Homeowners’ Association Procedures - hsphome.org Shores South Homeowners’ Association, Inc....

Heritage Shores South

Homeowners’ Association, Inc.

Hertford, North Carolina

Homeowners’ Association Procedures

June 2010

Revision 2.1

Prepared by:

Board of Directors,

Heritage Shores South Homeowners’ Association, Inc.

This printed version of this document may not be current. Please verify date with the Secretary,


This page intentionally left blank.

Title: Heritage Shores South Homeowners’ Association, Inc. Procedures

Number: N/A

Issued: June 2010

Recertified:

Supersedes: Revision 2.0

Contact: Secretary


Approved: Board of Directors


Notice: This printed version of this document may not be current. Please verify date with the

Secretary, Heritage Shores South Homeowners’ Association, Inc.

REVISION HISTORY

CONTROLLED COPIES ISSUED BY: Heritage Shores South Homeowners’ Association,

Inc.

Revision

Revision Description

Approval

Date

Affected

Pages

1.0 Original Issue All 1.1 Add Voting by Mail November 10, 2002 6, 7, and App B

1.2 Add and clarify construction

methods

September 20, 2004 Section 7.7.1

and add new

Section 7.7.2

1.3 Change assessment process September 18, 2005 New Section

7.5, changes to

Section 7.7

1.3 Clarify initiating audits September 18, 2005 7.10

1.3 Remove redundant letters App A

2.0 Throughout, corrections to

spelling and Association

nomenclature

June 2007 Whole

document

2.0 Add “manmade” to the

structure definition

June 2007 Section 1.4

2.0 Add definition of “member in

good standing”


2.0 Edit Annual Meeting location June 2007 Section 7.2

requirement

2.0 Clarify declaration of

candidacy

June 2007 Section 7.2.1

2.0 Introduce detailing Annual

Meeting voting processes


2.0 Clarify verbiage June 2007 Section 7.2.5

2.0 Clarify verbiage June 2007 Section 7.3.1

2.0 Clarify verbiage June 2007 Section 7.4

2.0 Delete introductory

paragraphs i


2.0 Require USPS notice of

assessments


2.0 Introduce detailing

assessment payment

responsibility


2.0 Introduce detailing

assessment payment split

payment option


2.0 Rewrite on payment

delinquency


2.0 Clarify wording in

architectural oversight


2.0 Add construction culvert

treatment


2.0 Add amplifying paragraph to

construction methods


2.0 Rewrite to assign all Frontage

and Common Area mainten-

ance to the Association


2.0 Modify to require audits upon

change of treasurer and as

ordered


2.0 Modify to include reference to

the Association website.


2.1 Grammatical corrections June 2010 Throughout

2.1 Added definition of

outbuilding


2.1 Add Board approval June 2010 Section 4

2.1

2.1

Add Proxy via email

Add to gathering ballots

June 2010

June 2010

Section 7.2

Section 7.2.4 k

2.1 Add to counter criteria June 2010 Section 7.2.4 l

2.1 Clarify handling annual

meeting minutes


2.1 Add Member to mail-in

voting

June 2010 Section 7.3.1 j

2.1

2.1

Deleted split payment

Introduce new Section

clarifying buildings and

June 2010

June 2010

Section 7.6.4

Section 7.7.3

structures not the dwelling

2.1 Delivery of CPA compilation June 2010 Section 7.9

2.1 Add Association email and

internet information

June 2010 Section 11

2.1 Added Attendance or Proxy

Form

June 2010 Appendix C


Table of Contents

1 INTRODUCTION .................................................................................................................................... 1

1.1 POLICY ................................................................................................................................................ 1

1.2 DESCRIPTION ....................................................................................................................................... 1

1.3 APPLICABILITY .................................................................................................................................... 1

1.4 DEFINITIONS ........................................................................................................................................ 1

2 RESOURCES ........................................................................................................................................... 2

2.1 RESPONSIBILITIES ................................................................................................................................ 2

3 CONSTRAINTS ....................................................................................................................................... 2

4 INITIATION CRITERIA........................................................................................................................ 2

5 INPUTS ..................................................................................................................................................... 2

6 RESULTS .................................................................................................................................................. 3

7 PROCEDURE........................................................................................................................................... 3

7.1 BOARD MEETING SCHEDULES .............................................................................................................. 3

7.2 ANNUAL MEETING – QUORUM REQUIRED VIA ATTENDANCE OR PROXY ................................................ 3

7.2.1 Candidates for Board Member and Officer .................................................................................. 3

7.2.2 Voting at the Annual Meeting ....................................................................................................... 4

7.2.3 Board Member Elections ............................................................................................................. 4

