BOOK OF RESOLUTIONSWHEREAS, Article VII of the Bylaws assigns the Board of Directors all of the powers and duties necessary for the administration of the affairs of the Association and further states that the Board may do all such acts and things as are not by the Declaration or the Bylaws required to be exercised and done by the Association;WHEREAS, there is a need for the Board to keep a record of the actions and decisions taken in the performance of its duties; and
WHEREAS, it is the intent of the Board to maintain a record of its decisions in addition to the customary Book of Minutes;
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors shall create a Book of Resolutions, which shall be an orderly and indexed record of the resolutions adopted by the Board, and the Covenants Committee, and of the Rules and Regulations promulgated by the Association.
I. CLASSIFICATION OF RESOLUTIONS
The resolutions of the Board shall be classified as follows:
A. “Policy Resolutions” means resolutions adopted by the Board, which specifically relate to the long-term governance of the Association, including without limitation actions affecting the property rights, obligations and equity of both the Association and the individual Owners.
B. “Administrative Resolutions” means those resolutions adopted by the Board, which deal with the internal operation and structure of the Association including, without limitation, resolutions adopted with respect to financial procedures and committee terms of reference.
C. “General Resolutions ” means those resolutions adopted by the Board with respect to specific expenditures, single task actions, and other matters which have no continuing, far-reaching or precedent-setting implications.
D. “Special Resolutions” means (1) resolutions adopted by the Board or the Covenants Committee with respect to questions of compliance by an 0wner or Resident with the provisions of the Homeowners Association Instruments (By-Laws, Declaration of Covenants, Restrictive Covenants and Articles of Incorporation) or the Book of Resolutions; and (2) resolutions adopted by the Board or Covenants Committee in the course of issuing an interpretation of the Homeowners Association Instruments.
II. FORMAT OF THE BOOK OF RESOLUTIONS
The Book of Resolutions shall contain a separate section for each classification of resolution herein described. Policy, Administrative, General and Special Resolutions shall be recorded in Sections I, II, III and IV of the Book of Resolutions, respectively, and shall be attached to the minutes of the meeting at which they are adopted. An alphabetical index of resolutions and an index to such resolutions by topic shall appear at the conclusion of the Book of Resolutions.
III. FORMAT OF RESOLUTIONS
The format of resolutions shall conform to the format set out on the attached Exhibit A.
IV. RESPONSIBILITY
The secretary or Managing Agent shall be responsible for maintaining the Book of Resolutions and promptly providing the Owners and Tenants with appropriate notice of any additions or changes thereto.
V. INSPECTION
The Book of Resolutions shall be available for inspection upon request by any Owner or Mortgagee at the office of the Managing Agent during normal business hours.
VI. CONFLICTS
If there is a conflict between the provisions contained in the Book of Resolutions and those in the Declaration or the Bylaws, then the provisions of each shall control in the following order: the Declaration, the Bylaws and the Book of Resolutions.
VII. SEVERABILITY
The invalidity of any portion of the Book of Resolutions shall not impair or affect in any manner the validity, enforceability or effect of the balance of the Book of Resolutions.
VIII. APPLICABILITY
Any reference made herein with respect to actions taken by the Association shall include the Managing Agent where the Association has delegated its authority to take such action to the Managing Agent.
IX. COMPLIANCE
All Owners, their households, tenants, employees, guests, licensees and invitees shall comply with the provisions of the Book of Resolutions.
X. ENFORCEMENT
The Association, Declarant, any successor Declarant, any Owner or Tenant shall have the right to enforce, by any proceeding set forth herein or at law or in equity, all provisions of this Book of Resolutions and the Homeowners Association Instruments. Failure by the Association, Declarant, a successor Declarant, any Owner or Tenant to enforce any of the provisions of this Book of Resolutions shall in no event be deemed a waiver of the right to do so thereafter. A waiver of such rights shall be effective only pursuant to a written instrument signed by the party to be charged with such waiver. Such instrument shall operate as a waiver of only those provisions which are expressly waived therein.
XI. VIOLATION AND NUISANCE
Every act or omission which, in whole or part, violates any provision of this Book of Resolutions is hereby declared to be a nuisance and may be enjoined or abated by the Association, the Declarant, any successor of Declarant or any Owner, whether or not the relief sought is for negative or affirmative action.
