and possibly more expensive and time-consuming measures may be pursued.

The wording of this policy is expressly intended to avoid the perception that the Association should be prepared to systematically canvass the neighborhood looking for possible violations, or to remedy any and every perceived violation with only minimal effort on the part of the property owner(s) offended. Access Lot rules are not expressly listed but include those rules as otherwise posted on signage installed by the Bahia Bay Community Association. Access Lot rules will be voted on yearly at the Annual General Meeting.

ARTICLE 13: Annual Budget

A budget for each fiscal year should be prepared by the Executive Board and presented for approval at the Annual Meeting of the Association. It should be based on both the monies available in the treasury and expected revenues from the collection of annual dues in the coming year. The budget should realistically reflect the spending priorities of the Association for the coming fiscal year, taking into account all required recurring expenses and estimates of discretionary expenses. A small percentage, not to exceed twenty (20) percent, should be left unbudgeted to cover unexpected but necessary expenses that may arise.

The Association's guidelines for allocation of funds available each fiscal year shall be generally as follows: Forty (40) percent to Access Lot maintenance, fifteen (15) percent to Beautification, fifteen (15) percent to Social Functions, five (5) percent to Safety Sub Committee, and five (5) percent Discretionary in addition to an Access Lot Account to allow for a one-time $4,000 amount (No legal fund amounts as long as it stays at maximum $7,000).

Anytime the Treasury's balance at the end of a fiscal year plus the projected revenues from collection of dues for the upcoming fiscal year exceed the cost of items budgeted for the upcoming fiscal year by an amount greater than thirty percent (30%), the Executive Board shall call for a vote at the annual meeting on whether or not to reduce the amount of the annual dues assessment to a lower figure which still adequately covers the budgeted expenditures for the upcoming fiscal year.

ARTICLE 14: Insurance

The Association shall carry insurance covering liability, officers and directors, and errors and omissions.

ARTICLE 15: Policy on Debt

It shall be the policy of the Association that the Association shall not incur debt for any purpose, whatsoever.

ARTICLE 16: Long Range Spending Priorities

The Executive Board shall maintain a list of major spending projects that have long range implications for the subdivision. The budget for any such project may span more than one (1) year. A minimum of $1,500 per year placed in a separate account for access lot projects and other projects (after first year of $4,000.00) if monies are available.

ARTICLE 17: Spending Procedures and Record Keeping

Major spending projects must be approved by the Association at a general meeting, which could be the Annual Meeting or any other general meeting. Thirty (30)days written notice must be delivered to all lot owners describing the project(s), their cost and benefits. Approval of the

project(s) by a majority vote at the meeting is required prior to commencing with the major expenditures of any such project. Following an affirmative vote, competitive bids shall be taken. It shall be permissible for a member, or members, of the Association to bid on any approved project, or to be associated with a bidding firm. The Executive Board will be responsible for choosing a well-qualified and cost-effective bid. In regard to bids, the Executive Board must ensure that a written contract or agreement document is obtained prior to commencement of the project by the contractor, and that satisfactory warranty and/or bonding conditions are spelled out in the document. A major spending project shall be defined as a project costing $1,000 or more.

For a smaller project costing between $200 and $1,000 to begin, it must have been approved in the annual budget or subsequently approved at a general meeting of the Association, and the Executive board must approve the startup of the project and assure that funds are available.

Minor expenditures for small projects or activities with estimated cost of less than $200 are permissible with only the authority of the Executive Board, or simply the President, and can be reimbursed by the Treasurer after the paid receipt has been initialed by the President or Vice-President. Alternatively, a check in the exact amount can be obtained from the Treasurer in advance to pay the cost.

Audit Trail - Paid receipts shall be submitted to the Treasurer for all expenditures. The Treasurer shall retain the receipt, or a photo copy of it in a file labeled "PAID RECEIPTS" with the fiscal year clearly on the label. This file and the Association's bank statements and cancelled checks must be available for audit at any time, and retained in the archive of Association business.

Independent Audit of Associations Records - The official records of the Association shall be subject to an independent audit from time to time. This file and the Association's bank statements and cancelled checks must be available for audit at any time, and retained in the archive of Association Business. At each Annual General Meeting, a majority vote will be taken of members in good standing present at the meeting as to whether an audit should be considered. If approved, this file and the Association's bank statements and cancelled checks will be provided to the Judicial Committee for review. If the Judicial Committee recommends an audit, it shall then be the responsibility of the Executive Board to schedule the audit by a qualified party having CPA credentials.

ARTICLE 18: Legal Fund

The Executive Board shall see to it that monies for a legal fund are budgeted each year for the gradual build-up of a legal fund, which over a period of a few years should reach a maximum level of $7,000. From then on, if and when legal expenses are incurred, the expended monies should be replaced with proceeds from annual dues as expeditiously as possible without preventing expenditures on other necessary priorities or raising the amount of annual dues. If and when the legal fund's balance falls below $7,000 (i.e. — legal expenses are incurred), the Executive Board shall make recommendations to the Association at the next general meeting on a plan and time frame for restoring the fund to the $7,000 level. These monies shall be kept in a separate bank account, maintained at the same bank and branch at which the Association's primary account resides.

The purposes of the legal fund shall be as follows:

1)      To resist the effort(s) of any party or parties attempting to sue the Association. If confronted with the prospect of litigation, the Board should first and foremost decide whether the protection already available as a result of the Association's liability insurance coverage and/or the protection afforded the Association and its members under law by virtue of being incorporated in the state of North Carolina are adequate.

2)      To assist the Association in its efforts to collect annual membership dues and/or impose penalties related to failure of lot owners to pay their dues.

3)      To assist the Association in its effort to enforce its Restrictive Covenants, consistent with Articles 12 AND 18-B of these By-Laws.

