Fleetwood Plaza Regime
An Overview of
"THE REDBOOK"


There are a number of documents which govern the covenantal relationship and community life among the owners and residents at Fleetwood.  These include:
    1.  The North Carolina Non-Profit Corporation Act
    2.  The North Carolina Condominium Act
    3.* The Charter, i.e., the Articles of Incorporation
    4.* The Declaration
    5.* The Bylaws
    6.*  Required lease agreements (when units are rented)
    7.*   Rules & Regulations issued by the Board
*In 2007, when the Declaration was amended, the four items numbered 3 - 6, with a "narrative summary" of the primary rules and regulations at that time, were collected into a single document, informally known as "The Redbook".  At that time it was distributed in print form to all residents and a PDF version was created and posted to the website.  The Rules & Regulations change as circumstances warrant and have been distributed and/or published to the website as they are approved or amended by the Board.  In 2016, the owners approved a collection of several amendments to the Declaration and Bylaws.
 
The intention of this portion of the website is to make these important documents more accessible and usable by (1) presenting the most recent version of each and by (2) presenting them with hyperlink menus and interconnections to facilitate easy navigation to a particular section of a document or from one section to other related sections of that or other documents.  Click on any of the labels below to go to the document named.

The Articles of Incorporation for Fleetwood, which was incorporated as a non-profit corporation, Fleetwood Plaza Regime, in August of 1982.
The basic document governing Fleetwood, filed in accordance with the Condominium Act in October, 2001, amended in June, 2007, and amended in September, 2016.
The Bylaws of the Fleetwood Plaza Regime, an extension of the Declaration, specifying how the governing Board is elected and listing its powers and responsibilities, amended in September, 2016.
The day-to-day rules governing life at Fleetwood, made by the Board or by the owners as a whole.  These rules are periodically reviewed and updated by the Board.
A model lease form that incorporates all the features required by the Declaration for valid lease of a unit at Fleetwood.  Currently this is the only lease form approved by the Board.

   Below are links to printable PDF versions of the Redbook, each containing all of the information identified above: charter, declaration, bylaws, lease agreement, and (at least partially) rules and regulations.  These are lengthy documents and may take some time to download.

"Original" 2007
 (81 pages)
The original printing of the Redbook, historically interesting, but difficult to navigate because it was a scan of a physical "cut-and-paste"; i.e., a considerable amount of the previous language (superseded by later amendment) was left in, and new language was not located where it belonged.
 
"Clean" 2007
 (57 pages)
The same content as the original, but without the problems identified above; i.e., language deleted by amendment does not appear and new language is located in its proper place.
  
2016
 (67 pages)
The Redbook documents, including amended language approved at the Annual Meeting in 2016 and with an expanded version of the "Narrative Summary" section from the previous version.
 
2017
 (86 pages)
The Redbook documents, including amended language approved at the Annual Meeting in 2016 and with a "Rules & Regulations" section expanded, amended, and reorganized in 2017 to incorporate all existing rules and related policies as of December, 2017.
 

   The links below will take you to the appropriate section of the North Carolina Statutes posted online.  Each will open in a new window or tab.

Condominium Act 

Nonprofit Corporation Act


Time Share Act (Scroll to § 93A-39.)



Articles of Incorporation (Charter)

 

I, the undersigned, being more than 18 years of age, and acting as incorporator for the purposes of creating a non-profit corporation under the laws of the state of North Carolina as contained in Chapter 55A of the General Statutes of North Carolina entitled "Non-Profit Corporation Act," and the several amendments thereto, do hereby set forth:

  1. The name of the corporation is Fleetwood Plaza Regime.

  2. The period of duration of the corporation is perpetual.

  3. The purposes for which the corporation is organized are:

    1. To provide for the acquisition, construction, management maintenance and care of association property.

    2. To serve as the governing body of the association of unit owners of the Fleetwood Plaza Condominium located or to be located in the Fleetwood Section of the Town of Laurel Park located in Henderson County, North Carolina.

    3. To conduct a fraternal association among members of the corporation.

    4. To promote the moral and social welfare of its members.

    5. To facilitate and maintain good and neighborly relations among neighbors.

    6. To promote the appearance of the real estate known as Fleetwood Plaza Condominiums and of the real estate owned by the members, individually, so as to make more attractive the property owned by the association, condominium units owned by the individual members, and common areas and facilities and limited common areas and facilities owned as tenants in common by the individual members.

    7. Notwithstanding any of the provisions of these Articles, exclusively for those purposes which will qualify the corporation as a homeowners association within the meaning of §52II of the Internal Revenue Code of 1954, as amended (or the corresponding provision of any future United States Internal Revenue law).

  4. The corporation shall have one class of members, the designation, qualifications and rights of which shall be set forth in the initial B y-Laws adopted by the directors or in any amendments thereto.

  5. The directors of the corporation shall be elected or appointed in the manner and for the term provided in the By-Laws.

  6. No part of the net earnings of the corporation shall inure (other than by acquiring, constructing, or providing management, maintenance, and care of association property, and other than by rebate of excess membership dues, fees, or assessments) to the benefit of, or be distributable to, its directors, officers, members, or other private persons. Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activity not permitted to be carried on by a homeowners’ association as defined in 4528 of the Internal Revenue Code of 1954, as amended (or the corresponding provision of any future United States Internal Revenue law).

  7. The name and address of the initial registered agent of the corporation in the state of North Carolina is Richard S. Merrill, Jr., 228 North Church Street, Hendersonville, Henderson County, North Carolina, 28739.

  8. The number of directors constituting the initial Board of Directors shall be three. The names of the persons who are to serve as the initial Board of Directors are:

NAME

Richard S. Merrill, Jr.


Thomas H. Pride


Charles M. Tinsley

ADDRESS

228 North Church Street
Hendersonville, Henderson County, NC 28739

Route 2, Box 269, Bearwallow Road
Hendersonville, Henderson County, NC 28719

226 Robinwood Trail
Hendersonville, Henderson County, NC 289739
  1. The name and address of the incorporator is as follows: Richard S. Merrill, Jr., 228 North Church Street, Hendersonville, Henderson County, North Carolina, 28739.


IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this  11th  day,  August , 1982.


____________________________
RICHARD S. MERRILL, JR.    

STATE OF NORTH CAROLINA
COUNTY OF HENDERSON