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PLANNING SCHOOLS ENVIRONMENT EROSION
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Cardinal Drive
North Sandpiper Lane
Mockingbird Lane
Grosbeak Drive
East Grosbeak Drive
Goldfinch Drive
Meadowlark Lane
Woodcock Avenue
South Woodcock Avenue
East Sandpiper Lane
Wren Way
Hummingbird Drive
Spring Warbler Way
Nightingale Lane
West Jay
East Jay
Raven Way
Oriole
Swift
West Finch
East Finch
Section 3. “Owner” shall mean and refer to the record
owner, whether one or more persons or entities, of the fee simple title to any
Lot which is a part of the Properties, but excluding those having such interest
merely as a security for the performance of an obligation.
Section 4. “Maintenance Association Documents” means
documents approved by the County Commission.
Section 5. “Common Properties” shall mean and refer to
those areas of land shown on any recorded subdivision plat as streets and roads
and such other property as may be acquired by the Maintenance Association
intended to be devoted to the common use and enjoyment of the Owners.
ARTICLE III Membership
Section 1. Each Owner of property shall be a member of
the Maintenance Association. The
foregoing is not intended to include persons or entities that hold an interest
merely as security for the performance of an obligation.
Section 2. The rights of membership are subject to the
payment of annual and special assessments levied by the Maintenance
Association, the obligation of which assessment is imposed against each owner
of the property against which assessments are made. Each property owner shall have one vote shared equally by those
persons owning a fee simple interest in that property.
ARTICLE IV Meetings of
Members
Section 1. Annual Meetings. Annual meetings of owners shall be held
on the third Thursday in September. The
place and time shall be determined by the Board of Directors. At such meeting, the Directors shall be
elected by ballot of the owners, in accordance with the provisions of Article
VI of the Bylaws. The owners may
transact other business at such meetings as may properly come before them.
Section 2. Special Meetings. Special meetings of the members may be
called at any time by the president or by a majority of the Board of Directors,
or upon the written request of the Maintenance Association members who are
entitled to vote one-fourth (1/4) of
all the votes.
Section 3. Notice of Meetings. Written notice of each meeting of the
members shall be given by, or at the direction of, the secretary or person
authorized to call the meeting, by mail or personally, at least 7 days before
such meeting to each member entitled to vote thereat. Such notice shall specify the place, day and hour of the meeting,
and, in the case of a special meeting, the purpose of the meeting.
ARTICLE V Board of
Directors: Selection: Term of Office
Section 1. Number The affairs of this Maintenance Association shall be managed
by a Board of Directors of five (5) directors.
Section 2. Term of Office. The term of office of one Director shall
expire one year after being elected; the term of office of two Directors shall
expire two years after being elected; the term of office of two Directors shall
expire three years after being elected.
At each annual election held after such classification and election, two
Directors shall be chosen for a full three-year term to succeed those whose
terms expire.
Section 3. Removal. Any director may be removed from the Board, with or without
cause, by a majority vote of the members of the Maintenance Association. In the event of death, resignation or
removal of a director, his successor shall be selected by the remaining members
of the Board and shall serve for the unexpired term of his predecessor. If a Director is absent without excuse from
three consecutive meetings, the position may be declared vacant and a majority
of remaining Directors, though less than a quorum, shall choose a successor or
successors, who shall hold office for the unexpired term in respect to which
such vacancy occurred.
Section 4. Compensation. No director shall receive compensation
for any service he may render to the Maintenance Association, nor shall he/she
benefit directly or indirectly.
However, any director may be reimbursed for his actual expenses incurred
in the performance of his duties.
Section 5. Action Taken Without a Meeting. The directors shall have the right to take
any action in the absence of a meeting which they could take at a meeting by
obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken
at a meeting of the directors.
ARTICLE VI Nomination
and Election of Directors
Section 1. Nomination. Nomination for election to the Board of
Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual
meeting. The Nominating Committee shall
consist of a Chairman, who shall be a member of the Board of Directors, and two
or more members of the Maintenance Association. The Nominating Committee shall be appointed by the Board of
Directors three months prior to each annual meeting of the members, to serve
until the close of such annual meeting.