4)      Other needs as may be determined by a two-thirds (2/3) majority vote of the Association at a general meeting.

ARTICLE 19: Judicial Committee Guidelines

A) Access Lot Rules: Complaints regarding violation(s) of the Access Lot rules shall be reported in writing to the Judicial Committee, using a form provided by the committee, and should present sufficient evidence or description of the infraction to justify the consideration of the committee. Otherwise, the committee shall not review the complaint. The committee chairperson, or a designated member or members of the committee, will attempt to contact the alleged offender(s), if that person(s) live in the Bahia Bay subdivision, for their input before the committee decides whether or not to recommend action to the Executive Board. If the alleged offender(s) does not live in the subdivision, then the matter may be reported to the appropriate law enforcement agency.

B) Restrictions: Article # 12 of these By-Laws addresses the Association's official policy regarding complaints about alleged violations of the Restrictions. If a complaint is considered by the offended party(s) to be a serious violation of general concern for the subdivision, then the Judicial Committee should be notified in writing, including evidence of the violation. The committee will review the complaint, and may decide to bring the complaint to the Executive Board's attention for further consideration. If the Executive Board decides to take action, then both the person(s) bringing the complaint and the alleged offender(s) will be contacted. The Executive Board will make every effort to resolve the issue without resorting to legal action. If this is not possible, then the Executive Board will decide whether or not to seek a legal recourse.

ARTICLE 20: Removal of Executive Board Member (s) For Cause

The President, or any other member of the Executive Board, may be removed from their elected position for a serious breach of trust by a two-thirds (2/3) majority vote of the property owners present at a special meeting of the Association. If such a meeting is held, the officer(s) being voted on shall not preside over the meeting. No less than thirty (30) days' written notice shall be delivered to all property owners in advance of any such meeting.

ARTICLE 21: Replacement of Executive Board Member(s) For Cause

Should it become necessary to replace a member, or members, of the Executive Board before the natural end of their term, then the remaining members of the Executive Board shall appoint the replacement who should then serve out the term.


Ballot Results Voting Annual Meetings Click Here

Posted on 7-2-14 received from Michelle Wayland-Smith Bahia Bay President 2014-2015 on June 25, 2014 via email 

BY-LAWS OF BAHIA BAY COMMUNITY ASSOCIATION, INC.

(Effective May 15, 2003, Revised June 1, 2013, Revised May 17, 2014)

 

ARTICLE 1: Name & Address

 

The name of this association shall be the Bahia Bay Community Association Inc., P.O. Box 1202, Cornelius NC 28031. Web site is Bahiabay.org.

 

ARTICLE 2: Objectives

 

  • To inform existing and prospective property owners and residents of the Restrictive Covenants for the subdivision filed with the Register of Deeds for Mecklenburg County.
  • To encourage beautification of the Bahia Bay subdivision.
  • To promote social activities and camaraderie among the residents.
  • To encourage high standards of upkeep for both personal and community property throughout the neighborhood.
  • To maintain attractive entrances to the subdivision which demonstrate pride in our community.
  • To help set a high standard for all lots and homes in the subdivision.
  • To maintain the Access Lot and the facilities thereon in a manner which makes it an inviting recreational and watercraft access area for our residents.
  • To ensure continuity and pertinence of the Association’s Restrictive Covenants and By-Laws.
  • To encourage participation in the Association’s activities and its role in the community.

 

ARTICLE 3: Membership

 

Section 1  Membership in the Association is automatic for all property owners of any residential lot or lots in the Bahia Bay subdivision as recorded at the Mecklenburg County office of the Register of Deeds.

Section 2  Each member of the Association must pay annual membership dues as stated in

Section 3  Members not in good standing or in compliance with ARTICLE 4 (Dues) are not eligible to participate in or vote at the General Meetings. 

 

ARTICLE 4: Dues

 

In order to provide funding for the Association to carry out its objectives as set out above, annual membership dues shall be assessed per lot. However, where one residential structure is built upon one or more lots, those parcels being contiguous, the property owner shall be assessed as one lot for purposes of dues. Currently the annual dues are set at $50, payable at the Annual Meeting of the Association in May, and are not refundable in whole or in part. Members whose dues become past due by more than 120 days will be subject to a late fee in the amount of ten percent (10%) per annum, and if late by 6 months or more, possibly other penalties as established by the policies of the Association, and in accordance with NC Statute 47F.

 

ARTICLE 5: Fiscal Year

 

The fiscal year of the Association shall begin on June 1st and end the following May 31st.

 

ARTICLE 6: Meetings

 

Section 1  There shall be a minimum of two (2) general meetings of the Association during the year, time and date to be set by the Executive Board and publicized at least thirty (30) days in advance to allow for arrangements to be made by lot owners for attendance.

Section 2  The Executive Board shall meet prior to each of the Association’s general meetings to plan the agenda and organize the meeting.

Section 3  The Annual Meeting is a general meeting, and shall be held on the third (3rd) Saturday in May.

Section 4  Special meetings may be called by the President or a majority of the Executive Board, two (2) weeks written notice having been given.

Section 5  Emergency meetings may be called by the President or a majority of the Executive Board, noticing being given at a minimum by a sign posted at the entrance/exit to the subdivision no less than two (2) days before the day of the meeting.  Major issues may be discussed at such a meeting, but not decided.  Major decisions should only be voted on at meetings for which at least then (10) days' notice has been given, except under extreme circumstances. 

Section 6  A majority of members present constitute a quorum for the transaction of business in any meeting of the Association.

Section 7   Voting by proxy shall be permissible only in cases specifically authorized by the Executive Board and for which thirty (30) days' notice of the meeting has been given. 

