Index:

  • Declaration of Westwood Cohousing Community Planned Unit Development
  • Bylaws of Westwood Cohousing Homeowners Association, Inc. ("Association")
  • Rules and Regulations
  • Articles of Incorporation
  • NC Planned Communities Act
  • Board Election Procedure
  • Voting Procedure
  • Agreements concerning children
  • Common House Use Guidelines
  • Westwood Pet Policy
  • Common House Guest Room Policy
  • Parking Lot Policy

    Articles of Incorporation
    of Westwood Cohousing Homeowners Association

    [0-0431183 Filed 10:05 AM, Effective Jul 01, 1997, Elaine F. Marshall, Secretary of State, North Carolina]

    The undersigned Incorporator hereby forms a nonprofit corporation pursuant to N.C.G.S. Chapter 55A, and to that end hereby sets forth:

  • The name of the Corporation is Westwood CoHousing Homeowners Association, Inc.
  • The purposes for which the Corporation is organized are:
    (a) to provide for the management, maintenance and administration of the planned unit development known as Westwood CoHousing Community Planned Unit Development, and the ownership of its common elements, all as more particularly described in the Declaration ("Declaration") thereof. The Declaration is recorded in the Office of the Register of Deeds of Buncombe County, North Carolina.
    (b) to carry on any lawful activities calculated directly or indirectly to promote the interests of the Corporation, or to enhance the value of its properties under such powers and rights which are now or which may hereafter be conferred upon corporations organized under the laws of the State of North Carolina applicable thereto.
  • The address of the initial registered office of the Corporation is 29½ Westgate Road, Asheville, Buncombe County, North Carolina, 28806, and the name of the initial registered agent at such address is Gregory T. Holden. The mailing address of the registered office is P.O. Box 16116, Asheville, North Carolina, 28816.
  • The address of the principal office of the Corporation is 29½ Westgate Road, Asheville, Buncombe County, North Carolina, 28806, and the mailing address is P.O. Box 16116, Asheville, Buncombe County, North Carolina, 28816.
  • The name of the Incorporator is Gregory T. Holden, and the address of the Incorporator is P.O. Box 16116, Asheville, North Carolina, 28816.
  • The Corporation shall have members.
  • No member, director, officer, or any other private individual shall receive at any time any of the net earnings or pecuniary profit from the operations of the Corporation. No loans shall be made by the Corporation to its directors or officers. No director, officer or any other private individual (except in their role as members, if applicable, as described below) shall be entitled to share in the distribution of any of the corporate assets upon the dissolution of the Corporation, provided that this shall not prevent the reimbursement of expenses incurred by such persons for and on behalf of the Corporation and the payment of reasonable compensation for services rendered to or for the Corporation as shall be approved by the Board of Directors. All members, directors and officers of the Corporation shall be deemed to have expressly consented and agreed that upon dissolution or winding up of the affairs of the Corporation (whether voluntary or involuntary, or whether due to damage, destruction, condemnation or other event), after compliance with all applicable laws, the assets of the Corporation then remaining in the hands of the Board of Directors shall be transferred, conveyed, delivered and paid over to its members as of the date of such dissolution or winding up. The percentage of such assets to be distributed to each member shall be the same as that member's percentage of ownership in the Condominium as described in the Declaration and Bylaws.
  • To the fullest extent permitted by applicable law, no director of the Corporation shall have any personal liability arising out of any action whether by or in the right of the Corporation or otherwise for monetary damages for breach of any duty as a director. This Article shall not impair any right to indemnity from the Corporation that any director may now or hereafter have. Any repeal or modification of this Article shall be prospective only and shall not adversely affect any limitation hereunder of the personal liability of a director with respect to acts or omissions occurring prior to such repeal or modification.

    IN TESTIMONY WHEREOF, the Incorporator has executed these Articles of Incorporation, this the 4th day of June, 1997.

    Gregory T. Holden, Incorporator.


    NC Planned Communities Act

    http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_47f.html

    http://www.ncga.state.nc.us/EnactedLegislation/SessionLaws/PDF/2013-2014/SL2013-34.pdf

    Some notes about the changes: http://www.wardandsmith.com/articles/nc-general-assembly-amends-planned-community-act-and-condominium-act#.U52m6V7RPbw


    Agreements concerning children

    Approved by WCHA 7/14/02
    General:
  • Visiting children are guests at Westwood and must connect with a member who will accept responsibility and be available if needed. If there is no one willing or able to accept this responsibility, the child should go home.
  • Unknown visiting children (such as a grandchild who has not been here before) under eight years of age who wish to explore may be asked to wear a name tag with the name and location of a responsible adult.
  • If a problem arises, the concerned adult may 1) speak with the child directly and/or 2) go to the responsible parent/adult for help. If a problem is unresolved, the concerned adult, with child and/or parent may meet with a member of the Children’s Issues team or Reconciliation team.
  • Adults are asked to speak kindly to all children and maintain a protective spirit.

