Belvedere Property Owners Association Bylaws and Covenants


BELVEDERE PROPERTY OWNERS ASSOCIATION, INC.

BY-LAWS

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, North Carolina.

Associate Members:  (1) Owners of homes, condominiums or other properties which 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 members 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 (l) 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 the 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 term (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 Pointe Villas HOA, and The Greens HOA.  These 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 duties incident to the office of Secretary.

TREASURER - shall be responsible for the following activities:
Maintaining accurate books of account for the Association 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 the membership
Acquire insurance as needed

2008 Officers President..................George Mara
Vice President.........Jeff Beaudoin 
Secretary..................Diane Hughes 
Treasurer..................Mike Hackett 
Section I Rep...........Doris Castellano 
Section II Rep..........Jean Walsh 
Past President........Bill Wilkie ARTICLE V BOARD OF DIRECTORS

The Board of Directors will continue in office until the December election meeting or until there 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 responsibl e 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

The Association shall hold general membership meetings to be called by the Board for the discussion of business matters not specifically designated as responsibilities of the Board.  There will be a minimum of one meeting each calendar quarter during the year.  The Board will designate a date during the first two weeks of December for the election of officers for the forthcoming year.  All meetings will be held at a place and time as determined by the Board. The Board will notify the membership of the Association at least fifteen (15) days prior to the meeting.  Such notice may be in the form of a written notice and/or a notice on the Association bulleting board. 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 Associations 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 officer 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 December membership meeting, the President will select a chairperson and three (3) Association members to serve as Nomination Committee.  They will contact prospective candidates to determine if each person will accept the position if elected.  A slate of qualified nominees will be presented 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


REVISIONS/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 Mar. 3, 2003
Change dates for percentage of dues

Article XIII, Standing Committees Mar. 3, 2003
Add additional standing committees

Article VIII, General Meetings Sept. 23, 2004
"Change of Quorum Percentage."

BPOA/IPR


AMENDMENT OF DECLARATION OF RESTRICTIONS
BELVEDERE PLANTATION, Sections I & II


1.   THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA.  The size of either flag shall be a size no greater than four feet by six feet, which is displayed in accordance with or in a manner consistent with the patriotic customs set forth in 4 U.S.C. paragraphs 5-10, as amended, governing the  display and use of the flag of the United States.  This shall apply to owners of property who display the flag of the United States or North Carolina on property owned exclusively by them and does not apply to common areas, easements, rights-of way, or other areas owned by others.

2.   THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS.  Even when display of a political sign is permitted the association may prohibit the display of political signs earlier than 45 days before the day of election and later than 7 days after an election and may regulate the size and number of political signs that may be placed on an owners property if the association's regulation is no more restrictive than any applicable city, town, county ordinance that regulates the size and number of political signs on owners property.  If the local government in which the property is located does not regulate the size and number of political signs on owners' property, the association shall permit at least one political sign with the maximum dimensions of 24 inches by 24 inches on an owners property.  For the purposes of this document, "political sign" means a sign that attempts to influence the outcome of an election, including supporting or opposing an issue on the election ballot.  This shall apply to owners of property who display political signs on property owned exclusively by them and does not apply to common areas, easements, rights-of-way or other areas owned by others.

3.  All lots in said subdivision shall be designated for use as or used as single-family dwelling residences with only one dwelling per lot (no apartment(s)/out building(s) with a separate kitchen).   No more than two (2) unrelated families may reside in a dwelling.  No business employing persons, other than the lot owner and no manufacturing or processing business or retail or professional activity may be conducted in any house, structure or on a lot except in activities such as construction or remodeling.  No activity may be carried on that will attract unreasonable vehicular traffic. 

4.  In Section I no residence of less than 1700 square feet, (by law lot[s] purchased prior to the recording of this document is 1500 square feet) and 1500 square feet for Sections II, III, and IV of conditioned space (i.e. heated and cooled living space) shall be constructed or located on any lot.  No less than 1200 square feet of conditioned space shall be on the first floor of a one and one-half or two story residence.  No residence shall exceed more than two stories in height.  The square feet area shall be measured by exterior masonry of foundations.

