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Bylaws for Fleetwood Plaza Condominiums[1] Scroll down to read the entire Bylaws, or click on any title in the Menu Bar to the left to go to a particular article or section, or to other documents. The Menu Bar will remain fixed on your screen, so you can always access it. When you are reading anywhere farther down in the document, a button will appear in the right margin which is a link back to the top of this page. Links or footnote numbers within this document lead to definitions of terms, related information, or specific articles or sections within this or other documents.
Article I
Section 1.
Applicability.
These
Bylaws
provide
for
the
self-government
of
Fleetwood
Plaza
Condominiums
in
accordance
with
the
Articles
of
Incorporation
for
Fleetwood
Plaza
Regime,
a
North
Carolina
non-profit
corporation,
and
the
Amended
and
Restated
Declaration
of
Condominium
for
Fleetwood
Plaza
Condominiums
recorded
in
the
Henderson
County,
North
Carolina,
Registry
of
Deeds.
Section 2.
Name.
The name of the corporation
is
Fleetwood
Plaza
Regime
(hereinafter
referred
to
as
the
"Association"
or
the
"Regime").
Section 3.
Membership.
As provided in the
North Carolina Condominium Act (N.C. Gen. Stat.
47C-1-101 et seq.) [hereinafter referred
to as
the
"Condominium
Act"],
an
Owner
of
a
Unit
shall
become
a
Member
of
the
Association
upon
taking
title
to
the
Unit
and
shall
remain a
Member
for
the
entire
period
of
ownership.
If
title
to
a
Unit
is
held
by
more
than
one
person,
the
membership
shall
be
shared
in
the same
proportion
as
the
title,
but
there
shall
be
only
one
(1)
membership
and
one
(1)
vote
per
Unit.
Membership
does
not
include
persons
who
hold
an
interest
merely
as
security
for
the
performance
of
an
obligation,
and
the
giving
of
a
security
interest
shall
not
terminate
the
Owner's
membership.
Membership
shall
be
appurtenant
to
each
Unit
and
shall
be
transferred
automatically
by
conveyance
of
that
Unit
and
may
be
transferred
only
in
connection
with
the
transfer
of
title.
Section
4.
Voting.
Each
Unit
shall
he
entitled
to
one
(1)
vote
which
may
be
cast
in
accordance
with
the
terms
herein.
A
vote
may
be
cast
by
the
Owner,
or
by
a
lawful
proxy,
as
provided
below,
and
shall
be
allocated
as
provided
in
the
Declaration.
When
more
than
one
person
owns
a
Unit,
the
vote
for
such
Unit
shall
be
exercised
as they
between
or
among
themselves
determine,
but
in
no
event
shall
more
than
one
(1)
vote
be
cast
with
respect
to
any
Unit.
In
the
event
of
disagreement
among
such
persons
and
an
attempt
by
two
or
more
of
them
to
cast
such
vote
or
votes,
such
persons
shall
not
be
recognized
and such
vote
or
votes
shall
not be
counted.
The
Board
may
prohibit
any
owner
from
voting,
either
in
person
or
by
proxy,
or
from
being
elected
to
the
Board
of Directors
if
such
owner
is
shown
on
the
books
or
management
accounts
of
the
Association
to
be
more
than
sixty
(60)
days
delinquent
in
any
payment
due
the
Association.
Section 5. Majority.
As
used
in
these
Bylaws,
for
any
vote
of
the
membership
held
in
accordance
with
or
pursuant
to
the
Declaration,
the
term
"majority"
shall
mean
those
votes,
owners,
or
other
group
as
the
context
may
indicate
totaling
more
than
fifty
percent
(50%)
of
the
total
number
of
eligible
votes,
owners,
or other
groups.
Unless
otherwise
specifically
stated,
the
words
"majority
vote"
shall
mean
more
than
fifty
percent
(50%) of
the
eligible
votes
of
the
Association
represented
at
a
meeting
in
person
or
by
proxy.
Unless
otherwise
provided
in
the
Declaration
or these
Bylaws,
all
decisions
shall
be
by
majority
vote.
