WITNESSETH:
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.
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)
___________________________________________ (SEAL)
Article I
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
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
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 during the first half of December. At such meetings, the Board shall be
elected by ballot of the Lot 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
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 Assessment 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
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
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.
Article VII
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) Current maintenance, utilities (including water, sewer, gas and garbage
pickup) 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 this fund at the end of each year shall
be applied to reduce the assessments for current expenses for the succeeding
year or shall be transferred to the reserve fund or general operating reserve
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) Insurance policies obtained and maintained pursuant to Section 7 of this
Article.
(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) The Board shall prepare a budget for each calendar 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. In addition, the Board shall have authority for the
expenditure of $1,000 or less during the calendar year without Association
approval.
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: 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.
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 Assessments proves to be insufficient,
the budget and Assessments may be amended at any time during the year by the
Board; subject, however, to the limitations imposed by the foregoing Section
1(b) of this Article. 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. The Association shall equitably
adjust the individual Assessments in order to reflect the different insurance
costs per House or other Owner structure insured.
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 by promptly provided by the Owner of such House.
Article VIII
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
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
The Association shall have a seal in circular form having written within its
circumference the words: Westwood Cohousing Homeowners Association, Inc.
Article XI
The Association shall not voluntarily dissolve without first having transferred
the Disposal System to another entity which has been lawfully provided a permit
therefor.
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:
Section 3. Maintenance and Repairs:
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.
[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:
IN TESTIMONY WHEREOF, the Incorporator has executed these Articles of Incorporation, this
the 4th day of June, 1997.
Gregory T. Holden, Incorporator.
Preamble
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:
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:
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.
General:
Common house:
Romp room:
Outdoor play equipment:
WCHA meetings:
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.
Parking for visitors:
Dogs
Cats
See City ordinances for overall policies.
1. Both rooms are equally available.
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.
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
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.
Member
Elana Kohnle
Bylaws of Westwood Cohousing Homeowners Association, Inc. (“Association”)
Originally approved April 21, 1996,
Revised November 10, 2002
Plan of Unit Ownership
Voting, Majority of Owners, Quorum, Proxies
Administration
Board of Directors
Officers
Committees
Fiscal Management of the Association
Liability of Officers and Directors of Association
Amendment
Corporate Seal
Voluntary Dissolution
Westwood Cohousing Homeowners Association, Inc.
Originally approved April 21, 1996,
Rules and Regulations
Revised November 10, 2002
a. Attended at least one community supper and one business meeting of the
Association as an observer,
b. Read the Cohousing Book, 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 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.
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.
Articles of Incorporation
of Westwood Cohousing Homeowners Association
(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.
Westwood Community Service Policy
Approved by WCHA April 21, 2002
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:
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.
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.
Agreements concerning children
Approved by WCHA 7/14/02
Common House Use Guidelines
Approved by WCHA 6/20/01
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.
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
Common House Guest Room Policy
Approved by WCHA Nov. 18, 2001, amended June 1, 2003
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.
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