BELVEDERE PROPERTY OWNERS ASSOCI

BELVEDERE PROPERTY OWNERS ASSOCIATION, INC.

 

BY-LAWS

 

(Re-typed by J. L. Owens from the text that appears on the BPOA Website

29 March 2018)

REVISED 31 May 2022

 

ARTICLE I     ORGANIZATION

 

The Belvedere Property Owners Association, Inc. Hereinafter referred to as the Association, shall be composed of two types of memberships:

 

Members: home or condominium owners residing within the legal geographical limits of Belvedere Plantation in Hampstead, N. C.

 

Associate Members: (1) Owners of homes, condominiums or other properties with are located within the geographical limits of Belvedere Plantation and not residing at Belvedere Plantation; (2) Renters residing on such properties.

 

ARTICLE II    PURPOSES

 

This association does not contemplate pecuniary gain or profit to the member thereof and no part of the Association’s net income shall inure to the personal benefit of any of its officers, committee personnel or members.  The purpose of the Association is to promote civic responsibility and awareness, foster social fellowship and take such action as members think appropriate to maintain property values and to preserve Belvedere Plantation as a desirable residential community.

 

ARTICLE III  MEMBERSHIP

 

Membership in the Association shall be open to those persons described in Article I by payment of the annual dues, which shall be made to the treasurer of the Association.  For voting purposes, each household shall be entitled to one (1) vote at a membership meeting.  A husband and wife may split their one vote.  A signed proxy vote will be accepted for members in good standing.  An Associate Member will be entitled to participate in all meetings, events and functions but will not be entitled to vote.

 

ARTICLE IV  OFFICERS AND DUTIES

 

The following officers shall constitute the Board of Directors of the Association.

 

PRESIDENT - shall preside at all the meetings of the members and of the Board; shall have general and active management of the Association; shall see that all decisions voted on by the Board and membership are carried out; shall exercise general control and direction of all the other officers of the Association in the performance of their duties; shall be an ex-officio member of all committees and shall have the powers and duties of management usually vested in the office of the president of an association.

 

EXECUTIVE VICE PRESIDENT - shall act in the place and stead of President in the event of his absence or inability to act, and shall exercise and discharge such duties as may be required by the board.  The Executive Vice President will become the President upon the expiration of the terms(s) of the incumbent President.

 

SECTIONAL VICE PRESIDENTS - will represent (1) SECTIONS I and IV, (2) SECTIONS II and III, and in addition will consist of the Presidents of The Plantation Pointe HOA, The Plantation Point Villas HOA, and The Greens HOA.  The individuals will represent their respective areas on the Board of Directors.

 

PAST PRESIDENT - shall be a non-elective office and will be held by the prior year’s President to assist the currently elected officers for the purpose of continuity of the affairs of the Association.  This is a non-voting position.

 

SECRETARY - shall keep the minutes of the general and special meetings and of the meetings of the Board of Directors; shall see that all notices are fully given in accordance with provisions under these by-laws; shall keep a list of the membership by name, address and telephone number; and in general, shall perform all the duties incident to the office of Secretary.

 

TREASURER - shall be responsible for the following activities:

Maintaining accurate books of account for the Association [sic] financial activities

Depositing Association funds in depositories approved by the Board and/or investing funds as may be directed by the Board

Filing necessary tax returns

Disbursing funds as provided in the By-Laws of the Association or as directed by the Board

Maintaining records of paid memberships

Recommending an annual operating budget to the Board

Preparing periodic statements reflecting the financial position of the Association for the Board and membership

Acquire insurance as needed.

 

2022 Officers

President                     Gary S. Barnes

Vice President             Christian Klinefelter

Secretary                     Tina Batt

Treasurers                   Bryce Acer, Terry Hamberger

Past President             Joyce Owens

 

ARTICLE V   BOARD OF DIRECTORS

 

The Board of Directors will continue in office until the April meeting or until their successors have been duly elected.  The new Board members assume their duties immediately upon their election.  They may, at any time, appoint committees on any subject essential to the business of the Association.  Committee members must be current in their dues.

 

ARTICLE VI  DUTIES OF THE BOARD OF DIRECTORS

 

The responsibilities of the Board of Directors shall be as follows:

 

Collect and dispense Association funds - limited to an expenditure of $200 without approval of the membership.  This restriction does not apply to Budget expenditures approved by the membership.

 

Appoint committees as deemed necessary.  All committees are responsible to the board.

 

Assume responsibility for calling special meetings should emergency action be necessary.

 

Prepare agenda for general and special membership meetings.

