NOTE:

Changes to the By-Laws  are hi-lited in yellow.

New additions are hi-lited in blue.

BY-LAWS OF THE KING'S GRANT
HOMEOWNERS ASSOCIATION INC.

INTRODUCTION: The King’s Grant Homeowners’ Association was originally incorporated as a nonprofit organization under the laws of North Carolina on 11 August 1969. The first meeting of the Board of Governors was held in Charlotte, N.C. on 15 August 1969, at which time the Bylaws were approved. The Articles of Incorporation were filed with the Secretary of State, S.C. on 20 August 1969. The Association continued to meet and function in Charlotte until 15 January 1974, when control passed to the resident members in King’s Grant. The original Bylaws have been were amended by majority vote of the membership in January 1976 and by the Board of Governors in November 1975, May 1981, October 1984, September 1996, February 2002, February 2007, October 2007, October 2009, and January 2010. The Corporation was reorganized as a South Carolina nonprofit cooperation as of June 4, 2010, and the By-Laws were amended and restated as of June 10, 2010. Changes were also made by The Board of Directors in December 2011.

THE BY-LAWS ARE THE OPERATING GUIDELINES OF THE BOARD OF DIRECTORS

When you purchase property in King’s Grant you automatically become a member of this Association. The Bylaws outline the rights and responsibilities of your membership. Please read and comply with these laws.

ARTICLE 1

Members of the Board of Directors

Section 1. Qualifications: The Board of Directors must be members of the Association in good standing (Article IV, Section 6) and physically reside in King’s Grant (Article III, Section 17)

Officers

Section 1. Executive Officers: The Executive Officers of the corporation shall be a President, a Vice President, a Secretary and a Treasurer. No Board member may serve on the Executive Board without having served at least one (1) year on the Board..The President and other officers shall be elected annually by the Board of Governors Directors, hereafter sometimes referred to as the Board. They shall take office January 1 after the election. The officers of the corporation shall be members of the Board of Governors Directors and members in good standing of the corporation. The election of officers shall take place in December following the November election, but not later than December 31. Board members voting for officers shall consist of members who have completed their first year and newly elected Board members only.

Section 2. The President: Subject to the direction of the Board of Governors Directors, the President shall be the chief executive officer of the corporation, as shall perform such other duties as from time to time may be assigned by the Board.  The President shall appoint all committee chair persons. The President shall be an ex-officio member of all committees.

Section 3. The Vice-President: The Vice-President shall have such power and perform such duties as may be assigned by the Board of Governors Directors or the President. In case of the absence or the disability of the President, the duties of that office shall be performed by the Vice-President.

Section 4. The Secretary: The Secretary shall keep the minutes of all proceedings of the Board of Governors Directors and all committees and the minutes of the members’ meetings in the books provided for that purpose; shall have custody of such books and papers as the Board may direct, and shall in general perform all the duties incident to the office of Secretary, subject to the control of the Board of Governors Directors and the President. The Secretary shall also perform such other duties as may be assigned by the President or by the Board.

Section 5. The Treasurer: The Treasurer shall have custody of all receipts, disbursements, funds and securities of the corporation and shall perform all such duties incident to the Office of Treasurer, subject to the Board of Governors Directors and the President. The Treasurer shall perform such other duties as may from time to time be assigned by the Board or the President. The Board shall obtain a bond for the faithful discharge of the duties in such sum as the Board may require.

ARTICLE II

Board of Governors Directors

Section 1. Number of Members: The business and affairs of this corporation shall be managed by a Board of Governors Directors which shall consist of nine members.   The number of Board members may be changed from time to time by a majority of the Board of Governors Directors.

Section 2. Executive Committee: The Executive Committee shall consist of the Executive Officers of the Board, unless otherwise selected each January by the Board; which committee shall have all the powers of the Board of Governors Directors between meetings, regular or special. The President of the Association shall be the chairman of the Executive Committee.

Section 3. Regular Meetings: The Board shall meet for the transaction of business at such time and place as may be designated.

Section 4. Special Meetings: Special meetings of the Board of Governors Directors may be called by the President or by three members of the Board for any time and place, provided reasonable notice of such meetings shall be given to each member of the Board before the time appointed for such meetings. In order to call a “special meeting” the notice must include the purpose of such meeting.

Section 5. Quorum: The Governors Directors shall act only as a Board and the individual Governors Directors shall have no power as such. A majority of the Governors Directors for the time being in office shall constitute a quorum for the transaction of business, but a majority of those present at the time and place of any regular or special meeting, although less than a quorum, may adjourn the same from time to time without notice until a quorum be on hand. The act of the majority of the Governors Directors present at any meeting at which there is a quorum shall be the act of the Board of Governors Directors, except as may be otherwise provided by law.