 

ARTICLE 7: Parliamentary Authority

 

All meetings shall be conducted in a business-like manner. An agenda clearly stating the business expected to be covered shall be presented at the beginning of each meeting. Roberts Rules of Order Newly Revised shall be the parliamentary authority, as needed and appropriate.

 

ARTICLE 8: Officers and Their Selection

 

Section 1  The officers of the Association shall consist of a President, Vice President, Secretary, and Treasurer.  These officers shall constitute the Executive Board.

Section 2  All officers shall be elected by secret ballot at the Annual Meeting and shall remain in office for a term of two (2) years with the option of reelection for a second two- (2-) year term.  The secret ballot requirement may be replaced by a majority "show-of-hands" vote when the elections appear to be non-controversial.

Section 3  The Nominating Committee shall present its slate of candidates to be considered. Nominations may also be made from the floor with consent of the nominee. 

Section 4  No officer shall serve more than two (2) terms in succession in the same position. 

Section 5  The Member At Large shall be a voting member of the Board to break any ties and shall be a member of the Judicial Committee. 

ARTICLE 9: Duties of Officers

 

Section 1  The President shall preside at all meetings of the Association and of the Executive Board; shall be a member ex-officio of all committees except the nominating committee; shall appoint the chairperson of all standing committees and the Nominating Committee; shall coordinate the work of the officers and committees of the Association in order that the objectives of the Association may be promoted; and shall perform all other duties usually pertaining to the office of the President or assigned to him by the Association or the Executive Board. The President shall see to it that all lot owners are provided with key information about the Association’s activities through periodic newsletters, the Association’s web site (Bahiabay.org), or special bulletins.

Section 2  The Vice President shall act as an aide to the President; promote the first objective of the Association, shall chair the housing committee and shall perform the duties of the President in the absence of that officer.

Section 3  The Secretary shall keep a correct record of all meetings of the Association and the Executive Board; shall maintain an active roll of the Bahia Bay Community Association membership; and shall perform such other duties as may be delegated.

Section 4  The Treasurer shall have custody of all funds belonging to the Association; shall keep a full and accurate account of receipts, dues and expenditures; shall make disbursements authorized by the Executive Board. The Treasurer shall be responsible for coordinating the distribution of Access Lot gate keys and the collection of the annual dues. The Treasurer shall present a financial statement at the mid-year general meeting and the annual meeting. The Treasurer shall keep a copy of the annual budget and all bids on major projects in the financial records file.

Section 5  All officers shall deliver all reports and materials to their successors not later than ten (10) days following the close of the fiscal year.

 

ARTICLE 10: Standing and Special Committees

 

There shall be five (5) standing committees. The first four (4) of these as set out below shall consist of a minimum of three (3) members each:

1)  The Housing Committee shall be responsible for approving the written plans of new construction or major exterior renovations to existing structures in Bahia Bay as required in the Restrictive Covenants, and guiding the construction to be within the restrictions set forth in the Restrictive Covenants.

2)  The Beautification Committee shall see to the maintenance of the entrances and address the Executive Board regarding overall neighborhood appearance.

3)  The Social/Welcoming Committee is to plan and/or coordinate Association-sponsored social activities for the community, to welcome and orient new members to the community and deliver a copy of the Restrictions and By-Laws.

4)  The Access Lot Committee is to be responsible for the maintenance and appearance of the Access Lot, for insuring that the Access Lot rules are up-to-date, and see to it that copies of the rules are available on the Access Lot premises in a weather protected container at all times.

 

Each of the above four (4) committees shall submit plans of key projects or activities to the Executive Board for approval and budgeting. No project shall be undertaken without the knowledge and consent of the Executive Board.

 

Depending on the talent and willingness of the chairperson, and the availability of volunteers, it shall be permissible to have overlapping committee memberships, or for any two (2) of the above committees to be combined for the duration of a fiscal year.

5)  The fifth standing committee, The Judicial Committee, shall be comprised of five (5) members of the Association, one (1) of which will be a member of the Executive Board. The members of this committee shall be elected at the Annual Meeting of the Association. The Nominating Committee shall present a slate of candidates. Nominations from the floor may also be made. This committee will be responsible for reviewing formal complaints about violations of the Restrictions and the Access Lot rules, and making recommendations to the Executive Board. This committee may not be combined with any other committee.

 

There shall be a Nominating Committee appointed by the Executive Board and composed of three (3) members (one (1) member from the Executive Board, and two (2) members from the Association at large). This committee shall be created no later than two (2) months prior to the Annual Meeting. The committee shall elect its own chairperson. The Nominating Committee shall nominate eligible members of the Association for each of the four (4) positions on the Executive Board and report its nominees to the Executive Board no later than thirty (30) days prior to the annual meeting. The Executive Board shall not have veto power over the candidates selected by the Nominating Committee.  Given the temporary nature and singular purpose of this committee, it is considered a special committee, and not a standing committee.

 

ARTICLE 11: Amendments

 

Amendment to these By-Laws can be made only by an affirmative vote of two-thirds (2/3) or greater of the total membership present at the Annual Meeting.  Only one vote shall be allowed per lot. A general meeting prior to the Annual Meeting may be called for the purpose of giving members of the Association the opportunity to review, understand and comment on any material changes being recommended prior to voting at the Annual Meeting. Written notice clearly describing the change(s) to be considered, their purpose and benefits shall be sent to all lot owners no less than thirty (30) days and no more than sixty (60) days prior to this general meeting. If any changes are made as a result of this meeting, then the final recommendation of the change(s) shall then be sent to all lot owners no less than 30 days prior to the Annual Meeting.

 

The above paragraph describing the method of amending these By-Laws may be changed as prescribed in the above paragraph, but it shall not be deleted from these By-Laws, since NC Statute 47F-3-106 requires that the method of amending the By-Laws be included in the By-Laws. 