The Nominating Committee shall make as many nominations for election to
the Board of Directors as it shall in its discretion determine, but not less
than the number of vacancies that are to be filled. Such nominations may be made from among resident Maintenance
Association members only.
Section 2. Election. Election to the Board of Directors shall
be by a written ballot. At such
election the members may cast, in respect to each vacancy, as many votes as
they are entitled to exercise under the provisions of these Bylaws. The persons receiving the largest number of
votes shall be elected.
ARTICLE VII Meetings
of Directors
Section 1. Regular Meetings. Regular meetings of the Board of
Directors shall be held quarterly or more frequently if a majority of the Board
determines more frequent meetings are needed; such meetings shall be without
notice and shall be at such place and hour as may be fixed from time to time by
resolution of the Board. The first
meeting of the new Board each year shall be scheduled during the first four
weeks following the Annual Meeting.
Section 2. Special Meetings. Special meetings of the Board of
directors shall be held when called by the president of the Maintenance
Association, or by any two directors, after not less than three (3) days notice
to each director.
Section 3. Quorum. A majority of the number of directors shall constitute a
quorum for the transaction of business.
Every act or decision done or made by a majority of the directors
present at the duly held meeting at which a quorum is present shall be regarded
as the act of the Board.
ARTICLE VIII Powers and
Duties of the Board of Directors
Section 1. Powers The Board of Directors shall have power to:
(a) adopt and
publish rules and regulations governing the use of the Common Area, if any, and
facilities, and the personal conduct of the members and their guests thereon, a
copy of which is attached to these by-laws, and to establish penalties for the
infraction thereof;
(b) suspend
the voting rights and right to use of the recreational facilities, if any, of a
member during any period in which such member shall be in default in the
payment of any assessment levied by the Maintenance Association. Such rights may also be suspended after
notice and hearing, for a period not to exceed 60 days for infraction of
published rules and regulations;
(c) exercise
for the Maintenance Association all powers, duties and authority vested in or
delegated to this Association and not reserved to the membership by other
provisions of these by-laws or the Articles of Incorporation;
(d) employ a
manager, an independent contractor, or such other employees as they deem
necessary, and to prescribe their duties;
(e) to do any and
all other acts not prohibited by law which are in the best interests of the
Maintenance Association and its membership and which promote the general health
and welfare of the community.
Section 2. Duties It shall be the duty of the Board of Directors to:
(a) cause to
be kept a complete record of all its acts and corporation affairs and to
present a statement thereof to the members at the annual meeting of the
members, or at any special meeting when such statement is requested;
(b) supervise
all officers, agents and employees of this Association, and to see that their
duties are properly performed;
(c) procure
and maintain adequate liability insurance on the Board and hazard insurance on
property owned by the Maintenance Association as it may deem appropriate;
(d) cause all
officers or employees having fiscal responsibilities to be bonded, as it may
deem appropriate;
(e) cause the
Common Area, if any to be maintained.
ARTICLE IX Officers
and Their Duties
Section 1. Designation of Officers. The officers of this Maintenance
Association shall be a president and vice president, secretary, and treasurer,
who shall at all times be members of the Board of Directors and such other
officers as the Board may from time to time by resolution create.
Section 2. Election
of Officers. The election of
officers shall take place at the first meeting of the Board of Directors
following each annual meeting of the members.
The officers shall be chosen by a majority vote of the Directors.
Section 3. Term. The officers of this Maintenance Association shall be elected
annually by the Board and each shall hold office for one (1) year unless he
shall sooner resign, or shall be removed, or otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such other officers as the affairs of the
Maintenance Association may require, each of whom shall hold office for such
period, have such authority, and perform such duties as the Board may, form
time to time, determine.
Section 5. Resignation
and Removal. Upon the affirmative
vote of a majority of the Directors, any officer may be removed from office
with or without cause by the Board. Any
officer may resign at any time giving written notice to the Board, the
president or the secretary. Such
resignation shall take effect on the date of receipt of such notice or at any
later time specified therein, and unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it
effective. A director’s successor may
be elected at any regular meeting of the Board of Directors, or at any special
meeting of the Board of Directors called for that purpose.
Section 6. Vacancies. A vacancy in any office may be filled by
appointment by the Board. The officer
appointed to such vacancy shall serve for the remainder of the term of the
officer he replaces.