Section 6. Order of Business: The Board of Governors Directors may determine the order of business at its meetings.

Section 7. Chairman: At all meetings of the Board of Governors Directors, the President, or, in his/her absence, the Vice-President, or, in the absence of both, a chairman chosen by the Governors Directors present, shall preside.

Section 8. Terms of Members of the Board: Members of the Board of Governors Directors shall be elected to serve for two years. To provide continuity within the Board, normally four members will be elected one year, and five members the next. However, should vacancies occur during the year for any cause, the next election held will be for that number required to bring the Board to its authorized strength of nine. They shall be elected by the members in good standing so as to take office at the start of the fiscal year.

Section 9. Ex-officio Members of the Board: The outgoing President of the Board shall be requested to remain, should his/her term be expired, as an ex-officio member, with no voting privileges, for a period of three (3) months.

Section 10. Annual Report: The Board of Governors Directors, at the Annual Meeting referenced in Article III, Section 1, shall submit to the members of the Association a report as to the condition of the Association and its property and shall submit also an account of the financial condition transactions of the year-to-date.

Section 11. Resignation: Whenever a Board member is unable to perform his their elected duties by virtue of transfer, health, conflict of interest, or other cause, such member should submit a letter of resignation to the Board citing the reason.

Section 12. Vacancies in Board: Whenever a vacancy in the membership of the Board shall occur, the remaining members of the Board shall have the power to select a successor Governor Director to fill such vacancy. No resident of the community shall be appointed as an interim Board member until such vacancy has been published and distributed to all King’s Grant residence and they have had the opportunity to volunteer for the position. An interim Board member may then be confirmed by a two-thirds (2/3) majority vote of the Board members upon their review of the candidates. In no case shall the newly appointed interim member remain on the Board without being elected to the Board by the association at the next annual meeting.

Section 13. Removal from the Board: Should a member have three (3) unexcused absences from the monthly Board meetings during the calendar year, that member shall be subject to removal from the Board by a majority vote of a quorum of the Board. Excused absences shall be those absences caused by personal or family illness, travel necessitated by one’s employer or other emergencies which require the Board member’s absence. An excused absence is established by the member calling the President or Vice-President of the Board in advance of the meeting and discussing the anticipated absence with him/her.

Section 14. Compensation: All Board members serve without compensation for their services. Those expenditures made by any member of the Board at the direction of the Board are reimbursable by the Homeowners’ Association and require that the Board member retain and turn in to the Board’s Treasurer all receipts relative to the expenditure.

Section 15. Ethics: Should it be determined that a Board member has deliberately lied, mislead, or falsified any information either directly or by omission to the other members of the Board or to any members of the association or if a Board member breaches their fiduciary duties due to a dishonest act or breaches their obligation to enforce agreements, contract, or any other binding instruments that have been ratified by the association members, the Board member or members will immediately step down from the Board upon a seventy-five percent (75%) majority vote of the Board.

Section 16. Overturning Board Decisions: The association shall have the absolute right and power to overturn any decision made by the Board or to request the resignation of any Board member by a signature petition of at least fifty-one percent (51%) of the membership of the association.

Section 17. Board Members Residence Requirements: No individual may serve on the Board unless they are a property owner and physically reside in King’s Grant. Board members must be a member in good standing (Article IV, Section 6).

Section 18. Decisions of Individual Board Members: No individual Board member shall issue any unilateral permissions or directives or engage in contracts or agreements of any kind with developers, contract service providers, webmasters, attorneys, or any other persons who are obligated to the Board and the association without the expressed permission of a seventy-five percent (75%) majority vote of the Board.

Section 19. Financial Benefits: No Board member may benefit financially, either directly or indirectly, from contracts awarded for services to the association and no relative of any Board member may will be selected to perform any work on behalf of the association where compensation is due.

ARTICLE III

Meetings of Members

Section 1. Annual Meetings: There shall be an annual meeting of the members of the corporation at such place as may be designated on the second Tuesday in November of each year at 7:30  7:00 p.m. in the evening, if not a legal holiday under the laws of the State of South Carolina. If it is a legal holiday, then the meeting will be on the next succeeding business day, for the transaction of such business as may come before the meeting. No notice shall be required for such meeting.