    Common house:

  • Children under eight years of age are not permitted in the common house (except for the romp room) without an accompanying adult for safety reasons. Children under the age of eight may be in the romp room unsupervised with their parents’ permission as long as there is a responsible adult on the main level and as long as they are not disturbing a meeting or activity in the common house. Children between the ages of eight and 16 should not be either upstairs or downstairs without a supervising adult unless the parent has communicated in writing with the Association accepting responsibility. When there are no longer dangerous materials on the lower level, this requirement will be suspended, but will remain in effect for the upper level because of the guest rooms and copy machine.
  • Dishes, ingredients and utensils from the kitchen and dining room are for use in food preparation and cleanup only. Use requires adult supervision and permission. Getting a glass of water is okay; please return the used cup to the pass-through.
  • During common meals children are asked to not run in the dining room or play the piano while people are still at the tables.

    Romp room:

  • Food and drink will be allowed in one designated place only with adult supervision. No food in the loft. Any food particles must be cleaned up and thrown away in the kitchen, otherwise the ants will come and carry it off.
  • When you’re done with the tumbling mat, flip up one section so that people can walk through the room with shoes on.
  • Parents are ultimately responsible for any mess left in the playroom. They may work with their child and other children to clean up the mess.

    Outdoor play equipment:

  • One child on the slide platform at a time. No pushing while on the platform. If someone wants to come down the slide, don’t try to walk up it.
  • Keep the sand in the sandbox.

    WCHA meetings:

  • Children are welcome in the meeting as long as they are listening or doing a quiet activity that does not distract participants of the meeting; otherwise, they may play in the romp room.


    Common House Use Guidelines

    Approved by WCHA 6/20/01
    We strongly endorse the principle that the Common House main area is “an extension of our living room.” This means that we expect to clean up after our guests and to replace any dishes, etc., broken during our guests’ stay, that there will be mutual consideration of the comfort of our guests and community members, that guests will be informed of parking restrictions and limitations before their arrival and that the number of guests invited will be appropriate to the available space.

    1. Members may have groups in the main floor of the Common House provided there is not a conflict with community meals or previously scheduled community functions. Community functions take precedence over other events, including community meal preparations. The host must check with the cook team if he/she is planning an event the day before a community meal.
    2. Members are responsible for their groups and for clean-up after an event.
    3. Use of the kitchen will include all facilities. The dishwasher may be used if there are five or more guests using tableware, cookware, etc. The dishwasher will only be run by a Westwood member experienced in its use. After an event, the host will clean the areas used, using a check off list. The host will check off each task and sign and date the list, leaving it on the clipboard.
    4. A member must be present at all times when their invited groups are using the common house.
    5. Sponsoring members have the option of limiting events to those who have been invited with the understanding that members can pass through for mail, laundry, bathroom, etc.
    6. Events should be posted on the calendar and in the common house reservations binder in advance and if no conflict with a community event exists, the requested common house area may be used. If a community event needs to be scheduled after an outside event has been scheduled, those involved in this schedule conflict will meet to accommodate both needs.
    7. Members who sign up to sponsor an event are responsible for keeping guest parking in the visitor spaces only, with overflow parking off-site. Parking suggestions are below.
    8. Use of the common house for outside groups (sponsored by a Westwood member) should be between the hours of 9 a.m. and 10 p.m. If events need to run later, this should be negotiated with nearby south side neighbors and guest room occupants.
    9. There will be a $2-$6 charge if utilities are used in the kitchen (dishwasher, oven). This money is to be paid to the comptroller.

    Parking for visitors:
    If the Westwood visitor parking is full, please park:
    1. On the Westwood side of Vermont Court, outside our fence up to, but not including, space in front of the Bell South cabinet.
    2. Around the bend, along fence, on Davenport Place.
    3. In front of the first three houses on Davenport Place, not blocking driveways and paths to houses.
    Do not park:
    a. In front of the fourth house (10 Davenport Place).
    b. On space in front of Bell South equipment.


    Westwood Pet Policy

    Adopted by WCHA October 13, 2002
    Dogs
  • Must be on leash or under firm voice control when on Common Elements.
  • Should not be left to bark outside.
  • Must get all necessary shots and be spayed or neutered.
  • Dog wastes must be picked up and bagged immediately.

    Cats

  • Must get all necessary shots and be spayed or neutered, unless they are housecats.
  • Cat litter must be at least double-bagged before disposal in garbage.

    See City ordinances for overall policies.


    Common House Guest Room Policy

    Approved by WCHA Nov. 18, 2001, amended June 1, 2003
    1. Both rooms are equally available.
    2. Rooms may be reserved for up to one week at a time, on a first-come, first served basis. Host may re-reserve for an additional week by posting a request in the book (and on the white board). If there are no other guests, their guest may stay another week.
    3. Maximum stay is two weeks unless very special circumstances arise (Common House team to be consulted).
    4. Guest may use kitchen lightly. Eg: use refrigerator, microwave, counters and stovetop for heating liquids. Host family will supply plates, utensils and cookware and see that kitchen is kept clean.
    5. Guest room use guidelines and host responsibilities are otherwise unchanged and remain posted upstairs. These responsibilities include cleaning the room and bathroom once the guest has left and taking responsibility for replacing broken or missing items.

