Index:

Declaration of Westwood Cohousing Community Planned Unit Development
Bylaws of Westwood Cohousing Homeowners Association, Inc. ("Association")
Pathway for Enforcement and Broken Agreements
Rules and Regulations
Articles of Incorporation
Board Election Procedure
Community Service Policy
Agreements concerning children
Common House Use Guidelines
Westwood Pet Policy
Common House Guest Room Policy
Parking Lot Policy

Westwood's Declaration, Bylaws and Rules and Regulations

Westwood Cohousing Homeowners' Association
Asheville, North Carolina

Declaration of Westwood Cohousing Community Planned Unit Development

This Declaration of Covenants, Conditions and Restrictions, made and entered into this 21st day of April, 1996, by Westwood CoHousing Development Company, L.L.C., a North Carolina Limited Liability Company having its principal office and place of business in Buncombe County, North Carolina, hereinafter called “Developer”, on behalf of itself, its grantees, successors and assigns; and by Elana Kohnle, hereinafter called “Kohnle”, who joins herein for the purpose of subjecting hereto the portion of the Property (as defined below) owned by her.

WITNESSETH:
Whereas, Developer and Kohnle collectively own certain real property described on Exhibit A, attached hereto (the “Property”), upon which certain improvements are intended to be made as hereinafter set forth: and

Whereas, Developer intends to subdivide and develop the Property (which includes that presently owned by Kohnle) as the Westwood CoHousing Community Planned Unit Development (the “Development”) into certain common area and twenty-four separate parcels (“Parcel” or “Parcels”), as shown on that plat recorded in Buncombe County Plat Book 67 at page 119 (“Plat”), with Developer intending to cause to be located on each Parcel a single family house, which house may share a common wall with an adjoining house, plus other improvements (collectively “House” or “Houses”); and

Whereas, the Development is intended to be a “community” in the best sense of the word and is intended to be open to and inclusive of people of different ages, races, occupations, income levels, family composition, physical abilities, sexual orientation and religious beliefs; and

Whereas, the Development will be operated and managed by the Association (as defined below), which shall own, control, operate and manage all that real property (the “Common Elements”) which is the Property, less the Parcels and Houses; and

Whereas, Developer intends for this Development to consist of twenty-four “Lots”, each consisting of (i) a Parcel, (ii) the House thereon, and (iii) the non-exclusive appurtenant easement (the “Easement”) to use all of the Common Elements in common with all other Lot owners (including Kohnle), but excluding mere lien holders, all of said owners of Lots, their heirs, successors and assigns hereinafter “Owner” or “Owners”; subject, however, to the right of the Association to control the Easements established herein. The Developer further intends to convey the Common Elements to the Association; and

Whereas, Developer intends to establish by this Declaration a plan for the ownership of the Lots, and the ownership by the Westwood CoHousing Homeowners Association, Inc. (the “Association”) of the Common Elements, subject to the Easements.

Now, Therefore, being the fee simple owner of all of the Property, Developer makes the following Declaration as to the limitations and conditions which shall affect the Property and the uses to which the Property may be put and specifies that this Declaration shall constitute real covenants to run with the Property which shall bind and inure to the benefit of Developer, the other Owners, and their respective heirs, successors and assigns.

Item 1. ESTABLISHMENT: Developer, in order to establish a Planned Unit Development for the Property, hereby divides the Property into the following separate freehold estates:

a. Twenty-four separately designated and legally described freehold estates, each known as a “Lot”, each consisting of a Parcel, a House and an Easement. The Lots are and shall be conveyed subject hereto.

b. One freehold estate, known as the “Common Elements” consisting of the remainder of the Property (all the Property less the Lots). The Common Elements shall be for the use and benefit of all of the Owners, subject, however to such restrictions and limitations as are set out herein, in the Bylaws of the Association attached hereto as Exhibit C or as subsequently amended (the “Bylaws”) or in the Rules and Regulations adopted pursuant thereto and attached hereto as Exhibit D or as subsequently amended (the “Rules and Regulations”). Without limiting the foregoing, the Common Elements shall include a wastewater collection system with pumps, wastewater treatment works and/or disposal facilities (collectively, the “Disposal System”) to provide sanitary sewage disposal to serve the Development. The Disposal System will not be conveyed to the Association, however, until permitted by the appropriate public authorities.

c. Notwithstanding the foregoing, certain of the Common Elements may be designated herein, on the Plat or hereafter by Developer or the Association as “Limited Common Elements”. Limited Common Elements shall be those areas, which by their nature are reasonably usable by less than all the Lots and thus are designated as appurtenant to one or more (but less than all) Lots. Limited Common Elements shall be for the exclusive use of the Lot or Lots to which they appertain. In addition, the Association may establish methods to permit the use of the area designated on the Plat as “Reserved Land Lease Area for Proposed Studios” or as “Reserved Area for Future Carports” as studios and carports (including parking), respectively, for the private use of the Owner or Owners so authorized by the Association, by lease or otherwise. The studios and the carports may thus be established as Limited Common element applicable to different Units at different times.

Item 2. EXHIBITS: All of the Exhibits attached hereto are incorporated herein by reference as if fully set forth herein.

Item 3. EASEMENT USE AND LIMITATIONS: Every Owner shall have the non-exclusive right of use and enjoyment of the Easement, which shall include, inter alia, ingress, egress and regress to and from the Parcels and all streets and walkways in the Development, the use of the improvements now or hereafter located in the Common Elements (the “Improvements”) and the benefit of utility easements located therein; but subject, however, to the following provisions and conditions which control the use thereof:

a. The right of the Association to manage, control and charge reasonable admission and other fees (the “Use Fees”) for the use of the Improvements and any recreational or other facilities situated upon the Common Elements.

b. The right of the Association, in accordance herewith, to suspend an Owner’s voting rights and/or the right to use any of the Improvements and recreational facilities situated upon the Common Elements for any period during which any Use Fees or Assessments (as hereinafter defined) remain unpaid, or during the pendency of a breach by such Owner or anyone occupying such Owner’s Lot of the Rules and Regulations;

c. The right of the Association to dedicate or transfer all or any part of the Common Elements to any public agency, authority, or utility upon such terms as are then approved by the Owners;

d. The right of the Association to limit the number of persons using the Improvements or any of the recreational facilities situated upon the Common Elements;

e. The right of the Association, in accordance with its Bylaws, to borrow money for the purpose of improving the Common Elements; and in aid thereof, to mortgage and grant liens and encumbrances upon said Common Elements, except that the right of any such mortgagee or purchaser at a foreclosure sale or sale in lieu thereof shall be subordinate to the Easements;

f. The right of the Association to reasonably regulate, locate, relocate and direct access routes in, over and to the Easements, and to designate parking locations and rules in connection therewith.

Item 4. COMMON ELEMENTS AND OTHER MATTERS: Developer, by this Declaration, and all Owners, by their acceptance of deeds to Lots, covenant and agree as follows:

a. That the Common Elements shall remain undivided, unless all Owners and Holders (as hereinafter defined) agree to the contrary. No Owner shall bring any action for partition (or sale in lieu thereof), it being agreed that this restriction is necessary in order to preserve the rights of the Owners.

b. That the Lots shall be occupied and used only as private dwellings in accordance with the provision of this Declaration, the Bylaws and the Rules and Regulations, and for no other purpose; provided, however, that Developer has the right at all times to use Lots owned or leased by it as a model or for demonstration purposes. In addition, the Lots may be used for home occupations permitted under the Property’s zoning use category, so long as the use is in compliance with the Rules and Regulations.

c. That no owner shall be deemed to own any pipes, wires, conduits, or other utility lines or public convenience facilities running through a Lot which are utilized for or provide service to more than one Lot, and that each Lot is subject to an easement for location, replacement, repair and maintenance of same.

d. That if any portion of the Common Elements encroaches upon any Lot as a result of the construction, repair, shifting, settlement or movement of any portion of any Improvements, a valid easement for the encroachment and for the maintenance of same, shall and does exist. In the event any Improvement is partially or totally destroyed, and then rebuilt, then minor encroachments of parts of the Common Elements due to reconstruction shall be permitted and a valid easement for said encroachment and the repair and maintenance thereof shall and does exist. In no event shall any such encroachment unreasonably burden a Lot.

e. That no wall which serves as a party wall between any two Houses shall be altered, modified or rebuilt without making adequate provision for the care and protection of both Houses served. All walls between Houses which are intended to be equally located on adjoining Parcels shall be deemed so located and equally owned and controlled by the two respective Owners, regardless of whether the said wall is actually located more on one Parcel. While the faulty location of the wall shall not alter the boundary line, an easement for its encroachment shall exist until the Houses are rebuilt (if ever) with the then agreement of both Parcel Owners.

f. That the Association and its successors and assigns shall have, at all times hereafter, an easement for the installation, location, reinstallation, relocation, repair and maintenance of utility lines, including but not limited to drainage lines for water, in and over any area so shown on the Plat.

g. That an Owner, by virtue of being an Owner, is automatically a member of the Association and shall remain a member of the Association until such time as ownership of the Lot ceases for any reason, at which time such Owner’s automatic membership in the Association shall cease. The Bylaws and/or the Rules and Regulations may provide for additional members of the Association; and, thus, the number of members may exceed twenty-four.