Section 6.
Purpose.
The
Association
shall
have
the
responsibility
of administering
the
Condominium,
establishing
the
means
and
methods
of
collecting
the
contributions
to
the
common
expenses,
arranging
for
the
management
of
the
Condominium,
enforcing
the
Declaration
and
these
Bylaws,
and
performing
all
of
the
other
acts
that
may
be
required
to
be performed
by
the Association
by
the
Condominium Act
and
the
Declaration.
The Association
shall
also
amend
and supplement
the
system
of administration,
the
Declaration
and
these
Bylaws
as
may
be
required
from
time
to time
and
perform
all
other
things
or acts
required
or permitted
to
the
Association
under
the
Condominium
Act.
Except
as
to
those
matters
which
either
the
Condominium
Act,
the
Declaration,
these
Bylaws
or
the
North
Carolina
Nonprofit
Corporation
Act
specifically
require
to
be
performed
by
the
vote
of
the
Association,
the
administration
of
the
foregoing
responsibilities
shall
be performed
by
the
Board
of Directors,
as
is
more
particularly
set
forth
below.
Article II
Terms
as used
in
these
Bylaws
shall
have
the
meanings
as set
forth
in
Article
3
of
the
Declaration
unless
specifically
provided
otherwise
or
the
context
otherwise
requires.
Article III
Section 1.
Annual Meetings.
The
regular
annual
meeting
of
the
members
shall
be held
on
the second
Monday
in
September
at
a
time
and
place
designated
by
the
Board
of Directors.
Section 2.
Substitute Annual
Meetings.
If
an
Annual
Meeting
is
not held
on
the
day
designated
by
these
Bylaws,
then
a Substitute
Annual
meeting shall
be called
in
accordance
with
Sections
4 and
5 of this
Article.
A
meeting
so
called
shall
be designated
and
treated
for
all
purposes
as
an
Annual
Meeting.
Section 3.
Special Meetings.
Special
meetings
of
the
members
for
any
purpose
may
be
called
at
any
time
by
the
President,
and
shall
be
called
upon the
request
of a
majority
of
the
Board
of Directors, or
upon
the
written
request
of
Unit
owners
having
twenty
percent
(20%) of
the
votes
in
the
Association.
Section 4.
Notice of
Meetings.
It
shall
be
the
duty
of
the
Secretary
to
mail
or
to
cause
to
be delivered
to
the
Unit
Owners
a
notice
of
each
annual
or special
meeting
of
the
Association
at
least
ten
(10)
days
and not
more
than
fifty
(50)
days
prior
to
each
annual
or special
meeting.
The notice
of
any
meeting
must
state
the
time
and
place
of
the
meeting
and
the
items
on
the
agenda,
including
the
general
nature
of
any
proposed
amendment
to
the
Declaration
or
Bylaws,
any
budget
changes,
and
any
proposal
to
remove
a director
or
officer.
In
the
case
of a
Special
Meeting,
the
notice
of
the
meeting
shall
state
specifically
the
purpose
or
purposes
for
which
the
meeting
was
called.
Notices
shall
be delivered
personally
or
mailed
to
each
Owner
of record
at
his Unit;
if
any
Owner
wishes
notice
to
be
given
at
an
address
other
than
his
Unit,
the
Owner
shall
designate
by
notice
in
writing
to
the
Secretary
such
other
address.
The
mailing
or
delivering
of
a
notice
of
meeting
in
the
manner
provided
in
this
Section
shall
be
considered
service
of
notice.
Section 5.
Waiver of Notice.
Waiver
of notice
of
a
meeting
of
the
Owners shall
be
deemed
the
equivalent
of
proper
notice.
Any
Owner
may,
in
writing,
waive
notice
of
any
meeting
of
the
Owners,
either
before
or
after
such
meeting.
Attendance
at
a
meeting
by
an
Owner,
whether
in
person
or
by
proxy,
shall
be
deemed
waiver
by
such
Owner
of
notice
of
the
time,
date,
and
place
thereof,
unless
such
Owner
specifically
objects
to
lack
of
proper
notice
at
the
time
the
meeting
is
called
to
order.