Section 7. Duties. The duties of the officers are as following:
President
The President shall preside at all
meetings of the Board of Directors; shall see that orders and resolutions of
the Board are carried out; shall sign all leases, mortgages, deeds and other
written instruments and shall co-sign all checks and promissory notes. In addition, the President, together with
the Treasurer, shall sign all checks that do not exceed the amount of
$200.00. Checks or single expenditures
in excess of $200.00 shall require Board approval.
Vice-President
The Vice-President shall take the
place of the President and perform his/her duties whenever the president is
absent or unable to act. If neither the
president nor the vice president is able to act, the Board of Directors shall
appoint some other Director to act in the place of the president, on an interim
basis. The vice-president shall also
perform such other duties as may be imposed upon him by the Board of Directors
or by the president.
Secretary
The Secretary shall record the
votes and keep the minutes of all meetings and proceedings of the Board and of
the members; keep the corporate seal of
the Maintenance Association and affix it on all papers requiring said
seal; serve notice of meetings of the
Board and of the members; keep
appropriate current records showing the members of the Maintenance Association
together with their addresses, and shall perform such other duties as required
by the Board.
Treasurer
The Treasurer shall receive and
deposit in appropriate bank accounts all monies of the Maintenance Association
and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes
of the Association; shall keep proper
books of account and cause a compilation of the Maintenance Association’s books
at the completion of each fiscal year;
shall take proper vouchers for all proper disbursements, and shall
render to the President and Directors, at the regular meetings of the Board, or
whenever they require it, an account of all his transactions as treasurer and
of the financial condition of the Maintenance Association.
ARTICLE X Committees
The Maintenance Association shall
appoint a Nominating Committee, as provided in these By-laws, and in addition,
the Board of Directors shall appoint other committees as deemed appropriate in
carrying out its purpose.
ARTICLE XI Books and
Records
Section 31-1-143 of the West
Virginia Code for non-profit corporations reads as follows:
Each
corporation shall keep correct and complete books and records
of
account and shall keep minutes of the proceedings of its members,
board
of directors and committees having any of the authority of the
board
of directors; and shall keep at its
principal office in this state
a
record of the names and addresses of its members entitled to vote.
All
books and records of a corporation may be inspected by any member,
or
his agent or attorney, for any proper purpose at any reasonable time.
ARTICLE XII Fee
Structure
(a) The fee
shall be $100.00 per lot per year which fee shall be payable annually by July 1
by those persons who are the record owners on July 1 of that year;
(b) A
maintenance association which furnishes essential services, including, but not
limited to, construction and maintenance of shared streets, drainage
facilities, sidewalks, water and sewer systems, signs and other improvements
necessary for the health, safety and welfare of the general public, may have
authority to impose reasonable fees and charges on persons owning lots abutting
the frontage of both sides of roads listed in the maintenance association
document.
(c) Any new
fee or fee increase assessed under this section shall not be collectable unless
notice of the proposed fee or increase is sent by certified mail to each person
owning property listed in the maintenance association document. If thirty percent of the members, by signed
petition, protest the assessment to the association within fifteen days of the
mailing, the fee shall not become effective until it is ratified by sixty
percent of the members.
(d) All fees
assessed under this section are declared to be debts owing to the maintenance
association for which the debtor shall be personally liable. The maintenance association, or an
individual designated to act for it, may enforce this liability by appropriate
civil action in a court of competent jurisdiction. After being reduced to judgment and filed with the clerk of the
county commission, such liability shall be a lien on property owned by the
maintenance association member and
designated in the maintenance association document.
(e) Any fee
not paid within 30 days after the above due date shall be delinquent and the
delinquent member shall be liable for all fees, reasonable attorney fees
incurred by the association in collecting such fees as well as court costs
incurred.
(f)
ARTICLE XIII Enforcement
Any new fee or fee increase assessed
shall not be collectable unless notice of the proposed fee or increase is sent
by certified mail to each person owning property listed in the maintenance
association document. If thirty percent
of the members, by signed petition, protest the assessment to the association
within fifteen days of the mailing, the fee shall not become effective until it
is ratified by sixty percent of the members.
ARTICLE XIV Amendments
Section 1. These By-laws
may be amended, at a regular or special meeting of the members, by a vote of a
majority of the members present in person.