h. That the administration and maintenance of the Development, including the sale and lease of any Lot, must be in accordance with the provisions of this Declaration, the Bylaws and the Rules and Regulations. The failure of an Owner or any occupant of a Lot to comply with the same shall be grounds for arbitration and/or an action to recover damages and/or injunctive relief brought by the Association or by an Owner. Notwithstanding the foregoing, the Association shall have the exclusive right for the period of thirty days after it has been notified of a claimed breach hereof or of the Bylaws or Rules and Regulations to commence proceedings against the offender. If the Association so commences, no Owner may maintain an action arising out of the same offense.

i. That this Declaration shall not be amended unless the amendment has been proposed at one meeting of the Association, notice thereof mailed to the Owners, and then adopted by the vote required hereafter at a subsequent Association meeting. The required vote shall be consensus or the affirmative vote of seventy-five percent of the Owners present at a duly called meeting of the Association at which a quorum is present and the affirmative vote of the institutional lenders (bank, mortgage company, etc.) with first lien deeds of trust on such Owner’s Lots (“Holders” or “Holder”). Should any such institution hold a deed of trust on the Property (to secure a development or similar loan), no amendment hereto shall be effected without such lender’s consent. Any Lot which is encumbered by a Holder’s deed of trust shall be deemed to have voted against an amendment hereof unless both the Lot Owner and such Lot’s Holder affirmatively vote therefor. The Bylaws and the Rules and Regulations may be amended, from time to time, in accordance with the provisions thereof. While all amendments to the Declaration must be recorded in the Buncombe County Registry, the amendments to the Bylaws and Rules and Regulations need not be.

j. That no Owner may be exempted from liability to pay the Assessments by waiver of the use of enjoyment of any of the Common Elements, or by the abandonment of the Owner’s Lot.

k. That the Developer retains a permanent easement over and across the Common Elements and over and across the Lots for development and redevelopment purposes, including but not limited to, the right to change grades and swales to properly control water run-offs, the right to utilize portions thereof to afford access to the remainder of the Property or to such adjacent properties as may not or hereafter be owned by the Developer or to provide utility services and ingress, egress and regress thereto; and, the right to grant easements to other persons, firms and corporations over and across the Common Elements and Lots in furtherance of the foregoing.

l. That the Developer further retains the right to subject the Property to a contract with any power company providing electric power to the Development for the installation of underground electric cables and/or area lighting, either or both of which may require an initial payment and/or a continuing monthly payment to such power Company by each Owner directly or as a component of the Assessment.

m. That at the earlier to occur of (i) the conveyance of a Lot by Developer or (ii) the occupancy of a House by Developer or Developer’s tenant (the “Assessment Date”), the regular monthly Assessment for such Lot shall be due and shall commence to accrue. On the Assessment Date, in addition to the first regular Assessment being due, the purchaser (or Developer if (ii) above is applicable) shall pay an amount equal to two months of the regular monthly Assessment against such Lot to the Association, to be held by it as a portion of the Association’s reserve. From and after the Assessment Date, the said Lot’s Owner shall be obligated to pay Assessments on or before the first day of each successive month thereafter. If the Assessment Date is not the first of the month, the Assessment for that month shall be appropriately prorated.

n. That so long as the same is available to it from the Asheville/Buncombe Water Authority or its successor furnisher, water shall be furnished to each Lot by the Association with the anticipated cost of same being a component of the Assessment. Since it is contemplated that the Property will have only one water meter, through which all water used in the Property will be metered, and since Developer is concerned about conserving natural resources, all Owners shall use their best efforts to conserve water; and, in furtherance of the same, the Association may prohibit or limit various uses of water from time to time including the watering of outdoor plantings, the removal of water saving appliances or components thereof (except with replacement by a similar appliance or component), the washing of vehicles or boats on the Property, and/or the performance of any other act which results in a usage of water in excess of a reasonable amount. The Association reserves the right, from time to time, to install submeters for monitoring purposes and to charge Owners based thereon.

o. That unless garbage pickup is provided at no extra charge by the City of Asheville, the same shall be contracted for by the Association with a regular hauler and the cost thereof shall be a component of the Assessment. All Owners shall comply with the rules established by the Association for garbage pickup and storage.

p. That no outdoor plantings of any kind shall be effected by anyone other than the Association, except with the prior express permission of the Association, which may be given or withheld for any reason or no reason. Notwithstanding the foregoing, Owners may plant vegetation within their Parcels. Likewise, no external painting, staining or other exterior decoration or maintenance of the House exterior or of any other structure on the Lot shall be performed by any Owner or at any Owner’s direction, nor shall anything be erected, placed, located or otherwise be allowed to exist on any Lot which is visible from the exterior of the Lot and which the Association deems to be objectionable or detrimental to the physical appearance of the Development. The Association has and shall have an easement over and across all portions of the Lots in order for the Association to abate objectionable conditions, to maintain the exterior of the Houses, and to keep the Grounds (the non-House portions of the Parcel visible from its front) in reasonably sightly condition. The Association is responsible for the general maintenance of the Common Elements (including utility facilities therein), and for repairs and replacements to House roofs, gutters and downspouts, external finishes and the House structure, (but not skylights, doors or windows thereof), all subject to the Association’s control, as all external replacements and visible repairs on any Lot must be approved by the Association. Notwithstanding the foregoing, and for clarification purposes, the Owner is responsible for the repair, maintenance and replacement of the portion of the sewer system inside the House and outside to the subtrunk connection (approximately five feet outside), as well as for the utility equipment inside the House and in the service closet. Without limiting the foregoing, the Disposal System shall be a Common Element which shall be properly maintained and operated in conformity with law and the permit therefor. Should any Owner or the occupant of the Owner’s Lot cause the damage or destruction of any of the items which the Association is obligated to maintain, it may appropriately assess the said Owner on a special basis as part of such Owner’s Assessment. The Association may, but need not, require a uniform color, finish and roof scheme throughout the Development.

q. No exposed exterior antennas or other apparatus for the reception of radio, TV or satellite transmission shall be placed on any Lot without the Association’s consent, except that a satellite dish not exceeding two feet in diameter may be placed on or about a House exterior by an Owner, at a location acceptable to the Association.

r. That, the Association shall have the exclusive right to control the parking of vehicles and traffic flow within the Development. Each Lot is entitled to, and shall receive upon request, two reserved parking spaces, with the particular spaces being designated by the Association. The Association shall seek to accommodate Owner’s requests for proximity of spaces to Lots.

s. That the Developer intends for the Development to be occupied by persons who are congenial and capable of living together in harmony, and the Rules and Regulations of the Development shall be aimed towards such a community.

t. That the Developer or the Association, with the approval of Owners (and their Holders) following the procedure set forth in 4(i) above (including the Lots owned by Developer) may add adjacent property to the Development by amending, or record, the description of the Property.

u. That physical damage insurance insuring against loss or damage to the Houses resulting from fire and other regularly insured casualties shall be maintained by the Association in accordance with the provisions of the Bylaws of the Association. The Association shall serve as an insurance trustee for the purpose of receiving insurance proceeds and disbursing the same in the course of reconstruction.

Item 5. ASSESSMENTS:

a. Each Owner shall pay the Association all assessments or charges of any kind or nature levied by the Association, with the amounts thereof to be established, levied and budgeted as set forth in the Bylaws. The amount of the assessment levied against a Lot may be different from that levied against another Lot, in recognition of the lesser or greater anticipated common expense to the Association by virtue of such Lot’s size and anticipated cost of maintenance and replacement. All assessments or charges levied by the Association (except Use Fees), together with interest, costs, and reasonable attorney’s fees for the collection thereof (herein, the “Assessments” or “Assessment”) shall be a charge and lien upon the Lot against which the Assessment is made. Each Assessment shall also be the personal financial obligation of the person, or persons, who was, or were, the Owner or Owners, of such Lot at the time the Assessments became due. The personal financial obligation for delinquent Assessments shall not pass to successors in title to any Lot unless expressly assumed by such successors; however, the unpaid Assessments shall be and remain a lien upon the Lot until satisfied, except as may be herein otherwise provided. The Use Fees shall not be a part of the Assessments. Except for the payment of taxes and insurance due from the Association, the costs of maintaining and operating the Disposal System shall receive the highest priority.

b. Any Assessment which is not paid when due shall be delinquent. Each Owner, by acceptance of a deed to a Lot, hereby expressly vests in the Association, or its agents, the right and power to bring all actions against such Owner personally for the collection of such Assessments by methods available for the enforcement of liens, including foreclosure by virtue of an action brought in the name of the Association. The lien provide for in this section shall be in favor of the Association and shall be for the benefit of all Owners. The Association, acting on behalf of the Owners, shall have the power to bid at any such sale and to acquire and hold, lease, mortgage and convey the same, and to subordinate so much of its right to such liens as may be necessary or expedient. No Owner may waive or otherwise escape liability for the Assessments by non-use of the Common Elements or facilities or abandonment of the Lot.

c. The lien of the Assessments provided for herein shall be subordinate to tax liens and special assessments on a Lot made by any lawful governmental authority. No sale or transfer of any Lot shall affect the Assessment lien. However, the sale or transfer of a Lot pursuant to a Holder’s mortgage or deed of trust foreclosure or any proceeding in lieu thereof, shall extinguish the lien (but not the personal obligation of the previous Owner) of the Assessments which became due prior to such sale or transfer. No such sale or transfer shall relieve such Lot from liability for all Assessments thereafter becoming due. The extinguishment of said lien shall result in the allocation of the unpaid Assessment as a common expense of all other Owners.

Item 6. CONVEYANCE TO ASSOCIATION: Developer shall, prior to the conveyance of the first Lot, convey the Common Elements to the Association, subject to the Easements. The Common Elements may be encumbered at the time of conveyance, so long as the Declaration and the Easements are superior to the encumbrance.