Attendance
at
a
special
meeting
shall
also
be
deemed
waiver
of
notice
of
all
business
transacted
thereat,
unless
objection
to
lack
of
notice
is raised
before
the
business,
of
which
proper
notice
was
not
given,
is
put
to
a
vote.
Section 6.
Quorum.
The
presence
of
Owners
entitled
to
cast
one-half
(50%)
of
the
eligible
votes
of
the
Association,
in
person
or
by
proxy,
shall
constitute
a
quorum.
Section 7.
Adjournment.
Any
meeting
of
the
Owners
may
be
adjourned
from
time
to
time
by
the
President
or
Chairperson
or
by a
vote
of
the
Owners
holding
the
majority
of
the
votes
represented
at
such
meeting,
regardless
of
whether
a
quorum
is
present.
Any
business
which
could
be
transacted
properly
at
the
original
session
of
the
meeting
may
be
transacted
at
an
adjourned
session,
and
no
additional
notice
of
such
adjourned
session
shall
be
required.
Section 8.
Proxy.
Any
Member
entitled
to
vote
may
do
so
by
written
proxy
duly
executed
by
the
Member
setting
forth
the
meeting at
which
the
proxy
is
valid.
To
be
valid,
a proxy
must
be
filed
with
the
Secretary
prior
to
the
opening
of
the
meeting
for
which
it
is
to
be
used
and
must
be
dated.
No
proxy
shall
be
revocable
except
by
written
notice
delivered
to
the
Association
before
a
meeting
or,
if
at
the
meeting,
to
the
person
presiding.
Section 9.
Vote by Written
Ballot.
In
accordance
with
Section
55A-7-08
of
the
North
Carolina
Nonprofit
Corporation
Act,
any
action
that
may
be
taken
at
any
annual,
regular,
or
special
meeting
of
members
may
be
taken
without
a
meeting
if
the
Association
delivers
by
mail
or
otherwise
a
written
ballot
to
every
member
entitled
to
vote
on
the
matter.
Section 10.
Conduct and
Business.
Robert's
Rules
of
Order
(latest
edition)
shall
govern
the
conduct
of
the
meeting,
when
not in
conflict
with
the
Declaration,
Articles
of
Incorporation,
these
Bylaws,
or
any
ruling
made
by
the
person
presiding
over
the
meeting.
Article IV
Section 1.
Composition.
The
affairs
of
the
Association
shall
be
governed
by
a
Board
of
Directors.
The
Board
shall
be
composed
of
five
(5) directors.
Each
director
shall
be
an
Owner,
or
the
spouse
of
an
Owner
of
at
least
one
Unit;
provided,
however,
a
husband
and
wife
may
not serve on
the
Board
at
the
same
time.
Section 2.
Election and Term
of Office.
Directors
shall
be
elected
by
vote
of
those
persons
present,
in
person
or
by
proxy,
at
the
annual
meeting,
a
quorum
being
present.
Those
persons
receiving
the
most
votes
shall
be
elected
to
the
number
of
positions
to
be
filled.
The
term
of
office
for
directors
shall
be
for
three
(3)
years,
commencing
from
the
date
of
elections
and
continuing
until
the
election
of
successors.
Election
of
the
directors
shall
be
staggered
such
that
two
(2)
directors
shall
be
elected
one
year for
a
three
(3)
year
term
of
office,
and
the
following
year
two
(2)
directors
shall
be
elected
for
a
three
(3)
year
term
of
office,
and
the
following
year
one
(I)
director
shall
be
elected
for
a
three
(3)
year
term
of
office,
all
successors
being
elected
at
the
annual
meeting.
Section 3.
Nomination.
Nominations
for
election
to
the
Board
of
Directors
shall
be
by
a
Nominating
Committee
consisting
of
a
Chairperson,
who
shall
be
a
member
of
the
Board,
and
at
least
two
(2)
members
of
the
Regime.