Section 2. In the case
of any conflict between the Articles of Incorporation and these By-laws, the
Articles shall control.
ARTICLE XV Miscellaneous
The fiscal
year of the Maintenance Association shall be July 1 to June 30.
IN WITNESS
WHEREOF, we, being all the Directors of the Maintenance Association, have
hereunto set our hands this the 17th day of April, 1995.
John P. Lantzy ___________________________________
Bruce E.
Terris, Sr. ___________________________________
Ashton
Stewart ________________________________
MECHLENBURG MAINTENANCE ASSOCIATION, INC.
ORGANIZATIONAL MEETING
The Organizational Meeting of
Mechlenburg Maintenance Association, Inc. was held at the Galilean Baptst
Church in Mechlenburg Heights on June 14, 1995 at 8:00 p.m.
The following incorporators were
present: John P. Lantzy, Bruce E.
Terris, Sr., and Ashton Stewart. Upon motion
unanimously carried, Bruce E. Terris, Sr. was elected Chairman, and John P.
Lantzy was Secretary of the meeting.
The Chairman announced that all
were present in person.
The Chairman reported that the
Certificate of Incorporation of the Corporation was filed in the Office of the
Secretary of the State of West Virginia on April 26, 1995.
The Secretary presented a proposed
form of By-laws for regulation and management of the affairs of the
corporation. These By-laws were the
same By-laws previously submitted to the County Commissioners as part of the
process of establishing the Association.
The By-laws were unanimously adopted.
Motions were then declared by the
Chairman to be in order for the nomination of the Directors of the
Corporation. It was reported by the
nominating committee that the following person were nominated:
Three Year Term:
Bruce Terris, Sr.
Scott Cogan
John Burdette
Two Year Term:
Keegan Barr
Pete Kelley
Rudy Fergison
Ruth Brown
One Year Term:
John Lantzy
Mary Hoover
Dwight Eichorn
Ed Williams
Walter McCarthy
It was noted that the ballot had
been mailed to all maintenance association members on June 6, 1995. Additional nominations may also be made from
the floor of the initial meeting of the members.
There being no other business to
be transacted, the meeting was, upon motion duly made, seconded and carried,
adjourned.
______________________________________
John
P. Lantzy
Secretary
of the Meeting
MECHLENBURG MAINTENANCE ASSOCIATION, INC.
INITIAL MEETING OF OWNERS
The initial meeting of the members
of Mechlenburg Maintenance Association, Inc. was held at the Galilean Baptist
Church in Mechlenburg Heights on June 14, 1995 at 8:20 p.m.
Bruce Terris, Sr. was chosen as
temporary Chairman and John P. Lantzy was chosen temporary Secretary of the
meeting. The Secretary announced that
certified letters had been sent to all members on June 6, 1995.
The Chairman outlined the purpose
of the meeting and the agenda of this special meeting was distributed to the
members.
A motion was made by Huie Grove
and seconded by Mike Ashley that the election of the Board of Directors be
postponed to give the members more time determine who the nominated individuals
were and suggest other individuals that can be nominated. Discussion ensued. Motion was eventually withdrawn for consideration.
Phillip D. Simpson then
distributed a proposal that the Mechlenburg Maintenance Association, Inc. sell
the community park and that the assessment be $25.00 per lot. It was noted by the Chairman that the
Mechlenburg Maintenance Association, Inc. did not have any rights to the park
and so could not sell it. Mr. Simpson
then made the Motion that the assessment be $25.00 per lot. The motion was seconded by Norma Hill. After some discussion it was noted that the
By-laws state that a new fee assessment must be sent by certified mail to each
member. Since this was not done, no
action can be taken on the motion presented.
A motion was made by Mike Ashley
and seconded by Huie Grove to reduce the current fee structure from $100.00 per
lot to $100.00 per improved lot and $25.00 per unimproved lot. Motion passed.
A motion was made by Kathy Burner
and seconded by Lewis Carroll to waive the election of the new Board of
Directors at the annual meeting in September, 1995 and extend the initial year
of the initial Board approximately three months. Motion passed. Mike
Ashley requested that there be a count of votes on the motion. The count was taken with 28 members having
34 votes voting in favor of the motion.