7.2.4 Voting Process for Written Ballots ................................................................................................ 4

7.2.5 Board Meetings at the Annual Meeting ........................................................................................ 6

7.3 VOTING TO CHANGE ASSOCIATION BYLAWS, DECLARATIONS, AND COVENANTS ................................... 6

7.3.1 Voting by Mail (United States Postal Service) .............................................................................. 6

7.4 BUDGET SCHEDULES ............................................................................................................................ 8

7.5 FINANCIAL AUTHORIZATIONS ............................................................................................................... 8

7.6 ASSESSMENTS ...................................................................................................................................... 8

7.6.1 Assessment Letters and Notifications ........................................................................................... 8

7.6.2 Assessment Timetable and Actions ............................................................................................... 8

7.6.3 Responsibility for Payment of Assessments .................................................................................. 9

7.6.4 Receipt For Payment ................................................................................................................... 9

7.6.5 Payment Delinquency .................................................................................................................. 9

7.7 BUILDING PLANS AND ARCHITECTURAL OVERSIGHT........................................................................... 10

7.7.1 Before Building.......................................................................................................................... 10

7.7.2 Construction Methods ................................................................................................................. 11

7.7.3 Buildings and Structures ............................................................................................................ 12

7.7.4 As-Built Plans ............................................................................................................................ 12

7.8 MAINTENANCE OF LOT FRONTAGE AND COMMON AREAS .................................................................. 12

7.9 CPA REVIEW AND TAX PREPARATION ................................................................................................. 13

8 VERIFICATION/APPROVAL .............................................................................................................. 13

9 RECORDS .............................................................................................................................................. 13

10 MEASUREMENTS AND SURVEYS .................................................................................................. 14

11 NEWSLETTER AND WEBSITE......................................................................................................... 14

12 COMPLETION CRITERIA ............................................................................................................... 14

13 REFERENCES ..................................................................................................................................... 15


APPENDIX A — SAMPLE ASSESSMENT LETTERS ......................................................................... 16

APPENDIX B — ASSOCIATION DOCUMENTS CHANGE BALLOT (SAMPLE) ........................... 17

APPENDIX C – ATTENDANCE OR PROXY FORM ………………………………………………….. 18


1 INTRODUCTION

The Heritage Shores South Homeowners’ Association, Inc. Procedures (herein the

Procedures) are intended to preserve and improve the property value(s) and quality of life

in Heritage Shores South, and to meet the obligations of Heritage Shores South

Homeowners’ Association, Inc. Bylaws and Declaration of Covenants, Conditions and

Restrictions (herein Covenants). This document describes the information and

methodology used by The Heritage Shores South Homeowners’ Association, Inc. (herein

HSSHOA) Board of Directors (herein the Board) to meet those intentions.

1.1 Policy

It is the policy of the Board that the Procedures, as outlined below, be employed uniformly.

1.2 Description

These Procedures provide for a predictable and timely determination of action(s) and

responsibilities for the Board and for Heritage Shores South Homeowners’ Assoc. Inc.

members.

1.3 Applicability

These Procedures apply to the membership and operation of Heritage Shores South

Homeowners’ Association, Inc.

1.4 Definitions

Structure: Any construction, or any production or piece of work artificially built up or

composed of parts joined together in some definite manner. That which is built or

constructed; an edifice or building of any kind. A “structure” is almost, literally, anything

manmade that is placed on land including a pier, an antenna, any kind of outbuilding, and,

of course, a residence.

Temporary: That which is to last for a limited time only, as distinguished from that

which is perpetual, or indefinite, in its duration. Opposite of permanent. A structure is

“temporary” when it is put on the land with the intention that it be there for only a certain

amount of time, such as something that is put up while some kind of permanent structure is

being built or moved on the land.

Member in good standing: A member is in good standing if his/her account with

Heritage Shores South Homeowners’ Assoc. Inc. is current, no Heritage Shores South

Homeowners’ Assoc. Inc. liens are in effect on the member’s lot(s), and the member and

his/her lot are in conformance with current Heritage Shores South Homeowners’ Assoc.

Inc. requirements.

Outbuilding: A structure with a roof and walls (as a stable, workshop or garage)

constructed for permanent use, which is accessory to a main dwelling. Excluded are

structures such as gazebos, greenhouses, and open shelters.


2 RESOURCES

2.1 Responsibilities

The Heritage Shores South Homeowners’ Association, Inc. Board and individual members

have responsibilities described by these Procedures.