Item 7. LIMITATIONS ON SALE: Except as provided herein, no Owner may sell any Lot or part thereof or interest therein.

Any Owner intending to sell (other than as expressly permitted in the Bylaws) all or any part of a Lot or any interest therein (the “Selling Owner”) shall give notice (the “Notice”) together with the terms of the proposed transaction and name and address of the intended recipient. The giving of the Notice shall constitute a representation by the Selling Owner to the Sale Committee and any subsequent purchaser produced by the Sale Committee, as hereinafter provided, that the Selling Owner reasonably believes the proposal to be bona fide in all respects.

Within thirty days after receipt of the Notice, the Sale Committee shall either approve the proposed transaction in writing (the “Approval”) or shall furnish the Selling Owner with a signed offer (the “Offer”) from a purchaser approved (the “Approved Grantee”) by the Sale Committee, upon the same terms stated in the Notice, except that the Approved Grantee shall have not less than thirty (30) days subsequent to the date of the Offer within which to close the transaction. So long as the Offer is monetarily identical to what was contained in the Notice, the Selling Owner shall promptly accept the Offer. The Approval of the Sale Committee shall be in recordable form signed by any two members of the Association’s Board and shall be delivered to the purchaser. The failure of the Association to act within such thirty (30) day period shall be deemed to constitute approval of the proposal in the Notice, but shall not eliminate the Association’s obligation to provide the Approval in recordable form, as aforesaid. The Selling Owner shall be bound to consummate the transaction with the Approved Grantee per the Offer.

Notwithstanding the foregoing, the sale of a Lot as a result of foreclosure or sale under a power of sale in a Holder’s deed of trust shall not be subject to this Item 7 or affected in any manner. If, however, a Lot is purchased at such a sale, then the purchaser thereat shall be obligated thereafter to honor the foregoing limitations with respect to all future sales.

Any Owner may convey or transfer the Owner’s Lot by gift, will or intestacy without complying with the procedures set forth in this Item 7, but the recipient of such Lot shall be and remain subject to all of the terms and conditions hereof thereafter.

In event that the Association should purchase or otherwise acquire any Lot, the title thereto shall be vested in the Association, as Trustee for all of the remaining Lot Owners, with each other Lot’s Owner being the beneficiary of a 1/23 interest therein.

Item 8. AGENT: Elana Kohnle, whose address is 29½ Westgate Road, Asheville, NC 28806, is hereby designated as initial agent for the service of process of Developer and Association pursuant to the General Statutes of North Carolina. Her appointment may be revoked, and another agent appointed, in the manner provided by law.

Item 9. LAW COMPLIANCE: This Declaration is intended to comply with the requirements of all laws of North Carolina and the United States of America. In case of any conflict between this Declaration and said laws, the provisions of said laws shall prevail, and any provision contrary thereto is severable and shall be void ab initio.

Item 10. SEVERABILITY: The provisions here are severable in the event of the invalidation of any of them. The provisions hereof shall run with the land for a period of twenty years herefrom, and shall automatically be renewed thereafter, unless terminated or modified by a vote of the Owners and the Holders thereof following the procedure set forth in 4(i) above.

Item 11. EXHIBITS: The following exhibits are attached hereto and made a part of this Declaration.
Exhibit “A”: Description of the Property.
Exhibit “B”: There is no separate attachment serving as Exhibit B, but a Plat of survey showing the Development is recorded in Buncombe County Plat Book 67 at page 119.
Exhibit “C”: The Bylaws of the Association.
Exhibit “D”: The initial Rules and Regulations of the Association.

IN WITNESS WHEREOF, the Developer has caused this instrument to be executed and sealed the day and year above written.

Westwood Cohousing Development Company, LLC (SEAL)

By: ________________________________________ (SEAL)
Member

___________________________________________ (SEAL)
Elana Kohnle


Originally approved April 21, 1996,
Amended November 10, 2002,
Amended January 11, 2010,
Amended October, 10, 2010,
Amended November 20, 2011

Bylaws of Westwood Cohousing Homeowners Association, Inc. ("Association")

Asheville, North Carolina

Article I
Plan of Unit Ownership

Section 1. Definition: All terms defined in the Declaration of Westwood Cohousing Planned Unit Development (“Declaration”) to which these Bylaws are attached shall have the same meaning herein and shall be used without further definition. The Association shall be incorporated.

Section 2. Applicability: The provisions of these Bylaws are applicable to the Development (hereinafter called the Community), including but not limited to the Lots and the Houses and to the occupancy and use thereof.

Section 3. Parties Bound: All Owners, their tenants and any other person, firm or corporation that occupies and/or uses the Community or any part thereof in any manner, are subject to the provisions of these Bylaws and any Rules and Regulations adopted pursuant hereto.

Section 4. Acceptance: The acquisition of a Lot and/or the rental or occupancy thereof or any part of the Property shall constitute acceptance of these Bylaws, the Declaration, the Rules and Regulations and all amendments thereto and the agreement to comply therewith.

Article II
Voting, Majority of Owners, Quorum, Proxies

Section 1. Consensus: The owners intend for all decision making to be by consensus, as outlined in the Member packet. If consensus cannot be achieved, then the provisions set forth in Sections 2 through 6 below shall apply.

Section 2. Voting: Except as otherwise provided herein and for matters relating directly to the Rules and Regulations, voting shall be based on Lot ownership (one Lot = one vote). Where a Lot is owned by more than one person or entity, the Lot has only one “Owner” and one vote; and, if a dispute arises among the same, the owning persons shall designate, by agreement in writing filed with the Board of Directors (hereinafter “Board”) of the Association, the person entitled to cast the vote for the Lot. Except as otherwise provided herein, the affirmative vote of 75% of those owners present at a duly called meeting of the Association at which a quorum is present is necessary to adopt the measure being voted upon.

Section 3. Quorum: Except as otherwise provided in these Bylaws, the presence in person or by proxy of a Majority of Owners shall constitute a quorum.

Section 4. Proxies: Votes may be cast in person or by proxy. Proxies must be in writing and filed with the Secretary before the appointed time of any meeting.

Section 5. Disputes: In the event of disputes between or among Owners, the Association or any other interested parties, the same shall be sought to be resolved by mediation prior to seeking arbitration or court proceedings.

Section 6. Member votes: All Members, as such term is defined in the Rules and Regulations, shall be entitled to and shall each have a vote on matters relating to Rules and Regulations, regardless of the number of Members residing on Lot. Matters of a legal nature, whether regarding the structure of the Association, the real property rights of Lot Owners or otherwise shall be voted upon in the manner set forth in Section 2 above. In the event of any dispute, whether the voting shall be based upon a Majority of Owners or a majority of Members, a Majority of Owners shall be used.

Article III
Administration

Section 1. Administration: The Association will have the responsibility of administering the Community, approving the annual budget, establishing and collecting the Assessments, and managing or arranging for the management of the Community, which may be pursuant to an agreement containing provisions relating to the duties, obligations, removal and compensation of a management agent. The Association shall have all powers provided for a corporation in the Business Corporation Act of the State of North Carolina.

Section 2. Meeting Location: Meetings of the Association shall be held at the Common House or such other suitable place convenient to the Owners as may be designated by the Board.

Section 3. Annual Meeting: The annual meetings of the Association shall be held on the third Saturday inn March at 4 p.m., or at such other date and place within the month of March as is specified by the Board. At such meetings, the Board shall be elected by ballot of the Owners, in accordance with the requirements of these Bylaws. The Owners and other Members may transact such other business of the Association as may properly come before them.

Section 4. Periodic Meetings: The Association may schedule other regular meetings, such as monthly or quarterly, as it may decide, to deal with the ongoing affairs of the Association. The furnishing of the meeting schedule to Members shall constitute notice of the meetings.

Section 5. Special Meetings: The President shall call a special meeting of the Owners on the President’s own motion or if so directed by a resolution of the Board or if a petition is presented to the Board signed by not less than twenty percent (20%) of the Owners. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting except as stated in the notice thereof, unless consented to at the meeting by the vote of at least the Owners of eighteen Lots.

Section 6. Notice: The Secretary shall give notice of each annual or special meeting stating the purpose thereof as well as the time and place when it is to be held to each Owner at least ten (10) but not more than fifty (50) days prior to such meeting. Notice shall be delivered to the Owner’s address within the Project or at such other address as an Owner shall have specified to the Association in writing. A notice mailed shall be deemed delivered upon mailing.

Section 7. Quorum Present: If any meeting of Owners does not have a quorum present, the Owners who are present, either in person or by proxy, may adjourn the meeting to a time not less than forty-eight hours from the time the original meeting was called, with immediate notification of Owners.

Section 8. Copies: The Association shall make available within a reasonable time upon reasonable request therefor, copies of the Declaration, these Bylaws, the Rules and Regulations and the books, records and financial statements thereof to Owners and Holders who request the same. The Association may charge reasonable copy costs therefor.

Section 9. Condemnation: The Association shall represent the Owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of the Common Elements, or part thereof, and each Owner appoints the Association as attorney-in-fact for such purposes. In the event of a taking or acquisition of part or all of the Common Elements by a condemning authority, the award or proceeds of settlement shall be payable to the Association, but for the use and benefit of the Owners.

Section 10. Studios/Carports: The Association may, from time to time, establish and amend regulations, forms and charges regarding the construction of, manner of title to, use of, transfer of and other matters concerning studios and/or carports.