5 member having 5 votes voted against the motion.
A motion was made by Pete Kelly
and seconded by Dorothy Alegrezza to increase the number of Board of Directors
from 5 to 9 members. An amendment was
made to the motion that the allocation of the terms would be as follows: The highest 2 vote recipients in the 3 year
and 2 year categories would be elected along with the highest vote recipient in
the 1 year category. The remaining
nominees would fill in the three categories with the next highest person
getting a three year term, the next highest getting the two year term and the
next two highest getting the one year terms.
Motion made by John Doyle and seconded by Dorothy Alegrezza. Concern was made that someone putting their
name in for nomination for a one year term could end up with a three year
term. This concern could be handled by
the resignation of the Board member with the appointment of a new Board member
as outlined in the By-laws. Motion
passed.
The Chairman stated that the next
business to come before the meeting was the election of the Board of
Directors. The following were nominated
by the Nominating Committee:
Three Year:
Bruce Terris, Sr.
Scott Cogan
John Burdette
Two Year:
Keegan Barr
Pete Kelley
Rudy Fergison
Ruth Brown
One Year:
John Lantzy
Mary Hoover
Dwight Eichorn
Ed Williams
Walter McCarthy
The following were nominated
through ballots submitted from members:
Dick Clark
Mary Washington
Larry Boomer
Mechlenburg Maintenance Association,
Inc. Minutes - Continued
The following were nominated from
the floor:
Mike Ashley
Gayle Ladd
Lewis Carroll
There being no other nomination,
motion made by Phillip Simpson and seconded by Dorothy Alegrezza that the
nominations be closed. Motion passed.
The written ballots were collected
with control that no more than one ballot were received per lot. Two teams were selected to count the ballots
consisting of:
John Doyle and Dorothy Alegrezza
Larry Thompson and Richard
Rhodabeck
The ballot counting was overseen
by the Secretary.
The Board of Directors were
elected as follows:
Three Year:
Bruce Terris, Sr.
John Burdette
Scott Cogan
Two Year:
Pete Kelley
Ruth Brown
John Lantzy
One Year:
Ed Williams
Rudy Fergison
Mary Hoover
____________________________________
John
Lantzy
Secretary
of the meeting
REGULATION - MECHLENBURG
MAINTENANCE ASSOCIATION, INC.
OVERGROWTH
PURPOSE - The Association must keep the roads clear
for the various vehicles that enter the development. In so doing, the access to and safety of the roads will be
maintained.
REGULATION - A property owner who owns property that
fronts on any road in the development is required to keep the right–of-way
clear of overgrowth which either obstructs and view or obstructs the passage of
vehicles in the development.
Any overgrowth which encroaches
onto the roads’ right-of-way and/or which growth does not give a 15 foot
clearance over the road, will be considered in violation of the overgrowth
provision.
REMEDIES - Once the
Board determines that a property owner is in violation, it will send a letter
to the owner advising the owner of the violation in as full a description as
necessary to identify the place and type of violation and request that corrective
action be taken within 20 days. An
extension of time may be requested to correct the violation.
PENALTIES - If the violation is not corrected within the
prescribed time, the Board may proceed to correct the violation. Any fees incurred will be assessed against
the property owner. If the affected
property owner does not pay the costs to correct the violation, a suit against
the owner will be brought demanding payment of costs, reasonable attorney fees,
court costs, interest and any other costs which may be incurred.
October 23, 1996
REGULATION - MECHLENBURG
MAINTENANCE ASSOCIATION, INC.
BLOCKAGE OF ROADWAY
PURPOSE - The Association must keep the roads clear
for various vehicles that enter the development. In so doing, the access to the safety of the roads will be
maintained.
REGULATION - Parking on or other blockage of the
Association’s right-of-way will not be permitted in the development.
REMEDIES - Any
resident or homeowner which is affected by the blockage of an Association
right-of-way must contact a Board member.
The Board member will assess the situation and if necessary call Brown’s
Tire Towing and Auto Care Center, Inc. for removal of the vehicle. If Brown’s is unavailable then another
towing service will be contacted.
PENALTIES - The cost associated with the towing, any
storage fees and any other charges will be paid by the owner of the vehicle.
December 4, 1996