3 CONSTRAINTS

The constraints and guidelines to actions taken by the Board and members of the Heritage

Shores South Homeowners’ Association, Inc. and of the Procedures include:

Federal, State, and Local laws, statutes, and regulations

The US Federal Government, the State of North Carolina, and Heritage Shores Plantation South documentation recorded with Perquimans County

The tax-exempt establishment of Heritage Shores South Homeowners’ Association, Inc.

Heritage Shores South Homeowners’ Association, Inc. Bylaws and Declarations and Covenants

4 INITIATION CRITERIA

The policies, procedures, processes, and practices described in this document are initiated

and in force upon approval by the Board. Presence in this document will necessarily occur

at some time after approval by the Board; consequently, presence in this document is not a

criterion for the Board undertaking enforcement actions relating to Board-approved

decisions.

5 INPUTS

The inputs to the Heritage Shores South Homeowners’ Association, Inc. Procedures

include:

Association Bylaws and Covenants

Perquimans County Records

Federal, State, and local regulatory and statutory information

Information from Carolina Coast and Lakes, Inc.

Member information

Determinations and decisions properly established in Board meetings, and Association annual meetings

6 RESULTS

The results derived from following the Heritage Shores South Homeowners’ Association,

Inc. Procedures include:


Property values maintained or improved with respect to comparable properties, both

improved and unimproved.

Improvements and structures that conform to the requirements of the Association Bylaws and Declarations and Covenants.

Reasonably safe, inviting, and usable public areas within the community.

An Association Board that is responsive to the needs of the community.

Value to members for modest Association fees.

7 PROCEDURES

The following sections describe the procedures and processes adopted by the Board:

7.1 Board Meeting Schedules

The Board normally will meet four times per year. There will normally be a January board

meeting to establish the new fiscal year budget, followed by board meetings at the Annual

Association meeting in March, a meeting in June and one in September. These meeting

dates are approximate and may be changed at the discretion of the Board.

7.2 Annual Meeting – Quorum Required Via Attendance or Proxy

The Bylaws require the annual meeting to be held in Perquimans County. The Annual

Meeting has been assigned a fixed date, i.e., the first Saturday in March of each year. If

this date cannot be met because of conditions beyond the control of the Board, the Board

will hold the Annual Meeting on the earliest Saturday that is not conflicted following the

first Saturday in March. Notice of the Annual Meeting will be provided as indicated in the

Bylaws.

A quorum of at least 50% of the lot owners held in good standing with the association must

be represented at the meeting either through attendance or proxy representation. A sample

Attendance or Proxy Form is included as Appendix C. The proxy form may be returned to

the Secretary by mail, fax, or email. In order to return via email, the lot owner must have

his/her email address recorded with the Secretary.

7.2.1 Candidates for Board Member and Officer

Members are encouraged to participate in the management of Heritage Shores South

Homeowners’ Assoc. Inc. (These positions are strictly on a volunteer, non-paid basis.)

A member in good standing who wishes to run for a position on the Board, or who wishes to volunteer his/her services as an officer, may identify himself/herself to

the Board, and provide the Board with a brief written description of his/her skills

and desires. This information will be provided to members when they register at

the door of the Annual Meeting.


At the Annual Meeting while registering at the door, members may identify

themselves as candidates for membership on the Board, or for becoming an officer

of the Board.

Members may be nominated from the floor at the Annual Meeting for candidacy for the Board, or as an officer of the Board.

7.2.2 Voting at the Annual Meeting

Members in good standing can cast the votes for their lot (two per lot). Voting may be

done by written ballot. Blank ballots will be issued two per lot before each written vote.

Written voting is done by secret ballot. Votes may be taken by non-written means if the

importance of the issue and consequence of the outcome permit.

7.2.3 Board Member Elections

The Board of Directors consists of five members. Board members are elected to two-year

terms. Two Board members are elected on even-numbered years. The remaining three

Board members are elected on odd-numbered years. This sequence provides a degree of

continuity from one Board to the next.

At the Annual Meeting, the election of Board members will be preceded by an invitation

for nomination of candidates for Board membership from the floor.

After nominations are complete, each candidate for the Board will be introduced and will

be invited to speak briefly to the members present.

Following the last candidate speaker, members in good standing will be invited to

complete their ballots and those proxy ballots they may hold (refer to the “Voting Process”

below.) Only candidates with existing nominations will be eligible (no write-ins). Ballots

will then be collected and counted.

7.2.4 Voting Process for Written Ballots

The Heritage Shores South Homeowners’ Assoc. Inc. voting process at attended meetings

uses a written ballot. The bottom portion has several numbered blank lines for recording

member choices for candidates and issues, as appropriate. The ballot has a detachable top

portion printed with a lot number. If the member wishes to vote anonymously, the lot

number portion can be removed and discarded by tearing at the perforation.

