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Heritage Shores South
Homeowners’ Association, Inc.
Hertford, North Carolina
Homeowners’ Association Procedures
June 2010
Revision 2.1
Prepared by:
Board of Directors,
Heritage Shores South Homeowners’ Association, Inc.
This printed version of this document may not be current. Please verify date with the Secretary,
Heritage Shores South Homeowners’ Association, Inc.
This page intentionally left blank.
Title: Heritage Shores South Homeowners’ Association, Inc. Procedures
Number: N/A
Issued: June 2010
Recertified:
Supersedes: Revision 2.0
Contact: Secretary
Heritage Shores South Homeowners’ Association, Inc.
Approved: Board of Directors
Heritage Shores South Homeowners’ Association, Inc.
Notice: This printed version of this document may not be current. Please verify date with the
Secretary, Heritage Shores South Homeowners’ Association, Inc.
REVISION HISTORY
CONTROLLED COPIES ISSUED BY: Heritage Shores South Homeowners’ Association,
Inc.
Revision
Revision Description
Approval
Date
Affected
Pages
1.0 Original Issue All 1.1 Add Voting by Mail November 10, 2002 6, 7, and App B
1.2 Add and clarify construction
methods
September 20, 2004 Section 7.7.1
and add new
Section 7.7.2
1.3 Change assessment process September 18, 2005 New Section
7.5, changes to
Section 7.7
1.3 Clarify initiating audits September 18, 2005 7.10
1.3 Remove redundant letters App A
2.0 Throughout, corrections to
spelling and Association
nomenclature
June 2007 Whole
document
2.0 Add “manmade” to the
structure definition
June 2007 Section 1.4
2.0 Add definition of “member in
good standing”
June 2007 Section 1.4
2.0 Edit Annual Meeting location June 2007 Section 7.2
requirement
2.0 Clarify declaration of
candidacy
June 2007 Section 7.2.1
2.0 Introduce detailing Annual
Meeting voting processes
June 2007 Section 7.2.4
2.0 Clarify verbiage June 2007 Section 7.2.5
2.0 Clarify verbiage June 2007 Section 7.3.1
2.0 Clarify verbiage June 2007 Section 7.4
2.0 Delete introductory
paragraphs i
June 2007 Section 7.6
2.0 Require USPS notice of
assessments
June 2007 Section 7.6.1
2.0 Introduce detailing
assessment payment
responsibility
June 2007 Section 7.6.3
2.0 Introduce detailing
assessment payment split
payment option
June 2007 Section 7.6.4
2.0 Rewrite on payment
delinquency
June 2007 Section 7.6.6
2.0 Clarify wording in
architectural oversight
June 2007 Section 7.7
2.0 Add construction culvert
treatment
June 2007 Section 7.7.1
2.0 Add amplifying paragraph to
construction methods
June 2007 Section 7.7.2
2.0 Rewrite to assign all Frontage
and Common Area mainten-
ance to the Association
June 2007 Section 7.8
2.0 Modify to require audits upon
change of treasurer and as
ordered
June 2007 Section 7.9
2.0 Modify to include reference to
the Association website.
June 2007 Section 7.11
2.1 Grammatical corrections June 2010 Throughout
2.1 Added definition of
outbuilding
June 2010 Section 1.4
2.1 Add Board approval June 2010 Section 4
2.1
2.1
Add Proxy via email
Add to gathering ballots
June 2010
June 2010
Section 7.2
Section 7.2.4 k
2.1 Add to counter criteria June 2010 Section 7.2.4 l
2.1 Clarify handling annual
meeting minutes
June 2010 Section 7.2.5
2.1 Add Member to mail-in
voting
June 2010 Section 7.3.1 j
2.1
2.1
Deleted split payment
Introduce new Section
clarifying buildings and
June 2010
June 2010
Section 7.6.4
Section 7.7.3
structures not the dwelling
2.1 Delivery of CPA compilation June 2010 Section 7.9
2.1 Add Association email and
internet information
June 2010 Section 11
2.1 Added Attendance or Proxy
Form
June 2010 Appendix C
Heritage Shores South Homeowners’ Association, Inc.