The
Nominating
Committee
shall
be
appointed
by the
Board
prior
to
each
annual
meeting
of
the
members
to
serve
from
the
close
of
the
annual
meeting
until
the
close
of
the
next
annual
meeting,
and
such
appointment
shall
be
announced
at
each
annual
meeting.
The Nominating Committee
shall
make
as many
nominations
for
election
to
the
Board
as
it
shall,
in
its
discretion,
determine;
however,
in
no
event
shall
the
nominations
be
less
than
the
number
of
vacancies.
Nominations
may
also
be
made
from
the
floor
of
the
annual
meeting.
Section 4.
Removal of Members
of the Board of Directors.
At
any
regular
or
special
meeting
of
the
Association
duly
called
at
which
a
quorum
is
present,
any
one
or
more
of
the
members
of
the
Board
of
Directors
may
be
removed,
with
or
without
cause,
by
at
least
a
sixty-seven
percent
(67%)
vote
of
all
persons
present
and
entitled
to
vote
at
such
meeting
and
a successor
may
then
and
there
be
elected
to
fill
the
vacancy
thus
created.
Any
director
whose
removal
has
been
proposed
by
the
Members
shall
be
given
at
least
ten
(10)
days'
notice
of
the
calling
of
the
meeting
and
the
purpose
thereof
and
shall
be
given
an
opportunity
to
be
heard
at
the
meeting.
Additionally,
any
member
of
the
Board
of
Directors
who
has
been
absent
without
an
excuse
from
three
(3)
consecutive
Board
meetings
may
be
removed
from
the
Board
by
the
vote
of a
majority
of
the
Board
members
present
at
a
Board
meeting,
a
quorum
being
had.
Section 5.
Vacancies.
Vacancies
in
the
Board
of
Directors
caused
by
any
reason,
other
than
the
removal
of a
director
by
a
vote
of
the
Association,
shall
be
filled
by
a
vote
of
the
majority
of
the
remaining
directors,
even
though
less
than
a
quorum,
at
any
meeting
of
the
Board
of
Directors.
Each
person
so
selected
shall
serve
until
a
successor
shall
be
elected
at
the
next
annual
meeting
of
the
Association
to
fill
the
unexpired
portion
of
the
term.
Section 6.
Compensation.
No
Member
of
the
Board
shall
receive
any
compensation
from
the
Regime
for
acting
as
such;
provided,
however,
each
Director,
upon
approval
of
the
Board,
shall
be
reimbursed
for
reasonable
out-of-pocket
expense
incurred
and
paid
by
him
on
behalf
of
the
Regime,
and
nothing
herein
shall
prohibit
the
Regime
from
compensating
a Director
for
unusual
and
extraordinary
services
rendered
to
the
extent
authorized
by
the
Members
of
the
Association
at
any
meeting
called
for
that
purpose;
further
provided,
each
Director,
by
assuming
office,
waive
his
right
to
institute
suit
against
or
make
claim
upon
the
Regime
for
compensation.
Section 7.
Organizational
Meeting.
The
first
meeting
of
a
newly
elected
Board
shall
be
held
within
ten
(10)
days
of
election
at
such
time
and
place
as
may
be
determined
by
the
directors.
Section 8.
Regular Meetings.
Meetings
of
the
Board
of
Directors
shall
be
held
regularly
at
such
time
aid
place
as
shall
be
determined
from
time
to
time
by
the
Board.
There
shall
be
a minimum
of
six
(6)
meetings
of
the
Board
of
Directors
per
year.
Section 9.
Special Meetings.
Special
Meetings
of
the
Board
of
Directors
may
be
called
by
the
President
on
three
(3)
days`
notice
to
each
director
given
by
mail,
in
person
or
by
telephone,
which
notice
shall
state
the
time,
place,
and
purpose
of
the
meeting.
Special
meetings
of
the
Board
of
Directors
shall
be
called
by
the
Vice
President,
Secretary,
or
Treasurer
in
like
manner
and
on
like
notice
on
the
written
request
of
at
least
two
(2)
directors.