5.  No lot shall be subdivided unless such part of the subdivided lot becomes part of a whole lot and the remainder of the subdivided lot becomes a part of another whole lot.

6.  No part of any building erected on any lot shall be nearer than 35 feet to the front property line of said lot, nor nearer than 15 feet to any side street boundary line, nor nearer than 10 feet to any interior side boundary line, nor nearer than 20 feet to the rear property line.  When a corner is involved, front lot line shall be deemed to be that line which the main structure faces.  For the purposes of the restrictions in this paragraph, eaves, steps and external chimneys shall not be considered as a part of a building provided, however, this should not be considered to permit any portion of a building on a lot to encroach upon another lot.

7.  No single or double wide or modular home or manufactured home or panelized home shall be allowed; or used as a residence, on any lot.  Only stick built homes, site built residential dwellings shall be constructed on any lot.  No recreational vehicle, motor home, house trailer, mobile home, barn, tent, shack, or temporary structure of any nature shall be located on any lot or used as a residence   No residence shall be used as living quarters prior to completion of construction.  Boats and boat/utility trailers must be parked even with or behind a residence. Boats and trailers may not be parked curbside.

8.  No advertising signs or billboards shall be erected on any lot or displayed to the public on any lot except that one sign in front (and one in the back if lot borders on golf course) of not more than four square feet in area may be used to advertise the property for sale or for rent.  During construction of a new residence or remodeling of an existing residence, a sign of not more than four square feet may be installed showing the contractor's name, telephone number, address, lot number and address of location.

9.  No water well shall be drilled on any lot for potable water without the written permission of the water company serving the subdivision, which has been approved by the North Carolina Utilities Commission.  Easements for installation and maintenance of utilities and drainage facilities are reserved as shown and designated on the plat of said property.  Within said easement, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easement.  The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.

10. All restrictions herein shall run with the land and shall be binding on all parties presently owning lots, now or hereafter, in said subdivision for a period of five (5) years from the date of the recording of the Amendment Declaration of Restrictions.  They shall be automatically extended for successive five (5) year periods if there are no changes. These restrictions (protective covenants) may be amended at any time by a simple majority of votes cast, either by person or proxy by lot owners in said subdivision.

11.  Sewage Disposal shall meet the approval and comply with regulations of all local, county, state and federal appropriate governing agencies.

12.  Invalidation of any one of these restrictions by Judgment or court order shall have no affect on any of the other restrictions herein, which shall remain in full force and effect.

13. No noxious or offensive trade or activity shall be carried on or maintained on any lot or part of any lot, nor shall any use be made of any portion of said property which may be or become an annoyance, nuisance or unsafe in the neighborhood.  No skateboard ramps are allowed. No domesticated farm animals or fowls of any kind shall be raised, bred, or kept on any lots, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes.  All dogs and cats on any lots must be kept under control of the owner(s) by county law.  When said owner(s) has his dog(s) or cat(s) outside of their property they must be leashed at all times.  In Belvedere Plantation owner(s) must clean up after their pets.  All property owners shall abide by all applicable zoning or governmental regulations.

14.  Unsightly, inoperative, junk vehicles or unsightly, inoperative or uninspected or unregistered cars, trucks, tractors, boats or trailers and like eyesores, cannot be maintained on the property, either prior to or after the residence has been erected.  No lot or parcel of land shall be used for dumping or an area for abandoning, storing or dismantling and/or repairing automobiles, trucks or other vehicles.

15.  No fence shall be erected on any lot nearer the front lot lines than the minimum building setback line or front of residence, whichever is farther back.  No fence, wall or hedge higher than 6 feet shall be erected or maintained on any lot.  No chain link fences shall be allowed on any lot with the exception of allowances for a dog/cat kennel and outdoor swimming pools; however they must be located only in the rear yard.  No hurricane fence, sometimes referred to as dune or snow fences, shall be allowed any closer than 20 feet to the rear property line on any lot bordering the golf course, sound or lakes.