The voting and ballot counting process is as follows:

a. The meeting chair will explain this process to members attending the Annual

Meeting.


b. At registration, each member will have been given the ballots for his/her lot(s) and

for those lots for which they have been assigned proxies.

c. The meeting chair will ask the Secretary to confirm that a quorum is present in

person and/or by proxy.

d. If the voting includes electing individuals, those individuals who have earlier

declared candidacy will have been identified in an Association newsletter.

e. If the voting includes electing individuals, the meeting chair will provide a list of

all declared candidates, and invite any additional nominations from the floor.

f. The meeting chair will identify by name the total number of candidates. Each in

turn will be invited to make a brief summary of his/her candidacy.

g. If there are no issues to be voted, and the number of candidates equals the number

of openings to be filled, the meeting chair may entertain a motion to elect those

candidates by acclamation.

h. If not elected by acclamation, the meeting chair will ask if all members are in

possession of their lot’s ballots, and those ballots for proxies the members might

hold.

i. The meeting chair will provide the members with a list of choices that are keyed to

the candidate-lines and issue-lines on the ballots.

j. The meeting chair will then ask that members complete their ballots.

k. The meeting chair will ask that all completed ballots be placed in a covered

receptacle located at the head table or brought by a volunteer member.

l. The meeting chair will ask for two volunteer ballot-counters from members that are

present and in good standing, are not Board members, are not running for office,

and are not related to anyone running for office.

m. The volunteers will count ballots two separate times under the oversight of at least

one Board Member not running for office. If the counts are not the same, they must

be reconciled.

n. The meeting chair will announce the results of the balloting. The results will be

published to the membership via the minutes and Association newsletter.

o. The ballots and tally-sheets will be placed in an envelope and stored with the

Association records by the Association Secretary.


7.2.5 Board Meetings at the Annual Meeting

Immediately before the Annual Meeting, the outgoing Board will hold a brief meeting to

confirm preparations for the Annual Meeting, to confirm the Annual Meeting Agenda, and

to establish a hand-over status for the incoming Board.

Immediately following the Annual Meeting and the election of the new members to the

incoming Board, a second Board meeting will be convened by the chair of the outgoing

Board. The purpose of this meeting is to permit the incoming Board to determine its roles,

elect its officers, understand open issues and actions for which the incoming Board will

become responsible, and to receive the Association’s official records from the outgoing

Board.

The outgoing Secretary will record and prepare any minutes of both Board meetings, and

prepare those of the Annual meeting. The outgoing Board is responsible for approval and

distribution of these minutes.

7.3 Voting to Change Association Bylaws, Declarations, and Covenants

The Association employs a voting by mail methodology for use when amending Bylaws

and other Association-defining documents. This method was developed in order to

overcome the difficulty in gaining the seventy five percent (75%) or greater participation

by members in good standing required to change Association-defining documents. A

sample ballot, including instructions, is included as Appendix B.

7.3.1 Voting by Mail (United States Postal Service)

The process for voting by mail is as follows:

a. Ballots are provided two per lot.

b. Ballots are sent to members in good standing at their Association address of record.

c. For each element listed on the ballot, one box (and only one) must be initialed.

d. Members must not alter the wording on the ballot. If a ballot is returned with the

wording changed, that decision-voting-element will be voided. Other, unaltered

elements will not be voided on that ballot.

e. Each change is found in its own, delineated section of the ballot page(s); the section

has three boxes identified as “In Favor” “Against” “I Abstain.”

f. Members vote their decisions by initialing one of the three boxes for each

delineated section, i.e., each proposed change. More than one box initialed for any

one change will void the member’s vote for that change (only) on that ballot.


g. Members will sign their full name and lot number at the bottom of the ballot, and

mail their completed ballot to the Association:

Attention Ballots


PO Box 292

Hertford, NC 27944

h. To be counted, ballots must be returned by a specified date, generally 45 days from

the date of issue.

i. Ballots will be gathered, unopened, by the Association President until that date has

been reached.

j. No fewer than two Board members or officers and one Association member that is

in good standing will be present when the ballot letters are opened and counted.

k. The number of ballots received will be counted to determine if a quorum exists,

i.e., at least seventy-five percent (75%) of the lot owners have responded. If

seventy-five percent (75%) is not met, the ballots will be placed in an envelope and

stored with the Association records, and the proposals declared, “not approved”.

l. The seventy-five percent (75%) quorum having been met, properly entered initials

from the decision elements on each ballot will be tallied toward a total count for

each choice.

m. Each decision that has received at least (75%) of the lot owners’ votes cast “In

Favor” will be declared “passed” and the Board will act to implement that decision,

and to notify government and specified others of the change as appropriate. The

ballots will be placed in an envelope, and stored with the association records.

n. The results will be published to the membership via e-mail, if available, USPS if

not.