 

ARTICLE 12: Policy on Enforcement of Restrictions

 

It shall be the view of the Executive Board that Bahia Bay’s Restrictions are valid and enforceable by any lot owner. Regarding enforcement, it shall be the Board’s policy that enforcement of the restrictions shall be considered first and foremost a right of the individual lot owner offended by an alleged violation. If a property owner considers a neighbor to be in violation and is offended by such action or inaction, as the case may be, or feels that such violation may be a detriment to their property value, then the offended property owner(s) should take appropriate action(s) to remedy the offense. Appropriate action(s) may be simply having a friendly discussion with the perceived offender, or asking the appropriate city or county official to enforce their existing ordinances. Or it may mean taking appropriate legal action, possibly with the assistance of an attorney. If an alleged violation is considered an offense to the neighborhood at large, either by its present or potential impact, or precedent, the Executive Board should be notified, and will decide what action, if any, is warranted by the Association. In such cases, the Executive Board or members of the Judicial Committee shall first attempt to meet with and persuade the offender to remedy the violation. If this approach proves unfruitful, then a progression of sterner and possibly more expensive and time-consuming measures may be pursued.

 

The wording of this policy is expressly intended to avoid the perception that the Association should be prepared to systematically canvass the neighborhood looking for possible violations, or to remedy any and every perceived violation with only minimal effort on the part of the property owner(s) offended.  Access Lot rules are not expressly listed but include those rules as otherwise posted on signage installed by the Bahia Bay Community Association.  Access Lot rules will be voted on yearly at the Annual General Meeting.

 

ARTICLE 13: Annual Budget

 

A budget for each fiscal year should be prepared by the Executive Board and presented for approval at the Annual Meeting of the Association. It should be based on both the monies available in the treasury and expected revenues from the collection of annual dues in the coming year. The budget should realistically reflect the spending priorities of the Association for the coming fiscal year, taking into account all required recurring expenses and estimates of discretionary expenses. A small percentage, not to exceed twenty (20) percent, should be left unbudgeted to cover unexpected but necessary expenses that may arise.

 

The Association’s guidelines for allocation of funds available each fiscal year shall be generally as follows: Forty (40) percent to Access Lot maintenance, fifteen (15) percent to Beautification, fifteen (15) percent to Social Functions, five (5) percent to Safety Sub Committee, and five (5) percent Discretionary in addition to an Access Lot Account to allow for a one-time $4,000 amount (No legal fund amounts as long as it stays at maximum $7,000).

 

Anytime the Treasury’s balance at the end of a fiscal year plus the projected revenues from collection of dues for the upcoming fiscal year exceed the cost of items budgeted for the upcoming fiscal year by an amount greater than thirty percent (30%), the Executive Board shall call for a vote at the annual meeting on whether or not to reduce the amount of the annual dues assessment to a lower figure which still adequately covers the budgeted expenditures for the upcoming fiscal year. 

 

ARTICLE 14: Insurance

 

The Association shall carry insurance covering liability, officers and directors, and errors and omissions.

 

ARTICLE 15: Policy on Debt

 

It shall be the policy of the Association that the Association shall not incur debt for any purpose, whatsoever.

 

ARTICLE 16: Long Range Spending Priorities

The Executive Board shall maintain a list of major spending projects that have long range implications for the subdivision. The budget for any such project may span more than one (1) year.  A minimum of $1,500 per year placed in a separate account for access lot projects and other projects (after first year of $4,000.00) if monies are available.

 

ARTICLE 17: Spending Procedures and Record Keeping

 

Major spending projects must be approved by the Association at a general meeting, which could be the Annual Meeting or any other general meeting. Thirty (30)days written notice must be delivered to all lot owners describing the project(s), their cost and benefits. Approval of the project(s) by a majority vote at the meeting is required prior to commencing with the major expenditures of any such project. Following an affirmative vote, competitive bids shall be taken. It shall be permissible for a member, or members, of the Association to bid on any approved project, or to be associated with a bidding firm. The Executive Board will be responsible for choosing a well-qualified and cost-effective bid. In regard to bids, the Executive Board must ensure that a written contract or agreement document is obtained prior to commencement of the project by the contractor, and that satisfactory warranty and/or bonding conditions are spelled out in the document. A major spending project shall be defined as a project costing $1,000 or more.

 

For a smaller project costing between $200 and $1,000 to begin, it must have been approved in the annual budget or subsequently approved at a general meeting of the Association, and the Executive board must approve the startup of the project and assure that funds are available.

 

Minor expenditures for small projects or activities with estimated cost of less than $200 are permissible with only the authority of the Executive Board, or simply the President, and can be reimbursed by the Treasurer after the paid receipt has been initialed by the President or Vice-President. Alternatively, a check in the exact amount can be obtained from the Treasurer in advance to pay the cost.

 

Audit Trail - Paid receipts shall be submitted to the Treasurer for all expenditures. The Treasurer shall retain the receipt, or a photo copy of it in a file labeled "PAID RECEIPTS" with the fiscal year clearly on the label. This file and the Association’s bank statements and cancelled checks must be available for audit at any time, and retained in the archive of Association business.

 

Independent Audit of Associations Records - The official records of the Association shall be subject to an independent audit from time to time.  This file and the Association's bank statements and cancelled checks must be available for audit at any time, and retained in the archive of Association Business. At each Annual General Meeting, a majority vote will be taken of members in good standing present at the meeting as to whether an audit should be considered.  If approved, this file and the Association's bank statements and cancelled checks will be provided to the Judicial Committee for review.  If the Judicial Committee recommends an audit, it shall then be the responsibility of the Executive Board to schedule the audit by a qualified party having CPA credentials. 