XII. VIOLATION OF ASSOCIATION RULES AND REGULATIONS
All Owners, their households, tenants, employees, guests, licensees and invitees must observe and abide by all Rules and Regulations adopted by the Association. If an Owner or such Owner’s tenant, or such Owner’s (or tenant’s) household, employees, guests, licensees and invitees violates a rule or regulation then such Owner shall hold the Association harmless for any and all damages or losses that may ensue.
XIII. VIOLATION OF LAW
Any violation by an Owner or such Owner’s tenant, or such Owner’s (or tenant’s) household, employees, guests, licensees and invitees of any applicable law, ordinance or regulation, pertaining to the ownership, occupation or use of any portion of the Homeowners Association is hereby declared to be a violation of this Book of Resolutions and such Owner may be subject, at the discretion of the Board, to any or all of the enforcement procedures set forth herein.
XIV. REMEDIES CUMULATIVE
Each remedy set forth in this Book of Resolutions shall be in addition to all other remedies available at law or in equity and all such remedies, whether or not set forth in this Book of Resolutions, shall be cumulative and not exclusive.
XV. REFERENCE OF PRONOUNS
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular and plural as the identity of the person or persons or entities may require.
XVII. METHOD OF ADOPTION
All resolutions shall contain the date of adoption and an indication of whether they were adopted at a regular or special meeting of the Board.
XVIII. AMENDMENT
The Association reserves the right to alter, amend, modify, repeal or revoke any provisions set forth in this Book of Resolutions at any time by resolution of the Association or the Board of Directors.
RESOLUTIONS ACTION RECORDED
Resolution Type: Policy
No. 1987-1
Pertaining to: Establish a book of resolutions
Duly adopted at a Meeting of the Board of Directors held: Thursday, October 22, 1987
Motion by: Lee Lively
Seconded by: Barry Dale
Signed and Voted by
President: R. M. Kellam Yes
Vice President: Barry Dale Yes
Treasurer:
Secretary: Pamela Starling Yes
Director: Lee Lively Yes
Director: Tom M. Goven Yes
Attest: Pamela Starling, Secretary, October 22, 1987
FILE:
Book of Minutes: 1987
Book of Resolutions: Policy
Book No.: 1987
Page No.: 1
Resolution effective: October, 22, 1987
SIGN APPROVAL PROCEDURES
WHEREAS, Article VII of the Bylaws assigns the Board of Directors all of the powers and duties necessary for the administration of the affairs of the Association and further states that the Board may do all such acts and things as are not by the Declaration of By laws required to be exercised and done by the Association;WHEREAS, Article VIII of the Declaration of Covenants, Conditions and Restrictions prohibits signs to be erected or maintained on the premises;WHEREAS, the Board recognizes the need for further interpretation;
NOW, THEREFORE, BE IT RESOLVED THAT, all signs other than one (1) “For Sale” or “For Rent” sign per lot shall require Architectural Control Committee approval through the normal application process.
RESOLUTIONS ACTION RECORDED
Resolution Type: Policy
No. 1988-1
Pertaining to: Signs
Duly adopted at a Meeting of the Board of Directors held: January 28, 1988
Motion by: Pamela Starling
Seconded by: Linda Rosinski
Signed and Voted by
President: Ronald Kellam Yes
Vice President: Barry Dale Yes
Treasurer:
Secretary: Pamela Sterling Yes
Director: Linda J. Rosinski Yes
Director: Tom M. Goven Yes
Attest: Pamela Sterling, Secretary, January 28, 1988
FILE:
Book of Minutes: 1988
Book of Resolutions: Policy
Book No.: 1988
Page No.: 1
Resolution effective: January 28, 1988
SCREENED AREA DEFINITION
WHEREAS, Article VII of the Bylaws assigns the Board of Directors all of the powers and duties necessary for the administration of the affairs of the Association and further states that the Board may do all such acts and things as are not by the Declaration or Bylaws required to be exercised and done by the Association;WHEREAS, Article XIV of Declaration of Covenants, Conditions and Restrictions states owners of lots shall not be permitted to park boats, trailers, campers and all other similar property on the streets in the development, and such property shall be parked in a garage and screened area;WHEREAS, the Board recognizes the need for further interpretation;
NOW, THEREFORE, BE IT RESOLVED THAT, “screened” shall mean an area within the rear lot space of such lot, which area shall be shielded from public view and observation from each adjoining lot by one of the following methodologies:
1. Planting of shrubbery of at least six feet in height along as many sides of the object to be screened as are necessary to screen such object from view from adjoining lots; or
2. Erection of a fence of appropriate height, quality, style and location and as approved pursuant to Article V of the Declaration of Covenants, Conditions and Restrictions for Common Properties In Banbury Woods Subdivision and Provisions of Banbury Woods Homeowners Association.