Section 2. Special Meetings: Special meetings of the members of the corporation shall be held whenever called by the Board of Governors Directors or by the holders of at least ten property owners in good standing.  Written notice of each special meeting, stating the time, place, and general terms the purpose of purposes thereof, shall be sent or delivered  to each member at least seven (7) days prior to the meeting.

Section 3. Quorum: At any meeting of or election by the members of the corporation, a quorum shall consist of those members in good standing attending or voting, either in person or by proxy, and a majority in amount of such quorum shall decide any questions that may come before the meeting or of the election. This is not meant to include those questions, which are specifically mentioned in the restrictions of the corporation as needing the vote of a majority of all homeowners on record.

Section 4. Proxy: Every member in good standing may cast one vote either in person or by proxy, for each lot owned in fee simple by that particular member solely or jointly, or by the corporation owning the lot or lots of which he/she/it is a stockholder and the member thereof.

Section 5. Vote tabulation: All votes cast by association members in any election, special or otherwise, or pertaining to any other issue, must be tabulated by a disinterested third party. The third party cannot be related to any Board member or candidate and must not be performing any contract work for goods or services for the King’s Grant community. The verification of an association member’s identity and the voting procedures implemented to govern the vote shall in no case exceed those utilized in a presidential election.

Section 6. Meeting Minutes: Every effort will be made to comprehensively report any issue which is discussed by the Board and shall be reflected in the meeting minutes in detail which will be made available on the community website within two (2) weeks of any and all Board meetings. Board meetings will be tape recorded to ensure accuracy concerning matters discussed by the Board for the review of the community and/or the convenience of the executive secretary. Any issue upon which the Board votes must be included in the meeting minutes, as well as the result of how all Board members voted on each issue.

Section 7. Members Rights at Meetings: The association members will not be denied the right to attend regular Board meetings and to speak at a meeting once each quarter for a reasonable amount of time on any matter of their choosing so long as it involves their personal circumstance or reasonably involves matters of the community. A reasonable notice of five (5) days in advance of all regular Board meetings and which one is designated as a meeting at which association members may speak shall be posted on the Kings Grant website. 

ARTICLE IV

Memberships

Section 1. Qualifications: Only persons, firms or corporations owning real property by deed in the King’s Grant Subdivision shall be eligible to become a member. Where two or more persons are the joint owners of real property in King’s Grant Subdivision, they shall be considered as a single member with one vote. Any corporation owning real property in King’s Grant Subdivision, shall be considered a single member with one vote for each property. Only members in good standing shall be entitled to vote. Whenever a member shall cease to own real property in King’s Grant Subdivision, or shall cease to own stock in a corporation that owns real property in such Subdivision, such member shall automatically be dropped from the membership roll of the Association.

Section 2. Members: A member shall have no vested right, interest or privilege of, in, or to the assets, functions, affairs or franchises of the corporation, or any right, interest or privilege which may be transferable or inheritable, or which shall continue after the membership ceases, or while he/she/it is not in good standing.

Section 3. Manner of Admission: Every person or entity who acquires title to any real property in King’s Grant Subdivision shall become a member of the Association, subject to and bound by its Charter, Bylaws, rules and regulations.

Section 4. Memberships Not Transferable: No membership may be sold, assigned or transferred, voluntarily or by will or by operation of law, except upon delivery of the member’s deed to a subsequent owner of the lot whereby the owner became entitled to membership.

Section 5. Termination of Membership: Whenever any member shall cease to have all of the qualifications necessary for admission to membership in the Association, then such membership shall terminate.

Section 6. Member in Good Standing: A member is in good standing when all maintenance/regime charges, late charges and liens are paid in full and not declared delinquent

ARTICLE V

Loss of Property

Section 1. Property Loss: The Board of Governors Directors shall not be liable or responsible for the destruction or the loss or damage to the property of any member or the guest of any member, or visitor, or other persons.

ARTICLE VI

Regime Fees

Section 1. Regime Fee Assessment: The Board of Governors Directors of King’s Grant Homeowners’ Association, Inc. shall have the right and power to subject the property situated in King’s Grant Subdivision, including undedicated streets, ways and parks to an annual regime fee.  Each owner of a lot in King’s Grant Subdivision shall pay to the King’s Grant Homeowners’ Association, Inc. each year the sum as determined by the Board of Governors Directors based on the computation allowed within the Declaration of Restrictions, Section II. Such payment is due on the first of January each year and shall be delinquent sixty (60) days after such date; it shall be the right and responsibility of the Board of Governors Directors of the King’s Grant Homeowners’ Association, Inc. to prosecute any action against any lot owner for any delinquent payments.  A late charge of $5 per month shall be charged for each month late or any portion thereof.