 

ARTICLE 18: Legal Fund

 

The Executive Board shall see to it that monies for a legal fund are budgeted each year for the gradual build-up of a legal fund, which over a period of a few years should reach a maximum level of $7,000. From then on, if and when legal expenses are incurred, the expended monies should be replaced with proceeds from annual dues as expeditiously as possible without preventing expenditures on other necessary priorities or raising the amount of annual dues. If and when the legal fund’s balance falls below $7,000 (i.e. – legal expenses are incurred), the Executive Board shall make recommendations to the Association at the next general meeting on a plan and time frame for restoring the fund to the $7,000 level. These monies shall be kept in a separate bank account, maintained at the same bank and branch at which the Association’s primary account resides.

 

The purposes of the legal fund shall be as follows:

1)  To resist the effort(s) of any party or parties attempting to sue the Association. If confronted with the prospect of litigation, the Board should first and foremost decide whether the protection already available as a result of the Association’s liability insurance coverage and/or the protection afforded the Association and its members under law by virtue of being incorporated in the state of North Carolina are adequate.

2)  To assist the Association in its efforts to collect annual membership dues and/or impose penalties related to failure of lot owners to pay their dues.

3)  To assist the Association in its effort to enforce its Restrictive Covenants, consistent with Articles 12 AND 18-B of these By-Laws.

4)  Other needs as may be determined by a two-thirds (2/3) majority vote of the Association at a general meeting. 

 

ARTICLE 19: Judicial Committee Guidelines

 

A) Access Lot Rules: Complaints regarding violation(s) of the Access Lot rules shall be reported in writing to the Judicial Committee, using a form provided by the committee, and should present sufficient evidence or description of the infraction to justify the consideration of the committee. Otherwise, the committee shall not review the complaint. The committee chairperson, or a designated member or members of the committee, will attempt to contact the alleged offender(s), if that person(s) live in the Bahia Bay subdivision, for their input before the committee decides whether or not to recommend action to the Executive Board. If the alleged offender(s) does not live in the subdivision, then the matter may be reported to the appropriate law enforcement agency.

 

B) Restrictions: Article # 12 of these By-Laws addresses the Association’s official policy regarding complaints about alleged violations of the Restrictions. If a complaint is considered by the offended party(s) to be a serious violation of general concern for the subdivision, then the Judicial Committee should be notified in writing, including evidence of the violation. The committee will review the complaint, and may decide to bring the complaint to the Executive Board’s attention for further consideration. If the Executive Board decides to take action, then both the person(s) bringing the complaint and the alleged offender(s) will be contacted. The Executive Board will make every effort to resolve the issue without resorting to legal action. If this is not possible, then the Executive Board will decide whether or not to seek a legal recourse.

 

ARTICLE 20: Removal of Executive Board Member (s) For Cause

 

The President, or any other member of the Executive Board, may be removed from their elected position for a serious breach of trust by a two-thirds (2/3) majority vote of the property owners present at a special meeting of the Association. If such a meeting is held, the officer(s) being voted on shall not preside over the meeting. No less than thirty (30) days' written notice shall be delivered to all property owners in advance of any such meeting.

 

ARTICLE 21: Replacement of Executive Board Member(s) For Cause

Should it become necessary to replace a member, or members, of the Executive Board before the natural end of their term, then the remaining members of the Executive Board shall appoint the replacement who should then serve out the term.

 

IN WITNESS WHEREOF, Bahia Bay Community Association, Inc. has caused these presents to be signed by in its name by its President, and its corporate seal to be hereto affixed and attested by its Secretary, all in pursuance of authority duly given by resolution of the Association and its individual parties hereto have hereunto set their hands and seals the day and year first above written.

 

 

                                                                        Bahia Bay Community Association, Inc.

 

                                                                        By:

 

                                                                        _____________________________________

                                                                        Michelle Wayland-Smith         -           President

 

 

 

 

 

 

 

STATE OF NORTH CAROLINA

COUNTY OF MECKLENBURG

 

Foregoing duly notarized and filed as heretofore stated with the Office of the Register of Deeds, Mecklenburg County, North Carolina.

 

Posted on 3-15-14 received from Ann Pappas on March 9, 2014 via email Bahia Bay Secretary 2013-2014. Signed by Michelle Wayland-Smith Bahia Bay President 2013-2014

BY-LAWS OF BAHIA BAY COMMUNITY ASSOCIATION, INC.

(Effective May 15, 2003, Revised June 1, 2013)

ARTICLE 1: Name & Address

The name of this association shall be the Bahia Bay Community Association Inc., P.O. Box 1202, Cornelius NC 28031. Web site is Bahiabay.org.

ARTICLE 2: Objectives

• To inform existing and prospective property owners and residents of the Restrictive

Covenants for the subdivision filed with the Register of Deeds for Mecklenburg County.

• To encourage beautification of the Bahia Bay subdivision.

• To promote social activities and camaraderie among the residents.

• To encourage high standards of upkeep for both personal and community property

throughout the neighborhood.

• To maintain attractive entrances to the subdivision which demonstrate pride in our

community.

• To help set a high standard for all lots and homes in the subdivision.

• To maintain the Access Lot and the facilities thereon in a manner which makes it an

inviting recreational and watercraft access area for our residents.

• To ensure continuity and pertinence of the Association's Restrictive Covenants and By-

Laws.

• To encourage participation in the Association's activities and its role in the community.

ARTICLE 3: Membership

Section 1 Membership in the Association is automatic for all property owners of any residential

lot or lots in the Bahia Bay subdivision as recorded at the Mecklenburg County office of the

Register of Deeds.

Section 2 Each member of the Association must pay annual membership dues as stated in

ARTICLE 4.