16.  No fence, wall hedge or shrub planting which obstructs a 100-foot sight line shall be permitted on any corner lot.  No tree or shrub shall be permitted to remain within the sight line distance unless the foliage is maintained at a sufficient height to prevent obstruction of such sight lines.

17. If parties hereto, or any of them, or their heirs and assigns, shall violate or attempt to violate any of the restrictions herein, it shall be lawful for any person or persons owning any real property in said subdivision to prosecute any proceedings at law or in equity against the person or persons, violating or attempting to violate any such restrictions, and either prevent him or them from so doing or to recover damages or other dues for such violation.

18. All houses shall be completed within one year except for natural disaster delays, which are beyond the control of the lot owner. If not, the lot may be cleared by the Association at the lot owner's expense of all vestiges of the construction start.

19. A covenants committee will be selected and maintained by the Association, acting as representatives of its members who are the resident owners and non-resident owners of the lots in Belvedere Plantation Sections I, II, III and IV.  The purpose of this committee of resident owners shall be to enforce the Amendment of Declaration of Restrictions.  This committee may also grant relief where a hardship or inequity has been imposed by these restrictions.

20.  Prior to securing proper building permits from Pender County to start construction or remodeling of a residence, a scaled drawing including the house plan, site plan and a sample of all exterior materials to be used on finished product must be submitted to the Belvedere Property Owners Association, Incorporated Covenants Committee for review and approval.  This also includes all non-residential/out buildings 

21. After completion of construction, no vehicles with a gross vehicle weight of more than 12,000 pounds shall be parked or stored on any lot.

22. As of March 1, 2006, any change of ownership of any lot or residence in Sections l, ll, lll and lV will require full annual mandatory membership in the Belvedere Property Homeowners Association.  Annual dues are to be assessed by the Belvedere Property Homeowners Association and set by the By-Laws of said Association on each lot subject to this amendment in the initial amount of $35 per year to be paid when billed by the association.  This amount is subject to change annually.  These amendments to the restrictive covenants shall run with the land and shall be binding on all future purchasers of subject lot or residence, together with their heirs, successors and assigns until such time as the restrictions are further amended by the Association.  Failure to pay these annual dues will cause the Association to place a lien on the lot owner(s).  Upon acquiring title to a lot or residence each new owner shall immediately give written notice to the Secretary of the Belvedere Property Homeowners Association stating the name(s) and address of such new owner and the lot acquired by such new owner. If the new owner(s) fail to give the Secretary such notice within thirty (30) days of acquiring title to such lot or residence, then the costs of locating each new owner and reasonable record keeping costs incurred by the Association may be assessed against said owner(s).     

23.  It shall be the responsibility of each resident owner to prevent the development of any unclean, unsightly or unkempt condition of buildings or grounds, which would tend to substantially decrease the beauty or value of the neighborhood as a whole or the specific area.  The Association reserves the right and after written warning to have a professional landscaper correct the deficiencies as defined above at the resident owner(s) expense, plus any additional expenses to the Association     

24.  No extended vehicular parking on any road, including the easement or shoulder, is permitted in Belvedere Plantation.    

25.  The Association reserves the right to collect interest fees and/or any additional expenses, including legal fees, on any violation the lot/resident owner(s) may impose on the Association.  Under the North Carolina Planned Community Act, effective January 1, 1999, the Court may award reasonable attorneys' fees to the prevailing party.