Article IV
Board of Directors

Section 1. Number and Terms: The affairs of the Association shall be governed by a Board of Directors composed of not less than three (3) nor more than five (5) persons. Each member of the Board shall be the Owner of a Lot, have an interest therein, or be proposed by one of the foregoing, as long as a majority of the Board of Directors are Owners. All directors shall be elected for three year terms. The directors shall hold office until their successors have been elected and hold their first meeting.

Section 2. Nominating and Election Procedure: See election policy in Member Packet.

Section 3. Powers: The Board shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things as are not by law prohibited or by these Bylaws directed to be done by the Owners.

Section 4. Duties: In addition to the duties elsewhere imposed by these Bylaws or by resolutions of the Association, the Board shall be responsible for overseeing the following:

(a) Care, upkeep and protection of the Community, including but not limited to the servicing, maintenance, repair and replacement of all Common Elements. It is the intention of all Owners that the obligations of Owners to pay all sums billed by the Association should never fail for lack of a standard to measure or for a lack of clarity as to what is to be maintained. By acceptance hereof, and of a deed for a Lot all Owners waive any and all rights to claim the nonenforceability of Assessments for lack of a standard or clarity. Owners shall have the right to receive information as to such matters but not to claim any lack of enforceability;

(b) Hiring and firing of personnel for the maintenance and operation of the Community and the Common Elements;

(c) Fiscal management of the Association, including but not limited to the determination of and collection of all Assessments in accordance with the Declaration and these Bylaws.

Section 5. Contracts: The Board may contract with or employ any person, firm or corporation, to serve as management agent for the Community and the Association, at a compensation established by the Board.

Section 6. Vacancies: Vacancies on the Board caused by any reason other than the removal of a director by a vote of the Association shall be filled by vote of the majority of the then remaining directors even though they may constitute less than a quorum; and each person so elected shall be a director until a successor is elected at the next annual meeting of the Association.

Section 7. Removal: At any regular or special meeting of the Association duly called, any one or more of the directors may be removed, with or without cause, by a Majority of Owners and a successor may then and there be elected by a Majority of Owners to fill the vacancy thus created. Any director whose removal has been proposed shall be given an opportunity to be heard at the meeting.

Section 8. First Meeting: The first meeting of a newly elected Board shall be held within five (5) days of election at such place as shall be fixed by the directors at the meeting at which such directors were elected, and no notice shall be necessary to the newly elected directors in order legally to constitute such meeting, providing a majority of the Board shall be present.

Section 9. Regular Meetings: Regular meetings of the Board may be held at such time and place as shall be determined, from time to time, by a majority of the directors. Notice of regular meetings of the Board shall be given to each director, personally or by mail, telephone or email, at least ten (10) days prior to the date named for such meeting.

Section 10. Special Meetings: Special meetings of the Board may be called by the President or any two directors on three (3) days’ notice to each director given personally or by mail, telephone or email, which notice shall state the time, place (as hereinabove provided), and purpose of the meeting.

Section 11. Notice of Meeting: Before or at any meeting of the Board, any director may in writing waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.

Section 12. Quorum: At all meetings of the Board, a majority of the directors shall constitute a quorum for the transaction of business and acts of the majority of the directors present at a meeting at which a quorum is present shall be acts of the Board. If at any meeting of the Board there be less than a quorum present, the majority of those present may adjourn the meeting from time to time with appropriate notice. At the continuation of any such adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted provided a quorum is present.

Section 13. Bonds: The Board may require that all officers and employees of the Association handling or responsible for Association funds furnish adequate fidelity bonds; provided, however, that this provision shall not require that the Treasurer and/or Comptroller be bonded if, under the terms of any management agreement in effect from time to time, the person, firm or corporation serving as management agent is responsible for collecting and disbursing Assessment funds and is required to account to the Association for said funds at least annually. The premiums on necessary fidelity bonds for members of the Association shall be paid by the Association.

Section 14. Compensation: No member of the Board shall receive any compensation for serving in said capacity, nor shall the expenses of meeting be borne by the Association. Notwithstanding the foregoing, Board members may be reimbursed for expenditures authorized by the Board in furtherance hereof.

Article V
Officers

Section 1. Officers: The principal officers of the Association shall be a President, a Vice President, a Secretary and a Treasurer (Secretary and/or Treasurer may be combined with any other office), all of whom shall be elected by the Board from among its members. The Board may appoint an Assistant Treasurer and an Assistant Secretary and such other officers as in their judgment may be necessary from among its members or from among the general membership of the Association; however being appointed to these or any other positions does not confer membership on the Board of Directors.

Section 2. Election: The officers of the Association shall be elected annually by the Board at the organization meeting of each new Board and shall hold office at the pleasure of the Board.

Section 3. Removal: Upon an affirmative vote of a majority of the members of the Board, any officer may be removed, with or without cause, and the successor thereof elected at any regular meeting of the Board or at any special meeting of the Board called for such purpose. The person removed from office remains a member of the Board unless removed from the Board as specified in Article IV, Section 7.

Section 4. Duties – President: The President shall be the Chief Executive Officer of the Association. The President shall preside at all meetings of the Association or delegate the responsibility to another facilitator, shall preside at Board meetings, and shall have all of the general powers and duties which are usually vested in the office of President of an association, including but not limited to the powers to appoint committees, from time to time, to assist in the conduct of the affairs of the Association.

Section 5. Duties – Vice President: The Vice President shall take the place of the President and perform such duties whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board shall appoint some other member of the Board to do so on an interim basis. The Vice President shall also perform such other duties as shall from time to time be delegated to the Board.

Section 6. Duties – Secretary: The Secretary shall keep the minutes of all meetings of the Board and the minutes of all meetings of the Association; shall have charge of such books and papers as the Board may direct; and shall, in general, perform all duties incident to the Office of Secretary.

Section 7. Duties – Treasurer: The Treasurer shall have responsibility for Association funds and securities and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association, and shall be responsible for the deposit of all monies and other valuable effects in the name, and to the credit of the Association, in such depositaries as may from time to time be designated by the Board; provided, however, that the Treasurer shall not be responsible for such of the foregoing matters as have been delegated to the management agent pursuant to the provisions of Article IV, Section 5 of these Bylaws. The Board may appoint a Comptroller to assist the Treasurer. An Assistant Comptroller may also be appointed.

Section 8. Comptroller: The Comptroller is appointed by the Board of Directors and may not serve as a member of the Board while in the capacity of Comptroller. The Comptroller does not have to be an Owner in the Association. The Comptroller, as requested by the Treasurer, shall manage the Association’s books, pay the bills and collect money for the Association. The Comptroller shall also provide financial reports as requested by the Board, and organize all financial data to be given to an outside auditor for periodic review.

Section 9. Document Execution: All agreements, contracts, deeds, leases, checks, notices and other instruments to be executed on behalf of the Association shall be executed by any two persons holding office (for the purposes hereof, on documents requiring attention, the attesting officer shall be deemed an executing officer). In no event shall any such document only be signed by one person.

Section 10. Compensation: No officer shall receive any compensation for serving in said capacity, nor shall the expenses of meeting be borne by the Association. Notwithstanding the foregoing, an officer may be reimbursed for expenditures authorized by the Board in furtherance hereof.

Article VI
Committees

Section 1. Committees: The Board shall appoint an Architectural Review Committee, a Nominating Committee, a Homeowners’ Mediation Committee and a Sales Committee. In addition, the Board may create other committees and teams as deemed appropriate in carrying out the Community’s purpose.

Section 2. Architectural Review Committee: The Architectural Review Committee shall consist of at least three members, all of whom shall be Owners of different Lots. This Committee shall review requests for improvements and make recommendations to the Board. This Committee may work with an outside consultant.

Section 3. Nominating Committee: The Nominating Committee shall consist of at least three members, all of whom shall be Owners of different Lots. This Committee’s members shall serve a one-year term, which may be renewed up to a maximum of three years. This Committee shall be responsible for carrying out nominating and election procedures under Article IV, Section 2. No rule established by this Committee shall preclude the taking of nominations from the floor.

Section 4. Homeowners’ Mediation Committee: The Homeowners’ Mediation Committee shall consist of three members, all of whom shall be the Owners of different Lots. This Committee shall be responsible for receiving from the Association, any Member, or any other party, grievances concerning violation of any provision of the Rules and Regulations, the Bylaws or the Declaration, and the Committee may seek to mediate or otherwise assist in resolution of those grievances.

Section 5. Sales Committee: The Sales Committee shall consist of three members, all of whom must be the Owners of different Lots. This Committee shall review and respond to Notices, as provided in the Declaration and carry out duties defined in the Committee charter.

Section 6. Other Committees, Teams and Councils: Other committees, teams, and councils may be created by the Members and ratified by the Board. The role and function of each such committee, team, or council shall be set forth in a written charter approved by the decision-making process outlined in Article II. Such charters may empower such committees, teams, and councils with the authority to hear complaints and otherwise participate in the enforcement actions outlined in Article XII. The Members may either elect or approve volunteer members of these committees, teams and councils.

Article VII
Fiscal Management of the Association

Section 1. Guidelines: The Board shall use the following guidelines in the fiscal management of the Association.

(a) Receipts and disbursements of the Association shall be credited and charged to accounts under the following classifications as shall be appropriate: (1) The operating fund which provides for current maintenance, utilities (including water, sewer, gas, telephone and garbage pickup), insurance policies obtained and maintained pursuant to Section VII of this Article, and administrative expenses, including a reasonable allowance for current contingencies and working funds other than expenditures chargeable to reserves, and amounts necessary to make up any deficits in common expenses for any prior year. Any balance in the operating fund at the end of each fiscal year shall be applied to reduce the assessments for current expenses for the succeeding fiscal year or shall be transferred to the reserve fund or General Operating Contingency Fund hereinafter provided for, as determined by the Board.

