BYLAWS
Forest Park Property
Owners Association
This document sets out the Bylaws of
the Forest Park Property Owners Association Inc., a nonprofit corporation
formed on January 16, 2001 under and by virtue of the laws of the state of
North Carolina. These Bylaws are intended to clarify operating procedures
and do not supercede the Articles of Incorporation or the Declarations of
Covenants and Restrictions for Forest Park (Book 60, Pages 590-595, Register
of Deeds, Watauga County, NC).
- Organization Name
– Forest Park Property Owners Association Inc. which will also be
referred to as the Forest Park POA or simply the POA. - Purpose
– The purposes for the POA are noted in Section III of the Articles
of Incorporation. - Membership
– Membership is defined in Article I Section 5 and Article V Section
1 of the Articles of Incorporation. - Fiscal Year
– The POA’s fiscal year will run from July 1 – June 30. - Management
of the Association
– A Board of Directors elected by the members shall manage the affairs
of the POA . Directors must be members of the POA. The number of Directors
shall always be an odd number, which shall never be less than three. No Director
shall continue after he is no longer a Member. Representative duties noted
below for the primary Board positions. Duties may be delegated to general
members where appropriate. As the officers are volunteers without compensation
and may not permanently reside within the Forest Park development, it is
up to each member to actively participate in the care and maintenance of
the development. Members do not have the authority to spend money or otherwise
the commit the POA without prior consent of the Board.
President:
- Provide leadership and direction
to the organization
- Host annual meeting
- Host board meetings as needed
- Solicit ideas from membership for
referendums (e.g., changes to covenants)
- Assist with dues enforcement
- Review financial statements provided
by Secretary/Treasurer (minimum of 2 times per year)
Vice President:
- Act as "chief operations officer"
- Coordinate ongoing road maintenance
- Coordinate ongoing landscaping maintenance
- Coordinate street light maintenance
(e.g. miscellaneous repairs, replace bulbs)
- Coordinate property liens to secure
dues from delinquent members
Secretary/Treasurer:
- Create/distribute correspondence
including meeting minutes
- Bill payment
- Collect dues and maintain bank accounts
- Produce biannual financial reporting
including expense forecasts
- Establish/maintain insurance coverage
- Maintain owner address list and
produce mailing labels as needed
- File tax records
- Board Member Elections
– Officers are typically expected to serve a one-year term coinciding
with the fiscal year. However, given the small size of the membership and
the limited number of officer volunteers, Board members may serve an indefinite
term until either they resign or until any two members (must represent two
different lots) call for an election (one to make the motion and one to second
it). In the event of a resignation, the Board must inform the membership
of the vacancy and ask for volunteers. If there is only one volunteer 30
days after the membership is notified of a vacancy, the Board has discretion
to select that volunteer without a general election. - Board Votes
– Board votes must be unanimous. In the event that a Board vote
is not unanimous, the differing points of view shall be conveyed to all lot
owners who shall be asked to vote to settle the issue. - Membership
Voting
– Voting is defined in Article V Section 2 of the Covenants. For
all votes, a quorum is considered to be a simple majority unless otherwise
directed in the Covenants or Articles of Incorporation. If a quorum is present,
voice votes may be taken for general operating decisions. A ballot is required
if a quorum is not present or if the vote is for capital assessments or covenant
changes. While each Lot may have multiple Owners (Members), votes and ballots
only require one Member representing that Lot. In the event of a dispute
between different Owners of the same Lot, those owners will be required to
resolve their dispute without involvement from the POA or its Board. - Budget
and Dues
– The Board will establish operating and capital dues for each fiscal
year. Operating dues must be approved by the membership if they increase
by 10% or more from the prior year. Aside from significant safety issues
or emergency repairs required to prevent significant property damage, the
Board is expected to manage the expenses to fit within the budget. As noted
in the Covenants (Article IV Section 4), Capital Assessments must be approved
in writing by a simple majority of the membership. - Meetings
– At least one general meeting will be held each fiscal year. - Amendments
to Bylaws
– Amendments to the Bylaws require a motion by any member with a
second by another member representing a different Lot. After the motion
is passed, the suggested change will be presented to the general membership
for a vote. In order to ease the administrative burden of amending the Bylaws,
the Board may batch member communications and delay a vote by up to 90 days
from receiving the motion and second. - Dissolution
– These Bylaws along with any future amendments remain in effect
until the Forest Park Property Owners Association Inc. is dissolved. Liabilities
and obligations of the POA shall be discharged in accordance with Section
IV of the Articles of Incorporation.