26.  Under the North Carolina Planned Community Act all common expenses shall be assessed against all lot/resident owner(s).  This may include federal, state, county and city taxes or other expenses; maintenance of common property; building(s) on common property; covenants, etc.  Interest may be charged on any past-due common expense assessment.  The association may impose reasonable charges for late payment of assessments not to exceed the greater of twenty dollars ($20.00) per month or ten percent (10%) of any assessment installed unpaid and after notice and an opportunity to be heard, suspend privileges or services provided by the association (except rights of access to lots) during any period that assessments or other amounts due and owing to the association remain unpaid for a period of 30 days or longer.  Any assessment levied against a lot remaining unpaid for a period of 30 days or longer shall constitute a lien on that lot when a claim of lien is filed of record in the office of the clerk of superior court of the Pender County in the manner provided herein.

27. The procedure for the imposition of fines or suspension of planned community privileges or services is provided for as follows: A hearing shall be held before the executive board or an adjudicatory panel appointed by the executive board to determine if any lot owner should be fined or if planned community privileges or services should be suspended pursuant to the powers granted to the by the North Carolina Planned Community Act.  Any adjudicatory panel appointed by the executive board shall be composed of members of the association who are not officers of the association or members of the executive board.  The lot owner charged shall be given notice of the charge, opportunity to be heard and to present evidence, and notice of the decision.  If it is decided that a fine should be imposed, a fine not to exceed one hundred dollars ($100.00) may be imposed for the violation and without further hearing, for each day more than five days after the decision that the violation occurs.  Such fines shall be assessments secured by liens.  If it is decided that a suspension of planned community privileges or services should be imposed, the suspension may be continued without further hearing until the violation is cured.  The lot owner may appeal the decision of an adjudicatory panel to the full executive board by delivering written notice of appeal to the executive board within 15 days after the date of decision.  The executive board may affirm, vacate, or modify the prior decision of the adjudicatory body.

28.  The association shall not levy, charge, or attempt to collect a service, collection, consulting, or administration fee from any lot owner unless the fee is expressly allowed in the declaration.

29.  A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the docketing of the claim of lien in the office of the clerk of superior court

30.  A lot owner may not be required to pay attorney's fees and court costs until the lot owner is notified in writing of the association's intent to seek payment of attorneys' fees and court costs.  The notice must be sent by first-class mail to the property address and, if different, to the mailing address for the lot owner in the association's records.  The notice shall set out the outstanding balance due as of the date of the notice and state that the lot owner has 15 days from the mailing of the notice by first-class mail to pay the outstanding balance without the attorneys' fees and court costs.  If the lot owner pays the outstanding balance within this period, then the lot owner shall have no obligation to pat attorneys' fees and court costs.  The notice shall also inform the lot owner of the opportunity to contact a representative of the association to discuss a payment schedule for the outstanding balance and shall provide the name and telephone number of the representative.

31.  The association, acting through its executive board and in the board's sole discretion, may agree to allow payment of an outstanding balance in installments.  Neither the association nor the lot owner is obligated to offer or accept any proposed installment schedule.  Reasonable administrative fees and costs for accepting and processing installments may be added to the outstanding balance and included
in an installment payment schedule.  Reasonable attorneys' fees may be added to the outstanding balance and included in an installment schedule only after the lot has been given notice as stated in #30 above. 

32.  A judgment, decree, or order in any action brought in this declaration shall include costs and reasonable attorneys' fees for the prevailing party.  If the lot owner does not contest the collection of debt and enforcement of a lien after the expiration of the 15 day period following notice as required, then reasonable attorneys' fees shall not exceed one thousand two hundred dollars ($1,200), not including costs or expenses incurred.  The collection of debt and enforcement of a lien remain uncontested as long as the lot owner does not dispute, contest, or raise any objection, defense, offset, or counterclaim as to the amount or validity of the debt and lien asserted or the association's right to collect the debt and enforce the lien.  The attorneys' fee limitation, as stated herein, shall not apply to judicial foreclosures or to other actions to recover the sums in other court actions.

33.  This declaration is in compliance with the North Carolina Planned Community Act, effective January 1, 1999 and does comply with the amendment to this act effective January 1, 2006.