(2) A reserve fund to assure that the Disposal System, which is a Common Element that must be maintained by the Association, shall have sufficient monies available to maintain, repair and replace it.

(3) A reserve fund for the purpose of performing periodic maintenance, replacement and repair of Improvements, other parts of the Common Elements, and of roofs and structural elements of the Houses.

(4) (Deleted.)

(5) A fund for current maintenance and repair of the Common Elements derived from Use Fees, as established from time to time by the Board to equitably charge these persons using the Common Elements.

(b) Until March 31, 2011, the fiscal year of the Association shall coincide with the calendar year. Beginning April 1, 2011, the fiscal year of the Association will run from April 1st of each year to March 31st of the following year. The Board shall prepare a budget for each fiscal year that shall include the estimated funds required to provide and maintain funds for the foregoing accounts. It shall submit the proposed budget to the Association for approval at the Annual Meeting, sending it with the notice of the meeting as required in Article III, Section 6. Approval of the budget shall require the vote of 75 percent of Owners. In the event the proposed budget is not approved, the budget last approved by the Owners shall be continued until such time as the Owners approve a subsequent budget proposed by the Board.

Section 2. Budget copies: Copies of the adopted budget and proposed assessments shall be transmitted to each Owner following the annual meeting. If the budget is amended subsequently, a copy of the amended budget shall be furnished each Owner within two weeks of the change.

Section 3. Assessments: Until March 31, 2011, Assessments against the Lots in order to meet the budget requirements shall be made for the calendar year annually in advance on or before December 15 preceding the year for which the Assessment is made. Beginning with the 2011/2012 fiscal year, Assessments against the Lots in order to meet the budget requirements shall be made annually in advance for the fiscal year on or before March 31st preceding the fiscal year for which the Assessment is made. Assessments against Lots may be different in recognition of the estimated differing costs of repair and replacement. The Assessments shall be due in twelve equal installments payable monthly on the first day of each calendar month during said year. In the event the Assessment proves to be insufficient, the budget and Assessments may be amended at any time during the year by proposal of the Board, which shall require approval of 75 percent of Owners. The unpaid Assessment, as amended, for the remaining portion of the calendar year shall be divided by the number of months remaining in the year and such increased amount shall be payable monthly for the balance of the installments due for the year. Notwithstanding anything to the contrary herein, special assessments to adequately provide for the maintenance, repair and replacement of the Disposal System may be made at any time if the amount held in the reserve fund therefor and other then available funds are insufficient to so adequately provide.

Section 4. Violation: If an Owner shall be in violation of the Declaration, including but not limited to a default in the payment of an Assessment or part thereof, the Association may accelerate the remaining installments of the current year’s Assessment due from such Owner upon notice to such Owner, and then the unpaid balance of the current year’s Assessment shall come due upon the date stated in the notice, but not less than ten (10) days after the forwarding of the notice to the Owner.

Section 5. Other Expenses: Assessments for expenses, including capital expenditures, that are not included in the budget shall be made only after notice of the need for such is given to the Owners. After such notice, and upon approval by the Board and by a Majority of Owners, the additional expense shall become an Assessment, and shall be due at such time as the Board establishes.

Section 6. Overdue Charges: All unpaid Assessments shall bear a late charge of $25.00 plus interest computed at a rate of twelve percent (12%) per annum, which shall accrue from and after thirty (30) days from the time the same are due. In addition, delinquent owners shall be liable for the costs to the Association, including reasonable attorneys’ fees, of collection of such paid Assessments. Unpaid Assessments may be collected by the Association pursuant to the provisions hereof.

Section 7. Insurance: The Board shall be required to obtain and maintain, to the extent obtainable, any insurance required by the Declaration, fire and extended coverage on all insurable structures in the Community (including the Houses), adequate liability insurance, or insurance otherwise selected by the Board in furtherance hereof. All such policies shall provide that adjustment of loss shall be made with the Board or its designated representatives. All policies of physical damage insurance shall contain waivers of subrogation and waivers of any defense based on co-insurance or of invalidity arising from any acts of the insured, and shall provide that such policies may not be cancelled or substantially modified without at least ten (10) days’ prior written notice to all of the insured, including Holders.

Owners are not prohibited from carrying other insurance for their own benefit provided that the liability of the carriers which issue the insurance obtained by the Board shall not be affected or diminished by reason of any such additional insurance carried by any Owner. Any insurance on House contents desired by an Owner shall be carried by the Owner at Owner’s expense.

In the event proceeds are received by the Association as a result of an insured casualty, it shall receive and disburse the same as a trustee for the benefit of the affected Owners. The Association shall be responsible to replace the damaged or destroyed structures using the insurance proceeds received by it. Insurance proceeds shall be received and disbursed in substantially the same manner as set forth in N.C.G.S. 47C-3-113, recognizing the fact that the Community is not a condominium, the Houses (including structural components) are owned by the individual Owners and that the Common elements are limited in comparison with a condominium project. The Association and the affected Owner(s) shall reasonably seek to effect the reconstruction in as simple a manner as possible. If the insurance proceeds are insufficient to replace a House, the excess shall be promptly provided by the Owner of such House.

Article VIII
Liability of Officers and Directors of Association

The officers of the Association and members of the Board, shall not be liable to the Owners for any mistake of judgment, negligence, or otherwise, except for their own individual willful misconduct or bad faith. The Owners shall indemnify and hold harmless each of the officers and members of the Board against all contractual liability to others arising out of contracts made by the officer and/or Board on behalf of the Association, unless any such contract shall have been made in bad faith or contrary to the provisions of the Declaration or of these Bylaws. It is intended that the officers and members of the Board shall have no personal liability with respect to any contract made by them on behalf of the Community. It is also intended that the liability of each Lot’s Owner arising out of any contract made by the officers and/or Board or out of the aforesaid indemnity in favor of the officers and/or members of the Board shall be limited to one-twenty fourth thereof.

Article IX
Amendment

These Bylaws may be amended by presentation of proposed changes at one meeting, distribution of proposed changes prior to another meeting, and adoption of proposed changes at second meeting, by decision-making procedures outlined in Article II.

Article X
Corporate Seal

The Association shall have a seal in circular form having written within its circumference the words: Westwood Cohousing Homeowners Association, Inc.

Article XI
Voluntary Dissolution

The Association shall not voluntarily dissolve without first having transferred the Disposal System to another entity which has been lawfully provided a permit therefor.

Article XII
Enforcement

The Association's process to enforce the Declaration, these Bylaws, the Rules and Regulations, and other policies and agreements shall be set forth in a Pathway for Enforcement and Broken Agreements (Pathway) approved by the decision-making process outlined in Article II and ratified by the Board. This process may be amended from time to time with the current approved Pathway automatically being incorporated into these Bylaws as Appendix A.

Appendix A

Westwood Cohousing Homeowners Association Pathway for Enforcement and Broken Agreements

Section I. Introduction.

We, the members of the Westwood Cohousing Homeowners Association, Inc. (WCHA) commit to engaging in conflict resolution. Unresolved conflict and broken agreements can have a negative impact on our community. Each of us has the potential to harm the community with our actions. In order to maintain the health of our community, we shall take steps to enforce our Declaration, Bylaws, Rules & Regulations, and other policies and agreements. We are committed to resolving conflict and violations at the lowest level possible. We respect each other's confidentiality in this process. Even when the process is open to all, we commit to refraining from gossip.

In this light, we agree to follow this Pathway for Enforcement and Broken Agreements.

Section II. Roles.

Individual members, residents and owners – Individuals enter the pathway at the lowest level possible. For interpersonal conflicts, this begins with Step 1. Individuals may request assistance from the Reconciliation Team at any point in Steps 2 – 4. For violations that fall under the domain of a team or body, individuals may take their concern directly to that group (Step 4) as the lowest level possible.

Reconciliation Team – The Reconciliation Team assists individuals in the resolution of interpersonal conflicts. Such assistance can range from simply serving as a sounding board to actively engaging in conflict resolution. The Reconciliation Team may also help to steer individuals to resources outside of the community as needed. The Reconciliation Team involvement, if used, will generally be in steps 1 through 4 of the pathway.

Teams – Teams participate in the pathway as educators, information gatherers, and evaluators of Formal Complaints. Teams can call on the Homeowners' Mediation Committee for assistance as needed. Teams may also initiate resolution of violations that fall under their domain, beginning at step 4.

Homeowners' Mediation Committee – The Homeowners' Mediation Committee serves four functions. It assists teams and individuals in resolving conflicts that may arise over a violation using mediation. Generally this will occur at Step 4 of the pathway. It assists the Board in appointing an Adjudicatory Panel, which may include individuals from the Committee. It maintains an archive of documentation related to enforcement for situations that reach Step 5 and beyond in the pathway. Finally, it serves as the representative for the WCHA Membership in attempting to find resolution of interpersonal conflicts that persist despite the best efforts of the Reconciliation Team and which have an impact on the WCHA Membership as a whole.

Board of Directors – The Board of Directors serves five functions. It acts as educator, information gatherer, and evaluator of Formal Complaints where a situation involves a violation that falls under its domain. It initiates the formal hearing process. It serves as the final appeal body for alleged violations of the Declaration, Bylaws, and Rules and Regulations. It informs the WCHA Membership when a sanction has been applied to enforce the Declaration, Bylaws, and Rules and Regulations. It follows up on such situations and initiates any necessary subsequent steps, such as mediation, arbitration or litigation, on behalf of WCHA, Inc.