Table of Contents
1 INTRODUCTION .................................................................................................................................... 1
1.1 POLICY ................................................................................................................................................ 1
1.2 DESCRIPTION ....................................................................................................................................... 1
1.3 APPLICABILITY .................................................................................................................................... 1
1.4 DEFINITIONS ........................................................................................................................................ 1
2 RESOURCES ........................................................................................................................................... 2
2.1 RESPONSIBILITIES ................................................................................................................................ 2
3 CONSTRAINTS ....................................................................................................................................... 2
4 INITIATION CRITERIA........................................................................................................................ 2
5 INPUTS ..................................................................................................................................................... 2
6 RESULTS .................................................................................................................................................. 3
7 PROCEDURE........................................................................................................................................... 3
7.1 BOARD MEETING SCHEDULES .............................................................................................................. 3
7.2 ANNUAL MEETING – QUORUM REQUIRED VIA ATTENDANCE OR PROXY ................................................ 3
7.2.1 Candidates for Board Member and Officer .................................................................................. 3
7.2.2 Voting at the Annual Meeting ....................................................................................................... 4
7.2.3 Board Member Elections ............................................................................................................. 4
7.2.4 Voting Process for Written Ballots ................................................................................................ 4
7.2.5 Board Meetings at the Annual Meeting ........................................................................................ 6
7.3 VOTING TO CHANGE ASSOCIATION BYLAWS, DECLARATIONS, AND COVENANTS ................................... 6
7.3.1 Voting by Mail (United States Postal Service) .............................................................................. 6
7.4 BUDGET SCHEDULES ............................................................................................................................ 8
7.5 FINANCIAL AUTHORIZATIONS ............................................................................................................... 8
7.6 ASSESSMENTS ...................................................................................................................................... 8
7.6.1 Assessment Letters and Notifications ........................................................................................... 8
7.6.2 Assessment Timetable and Actions ............................................................................................... 8
7.6.3 Responsibility for Payment of Assessments .................................................................................. 9
7.6.4 Receipt For Payment ................................................................................................................... 9
7.6.5 Payment Delinquency .................................................................................................................. 9
7.7 BUILDING PLANS AND ARCHITECTURAL OVERSIGHT........................................................................... 10
7.7.1 Before Building.......................................................................................................................... 10
7.7.2 Construction Methods ................................................................................................................. 11
7.7.3 Buildings and Structures ............................................................................................................ 12
7.7.4 As-Built Plans ............................................................................................................................ 12
7.8 MAINTENANCE OF LOT FRONTAGE AND COMMON AREAS .................................................................. 12
7.9 CPA REVIEW AND TAX PREPARATION ................................................................................................. 13
8 VERIFICATION/APPROVAL .............................................................................................................. 13
9 RECORDS .............................................................................................................................................. 13
10 MEASUREMENTS AND SURVEYS .................................................................................................. 14
11 NEWSLETTER AND WEBSITE......................................................................................................... 14
12 COMPLETION CRITERIA ............................................................................................................... 14
13 REFERENCES ..................................................................................................................................... 15
Heritage Shores South Homeowners’ Association, Inc.
APPENDIX A — SAMPLE ASSESSMENT LETTERS ......................................................................... 16
APPENDIX B — ASSOCIATION DOCUMENTS CHANGE BALLOT (SAMPLE) ........................... 17
APPENDIX C – ATTENDANCE OR PROXY FORM ………………………………………………….. 18
Heritage Shores South Homeowners’ Association, Inc.
1 INTRODUCTION
The Heritage Shores South Homeowners’ Association, Inc. Procedures (herein the
Procedures) are intended to preserve and improve the property value(s) and quality of life
in Heritage Shores South, and to meet the obligations of Heritage Shores South
Homeowners’ Association, Inc. Bylaws and Declaration of Covenants, Conditions and
Restrictions (herein Covenants). This document describes the information and
methodology used by The Heritage Shores South Homeowners’ Association, Inc. (herein
HSSHOA) Board of Directors (herein the Board) to meet those intentions.
1.1 Policy
It is the policy of the Board that the Procedures, as outlined below, be employed uniformly.
1.2 Description
These Procedures provide for a predictable and timely determination of action(s) and
responsibilities for the Board and for Heritage Shores South Homeowners’ Assoc. Inc.
members.
1.3 Applicability
These Procedures apply to the membership and operation of Heritage Shores South
Homeowners’ Association, Inc.
1.4 Definitions
Structure: Any construction, or any production or piece of work artificially built up or
composed of parts joined together in some definite manner. That which is built or
constructed; an edifice or building of any kind. A “structure” is almost, literally, anything
manmade that is placed on land including a pier, an antenna, any kind of outbuilding, and,
of course, a residence.