7.4 Budget Schedules

The Heritage Shores South Homeowners’ Assoc. Inc. budget year, the fiscal year, and the

calendar year are the same. The January Board meeting will establish the draft budget for

that year. This timing considers the previous year’s actual expenditures, and the

preparations for the annual meeting. The draft budget will be presented to the membership

for amendment and approval at the March Annual Meeting.

7.5 Financial Authorizations

Disbursements from Heritage Shores South Homeowners’ Assoc. Inc. accounts are subject

to two-signature endorsement. The two signatures required are those of the Association


President, and the Association Treasurer. All expenses paid by the Association must be

accompanied by corresponding invoices and receipts. If expenses are incurred or

anticipated beyond those provided by the budget, the President or Treasurer may ask for a

determination of acceptability from the Board.

The Association does not maintain a petty cash facility or instrument.

7.6 Assessments

7.6.1 Assessment Letters and Notifications

Notices of assessments will be mailed by USPS to the address-of-record of member/lot

owners. Additionally, letters of assessments will be e-mailed to all members who have

provided an e-mail address to the Board.

Examples of assessment correspondence and notice are included as an Appendix.

7.6.2 Assessment Timetable and Actions

The following is the established timetable for issuing the annual and special assessment

notifications, and any subsequent collection needs:

Annual assessment notices will be issued as of the date of the Heritage Shores South

Homeowners’ Assoc. Inc. annual meeting (initial notice).

Special assessment notices will be issued on dates as determined by the Board (initial notice).

Payment is due within 30 days of initial notice.

A delinquent notice will be issued if payment is not received within 30 days of the initial notice.

A lien will be established against the subject lot if payment is not received within 60

days of initial notice.

Payment should be sent to: Heritage Shores South Homeowners’ Assoc. Inc.

PO Box 292

Hertford, NC 27944

7.6.3 Responsibility for Payment of Assessments

The Heritage Shores South Homeowners’ Association, Inc. Board of Directors determines

and bills assessments by lot number. In the event a lien or other like action becomes

necessary, the lot will be the subject of the lien.

The owner of record in the Association files is provided assessment information at the last

address recorded in the Association files for that owner of record. Note that per ¶ 2.3. of

the Bylaws: “…It shall be the duty of each lot owner to register his name, the number of

his lot and his mailing address with the Secretary of the Association.” If an assessment,

late payment penalty(s), or other encumbrance has accrued to the lot, the current owner


will be held accountable. As an example, if an encumbered lot in Heritage Shores

Plantation South is sold, encumbrances payable to and other normal maintenance at the

time of sale will convey to the new owner. (The actions in preparation for a properly

administered real estate closing will include title search and should include contact with

The Heritage Shores South Homeowners’ Association, Inc. and the Perquimans County

records office to identify any encumbrances established by the Heritage Shores South

Homeowners’ Assoc. Inc.)

7.6.4 Receipt For Payment

The member’s cancelled check is considered a receipt for payment. If a member wishes a

separate receipt, the member can so indicate when payment is remitted.

7.6.5 Payment Delinquency

Late payment interest penalties will be calculated as of 30 days from the date of initial

notice (the late payment date). Interest is calculated at the rate of 2% per month on the

unpaid balance calculated from the late payment date and accumulates until the unpaid

balance, including interest and all collection costs, is paid. Payments against an unpaid

balance will be applied against that balance at the time of receipt.

If payment is not received within 60 days of the initial notice, the Board will undertake

establishing a lien against the lot. This action is consistent with The Heritage Shores South

Homeowners’ Association, Inc., Declaration Of Covenants, Conditions and Restrictions,

¶10. The costs to the Association for actions taken to receive payment will accrue to the

account of the member.

If a member has chosen Annual Assessment Split Payment Option Two (Error! Reference

source not found. above) and fails to make the initial payment within thirty days of the

initial notice, the entire annual assessment immediately becomes due. Late payment

interest penalties will be calculated on the entire annual assessment as of 30 days from the

date of initial notice (the late payment date).

If an owner makes the first payment on time, but defaults on the second payment, then

interest and penalty fees on the second payment will be calculated from 30 days after the

invoice due date for the first payment. If any portion of the assessment continues in

arrears, a lien will be established as described above.

7.7 Building Plans and Architectural Oversight

Heritage Shores South Homeowners’ Association, Inc. is required to support the strictures

of the Association Bylaws and Covenants. These specify that single-family residential

dwellings conform to size minimums, that structures are located in accordance with

setbacks and easements, and that the first lot improvement or structure is the single-family

residential dwelling.