RESOLUTION ACTION RECORDED
Resolution Type: Policy
No. 1990-2
Pertaining to: Definition of “screened”
Duly adopted at a Meeting of the Board of Directors held: November 8, 1989
Motion by: Jack Gallagher
Seconded by: Dale R. Mancuso
Signed and Voted by
President: Ronald M. Kellam Yes
Vice President: Jack Gallagher Yes
Treasurer:
Secretary: Jack Gallagher Yes
Director: Linda J. Rosinski Yes
Director: Frank Picarelli Yes
Attest: Jack Gallagher, Secretary, January 25, 1990
FILE:
Book of Minutes: 1990
Book of Resolutions: Policy
Book No.: 1990
Page No.: 2
Resolution effective: January 25, 1990
EXCESS INCOME PROCEDURES
WHEREAS, Article VII of the ByLaws assigns the Board of Directors all of the powers and duties necessary for the administration of the affairs of the Association and further states that the Board may do all such acts and things as are not by the Declaration or Bylaws required to be exercised and done by the Association;WHEREAS, Article IV of the Declaration of Covenants, Conditions and Restrictions allows for the collection of assessments from lot owners so the Board of Directors may exercise their Powers and duties for the proper maintenance of the Association as outlined in Article VII of the ByLaws;WHEREAS, the Board recognizes the need for further interpretation of the rate of assessments collected versus the actual expenses of the Association and the desire to collect only those monies necessary to pay actual expenses;
NOW, THEREFORE, BE IT RESOLVED THAT, excess income collected from assessments in a given year shall and will be used to offset the projected expenses of the following year by the lowering of the assessment rate or maintaining it at the current level.
RESOLUTION ACTION RECORDED
Resolution Type: Policy
No. 1991-1
Pertaining to: Excess income procedures
Duly adopted at a Meeting of the Board of Directors held: May 2, 1991
Motion by: Jack Gallagher
Seconded by: Ron Kellam
Signed and Voted by
President: Jack Gallagher Yes
Vice President: Dale R. Mancuso Yes
Treasurer:
Secretary: Frank Picarelli Yes
Director: R. M. Kellam Yes
Director: Barbara Winch Yes
Attest: Frank Picarelli, Secretary, May 2, 1991
FILE:
Book of Minutes: 1991
Book of Resolutions:
Book No.: 1991
Page No.: 1
Resolution effective: May 2, 1991
RE: EXCESS INCOME APPLIED TO
THE FOLLOWING YEAR’S ASSESSMENT
WHEREAS, the Banbury Woods Association is a North Carolina corporation duly organized and existing under the laws of the State of North Carolina; and
WHEREAS, the members desire that the corporation shall act in full accordance with the rulings and regulations of the Internal Revenue Service;
NOW, THEREFORE, the members hereby adopt the following resolution by and on behalf of the Banbury Woods Homeowners Association:
RESOLVED, that any excess of membership income over membership expenses as defined in IRS Reg. 1.277-1 for the year ended December 31, 1991, shall be applied against the subsequent tax year member assessments as provided by IRS Revenue Ruling 70-604.