Temporary: That which is to last for a limited time only, as distinguished from that
which is perpetual, or indefinite, in its duration. Opposite of permanent. A structure is
“temporary” when it is put on the land with the intention that it be there for only a certain
amount of time, such as something that is put up while some kind of permanent structure is
being built or moved on the land.
Member in good standing: A member is in good standing if his/her account with
Heritage Shores South Homeowners’ Assoc. Inc. is current, no Heritage Shores South
Homeowners’ Assoc. Inc. liens are in effect on the member’s lot(s), and the member and
his/her lot are in conformance with current Heritage Shores South Homeowners’ Assoc.
Inc. requirements.
Outbuilding: A structure with a roof and walls (as a stable, workshop or garage)
constructed for permanent use, which is accessory to a main dwelling. Excluded are
structures such as gazebos, greenhouses, and open shelters.
Heritage Shores South Homeowners’ Association, Inc.
2 RESOURCES
2.1 Responsibilities
The Heritage Shores South Homeowners’ Association, Inc. Board and individual members
have responsibilities described by these Procedures.
3 CONSTRAINTS
The constraints and guidelines to actions taken by the Board and members of the Heritage
Shores South Homeowners’ Association, Inc. and of the Procedures include:
Federal, State, and Local laws, statutes, and regulations
The US Federal Government, the State of North Carolina, and Heritage Shores Plantation South documentation recorded with Perquimans County
The tax-exempt establishment of Heritage Shores South Homeowners’ Association, Inc.
Heritage Shores South Homeowners’ Association, Inc. Bylaws and Declarations and Covenants
4 INITIATION CRITERIA
The policies, procedures, processes, and practices described in this document are initiated
and in force upon approval by the Board. Presence in this document will necessarily occur
at some time after approval by the Board; consequently, presence in this document is not a
criterion for the Board undertaking enforcement actions relating to Board-approved
decisions.
5 INPUTS
The inputs to the Heritage Shores South Homeowners’ Association, Inc. Procedures
include:
Association Bylaws and Covenants
Perquimans County Records
Federal, State, and local regulatory and statutory information
Information from Carolina Coast and Lakes, Inc.
Member information
Determinations and decisions properly established in Board meetings, and Association annual meetings
6 RESULTS
The results derived from following the Heritage Shores South Homeowners’ Association,
Inc. Procedures include:
Heritage Shores South Homeowners’ Association, Inc.
Property values maintained or improved with respect to comparable properties, both
improved and unimproved.
Improvements and structures that conform to the requirements of the Association Bylaws and Declarations and Covenants.
Reasonably safe, inviting, and usable public areas within the community.
An Association Board that is responsive to the needs of the community.
Value to members for modest Association fees.
7 PROCEDURES
The following sections describe the procedures and processes adopted by the Board:
7.1 Board Meeting Schedules
The Board normally will meet four times per year. There will normally be a January board
meeting to establish the new fiscal year budget, followed by board meetings at the Annual
Association meeting in March, a meeting in June and one in September. These meeting
dates are approximate and may be changed at the discretion of the Board.
7.2 Annual Meeting – Quorum Required Via Attendance or Proxy
The Bylaws require the annual meeting to be held in Perquimans County. The Annual
Meeting has been assigned a fixed date, i.e., the first Saturday in March of each year. If
this date cannot be met because of conditions beyond the control of the Board, the Board
will hold the Annual Meeting on the earliest Saturday that is not conflicted following the
first Saturday in March. Notice of the Annual Meeting will be provided as indicated in the
Bylaws.
A quorum of at least 50% of the lot owners held in good standing with the association must
be represented at the meeting either through attendance or proxy representation. A sample
Attendance or Proxy Form is included as Appendix C. The proxy form may be returned to
the Secretary by mail, fax, or email. In order to return via email, the lot owner must have
his/her email address recorded with the Secretary.
7.2.1 Candidates for Board Member and Officer
Members are encouraged to participate in the management of Heritage Shores South
Homeowners’ Assoc. Inc. (These positions are strictly on a volunteer, non-paid basis.)
A member in good standing who wishes to run for a position on the Board, or who wishes to volunteer his/her services as an officer, may identify himself/herself to
the Board, and provide the Board with a brief written description of his/her skills
and desires. This information will be provided to members when they register at
the door of the Annual Meeting.