Community Council – The Community Council serves five functions. It acts as educator, information gatherer, and evaluator of Formal Complaints where a situation involves a violation that falls under its domain. It schedules and facilitates meetings of members, residents, and owners for the purpose of considering an appeal of imposed resolution in the case of unresolved interpersonal conflict. It schedules and facilitates meetings of members, residents, and owners for the purpose of considering an appeal for alleged violations of other policies and agreements. It follows up on these latter situations. It is responsible for making sure there is adequate training for the Reconciliation Team, Homeowners' Mediation Committee, and other members, residents, and owners selected to participate in conflict resolution and arbitration.

Adjudicatory Panel – The Adjudicatory Panel conducts Formal Hearings. The members of the Adjudicatory Panel are selected by the Homeowners' Mediation Committee for a specific Hearing and are appointed by the Board.

Section III. Emergency situations.

Situations that involve a clear and present danger may be resolved by any member of WCHA, Inc. by notifying the appropriate city or county enforcement agency. We recognize that in such cases, there may be a need for conflict resolution following the immediate resolution of the dangerous situation at hand.

Section IV. The Pathway. The Pathway consists of a sequence of steps of increasing seriousness and formality. A genuine attempt shall be made by all parties to resolve a conflict at the lowest level possible. Only upon failure to resolve a conflict at a given level shall the matter advance to the next level.

1. Let it go (Step 1). Take time to reflect whether it is possible to honestly let go of hurt or negative feelings towards the other person. Seek assistance in discerning this as needed. Avoid acting until there has been adequate time to process.

If unable to let go, proceed to the next step.

2. Speak directly with the other person (Step 2). Communicate as directly as possible with the other person. Seek assistance to help discern how best to do this or for help with listening and non-violent communication skills. Email is not recommended as a method for resolving conflict.

a. Participation in conflict resolution is required. When approached for interpersonal conflict reconciliation, each member is expected to participate. Refusal is not an acceptable choice. However, individuals are encouraged to consider which level of interpersonal conflict resolution would be the most effective for them, i.e., Step 2, Step 3 or Step 4 (Reconciliation Team).

b. Four part model for interpersonal reconciliation. Use the four part model for interpersonal reconciliation approved by the WCHA Membership: name your feelings, tell your story, identify what is really at stake or most important to you, and identify what you are willing to do or give to help make resolution possible.

If this step does not bring resolution of the problem, proceed to the next step.

3. Get informal help to speak with the other person (Step 3). Individuals may choose to resolve their interpersonal conflict with the assistance of other people, either within or from outside the community. Be sure to ask for permission and input from the other person involved when choosing a third party to be present. Consider a five person model – each person involved chooses an advocate and both choose one impartial person to be present.

If this step does not bring resolution of the problem, proceed to the next step.

4. Get help from the responsible team or other official body (Step 4).

a. Interpersonal conflicts. Request assistance from the Reconciliation Team. This applies to individuals who have not been able to resolve an interpersonal conflict using Steps 2 and 3, or who may have chosen to seek Reconciliation Team assistance immediately at Step 2.

1. Reconciliation Team. The Reconciliation Team can draw on individuals within the WCHA Membership and on outside resources to help individuals resolve interpersonal conflicts. If this work fails, the Reconciliation Team shall forward the situation along with specific information about the efforts tried to the Homeowners' Mediation Committee for consideration. The Homeowners' Mediation Committee shall consider the breadth and nature of impact the conflict has on the community and respond on behalf of the WCHA Membership.

2. Unresolved interpersonal conflicts. When an interpersonal conflict is unresolved despite previous efforts and has a wider impact on the WCHA membership, the Homeowners' Mediation Committee may impose a resolution on both parties involved. The involved parties have the right to appeal such resolution. In those cases, the Homeowners' Mediation Committee contacts the Community Council to schedule a meeting of members, residents and owners to hear such appeal.

3. Appeal of imposed resolution for unresolved interpersonal conflicts. The Community Council must set a date for the appeal meeting to occur within 4 weeks from the time of the request. Both parties shall be given the opportunity to attend. The Homeowners' Mediation Committee will report to the members, residents and owners present the details of the situation, the attempts that have been made to resolve it, and their recommended resolution. Each party will then have a reasonable time to speak. The members, residents and owners present will consider the situation and seek to resolve it as needed. It is possible that resolution may not be achieved. Minutes of the meeting will be made available to all WCHA Members. The Homeowners' Mediation Committee shall collect all relevant documentation to the conflict resolution process for archiving purposes.

b. Individual enforcement of the Declaration, Bylaws, Rules and Regulations and other policies and agreements. Individuals seeking resolution of a violation of the Declaration, Bylaws, Rules and Regulations, and other policies and agreements initiate such process through the team or body that has purview over the specific area of violation. The focus of this step is resolution through education and dialogue. If there is any confusion about where to go, such as where no body is clearly responsible for an area or two teams may have similar purview, seek assistance from the Board or Community Council in determining which team or body to work with.

c. Team enforcement of the Declaration, Bylaws, Rules and Regulations, and other policies and agreements. A team or other official body may initiate this process of education and dialogue when it recognizes a violation of a policy or agreement that falls under its domain.

5. File a Formal Complaint (Step 5).

a. Initiating a Formal Complaint. A Formal Complaint may be initiated by an individual, by a group of individuals, or by a team or other official body enforcing an agreement or policy which falls under its domain.

b. To whom a Formal Complaint is filed. A Formal Complaint is filed with the appropriate team or body. If there is any disagreement about which is the appropriate team or body, the Board shall decide.

c. Minimum requirements of a Formal Complaint. A Formal Complaint shall be in writing and shall include the name of individual(s) or initiating team or body filing the complaint, the name of individual(s) allegedly committing the violation, and the nature of the complaint.

6. Evaluation of a Formal Complaint (Step 6).

(a)Responsibilities of the team or other official body in evaluating a Formal Complaint.

1. Notify individual(s) who have been named in the complaint in writing and, if possible, verbally. If the responsible individual is not a homeowner, include the associated homeowner in this notification.

2. Review relevant policies and documents.

3. Assess the complaint. This can be done without the responsible individual or associated homeowner being present.

4. Communicate findings in writing, and if possible, verbally, to all parties involved. In the case where the team is not in consensus regarding its findings, it shall consult with the Board.

5. Minutes shall include information about the evaluation process and be available to all WCHA members.

b. Issuance of Notice of Violation. When the team or body affirms that a violation has occurred and that it persists, it shall issue a written Notice of Violation to the responsible individual and, where applicable, the associated homeowner, with a copy to the Board.

c. Minimum requirements of Notice of Violation. A Notice of Violation shall be in writing and shall include a copy of the Formal Complaint, a reference to the specific policy that has been violated, a clear direction for resolution, and a clear timeframe for resolution. The standard time frame shall be ten days unless otherwise designated by the team. The Notice may include any other appropriate information and documents that may help the responsible individual or, where applicable, the associated homeowner to resolve the violation. The Notice shall give the responsible individual and, where applicable, the associated homeowner, the choice between resolution and a Formal Hearing.

d. Rights of individual and associated homeowner issued a Notice of Violation. The responsible individual and, where applicable, the associated homeowner, issued a Notice of Violation may request, in writing, an extension of the time frame for resolution. The team or body may grant such a request and shall do so in writing.

e. When team or other official body finds that no violation has occurred. If the team or body determines that no violation has occurred, the individual(s) filing the complaint may request a Formal Hearing from the Board if the team or body's finding does not satisfy them.

f. Archiving of relevant documents. If the violation is resolved as a result of the formal complaint process or if it is decided that no violation has occurred, the original written complaint and its findings shall be forwarded to the Homeowners' Mediation Committee for archiving.

g. Proceeding to Formal Hearing. In the case where the responsible individual and, where applicable, associated homeowner choose a Formal Hearing or do not resolve the violation, the team or body shall notify the Board, in writing, of the need for a Formal Hearing.

7. Formal Hearing (Step 7).

a. Appointing an Adjudicatory Panel. When notified of the need for a Formal Hearing, the Board shall consult with the Homeowners' Mediation Committee to appoint an Adjudicatory Panel.

(B)Membership of the Adjudicatory Panel. The Adjudicatory Panel shall consist of five individuals who are not directly or substantially involved in the situation in question. Per NC Planned Communities Act § 47F, no Officer of WCHA, Inc. may serve on the Adjudicatory Panel. Individual members of the Homeowners' Mediation Committee who have served to help mediate a situation at a lower level are asked to recuse themselves from participation at the formal hearing level.

b. Notice of Formal Hearing.

1. Issuance of Notice of Formal Hearing. The Board shall issue written Notice of Formal Hearing.

2. Minimum requirements of a Notice of Formal Hearing. Such Notice shall be in writing and shall include a date for the Formal Hearing that is not less than one week and not more than one month from the day on which resolution of the violation was expected, and a copy of the Notice of Violation. It shall invite the responsible individual and, where applicable, associated homeowner to bring along supporting individuals (which may include legal counsel), and name the individuals serving on the Adjudicatory Panel.

c. Formal Hearing Process. The Formal Hearing process shall be held in open session, unless otherwise decided by the Board. The Adjudicatory Panel shall record minutes of the proceedings which will be considered a public document and made available by usual means. Parties on each side of the dispute shall be given reasonable time to make a presentation, including the attestation of any witnesses. Relevant documents shall be presented to the Adjudicatory Panel for review, including any previous documentation from the Homeowners' Mediation Committee's archives that specifically relate to the current violation in question. The Adjudicatory Panel will strive to use consensus to reach agreement. Where this process fails, they will move to a vote. A simple majority vote will decide.