Heritage Shores South Homeowners’ Association, Inc. does not have an architectural

review board and does not provide written guidelines beyond those found in the Bylaws

and Covenants.

7.7.1 Before Building

At least 30 days before breaking ground or beginning construction on any and all

structures, and before improving a lot in Heritage Shores South, members are required to

provide the Board, via any Board Member or officer, credible documentation describing

the improvement. The documentation must clearly show:

a) The nature of the structure or improvement,

b) Its position on the lot,

c) The lot setbacks and easements recorded with Perquimans County and if

applicable, CAMA, for the lot,

d) The method of construction,

e) In the case of the principal dwelling, that the enclosed living space is at least 1,600

square feet, not including cellars, decks, enclosed porches, and garages.

The Board will inform the member that the documentation describes acceptable

improvement(s) or why the documentation describes unacceptable improvement(s). An

oral response will be provided to the member within 10 days of submission, with a written

response following by letter. A Board Member cannot individually approve his/her own lot

improvements.

Heritage Shores South Homeowners’ Assoc. Inc. requires that during construction the

driveway/culvert and any other access to the property is maintained with a layer of #57

gravel sufficient in depth and area to prevent dirt and other material being tracked by

vehicles and equipment from the site onto Association pavement.

7.7.2 Construction Methods

Section 19 of the Declaration specifies, “No mobile homes, trailers or manufactured homes

(whether single or double wide) may be installed on or maintained on the property.”

This Section 19 of the Declaration will be administered as follows for residences and other

structures built as subassemblies on a factory floor and subsequently delivered to and/or

assembled on the permanent foundation and home site (versus stick-built at the final site

and on the permanent foundation):

Such structures are subject to review by the Board for acceptability prior to assembly on the site. The details of such structures must be provided when the lot

owner seeks approval for the site layout and heated area as provided in the

Association Procedures.


When finally placed on the dwelling site, such subassemblies must be placed

directly upon a permanent concrete or masonry foundation, or in the case of other-

than-ground floors, upon a conforming subassembly. If the design or reality of any

subassembly requires a metal foundation to be involved in the final structure, the

structure is not approved for placement in Heritage Shores South.

Such structures must meet all Federal, State, and Local building codes applicable to stick-built structures.

Such structures must meet all requirements found in the Heritage Shores Plantation South Declaration of Covenants, Conditions And Restrictions.

Construction methods continue to change, and the nomenclature associated with

construction methods and results also continues to change. Recognizing this and other

realities, Heritage Shores South Homeowners’ Assoc. Inc., retains the sole discretion,

authority, and responsibility for accepting or rejecting construction methods employed in

the construction or installation of structures in Heritage Shores Plantation South.

7.7.3 Buildings and Structures

The Heritage Shores South Declaration of Covenants. Conditions and Restrictions provides

for outbuildings. Notwithstanding the following determination, members are cautioned

that approval by the Board is required prior to constructing improvements to lots.

At the 2010 annual meeting, the Heritage Shores South Homeowners’ Assoc. Inc.

determined the following to be applicable to outbuildings:

1. Dwellings, structures and buildings – Buildings are characterized by having a roof

and walls that are impervious to the effects of weather. Referring to Heritage

Shores South Homeowners’ Assoc, Inc. Declarations, Conditions and Restrictions

¶ 21, the “…single family residential dwelling…” establishes the “…construction

style and material…” to which outbuildings must conform. Gazebos, pergolas, and

greenhouses are not buildings; the referenced construction style and material

previously referenced do not apply to these structures.

2. Materials used for constructing outbuildings – Members who utilize materials that

are identical to, or have the same appearance (e.g., color, texture, etc.) as those in

the residential dwelling, and have the same or greater durability as those utilized in

the residential dwelling will be deemed in compliance with Heritage Shores South

Homeowners’ Assoc, Inc. Declarations, Conditions and Restrictions ¶ 21. “…shall

be of the same … material as the dwelling.”


7.4 As-Built Plans

After a structure has been completed on a lot in Heritage Shores South members are

required to provide the board within 30 days of issuance of a Certificate of Occupancy,

credible documentation that accurately shows the structure as it has been built, its position

on the lot, and the lot setbacks and easements recorded with Perquimans County for the lot

with the completed structure. In the case of the single family residential dwelling, the

enclosed living space must be documented as it has been built to be at least 1,600 square

feet, not including cellars, decks, enclosed porches, and garages.