Section 10.
Waiver of Notice.
Any
director
may,
at
any
time,
in
writing,
waive
notice of
any
meeting
of
the
Board
of
Directors,
and
such
waiver
shall
be
deemed
equivalent
to
the
giving
of
such
notice.
Attendance
by
a
director
at
any
meeting
of
the
Board
of
Directors
shall
also
constitute
a
waiver
of
notice
by
him
of
the
time
and
place
of
such
meeting.
If
all
directors
are
present
at
any
meeting
of
the
Board
of
Directors,
no
notice
shall
be
required
and
any
business
may
be
transacted
at
such
meeting.
Section 11.
Conduct of
Meetings.
The
President
shall preside over all meetings of the Board of Directors, and the
Secretary shall keep a minute book recording therein all resolutions
adopted by the Board of Directors and a record of all transactions
and proceedings occurring at such meetings.
Robert's Rules of Order
(latest edition) shall govern the
conduct of the meetings of the Board of Directors when not in
conflict with the
Condominium Act, the Declaration, the Articles of
Incorporation, these Bylaws, or an ruling made by the person presiding
over
the
meeting.
A majority of directors shall constitute a quorum for the
transaction
of
business.
A
decision
of
the
Board
of
Directors
shall
be
by
a
majority
of
those
directors
present
at
the
duly
called
meeting.
The
President
may
vote.
Section 12.
Action Without a
Meeting.
Any
action
by
the
Board
of Directors
required
or permitted
to
be
taken
at
any
meeting
may
be
taken
without
a
meeting
if
all
of
the
members
of the
Board
of
Directors
shall
individually
or
collectively
consent
in
writing
to
such
action.
Such
written
consent or
consents
shall
be filed
with
the
minutes
of
the
Board
of Directors.
Any
action
taken
without
a
meeting,
must
be
unanimously
agreed
upon
by
the
Board
and
written
consent
to
the
action
by
all
Directors
must
be
filed
with
the
minutes
of
the
Board
of
Directors.
Section 13.
Tie Votes.
In
the
event
of
a
tie
vote
by
the
Board
of
Directors,
the
President
may,
in
addition
to
his
vote
as
a
Board
member,
exercise
a
supplemental
vote
to
break
the
tie
vote.
Section 14.
Powers and
Duties.
The
Board
of
Directors
shall
manage
the
affairs
of
the
Association
and
shall
have
all
the
powers
and
duties
necessary
for
the
administration
of
the
Condominium
and
may
do
all
such
acts
and
things
as
are
not
by
the
Declaration,
Articles
of
Incorporation,
or
these
Bylaws
directed
to
be
done
and
exercised
exclusively
by
the
Association
Members.
The
Board
shall
have
the
power
to
adopt,
modify,
and
repeal
such
reasonable
rules
and
regulations
as
it
deems
necessary
and
appropriate
for
the
governance
of
the
Condominium
or
the
administration
of
the
affairs
of
the
Association
and
to
impose
sanctions
for
violations
thereof
including,
without limitation,
monetary
fines.
Such
powers
and
duties
shall
include
but
not
be
limited
to:
Section 15.
Management Agent.
The
Board
of
Directors
may
employ
for
the
Condominium
a
professional
management
agent
or
agents,
at
a
compensation
established
by
the
Board
of
Directors,
to
perform
such
duties
and
services
as
the
Board of Directors
shall
authorize.
Any
management
contract
shall
contain
a
termination
clause
permitting
termination
without
cause
and
without
penalty,
upon
no
more
than
thirty
(30)
days
written
notice. Section 16. Architectural Standards. The Board may establish an Architectural Standards Committee for the purpose of establishing and maintaining architectural standards on Condominium property, as hereinafter provided.
Section 17.
Additional
Committees.
The
Board may
establish
such
other
committees
as
it
deems
desirable.
Section 18.
Committee
Chairpersons and Members.
The
Board
shall
elect
the
chairperson
and
approve
the
members
of
each
committee
established.
Article V
Section 1.
Designation.