Section 2. Regime Fee Usage: The Regime Fees may be used for:

Improving and maintaining the dedicated right-of-way areas maintained for the general use of the owners and occupants of the land included in the Subdivision;

Operating and maintaining any storm-water drains now or hereafter constructed in the Subdivision that are not or will not be under the direct supervision of the State or County;

Beautifying, maintaining and operating such green areas, playgrounds, parks and recreational areas as the Board of Governors Directors deems appropriate for the mutual benefit of all owners;

Maintaining roads not under the supervision of the State or County, providing traffic control and providing such other common community services as the members shall decide are necessary or useful for the benefit of the resident of King’s Grant;

Legal expenses as may be necessary from time to time to enforce restrictive covenants including violations and non-payment of regime fees;

Employing policemen and watchmen

Doing any other thing necessary or desirable, in the opinion of the Board of Governors Directors of the Association, to keep the property neat and in good order, and to eliminate fire hazards, or which in the opinion of the Board of Governors Directors may be of benefit to the owners or the occupants of the land included in the Subdivision.

The Board of Governors Directors may not use funds for public right-of-ways or easements or any property other than that owned by the Association.

Section 3. Property Liens: To the extent permissible by law, King’s Grant Homeowners’ Association, Inc. shall have a lien on all the lots in King’s Grant Subdivision to secure the payment of regime fees due and to become due, and the record owners of such lots shall be personally liable for all maintenance charges.

Section 4. Subordination of Liens: King’s Grant Homeowners’ Association, Inc. may at its discretion, subordinate in writing, for limited periods of time, the liens of the Association against any lot or lots for the benefit or better security of a mortgagee.

Section 5. Service Contract Advertising: All contracts for services for the King’s Grant community shall be advertised in all local newspapers and shall be competitively bid by not less than three (3) bids. A minimum of three (3) local references shall be required and must be verified as to the quality of work previously performed.

Section 6.  Service Contracts: All service contract proposals shall include all aspects of work to be performed and all materials that will be included. All work performed outside of the agreed upon contract will require receipts for all materials and verification of labor charges.

Section 7. Contracting Research: Every effort is to be made to research the cost of goods and services used or proposed to be used by the King’s Grant community. This shall include, but not be limited to, costs for legal work, insurance, maintenance, grounds maintenance, accounting services, utilities and office supplies.

Section 8. Budget: All budgets for the King’s Grant community are to be updated monthly and shall also be posted on the community website monthly for the consideration of the community. Any and all financial records shall be made available for review by any member of the association upon request.

Section 9. Miscellaneous Cash: Any proceeds received by the association from fundraisers or donations, cash or otherwise, must be accounted for in the monthly budget update. A written receipt must be issued by the treasurer to the person(s) or entities making the donation.

ARTICLE VII

Section 1. Notice: Whenever, according to these Bylaws, a notice shall be required to be given to any member or Governor Director, it shall not be construed to mean personal notice, but such notice may be given in writing by depositing the same in a post office in Dorchester County, South Carolina, in a postpaid sealed wrapper, addressed to such member or Governor at this address as the same appears on the books of the Corporation, and the time when such notice is mailed shall be deemed the time of giving such notice.

Section 2. Waiver of Notice: Any notice required to be given by these Bylaws may be waived by the person entitled thereto.

Section 3. Publication of Letters: All letters pertaining to community matters that are submitted for publication in the association newsletter must be voted on and approved by the Board. The letter shall not be edited or condensed unless such letter contains inappropriate language and/or permission is granted by the author.

ARTICLE VIII

Penalty

Section 1. Failure to Pay Regime Fees: Whenever a member shall become delinquent by virtue of failure to pay the annual regime fee as prescribed herein, such member shall be required to reimburse the Association for all costs; administrative, legal and otherwise incurred incident to the subsequent collection of the delinquent fee.

ARTICLE IX

Fiscal Year

Section 1. Fiscal Year: The fiscal year of the corporation shall begin on the 1st day of January and terminate on the 31st day of December of each year.

ARTICLE X

Section 1. By-Law Changes: These By-laws shall not be subject to change without a seventy-five percent (75%) majority vote of the Board or a fifty-one percent (51%) majority vote of the members of the association, with the exception of a cost of living adjustment as provided by Section 2 Item 3 as provided for in the Declaration of the Restrictions, and are to be held in trust by the association attorney.       

Adopted by the Board of Governors Directors January 2010. 2012

SEE OLD BY-LAWS - CLICK HERE!