Section 3 Members not in good standing or in compliance with ARTICLE 4 (Dues) are not

eligible to participate in or vote at the General Meetings.

ARTICLE 4: Dues

In order to provide funding for the Association to carry out its objectives as set out above,

annual membership dues shall be assessed per lot. However, where one residential structure

is built upon one or more lots, those parcels being contiguous, the property owner shall be

assessed as one lot for purposes of dues. Currently the annual dues are set at $50, payable at

the Annual Meeting of the Association in May, and are not refundable in whole or in part.

Members whose dues become past due by more than 120 days will be subject to a late fee in

the amount of ten percent (10%) per annum, and if late by 6 months or more, possibly other

penalties as established by the policies of the Association, and in accordance with NC Statute

47F.

ARTICLE 5: Fiscal Year

The fiscal year of the Association shall begin on June 1st and end the following May 31st.

 

ARTICLE 6: Meetings

Section 1 There shall be a minimum of two (2) general meetings of the Association during the

year, time and date to be set by the Executive Board and publicized at least thirty (30) days in

advance to allow for arrangements to be made by lot owners for attendance.

Section 2 The Executive Board shall meet prior to each of the Association's general meetings

to plan the agenda and organize the meeting.

Section 3 The Annual Meeting is a general meeting, and shall be held on the third (3rd )

Saturday in May.

Section 4 Special meetings may be called by the President or a majority of the Executive

Board, two (2) weeks written notice having been given.

Section 5 Emergency meetings may be called by the President or a majority of the Executive

Board, noticing being given at a minimum by a sign posted at the entrance/exit to the

subdivision no less than two (2) days before the day of the meeting. Major issues may be

discussed at such a meeting, but not decided. Major decisions should only be voted on at

meetings for which at least then (10) days' notice has been given, except under extreme

circumstances.

Section 6 A majority of members present constitute a quorum for the transaction of business

in any meeting of the Association.

Section 7 Voting by proxy shall be permissible only in cases specifically authorized by the

Executive Board and for which thirty (30) days' notice of the meeting has been given.

ARTICLE 7: Parliamentary Authority

All meetings shall be conducted in a business-like manner. An agenda clearly stating the

business expected to be covered shall be presented at the beginning of each meeting.

Roberts Rules of Order Newly Revised shall be the parliamentary authority, as needed and

appropriate.

ARTICLE 8: Officers and Their Selection

Section 1 The officers of the Association shall consist of a President, Vice President,

Secretary, and Treasurer. These officers shall constitute the Executive Board.

Section 2 All officers shall be elected by secret ballot at the Annual Meeting and shall remain

in office for a term of two (2) years with the option of reelection for a second two- (2-) year

term. The secret ballot requirement may be replaced by a majority "show-of-hands" vote when

the elections appear to be non-controversial.

Section 3 The Nominating Committee shall present its slate of candidates to be considered.

Nominations may also be made from the floor with consent of the nominee.

Section 4 No officer shall serve more than two (2) terms in succession in the same position.

ARTICLE 9: Duties of Officers

Section 1 The President shall preside at all meetings of the Association and of the Executive

Board; shall be a member ex-officio of all committees except the nominating committee; shall

appoint the chairperson of all standing committees and the Nominating Committee; shall

coordinate the work of the officers and committees of the Association in order that the

objectives of the Association may be promoted; and shall perform all other duties usually

pertaining to the office of the President or assigned to him by the Association or the Executive

 

Board. The President shall see to it that all lot owners are provided with key information about

the Association's activities through periodic newsletters, the Association's web site

(Bahiabay.org), or special bulletins.

Section 2 The Vice President shall act as an aide to the President; promote the first objective

of the Association, shall chair the housing committee and shall perform the duties of the

President in the absence of that officer.

Section 3 The Secretary shall keep a correct record of all meetings of the Association and the

Executive Board; shall maintain an active roll of the Bahia Bay Community Association

membership; and shall perform such other duties as may be delegated.

Section 4 The Treasurer shall have custody of all funds belonging to the Association; shall

keep a full and accurate account of receipts, dues and expenditures; shall make

disbursements authorized by the Executive Board. The Treasurer shall be responsible for

coordinating the distribution of Access Lot gate keys and the collection of the annual dues.

The Treasurer shall present a financial statement at the mid-year general meeting and the

annual meeting. The Treasurer shall keep a copy of the annual budget and all bids on major

projects in the financial records file.

Section 5 All officers shall deliver all reports and materials to their successors not later than

ten (10) days following the close of the fiscal year.

ARTICLE 10: Standing and Special Committees

There shall be five (5) standing committees. The first four (4) of these as set out below shall

consist of a minimum of three (3) members each:

1) The Housing Committee shall be responsible for approving the written plans of new

construction or major exterior renovations to existing structures in Bahia Bay as required in the

Restrictive Covenants, and guiding the construction to be within the restrictions set forth in the

Restrictive Covenants.

2) The Beautification Committee shall see to the maintenance of the entrances and address

the Executive Board regarding overall neighborhood appearance.

3) The Social/Welcoming Committee is to plan and/or coordinate Association-sponsored

social activities for the community, to welcome and orient new members to the community and

deliver a copy of the Restrictions and By-Laws.

4) The Access Lot Committee is to be responsible for the maintenance and appearance of the

Access Lot, for insuring that the Access Lot rules are up-to-date, and see to it that copies of

the rules are available on the Access Lot premises in a weather protected container at all

times.

Each of the above four (4) committees shall submit plans of key projects or activities to the

Executive Board for approval and budgeting. No project shall be undertaken without the

knowledge and consent of the Executive Board.

Depending on the talent and willingness of the chairperson, and the availability of volunteers, it

shall be permissible to have overlapping committee memberships, or for any two (2) of the

above committees to be combined for the duration of a fiscal year.