    Who may stay: Family members, friends and “affinity” group members such as Friendship Force and Servas, are welcome with these exceptions: Guestrooms will remain available for family and friends only during certain holiday seasons, including the weeks before and after Christmas, the week of Thanksgiving and Labor Day weekend. If there are questions concerning the appropriateness of a guest or visitor’s use of the Common House, please direct them to a Common House Team member. The Team will review the situation and make a decision on behalf of the community.


    Parking Lot Policy

    Approved by WCHA April 13, 2008 and amended September 13, 2009
    Fully utilizing our parking lot is consistent with our Core Values Statement by limiting unnecessary construction, storm water runoff, and expense. Previous parking lot guidelines are superseded. The assignment of parking spaces and the utilization of the entire parking lot area will be in accordance with the following parking lot policy.

      1. Assignment of specific spaces and other parking lot administrative and enforcement issues will be by the Parking Team. Decisions of the Parking Team can be appealed to the Board.
      2. A total of fifty spaces are available for parking in our parking lot.
      3. Unit G25 is considered a separate unit for parking space assignments.
      4. Units with boarders or housemates shall follow the same guidelines as other units.
      5. Residents shall ask their visitors to comply with the provisions of this Parking Policy.
      6. Parking spaces are designated as a "front" space – directly accessible from the center aisle, or a "back" space – accessible through a front space.
      7. Five spaces are reserved or unassigned: three for visitors, one for loading/short-term parking, and one for handicapped, loading, short-term parking, or visitors as determined by the Parking Team based on current needs.
      8. Residents whose vehicle(s) are consistently absent all day from the parking lot may apply to the Parking Team to have their reserved space(s) designated as an additional visitor space(s) with the understanding they are authorized to park in a visitor space.
      9. Residents shall leave the visitor spaces for visitors, unless their assigned space is occupied by an unauthorized vehicle. See guideline No. 8 for exceptions.
      10. Visitor spaces are for the use of guests of up to two weeks. An assigned parking space shall be requested for longer term guests.
      11. Single vehicle units will be assigned one front space.
      12. Single vehicle units requesting a second space (in accordance with our Declaration) will be assigned one front space and one back space.
      13. Units with a carport will be assigned their carport space and, if they have two vehicles, an additional front space if sufficient front spaces are available. If there are not, see guideline Nos. 16 and 17.
      14. Units with two vehicles and no carport will be assigned at least one front space, and a second front space if sufficient front spaces are available. If there are not, see guideline Nos. 16 and 17.
      15. Residents, whether from the same unit or different units, are encouraged to volunteer to share a pair of front and back spaces.
      16. If requests for front spaces exceed the front spaces available, a need for additional volunteers will be announced.
      17. If there are insufficient volunteers, the honor of sharing the required number of pairs of front and back spaces will be rotated at random amongst all the units having two or more vehicles for four months periods. Each assignment of a double spot will be made by the Parking Team through the following procedure:
      a. One household will be chosen from all households with 2 or more vehicles that have not yet shared a double space. This selection will be by random drawing in a meeting of the Parking Team. The Team shall give 5 days notice to WCHA members of such a meeting.
      b. The Parking Team will keep track of which households have volunteered to share double spots, and which households have shared spots via the lottery. For each 4 month period of volunteering, the volunteer household will be exempt from a cycle of the lottery (which is defined as the period of time it takes for all eligible households to occupy a shared spot for a 4 month period).
      18. Three (or more) vehicles in a unit will only be accommodated if space is available. Otherwise, off-site storage is required.
      19. Walking distance to a unit will be a consideration in the assignment of parking spaces.
      20. Vehicles shall be parked entirely within the length and width of one parking space, and shall not impede maneuverability within the parking lot. Exceptions to this exceeding 24-hours in duration require prior approval of the Parking Team.
      21. The parking lot shall only be used to store wheeled-vehicles in the designated parking spaces and no other items, except WCHA, Inc.-owned carts, without the prior written consent of the Parking Team. Carport usage is also regulated by the carport leases.
      22. Vehicles shall be maintained and operated in a manner not to damage the parking lot or pollute the cistern water.
      23. All residents and their visitors shall be alert for possible pedestrian traffic while driving, and comply with posted speed and parking restrictions. Refer to other Westwood policies regarding the presence of children in the parking lot.
      24. Residents and their visitors shall not block the fire lane leading to the north side.
      25. Washing the exterior of vehicles is not allowed on the property.

    The following items reflect the desires of the community and, even though they are outside the scope of our Declaration and are not legally binding, it is hoped that Westwood residents will abide by them.

      a. Westwood residents acknowledge that our community exists, in no small part, due to the positive attitude of the surrounding neighbors during the project's zoning approval process. In an effort to honor that support, we are committed to minimizing any inconvenience our community brings to the neighborhood. Westwood residents therefore agree to park in the Westwood parking lot whenever it is possible and avoid parking on Westgate Road, Vermont Court west of Westgate Road, and Davenport Place.


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