The
officers
of
the
Regime
shall
consist
of
a President,
a
Secretary
a
Treasurer,
and
such
Vice-Presidents,
Assistant
Secretaries,
Assistant
Treasurers,
and
other
officers
as
the
Board
may
from
time
to
time
elect.
Except
f
o
r
the
President,
no officer
need
be a
member
of
the
Board.
Section 2.
Election of
Officers.
The
officers
of
the
Association
shall
be
elected
annually
by
the
Board
of Directors
at
the
first
meeting
of
the
Board
following
each
annual
meeting
of
t
h
e
members
and
shall
hold
office
at
the
pleasure
of
the
Board
of
Directors
and
until
a
successor
is
elected.
Section 3.
Removal of
Officers.
Upon
the
affirmative
vote
o
f a
majority
of
the
members
of
the
Board
of Directors,
any
officer
may
be
removed, either
with
or
without
cause,
and
a
successor
may
be
elected.
Section 4.
President.
The
President
shall
be the
chief
executive
officer
of
the
Association
and
shall
preside
at
all
meetings
of
the
Members
and
of
the
Board
of Directors.
The
President
shall
have
all
the
general
powers
and
duties
which
are
incident
to
the
office
of
the
president
of
a
corporation
organized
under
the
North
Carolina
Nonprofit
Corporation
Act.
Section 5.
Vice Presidents.
The
Vice
Presidents,
if
any,
in
the
order
of
their
election,
unless
otherwise
determined
by
the
Board
shall
act
in
the
President's
absence
and
shall
have
all
powers,
duties,
and
responsibilities
provided
for
the
President
when
so
acting.
Section 6.
Secretary.
The
Secretary
shall
keep
the
minutes
of
all
meetings
of
the
members
and
of
the
Board
of Directors
and
shall
have
charge
of such
books
and
papers
as
the
Board
of
Directors
may
direct
and
shall,
in
general,
perform
all
duties
incident
to
the
office
of
the
secretary
of
a
corporation
organized
in
accordance
with
North
Carolina
law.
Section 7.
Treasurer.
The
Treasurer
shall
have
the
responsibility
for
the
Association's
funds
and
securities
and
shall
be
responsible
for
keeping
full
and
accurate
financial
records
and
books
of
account
showing
all
receipts
and
disbursements,
for
preparing
all
required
financial
statements
and
tax
returns,
and
for
the
deposit
of
all
monies
and
other
valuable
effects
in
the
name
of
the
Association
or
the
managing
agent
in
such
depositories
as
may
from
time
to
time
be
designated
by
the
Board
of Directors.
Furthermore,
the
Treasurer
shall
cause
an
annual
audit
or
review
of
the
Regime’s
books
as
directed
by
the
Board
or
the
Association
pursuant
to
Article
IX,
Section
6
of
these
Bylaws.
Section 8.
Amendments to
Declaration and Bylaws.
The
Board
of Directors
shall
prepare
and
the
President
shall
execute,
certify,
and
record
amendments
to
the
Declaration
and
Bylaws
on
behalf
of
the
Association.
The
Secretary
shall
attest
to
such
execution
and
certification.
Article VI
The
Association
shall
indemnify
every
officer
and
director
against
any
and
all
expenses,
including
legal
fees,
reasonably
incurred
by
or
imposed
upon
such
officer
or
director
in
connection
with
any
action,
suit,
or
other
proceeding
(including
settlement
of
any
such
action,
suit,
or
proceeding,
if
approved
by
the
then
Board
of Directors)
to
which
he
or
she
may
he
made
a
party
by
reason
of
being
or
having
been
an
officer
or
director,
whether
or
not
such
person
is
an
officer
or
director
at
the
time
such
expenses
are
incurred.
The
officers
and
directors
shall
not
be
liable
for
any
mistake
of
judgment,
negligent
or
otherwise,
except
for
their
own
individual
willful
misfeasance
or
malfeasance.