8. Formal Hearing Findings (Step 8).

a. Communication of findings. The Adjudicatory Panel shall communicate its findings in writing, and if possible, verbally, to all parties involved and to the Board. This written communication shall state whether the finding was reached by consensus or vote and the specific numerical breakdown of such vote.

b. Notice of Sanction. In the case where the Adjudicatory Panel finds that a violation has occurred or persists, and that all reasonable attempts to resolve the violation have been made, the Panel shall issue a written Notice of Sanction.

c. Nature of sanctions. The nature of sanctions applied will be left to the discretion of the Adjudicatory Panel and, finally, the Board or members, residents and owners as final appeal bodies. Creativity and non-violence are encouraged when seeking resolution of violations, e.g. reparation to repair the damage done. Such sanctions shall not be legally enforceable. In the case of violations of the Declaration, Bylaws, and Rules and Regulations, the decision-making body seeking to resolve a violation with a non-legally enforceable sanctions is asked to also offer a legally enforceable sanction. This latter sanction can be applied after a period of two weeks should the violation persist.

d. Legally enforceable sanctions. At times, legally enforceable sanctions may be warranted. Such sanctions can be applied only to violations of the Declaration, Bylaws, and Rules and Regulations. They include fining, suspension of voting rights, suspension of rights to use common elements, acceleration of annual assessment payment, and filing a lien against a homeowner's property. The North Carolina Planned Communities Act allows for the imposing of fines up to $100 for violations of WCHA "restrictions" (refers to the Declaration, Bylaws and Rules and Regulations) 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 under G.S. 47F 3 116. In the case where suspension of voting rights or common element use rights is imposed, the NC Planned Communities Act allows for this sanction to be applied without further hearing until the violation is resolved.

e. Minimum requirements of a Notice of Sanction. A Notice of Sanction shall be in writing and shall clearly identify the violation, summarize the attempts that have been made to resolve it, specifically describe the nature of the sanction being applied until resolution is achieved, and specify the time frame for appeal, which by law shall be 15 days.

f. Rights of responsible individual and associated homeowner. The responsible individual and associated homeowner shall have 15 days to appeal the decision. The sanction shall not go into effect until this time has passed and the appeal process is complete.

g. Rights of individual or group of individuals initiating the Formal Complaint. If the individual or group of individuals initiating the Formal Complaint in question are not satisfied with the findings of the Formal Hearing, they shall have 15 days to appeal the decision.

h. When the Adjudicatory Panel finds that there is no violation. In the case where the Adjudicatory Panel finds that there is no violation or that a violation has been sufficiently resolved, they will communicate this finding to all parties involved and forward all documents to the Homeowners' Mediation Committee for archiving.

9. Appeal Process (Step 9).

a. Violations of the Declaration, Bylaws, and Rules and Regulations.

1. To whom a request for appeal is filed. Requests for appeal of decisions related to violations of the Declaration, Bylaws, and Rules and Regulations shall be made in writing to the Board regardless of the nature of sanction which has been applied.

2. Response to request for appeal. The Board shall respond in writing within one week to such a request. The Board shall set a date for the appeal that is within 3 weeks from the time of the request and invite the responsible individual and, where applicable, associated homeowner to bring any supporting individuals, including legal counsel.

3. Appeal process. The appeal process for violations of the Declaration, Bylaws and Rules and Regulations shall follow the Formal Hearing process, with the role of the Adjudicatory Panel being taken by the Board.

4. Appeal decision. The Appeal decision may affirm, vacate, or modify the prior decision of the Adjudicatory Panel.

5. Communication of appeal decision. The Board will send out written notification of the Appeal decision to the WCHA Membership. Such notification shall identify specific violation in question, the responsible individual and, where applicable, associated homeowner involved, and their findings.

b. Violations of other policies and agreements.

1. To whom a request for appeal filed. Requests for appeal of decisions related to violations of other policies and agreements shall be made in writing to the Community Council.

2. Response to request for appeal. The Community Council shall schedule a meeting of adult members, residents and owners within 4 weeks from the time of the request and invite the responsible individual and, where applicable, associated homeowner to bring any supporting individuals. Legal counsel is not welcome at such meetings.

3. Appeal process. The Appeal process for members, residents and owners shall allow time for the Homeowners' Mediation Committee to report on the attempts to resolve the alleged violation, including the Formal Hearing. The responsible individual and, where applicable, associated homeowner shall be given reasonable time to speak on their own behalf. The members, residents and owners present shall be given time to consider the situation and make an appeal decision. The members, residents and owners present will strive to use consensus to reach agreement. Where this process fails, they will move to a vote. A simple majority vote of all members, residents and owners present at the meeting will decide.

4. Appeal decision. The Appeal decision may affirm, vacate, or modify the prior decision of the Adjudicatory Panel.

5. Communication of appeal decision. The Community Council will make minutes from the meeting of members, residents and owners that clearly identify the appeal decision available to all WHCA Members.

10. Step 10. Follow-up

a. Board follow-up. The Board shall be responsible for monitoring compliance with all sanctions applied during the Formal Hearing and Appeal processes for violations of the Declaration, Bylaws and Rules and Regulations.

1. Communication of status of violation. The Board shall publish the status of resolution of any such violation in the minutes of all subsequent Board meetings until the violation is resolved.

2. When a violation continues to be unresolved. When a violation continues to be unresolved for a period of four weeks following the final decision of the Formal Hearing or Appeal process, the Board shall make plans for mediation, arbitration, or litigation in the case where the responsible individual and, where applicable, the associated homeowner, choose not to resolve the violation. In the case where such proceedings find in favor of WCHA, the Board shall direct the Comptroller to assess the responsible individual or, where applicable, the associated homeowner, the cost of such proceedings. Such cost will be subject to all relevant provisions of the Declaration and Bylaws.

3. Archiving of relevant documentation. The Board shall forward to the Homeowners' Mediation Committee all relevant documentation relating to the violation for archiving purposes. This documentation shall include at a minimum the original Formal Complaint, the findings of any responsible team or body, the Notice of Violation, the Notice of Formal Hearing, the minutes and findings from the Formal Hearing process, the written Appeal request, the minutes and findings of the Appeal process, notification to the WCHA Membership and follow up reports.

b. Community Council follow-up. The Community Council will be responsible for monitoring compliance with all sanctions applied during the Formal Hearing and Appeal processes for violations of other policies and agreements.

1. Communication of status of violation. The Community Council shall report on the status of resolution of any such violation to the WCHA Membership until the violation is resolved. This can be done as a report at a monthly meeting or in writing in the Bridge (community newsletter).

2. When a violation continues to be involved. The community or the Community Council may initiate an additional meeting of members, residents and owners to consider further steps to take. In such cases, resolution may not be achieved.

3. Archiving of relevant documentation. The Homeowners' Mediation Committee will be responsible for collecting all relevant documentation relating to the violation for archiving purposes. This documentation will include at a minimum the original formal complaint, the findings of any responsible team or body, the notice of violation, the notice of formal hearing process, the minutes and findings from the formal hearing process, the written appeal request and response, the minutes and findings of the appeal process and follow up reports.

Section V. NC Planned Community Act.

The following portion of the NC Planned Community Act will shall serve as a reference for this pathway:

§ 47F 3 107.1 Procedures for fines and suspension of planned community privileges or services.

Unless a specific procedure for the imposition of fines or suspension of planned community privileges or services is provided for in the declaration, 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 association in G.S. 47F 3 102(11) and (12). 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 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 under G.S. 47F 3 116. If it decided that a suspension of planned community privileges or services should be imposed, the suspension may be continued without further hearing until the violation or delinquency 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 the decision. The executive board may affirm, vacate, or modify the prior decision of the adjudicatory body. (1997 456, s. 27; 1998 199, s. 1; 2005 422, s. 4.)


Westwood Cohousing Homeowners Association, Inc.
Rules and Regulations

Originally approved April 21, 1996,
Revised November 10, 2002
Revised October 11, 2009

Section 1. Definition: All terms that are Capitalized herein and which are not defined herein shall have the same meaning as established in the Declaration and Bylaws of the Development to which this document is attached.

Section 2. Membership: All adults shall confirm to the Association before joining that they have:
a. Attended at least one membership meeting of the Association as an observer, one community meal, and one workday,
b. Read the Cohouing: A Contemporary Approach to Housing Ourselves, by Kathryn McCamant and Charles Durrett, current edition,
c. Read the Member Packet,
d. Understand that their occupancy and use of a Lot is subject to the Declaration, Bylaws and these Rules and Regulations (of which they have been provided a copy), and
e. Understand that Members of the Association, as defined below, shall have the right to vote as provided in the Declaration, the Bylaws and these Rules and Regulations, and other policies passed by the Association; and that “Members” shall be the residents of the Development eighteen years of age and older, living, or expecting to live, in the community three months or longer, and such other persons as are voted thereto by the Association.