This resolution is adopted and made a part at the minutes at the meeting of October 29,1991
By: Jack Gallagher, President
Attested: Barbara Winch, Secretary
VIOLATIONS, FINES AND PENALTY POLICY
WHEREAS, Article VII of the ByLaws assigns the Board of Directors all of the powers and duties necessary for the administration of the affairs of the Association and further states that the Board may do all such acts and things as are not by the Declaration or Bylaws required to be exercised and done by the Association;WHEREAS, Article VII, Section I(a), of the ByLaws give the Board the power to establish penalties for the infraction of rules and regulations;WHEREAS, the Board recognizes the need for more detailed guidelines and procedures to be followed for violations and fines;
NOW, THEREFORE, BE IT RESOLVED THAT, the procedure for violations and non-compliance shall be:
1. NOTICE
a) One notice will be mailed to the any owner noting the violation and a 30-day grace period for compliance to avoid penalties.
b) A site inspection will be performed after the 30-day grace period has expired. If the violation has been corrected, the matter will be closed. A remaining violation will result in further compliance actions.
The Association reserves the right to extend the grace period based on circumstances or issue subsequent notices to better define the violation.
2. PENALTIES
a) Penalties consist of fines and contractor fees. Any violation or non-compliance remaining after notice and the so stated grace period will result in a fine as described in 2-c. If a contractor is required to correct the violation, or an attorney or any other professionals are needed for compliance, any and all costs will be assessed to the lot owner’s account.
b) If a contractor cannot correct the violation, additional fines will be assessed on each subsequent site visit wherein the violation remains or occurs again.
c) Fine Schedule:
(a) First non-compliance or violation: a fine not in excess of Fifty Dollars ($50.00)
(b) Second non-compliance or violation: a fine not in excess of one Hundred Dollars ($100.00)
(c) Third and subsequent non-compliance, or violation or violations that are of a continuing nature: This would include re-occuring violations in which the homeowner had received a first and second notice of the same or similar violation. A fine not in excess of One Hundred Dollars ($100.00) for each week and/or any portion of a week of continued violation or non-compliance.
d) Notice of the fine will be issued by letter or invoice to the lot owner.
e) Contractor or professional fees will be issued by invoice to the owner.
f) Any penalty not paid by ten (10) days from the date of notice will be added to the lot owner’s account. The unpaid balance will accrue interest, will be pursued under the Association’s collection policy and may result in a lien against the property.
3. APPEAL
a) Appeals for assessed penalties MUST be made in writing addressed and delivered to the office of the Association. Any and all appeals MUST be performed by the lot owner or his assigns.
b) Appeals will be reviewed at the next regularly scheduled Board meeting. Notice of the Board’s ruling will be issued in writing to the lot owner within seven (7) days of the meeting.
c) The Board reserves the right to invite the appealing owner or his assigns to the meeting. In most cases the owner’s presence will not be necessary.
d) Owners or assigns attending a meeting for appeals will not be heard without the prior written appeal and scheduling with the Association’s management office.
Meeting with an owner or assigns prior to reviewing written information on the matter will greatly prohibit the Board’s ability to discuss the matter and therefore reduce the effectiveness of the appeal.
The finding of the Board is final. Additional appeals will not be considered.
SCREENED AREA DEFINITION
WHEREAS, Article VII of the Bylaws assigns the Board of Directors all of the powers and duties necessary for the administration of the affairs of the Association and further states that the Board may do all such acts and things as are not by the Declaration or Bylaws required to be exercised and done by the Association;WHEREAS, Article XIV of Declaration of Covenants, Conditions and Restrictions states owners of lots shall not be permitted to park boats, trailers, campers and all other similar property on the streets in the development, and such property shall be parked in a garage and screened area which is approved by the Architectural Committee in accordance with such items adopted by the Board of Directors of the Association;WHEREAS, the Board recognizes the need for further interpretation;
NOW, THEREFORE, BE IT RESOLVED THAT, “screened AREAS” shall mean an area within the rear lot space of such lot. Such “Screened Area” shall be shielded from public view, including the streets within the Subdivision, and observation from each adjoining lot by one of the following methodologies:
1. Planting of shrubbery of at least six feet in height at the time of planting along as many sides of the object to be screened as are necessary to screen such object from view; Natural wooded areas are not a substitute for screening, but may be considered part of the screening depending on seasonal density; or
2. Erection of a fence of appropriate height, quality, style and location and as approved by the Architectural Committee pursuant to Article V and X of the Declaration of Covenants, Conditions and Restrictions for Common Properties In Banbury Woods Subdivision and Provisions of Banbury Woods Homeowners Association.