5) The fifth standing committee, The Judicial Committee, shall be comprised of five (5)

members of the Association, one (1) of which will be a member of the Executive Board. The

members of this committee shall be elected at the Annual Meeting of the Association. The

Nominating Committee shall present a slate of candidates. Nominations from the floor may

also be made. This committee will be responsible for reviewing formal complaints about

violations of the Restrictions and the Access Lot rules, and making recommendations to the

 

Executive Board. This committee may not be combined with any other committee.

There shall be a Nominating Committee appointed by the Executive Board and composed of

three (3) members (one (1) member from the Executive Board, and two (2) members from the

Association at large). This committee shall be created no later than two (2) months prior to the

Annual Meeting. The committee shall elect its own chairperson. The Nominating Committee

shall nominate eligible members of the Association for each of the four (4) positions on the

Executive Board and report its nominees to the Executive Board no later than thirty (30) days

prior to the annual meeting. The Executive Board shall not have veto power over the

candidates selected by the Nominating Committee. Given the temporary nature and singular

purpose of this committee, it is considered a special committee, and not a standing committee.

ARTICLE 11: Amendments

Amendment to these By-Laws can be made only by an affirmative vote of two-thirds (2/3) or

greater of the total membership present at the Annual Meeting. Only one vote shall be allowed

per lot. A general meeting prior to the Annual Meeting may be called for the purpose of giving

members of the Association the opportunity to review, understand and comment on any

material changes being recommended prior to voting at the Annual Meeting. Written notice

clearly describing the change(s) to be considered, their purpose and benefits shall be sent to

all lot owners no less than thirty (30) days and no more than sixty (60) days prior to this

general meeting. If any changes are made as a result of this meeting, then the final

recommendation of the change(s) shall then be sent to all lot owners no less than 30 days

prior to the Annual Meeting.

The above paragraph describing the method of amending these By-Laws may be

changed as prescribed in the above paragraph, but it shall not be deleted from these By-

Laws, since NC Statute 47F-3-106 requires that the method of amending the By-Laws be

included in the By-Laws.

ARTICLE 12: Policy on Enforcement of Restrictions

It shall be the view of the Executive Board that Bahia Bay's Restrictions are valid and

enforceable by any lot owner. Regarding enforcement, it shall be the Board's policy that

enforcement of the restrictions shall be considered first and foremost a right of the individual

lot owner offended by an alleged violation. If a property owner considers a neighbor to be in

violation and is offended by such action or inaction, as the case may be, or feels that such

violation may be a detriment to their property value, then the offended property owner(s)

should take appropriate action(s) to remedy the offense. Appropriate action(s) may be simply

having a friendly discussion with the perceived offender, or asking the appropriate city or

county official to enforce their existing ordinances. Or it may mean taking appropriate legal

action, possibly with the assistance of an attorney. If an alleged violation is considered an

offense to the neighborhood at large, either by its present or potential impact, or precedent,

the Executive Board should be notified, and will decide what action, if any, is warranted by the

Association. In such cases, the Executive Board or members of the Judicial Committee shall

first attempt to meet with and persuade the offender to remedy the violation. If this approach

proves unfruitful, then a progression of sterner and possibly more expensive and timeconsuming

measures may be pursued.

The wording of this policy is expressly intended to avoid the perception that the Association

 

should be prepared to systematically canvass the neighborhood looking for possible violations,

or to remedy any and every perceived violation with only minimal effort on the part of the

property owner(s) offended. Access Lot rules are not expressly listed but include those rules

as otherwise posted on signage installed by the Bahia Bay Community Association. Access

Lot rules will be voted on yearly at the Annual General Meeting.

ARTICLE 13: Annual Budget

A budget for each fiscal year should be prepared by the Executive Board and presented for

approval at the Annual Meeting of the Association. It should be based on both the monies

available in the treasury and expected revenues from the collection of annual dues in the

coming year. The budget should realistically reflect the spending priorities of the Association

for the coming fiscal year, taking into account all required recurring expenses and estimates of

discretionary expenses. A small percentage, not to exceed twenty (20) percent, should be left

unbudgeted to cover unexpected but necessary expenses that may arise.

The Association's guidelines for allocation of funds available each fiscal year shall be generally

as follows: 30 percent to Access Lot maintenance, thirty (30) percent to Beautification, ten (10)

percent to Social Functions, then (10) percent Legal Fund, and twenty (20) percent

Discretionary.

Anytime the Treasury's balance at the end of a fiscal year plus the projected revenues from

collection of dues for the upcoming fiscal year exceed the cost of items budgeted for the

upcoming fiscal year by an amount greater than thirty percent (30%), the Executive Board shall

call for a vote at the annual meeting on whether or not to reduce the amount of the annual

dues assessment to a lower figure which still adequately covers the budgeted expenditures for

the upcoming fiscal year.

ARTICLE 14: Insurance

The Association shall carry insurance covering liability, officers and directors, and errors and

omissions.

ARTICLE 15: Policy on Debt

It shall be the policy of the Association that the Association shall not incur debt for any

purpose, whatsoever.

ARTICLE 16: Long Range Spending Priorities

The Executive Board shall maintain a list of major spending projects that have long range

implications for the subdivision. The budget for any such project may span more than one (1)

year. Currently, the long-range spending priorities of the Association over the next few years

are as follows:

1) Complete the Entrances Upgrade Project.

2) Repair the Access Lot pier and other fixtures.

3) Creation of a Legal Fund.