The
officers
and
directors
shall
have
no
p
e
r
s
o
n
a
l
liability
with
respect
to
any
contract
or
other
commitment
made
by
them,
in
good
faith,
on
behalf
of
the
Association
(except
to
the
Association),
and
the
Association
shall
indemnify
and
forever
hold
each
such
officer
and
director
free
and
harmless
against
any
and
all
liability
to
others
on
account
of
any
such
contract
or
commitment.
Any
right
to
indemnification
provided
for
herein
shall
not
be
exclusive
of
any
other
rights
to
which
any
officer
or
director,
or
former
officer
or
director,
may
be
entitled.
The
Association
shall
as
a common
expense
maintain
adequate
general
liability
and,
if
obtainable,
officers'
and
directors'
liability
insurance
to
fund
this
obligation,
and
the
insurance
shall
be
written
as provided
in
the
Declaration.
Article VII[2] Section 1. Notices. Unless otherwise provided in these Bylaws, all notices, demands, bills, statements, or other communications under these Bylaws shall be in writing and shall be deemed to have been duly given if delivered personally or if sent by United States mail, first class postage prepaid:
Section 2.
Severability.
The
invalidity
of
any
part
of
the
Declaration
or
these
Bylaws
shall
not
impair
or
affect
in
any
manner
the
validity,
enforceability,
or
effect
of
the
balance
of
the
Declaration
or
these
Bylaws.
Section 3.
Captions.
The
captions
herein
are
inserted
only
as
a
matter
of convenience
and
for
reference
and
in
no
way
define,
limit,
or
describe
the
scope
of
the
Declaration
or
these
Bylaws
or
the
intent
of
any
provision
thereof.
Section 4.
Gender and
Grammar.
The
use
of
the
masculine
gender
in
the
Declaration
or
these
Bylaws
shall
be
deemed
to
include
the
feminine
gender,
and
the
use
of
the
singular
shall
be
deemed
to
include
the
plural,
whenever
the
context
so
requires.
Section 5.
Fiscal Year.
The
fiscal
year
shall be
set
by
resolution
of
the
Board
of Directors. Section 6. Audit. An audit or review of the accounts of the Association shall be made annually in the manner directed by the Board and results communicated to each of the members. However, after having received the Board's audit or review at the annual meeting, the Owners may, by a majority of the total Association vote, require that the accounts of the Association be audited as a common expense by an independent accountant.
Section 7.
Conflicts.
In
the
event
of
conflicts
between
the
North
Carolina
Condominium Act,
the
Declaration,
these
Bylaws,
and
Board
Resolutions,
the
Condominium
Act,
the
Declaration,
the Bylaws
and
Board
Resolutions
shall
control,
in
that
order.
Section 8.
Amendment.
These
Bylaws
may
be
amended
by
the
affirmative
vote,
written
consent,
or
any
combination
of
affirmative
vote
and
written
consent
of
the
members
holding
a
majority
of
the
total
votes
entitled
to
be
cast
on
the
amendment.
Notice
of
any
meeting
at
which
an
amendment
will
be
considered
shall
state
that
fact
and
the
subject
matter
of
the
proposed
amendment.
No
amendment
shall
become
effective
until
it
is
recorded
in
the
Registry
of
Deeds
of
Henderson
County,
North
Carolina.
Section 9.
Books and Records.
All
members
of
the
Association
and
all
mortgagees
shall,
upon
written
request,
be
entitled
to
inspect
all
books
and
records
of
the
Association
during
normal
business
hours
at
the
office
of
the
Association
or
other
place
designated
reasonably
by
the
Board
of Directors
as
the
depository
of
such
books
and
records. [1] Every effort has been made to guarantee that this on-line version of the Bylaws is a faithful reproduction of the printed version. If any substantive difference between the two should exist, it is the printed version that is authoritative.
[2]
The former
Article VII, “Maintenance Responsibility”, and Article VIII,
“Enforcement Procedures”, were deleted by vote of owners at the Annual
Meeting of September 12, 2016.
The substance of these two articles now appear in the Declaration
as Articles 20-21 and
Article 22, respectively.
Article IX was renumbered as Article VII. |
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