Section 3. Maintenance and Repairs:
a. Members shall share in the work to maintain the Common elements according to the provisions of Section 12 below.
b. Members shall maintain in reasonably good condition and repair all portions of Lots which the Association is not responsible to maintain. Owners shall promptly perform all maintenance and repair work within the Member’s House which, if not promptly done, might affect the structural integrity thereof, the work required by the Association or another Lot of the Development.
c. Except as caused by the negligent or willful act of a Member or by an insured casualty, all replacement, repair and maintenance to the exterior of a House is the responsibility of the Association. No work shall be performed by anyone to a House exterior unless it has been approved by the Architectural Review Committee.
d. An Owner shall promptly reimburse the Association for any expenditures incurred by it in repairing or replacing any Common Element or item for which the Association is responsible, and which is damaged through the negligent or willful act or omission of the Owner or the occupant of the Owner’s Lot.
e. No Owner shall make, or permit to be made, any structural modifications or alterations within the Owner’s House without first receiving written approval from the Association therefor. The Association shall respond to the request no later than thirty (30) days following its receipt thereof. The Association may delegate its obligations under this subparagraph to its Architectural Review Committee, as outlined in the Bylaws, Article VI, Section 2. Failure of the Association to respond within said time period shall mean that it has no objection to the proposed modification or alteration.
f. All such modifications, including electrical and plumbing work, must meet city code requirements and Owners or their agents must secure necessary building permits.

Section 4. Fire Hazards: Readily flammable materials shall not be placed or allowed to accumulate within three (3) feet of any flammable structure or tree. Flammable liquids shall be kept only in approved containers and shall be properly disposed of. All containers for fires or sites for fires, including chimneys and grills, shall be fitted with spark screens or other suitable means of fire control. The Association reserves the right to adopt such regulations as it deems necessary to provide suitable fire safeguards.

Section 5. Prohibited Activities: Noxious, offensive or loud activities shall not be carried on upon any Lot or upon the Common Elements. Every Owner is responsible to see that no use of the Owner’s Lot is made that could reasonably cause annoyance or nuisance to the neighborhood. The use of gasoline leaf blowers and electric bug zappers is specifically prohibited. Noise producing mechanical systems shall be shielded to minimize noise pollution according to the regulations of the Association. In addition, other noise producing activities, including but not limited to lawn mowers, power equipment, and loud shop use, shall be restricted according to the regulations of the Association.

Section 6. Work and Hobby Activities: Since Westwood encourages a mix of living and work spaces, provided the work is compatible with the environment residents seek here, consideration shall be given to what types of work are appropriate. The relevant factors include: noise, outside clutter, traffic, parking, odors, lights, dust, environmentally caustic material, hours of activity, fire hazards, wear and tear on building improvements, the effect upon market value of property, and any other kinds of impact on the community (both Westwood and the larger neighborhood). Since some types of work use only need to be separate from housing in the studio zone (as shown on the Development site plans), while others will not be appropriate anywhere in Westwood, no blanket rule covers all situations; each must be decided on a case-by-case basis.

Section 7. Guns and Other Weapons: The residents of Westwood are working to create a safe and trusting community. Guns and other weapons are associated with great dangers. No firearm or other explosive device may be brought onto the Development, except in compliance with the Association’s safety restrictions adopted hereafter.

Section 8. Garbage and Trash Storage: Garbage, trash or refuse of any kind or nature shall be stored, kept or deposited only in places and in manners approved by the Association.

Section 9. Signs: No advertising material shall be placed in, or about any Lot or the common elements without the prior consent of the Association.

Section 10. Other Occupancy: Any Owner may allow the occupancy of a House or part thereof by lease or otherwise. In all cases occupants are bound by the Rules and Regulations, Bylaws and Declaration, with the exception that persons living in the Development less than three consecutive months do not have to meet the membership requirements under Section 2.

Section 11. Animals and Pets: Household pets are welcome in the Development, but the keeping of pets (manner, number, type, weight, etc.) on a Lot shall be subject to the pet rules hereafter adopted, which may be stricter than any governmental ordinance. Any barking or aggressive dog which becomes a nuisance must be removed by its owner from the Development.

Section 12. Community Service: The Association shall determine which tasks for the maintenance and upkeep of the Common Elements shall be carried out through monthly assessments of fees (see Section 13) and which through community service by the Members. The scope of such service is intended to be 1-2 hours per week as developed in Community Service policy and the Community Service team charter.

Section 13. Use Fees: All persons using any of the Common Elements shall be expected to bear the reasonable cost of wear and tear thereto, in excess of those general costs attributable to the mere existence of the Common Element. The Association shall, from time to time, establish a schedule of fees for use of the Common Elements through assessments based on the budget. All persons using the common elements over and above what has been assessed for shall pay extra. The Board may suspend any person’s right to use the Common elements (except the Easements) for failure to pay the Use Fees or other violations of the Rules and Regulations. Fees for the use of the Common Elements by persons who are not members shall be determined by the Association as detailed in the Common House Use Policy for Outside Groups.

Section 14. Lot Utility Fees: Water, sewer and gas are metered centrally and shall be paid for by the Association, which shall assess each owner for the Owner’s share of this expense, to be determined by submetering or other means as decided by the Association. Electricity and telephone service fees for individual dwellings shall be paid directly by the Owners to the utility suppliers.


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.


    Board Election Procedure

    July The board recommends to the community the board size for the following year.

    August the community votes on board size for the following year, setting the number of open slots for this election.

    Nominating Committee is appointed.

    Someone wanting to serve on the board or nominate someone to serve on the board should contact the nominating committee.

    September Nominating Committee selects candidates.

    October Nominating Committee presents slate of candidates. Nominees must be owner or proposed by owner; nominees must have agreed to serve, understanding commitment for length of term.

    Nominated candidates encouraged to attend board meetings.

    November Additional nominations may be made in writing to the Nominating Committee no later than 24 hours prior to the (first) November WCHA meeting.

    December Election of board members using voting procedure initially approved in September 2002 (if and as subsequently modified).

    December or January Training for Board members (provided in budget).

    This procedure meets current bylaws.


    Westwood Community Service Policy

    Approved by WCHA April 21, 2002

    Preamble
    We reaffirm these factors already decided:
    Community service is by person.
    Four hours a month is the minimum expected.
    Team meetings are not considered community service.
    This is how we determine what work needs to be done:

  • Teams are empowered through their charters to carry out their field of responsibility.
  • Teams request, as part of the budget process, what work needs to be done by outside people, as well as what their budget needs are for material to do the work that can be done through community service. The Association makes the final decision on what gets included in the budget and therefore in the monthly assessment.
  • Big, long-term maintenance projects are covered in our Reserve Fund.

    Westwood Community Service Policy

    The Westwood Cohousing Community has the good fortune to be located on 4+ acres of wooded city land with various gardens, walking trails, buildings, and other elements held in common by the Association and its members. This property and its numerous elements require constant housekeeping, maintenance, and occasional improvement to both maintain the property and enhance the quality of life for all its members. Therefore:

    Each adult member of the Westwood Community – 18 years and older, living here more than three months – is expected to work a minimum of four hours of community service per month. The purpose of community service (CS) is:
    1. To keep our assessments lower by doing some work ourselves instead of paying for outside labor.
    2. To have the experience of working together to maintain and improve what we own, as part of the spirit of community and cohousing.
    Members have a choice, however, of either working or paying $10 for each hour not worked.

    Community service is defined by the teams whose responsibility is to oversee the housekeeping, maintenance and improvement of our physical plant. Each of those teams will list all of the tasks in their area of responsibility that need to be done on a regular basis (in order of current priority), such as taking out the trash, monitoring the heating system, and mowing the grass. In addition, they have the responsibility for defining specific one-time or occasional maintenance or new improvement projects.

    The teams are responsible for providing the CS coordinator with a list of new required chores a week before the monthly workday. The CS coordinator will post the list several days before, so that members can make appropriate plans to perform work then or at another convenient time. A quarterly list of ongoing regular jobs will also be posted for member sign-up. Hours worked by the Board President, Board Secretary and Comptroller in those capacities count as CS. Other Board members’ service time counts up to two hours of CS per month. Research requested or approved by the Board can count, as does child care for workdays and Board meetings, and preparing lunch on workdays. A member wishing to do an individual project should ask the appropriate team for approval.

    Although all members are expected to work, we recognize that different members have different constraints of time or physical ability. They should contact the Community Service Team to arrange a different timetable or different work. Members who plan to be absent three months or less may work extra hours in advance, pay, or make arrangements with their renters to work in their stead. Members who do not have renters and who are absent more than three months come under the payment policy and pay a minimum amount of $40/month/household. Absentee owners of a unit rented for three months or more do not have community service obligations, which are performed by the tenant. The owner has the responsibility to ensure that renters are aware of community service requirements, and owners are ultimately responsible for community service obligations for their unit. Absentee owners in the process of selling their home are exempt from community service obligations for up to three months; then, if the unit remains empty, they come under the payment policy and pay the minimum amount of $40/month.

    Members not working four hours a month are asked to fill in the Community Service line on the assessment statement:
    I/We include $_________ in lieu of Community Service hours not worked last month.
    This will be done on the honor system. Banking of hours previously worked or traded with another member will also be on the honor system. No household will be expected to pay more than $60 per month.

    Payments in lieu of community service will be put into a separate line item and disbursed according to the requests of teams, to be approved by the Board.

    There may be an occasion when someone living here may be unable to work, such as a member who suffers a long illness, and therefore is excused from the work or pay requirement.

    We encourage children to work as a good way to make them feel part of the community. At age 18 they are full members.

    A committee appointed by the Board to represent appropriate teams, with other volunteers, will over the next year review the community service work performed to see whether all necessary work is accomplished and whether the system is fair. Within one year from initial approval of this plan, the committee will make a report to the membership. If insufficient community service work has been done, it may be necessary to increase the number of hours expected or increase assessments to cover hired labor costs. If we find we have more hours than we need, we can decrease the number. The committee will also assess how well this policy is working, and if needed, recommend changes. This policy is in effect until changed by the Association.


    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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