ARTICLE 17: Spending Procedures and Record Keeping

 

Major spending projects must be approved by the Association at a general meeting, which

could be the Annual Meeting or any other general meeting. Thirty (30)days written notice must

be delivered to all lot owners describing the project(s), their cost and benefits. Approval of the

project(s) by a majority vote at the meeting is required prior to commencing with the major

expenditures of any such project. Following an affirmative vote, competitive bids shall be

taken. It shall be permissible for a member, or members, of the Association to bid on any

approved project, or to be associated with a bidding firm. The Executive Board will be

responsible for choosing a well-qualified and cost-effective bid. In regard to bids, the Executive

Board must ensure that a written contract or agreement document is obtained prior to

commencement of the project by the contractor, and that satisfactory warranty and/or bonding

conditions are spelled out in the document. A major spending project shall be defined as a

project costing $1,000 or more.

For a smaller project costing between $200 and $1,000 to begin, it must have been approved

in the annual budget or subsequently approved at a general meeting of the Association, and

the Executive board must approve the startup of the project and assure that funds are

available.

Minor expenditures for small projects or activities with estimated cost of less than $200 are

permissible with only the authority of the Executive Board, or simply the President, and can be

reimbursed by the Treasurer after the paid receipt has been initialed by the President or Vice-

President. Alternatively, a check in the exact amount can be obtained from the Treasurer in

advance to pay the cost.

Audit Trail - Paid receipts shall be submitted to the Treasurer for all expenditures. The

Treasurer shall retain the receipt, or a photo copy of it in a file labeled "PAID RECEIPTS" with

the fiscal year clearly on the label. This file and the Association's bank statements and

cancelled checks must be available for audit at any time, and retained in the archive of

Association business.

Independent Audit of Associations Records - The official records of the Association shall be

subject to an independent audit from time to time, with an audit of the previous fiscal year's

records being the standard although no more than two (2) successive fiscal years should pass

without an audit. It shall be the responsibility of the Executive board to schedule the audit by a

qualified party having CPA credentials.

ARTICLE 18: Legal Fund

The Executive Board shall see to it that monies for a legal fund are budgeted each year for the

gradual build-up of a legal fund, which over a period of a few years should reach a maximum

level of $7,000. From then on, if and when legal expenses are incurred, the expended monies

should be replaced with proceeds from annual dues as expeditiously as possible without

preventing expenditures on other necessary priorities or raising the amount of annual dues. If

and when the legal fund's balance falls below $7,000 (i.e. — legal expenses are incurred), the

Executive Board shall make recommendations to the Association at the next general meeting

on a plan and time frame for restoring the fund to the $7,000 level. These monies shall be kept

in a separate bank account, maintained at the same bank and branch at which the

Association's primary account resides.

The purposes of the legal fund shall be as follows:

 

1) To resist the effort(s) of any party or parties attempting to sue the Association. If confronted

with the prospect of litigation, the Board should first and foremost decide whether the

protection already available as a result of the Association's liability insurance coverage and/or

the protection afforded the Association and its members under law by virtue of being

incorporated in the state of North Carolina are adequate.

2) To assist the Association in its efforts to collect annual membership dues and/or impose

penalties related to failure of lot owners to pay their dues.

3) To assist the Association in its effort to enforce its Restrictive Covenants, consistent with

Articles 12 AND 18-B of these By-Laws.

4) Other needs as may be determined by a two-thirds (2/3) majority vote of the Association at

a general meeting.

ARTICLE 19: Judicial Committee Guidelines

A) Access Lot Rules: Complaints regarding violation(s) of the Access Lot rules shall be

reported in writing to the Judicial Committee, using a form provided by the committee, and

should present sufficient evidence or description of the infraction to justify the consideration of

the committee. Otherwise, the committee shall not review the complaint. The committee

chairperson, or a designated member or members of the committee, will attempt to contact the

alleged offender(s), if that person(s) live in the Bahia Bay subdivision, for their input before the

committee decides whether or not to recommend action to the Executive Board. If the alleged

offender(s) does not live in the subdivision, then the matter may be reported to the appropriate

law enforcement agency.

B) Restrictions: Article # 12 of these By-Laws addresses the Association's official policy

regarding complaints about alleged violations of the Restrictions. If a complaint is considered

by the offended party(s) to be a serious violation of general concern for the subdivision, then

the Judicial Committee should be notified in writing, including evidence of the violation. The

committee will review the complaint, and may decide to bring the complaint to the Executive

Board's attention for further consideration. If the Executive Board decides to take action, then

both the person(s) bringing the complaint and the alleged offender(s) will be contacted. The

Executive Board will make every effort to resolve the issue without resorting to legal action. If

this is not possible, then the Executive Board will decide whether or not to seek a legal

recourse.

ARTICLE 20: Removal of Executive Board Member (s) For Cause

The President, or any other member of the Executive Board, may be removed from their

elected position for a serious breach of trust by a two-thirds (2/3) majority vote of the property

owners present at a special meeting of the Association. If such a meeting is held, the officer(s)

being voted on shall not preside over the meeting. No less than thirty (30) days' written notice

shall be delivered to all property owners in advance of any such meeting.

ARTICLE 21: Replacement of Executive Board Member(s) For Cause

Should it become necessary to replace a member, or members, of the Executive Board before

the natural end of their term, then the remaining members of the Executive Board shall appoint

the replacement who should then serve out the term.

IN WITNESS WHEREOF, Bahia Bay Community Association, Inc. has caused these presents

to be signed by in its name by its President, and its corporate seal to be hereto affixed and

 

attested by its Secretary, all in pursuance of authority duly given by resolution of the

Association and its individual parties hereto have hereunto set their hands and seals the day

and year first above written.

Bahia Bay Community Association, Inc.

By: Michelle Wayland-Smith President

STATE OF NORTH CAROLINA

COUNTY OF MECKLENBURG

Foregoing duly notarized and

Deeds, Mecklenburg County,

filed as heretofore stated with the Office of the Register of

North Carolina.

 

 


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