7.5 Maintenance of Lot Frontage and Common Areas

The Heritage Shores South Homeowners’ Assoc. Inc. has determined that it will include

the mowing of all lots’ frontage ditches, shoulders, nominal setbacks, and other normal

maintenance associated with frontage ditches and shoulders. Note that if and when

NCDOT assumes maintenance of the roads, lot frontage may continue to require some

owner-initiated or Association-provided maintenance.

Heritage Shores South Homeowners’ Assoc. Inc. maintains the Association common area

that leads to the docks and is located at the south end of Kennedy Court. Maintenance of

this area currently consists of picking up of litter; mowing is included in the Association

ditches and shoulders contract. The Association maintains the kayak/canoe access

platform extending from the common area. The Boataminium Association is responsible

for maintaining the dock and slips.

The Board will review and update the lot frontage and common area maintenance cycle as

determined during its January Board meeting, and in consideration of advice from

members.

7.6 CPA Review and Tax Preparation

The Board has established an annual independent compilation of the Heritage Shores

South Homeowners’ Assoc. Inc. financial records. A CPA performs this compilation. The

same CPA prepares the annual tax returns for Heritage Shores South Homeowners’ Assoc.

Inc. Both the compilation and the tax preparations are planned to be complete before the

annual meeting. In practice, this has not proven possible. The financial records from the

previous year are provided to the CPA following the January Board meeting. The result of

the compilation is provided to the Board around June, and is made available to all

members upon request.

When a new Treasurer assumes responsibility, the Board may retain the CPA to perform a

formal audit of the Association financial records and financial condition. That an audit is

very expensive should be considered. The Board may also choose to have additional

audits or compilations done as circumstances dictate.


8 VERIFICATION/APPROVAL

The Heritage Shores South Homeowners’ Association, Inc. Board is the verification and

approval authority for these Procedures.

These Procedures will be reviewed at least once annually to assure they remain applicable

and reflect the needs of the community and members. The Board also will review and

update these Procedures as needed.

9 RECORDS

Records of the Heritage Shores South Homeowners’ Assoc., Inc. and the actions of the

Board are gathered and kept as needed by statute and regulation, and as needed for

continuous operation of the Association. The Board Secretary maintains all records,

agreements, correspondence, minutes, agendas, publications, and other documentation

relating to Heritage Shores South Homeowners’ Association, Inc., except that Association

financial records are maintained and kept by the Board Treasurer.

10 MEASUREMENTS AND SURVEYS

The Board may seek, from time to time, to measure activity in and relating to the

Association. The Board may also issue surveys or questionnaires to members seeking

opinions, intentions, desires, or other information thought by the Board to be helpful in

administering the Association.

11 NEWSLETTER AND WEBSITE

From time-to-time the Board will issue newsletters as a means of publishing information

about the Heritage Shores Plantation South community and actions by the Board, and to

publish information thought by the Board to be helpful to members. If members wish to

provide information to be included in the newsletter, they are encouraged to provide that

material to any member of the Board. The material provided will become part of the

Heritage Shores South Homeowners’ Association, Inc. official record.


Heritage Shores South Homeowners’ Association has joined with Heritage Shores North

Homeowners’ Association to provide Association-related information on a joint website.

The URL is:

www.hsphome.org

Members are encouraged to visit this site on a regular basis. Information includes

newsletters, documentation, local activities, shopping and dining spots, local development,

and other Association-relevant material.

Heritage Shores South Homeowners’ Association also has provided an email address for

members’ use. Email sent to this address will be delivered to the Association President and

Secretary.

[email protected]

12 COMPLETION CRITERIA

These Procedures in their then-current form will be operational until Heritage Shores

South Homeowners’ Association, Inc. ceases to exist. At that time all assets and records of

the Association will be processed and retained or disposed as required by statute, law, and

regulation, and by the Association Bylaws and Covenants.

13 REFERENCES

Articles of Incorporation of Heritage Shores South Homeowners’ Association, Inc.

Heritage Shores South Homeowners’ Association, Inc. Bylaws

Heritage Shores Plantation Section 2 Declaration of Covenants, Conditions and Restrictions

http://www.hsphome.org/

mailto:[email protected]


APPENDIX A — Sample Assessment Letters

1. Initial (first) notice (Current letter held by Secretary)

2. Second notice (Current letter held by Secretary)


APPENDIX B — Association Documents Change Ballot (Sample)

Dear Member,

In accordance with the voting process used for amending Bylaws and other Association-defining documents,

the reverse side of this page is the mail-in version of the Association ballot. For this vote to be validated, not

fewer than (75%) of the lot owners’ votes must be received, and be in favor of an amendment. There are two

of these ballots provided per lot. Each must be completed to be counted for your lot. There are (__)

decisions to be made on this ballot.

