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 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 and October 2009.
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
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, 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 and members in good standing of the
corporation. The election of officers shall take place in December following
the November election. 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, 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 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 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 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 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
Section 1. Number of Members: The business and affairs of this corporation
shall be managed by a Board of Governors, 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.
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 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 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 shall act only as a Board and the
individual Governors shall have no power as such. A majority of the Governors
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 present at any meeting at which there is a quorum shall be the
act of the Board of Governors, except as may be otherwise provided by law.
Section 6. Order of Business: The Board of Governors may determine the order
of business at its meetings.
Section 7. Chairman: At all meetings of the Board of Governors, the
President, or, in his/her absence, the Vice-President, or, in the absence of
both, a chairman chosen by the Governors present, shall preside.
Section 8. Terms of Members of the Board: Members of the Board of Governors
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, 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
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 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. Additionally, no Board member may hold any position on
the Executive Board without first being elected by the association for a two
year term prior to the election of officers for that year.
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. 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. 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. No individual may serve on the Board unless they are a property
owner and physically reside in King’s Grant.
Section 18. 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. 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 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 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 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. 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. 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. 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 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
The Board of Governors 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. The Board of Governors 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 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 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. 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 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 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
may be of benefit to the owners or the occupants of the land included in the
Subdivision.
The Board of Governors may not use funds for public right-of-ways or
easements or any property other than that owned by the Association.
Section 3. 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. 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. 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. 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. 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. 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. 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, 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. 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
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
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
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 October 2009.