 

Make recommendations to the membership for actions necessary to carry out the purposes of the Association (See ARTICLE II)

 

ARTICLE VII DUES

 

Dues for each forthcoming year will be recommended by the Board of Directors and then voted on by the membership at the same meeting as the vote for the new officers takes place.  Dues for first-time Members are collected according to the following pro-rated schedule:

 

Application to become a new member made from:

Jan 1 through June 30 100% of the Member full year dues

July 1 through Dec. 31 50% of the Member full year dues

 

Member renewal dues are payable by January 31 of the new year.  If an Associate Member converts to become a first-time member, dues paid for any remaining full quarters will be credited toward member dues for those same quarters.

 

Any homeowner, husband or wife, age (90) or older is exempt from paying dues and will be honorary members with full voting rights.

 

ARTICLE VIII            GENERAL MEETINGS

 

Beginning in 2022, the Association shall hold two general membership meetings each calendar year.  One will be held on the first Thursday  in April in the evening.  Location to be determined each year.  The agenda for that meeting shall include: announcement of election results from ballots received by 31 March each year.  The second meeting will be held on the second Saturday of October at 10 a.m.  Location to be determined.  The agenda for that meeting shall include nominations for officers and a social event for all members.

 

The Board will notify/ remind the membership of the Association at least 15 days prior to each meeting. Such notice may be in the form of a written notice and/or a notice on the Association’s sign boards (physical or virtual).  The presence of twenty percent (20%) of the Association’s dues paid regular members shall constitute a quorum for the transaction of general Association business.  The presence of thirty percent (30%) of the Association’s dues paid regular members shall constitute a quorum for action on proposals modifying the Association’s by-laws.  Only dues paid regular members shall have the right to vote on issues at Association meetings.

 

ARTICLE IX  SPECIAL MEETINGS

 

A special meeting of the members may be called at any time by the President or by the Board or upon written request by one-third (1/3) of the dues-paying members.  Such requests shall state the purpose or purposes of the proposed meeting.  Notification of a special meeting shall be the same as that for a general meeting except for the fifteen-day requirement; this will be left to the discretion of the Board.  Business transacted at all special meetings shall be confined to the purposes stated in the notice thereof unless two-thirds (2/3) of the membership present at such meetings consent to the transaction of business not stated in the notice.

 

ARTICLE X   VACANCIES/RESIGNATIONS

 

If the office of any officer becomes vacant, the Board shall choose a successor who shall hold office for the unexpired term.  Resignations shall be made in writing and submitted to the Board.  The effective date will be upon receipt of the letter of resignation by the Board unless a specific date is requested in the letter.

 

ARTICLE XI  LIABILITIES

 

The Board of Directors shall not be liable to Association members or Belvedere property owners for errors of omission or commission in the performance of their duties as officers of the Association, except such actions as may be illegal.

 

ARTICLE XII  COMPENSATION

 

Neither the Board of Directors nor the members shall receive compensation for their services; however, the Board may order reimbursement to any officers or member for expenses incurred for or on behalf of the Association.

 

ARTICLE XIII    STANDING COMMITTEES

 

The Board of Directors, at the first meeting of the Board following their election, will appoint chairpersons of the following committees annually.  Chairpersons will select members of their committees:

 

Welcoming/Sunshine

Architectural Review and Covenants

Historian

Social

Roads

Beautification

 

ARTICLE XIV   NOMINATING COMMITTEE

Annually, prior to the October membership meeting, the President will select a chairperson and three (3) Association members to serve as Nominating Committee.  They will contact prospective candidates to determine if each person will accept the position if elected.  A slate of qualified nominees will be present to the membership at the December meeting.  Members may make additional nominations from the floor if the nominee is willing to accept the nomination.

 

ARTICLE XV   AMENDMENTS TO BY-LAWS

 

These by-laws may be amended, repealed or altered in whole or in part, provided the proposed change is submitted in writing to the Board prior to a scheduled Board meeting. Reviewed by the Board and included in a general or special meeting notification.

 

ADOPTED AS AMENDED; SEPTEMBER 23, 2004

 

ADOPTED AS AMENDED, DECEMBER 16, 2022

 

REVISION/AMENDMENTS

 

Article VII, Paragraph 1, Dues Dec. 3, 1998

“Dues for first-time..”  Was “Dues for the year...”

 

Article VII, Paragraph 4, Honorary Members Sept. 7, 2000

Add Entire Paragraph - “Any Homeowner...”          

 

Article VII, Paragraph 2, Application March 3, 2003

Change dates for percentage of dues

 

Article XIII, Standing Committees March 3, 2003

Add additional standing committees

 

Article VIII, General Meetings Sept. 23, 2004

“Change of Quorum Percentage.”

 

Article VIII, General Meetings Dec. 16, 2021

Change frequency of General Meetings

 

 

BPOA/IPR