Several pages containing detailed descriptions of the recommended changes have been sent in the same

envelope as this ballot. Please refer to these pages to completely understand the recommendations. If you

have questions, please contact any member of the Board (___).

Thank you for your support, and for your timely attention to this ballot.

These are your voting instructions:

1. These ballot pages have been sent to members in good standing at their Association address of

record.

2. Please initial one box for each of the five decisions, completing for each ballot page provided.

3. Members must not change the wording on the ballot. If a ballot is returned with the wording

changed, the decision affected will be voided for that change only on that ballot.

4. Each change is found in its own, delineated section of the ballot page(s); the section has three boxes

identified as “In Favor” “Against” “I Abstain.”

5. Members vote their decision by initialing one of the three boxes for each delineated section, i.e.,

each recommended change. More than one box initialed for any one change will void the Member’s

vote for that change only on that ballot.

6. Ballots are provided two per lot.

7. Member’s will sign their full name and lot number at the bottom of the ballot, and mail their

completed ballot to the Association PO Box in Hertford, addressed to:

Attention Ballots

PO Box 292

Hertford, NC 27944

8. To be counted, ballots must be returned within 45 days, i.e., by September 19, 2002.

9. Ballots will be gathered, unopened, by the Association President until September 20, 2002.

10. No fewer than two Board members or officers will be present when the ballot letters are opened.

11. The number of ballots received will be counted to determine if at least seventy-five percent (75%) of

the lot owners have responded. If seventy-five percent (75%) is not met, the ballots will be placed

in an envelope and stored with the Association records.

12. The seventy-five percent (75%) having been met, initials from the decision boxes on each ballot will

be tallied toward a total count for each decision.

13. The results will be published to the membership via e-mail, if available, USPS if not.

14. The ballots will be placed in an envelope, and stored with the Association records.

15. Each decision that has received at least (75%) of the lot owners’ votes cast “In Favor” will be

declared “passed” and the Board will act to implement that decision, including informing

government and specified others of the change.


1. Recommended change #1

Please initial the appropriate box below.

Summary of Recommended Change #1

In Favor

__________

Initials

Against

__________

Initials

I Abstain

__________

Initials

2. Recommended change #2


Summary of Recommended Change #2

In Favor

__________

Initials

Against

__________

Initials

I Abstain

__________

Initials

3. Etc.…


Summary…Etc.

In Favor

__________

Initials

Against

__________

Initials

I Abstain

__________

Initials

Member Signature (full name) __________________________________ Lot # ______


APPENDIX C - Attendance or Proxy Form

The Bylaws of our Association require that Heritage Shores South hold an annual meeting of property

owners to conduct business and to vote for members of the Board of Directors. Conducting an annual

meeting requires a quorum of one half (50%) of the voting lot owners represented in person or by proxy.

This means 31 lots must have votes represented at the meeting by the lot owners or their proxy for

elections to take place. Exception: Lot owners not in good standing cannot vote. This would reduce the

quorum based on the number not in good standing.

Please fill out the applicable sections of this form, (remember, 2 votes per lot) and return to the Heritage

Shores Homeowners Association at either of the following addresses:

By USPS mail:

Heritage Shores South Homeowners Association, Inc.

PO Box 292

Hertford, NC 27944

By email: [email protected]

Will Attend in Person

I(we) (Please print full names)_____________________________________________________________

___________________________________________________________________________________,

the recorded owner(s) of lot(s) ____________, will be attending the Heritage Shores South Homeowners

Association, Inc. Annual Meeting scheduled for ____________________________.

OR

Proxy

I(we) (Please print full names) (a) ____________________________________________________

(b) ________________________________________________________

the recorded owner(s) of lot(s) ____________, hereby name as my(our) proxy(proxies) for and on my(our)

behalf to attend all meetings of the Heritage Shores South Homeowners Association and to act on and vote

with respect to my(our) voting membership rights and as I(we) might prefer. This proxy may be revoked in

writing by me(us) at any time; but, if not revoked, per Bylaws Article III paragraph 3.7 it shall continue in

full force for 11 months from the signed date below.

(please print below the proxy names and lot numbers)

Proxy Name:(a) _____________________________________________________________ Lot # ______

Proxy Name:(b) _____________________________________________________________ Lot # ______

who is(are) member(s) in good standing of Heritage Shores South Homeowners Association, Inc. or who

is(are) security holders in the lot(s).

Owner’s Signature* (a) ____________________________________________ Date __________

(b) ____________________________________________ Date __________

*Typing your name and returning this form via your email address on record will document your signature(s).

mailto:[email protected]

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