Heritage Shores South Homeowners’ Association, Inc.
At the Annual Meeting while registering at the door, members may identify
themselves as candidates for membership on the Board, or for becoming an officer
of the Board.
Members may be nominated from the floor at the Annual Meeting for candidacy for the Board, or as an officer of the Board.
7.2.2 Voting at the Annual Meeting
Members in good standing can cast the votes for their lot (two per lot). Voting may be
done by written ballot. Blank ballots will be issued two per lot before each written vote.
Written voting is done by secret ballot. Votes may be taken by non-written means if the
importance of the issue and consequence of the outcome permit.
7.2.3 Board Member Elections
The Board of Directors consists of five members. Board members are elected to two-year
terms. Two Board members are elected on even-numbered years. The remaining three
Board members are elected on odd-numbered years. This sequence provides a degree of
continuity from one Board to the next.
At the Annual Meeting, the election of Board members will be preceded by an invitation
for nomination of candidates for Board membership from the floor.
After nominations are complete, each candidate for the Board will be introduced and will
be invited to speak briefly to the members present.
Following the last candidate speaker, members in good standing will be invited to
complete their ballots and those proxy ballots they may hold (refer to the “Voting Process”
below.) Only candidates with existing nominations will be eligible (no write-ins). Ballots
will then be collected and counted.
7.2.4 Voting Process for Written Ballots
The Heritage Shores South Homeowners’ Assoc. Inc. voting process at attended meetings
uses a written ballot. The bottom portion has several numbered blank lines for recording
member choices for candidates and issues, as appropriate. The ballot has a detachable top
portion printed with a lot number. If the member wishes to vote anonymously, the lot
number portion can be removed and discarded by tearing at the perforation.
The voting and ballot counting process is as follows:
a. The meeting chair will explain this process to members attending the Annual
Meeting.
Heritage Shores South Homeowners’ Association, Inc.
b. At registration, each member will have been given the ballots for his/her lot(s) and
for those lots for which they have been assigned proxies.
c. The meeting chair will ask the Secretary to confirm that a quorum is present in
person and/or by proxy.
d. If the voting includes electing individuals, those individuals who have earlier
declared candidacy will have been identified in an Association newsletter.
e. If the voting includes electing individuals, the meeting chair will provide a list of
all declared candidates, and invite any additional nominations from the floor.
f. The meeting chair will identify by name the total number of candidates. Each in
turn will be invited to make a brief summary of his/her candidacy.
g. If there are no issues to be voted, and the number of candidates equals the number
of openings to be filled, the meeting chair may entertain a motion to elect those
candidates by acclamation.
h. If not elected by acclamation, the meeting chair will ask if all members are in
possession of their lot’s ballots, and those ballots for proxies the members might
hold.
i. The meeting chair will provide the members with a list of choices that are keyed to
the candidate-lines and issue-lines on the ballots.
j. The meeting chair will then ask that members complete their ballots.
k. The meeting chair will ask that all completed ballots be placed in a covered
receptacle located at the head table or brought by a volunteer member.
l. The meeting chair will ask for two volunteer ballot-counters from members that are
present and in good standing, are not Board members, are not running for office,
and are not related to anyone running for office.
m. The volunteers will count ballots two separate times under the oversight of at least
one Board Member not running for office. If the counts are not the same, they must
be reconciled.
n. The meeting chair will announce the results of the balloting. The results will be
published to the membership via the minutes and Association newsletter.
o. The ballots and tally-sheets will be placed in an envelope and stored with the
Association records by the Association Secretary.
Heritage Shores South Homeowners’ Association, Inc.
7.2.5 Board Meetings at the Annual Meeting
Immediately before the Annual Meeting, the outgoing Board will hold a brief meeting to
confirm preparations for the Annual Meeting, to confirm the Annual Meeting Agenda, and
to establish a hand-over status for the incoming Board.
Immediately following the Annual Meeting and the election of the new members to the
incoming Board, a second Board meeting will be convened by the chair of the outgoing
Board. The purpose of this meeting is to permit the incoming Board to determine its roles,
elect its officers, understand open issues and actions for which the incoming Board will
become responsible, and to receive the Association’s official records from the outgoing
Board.
The outgoing Secretary will record and prepare any minutes of both Board meetings, and
prepare those of the Annual meeting. The outgoing Board is responsible for approval and
distribution of these minutes.
7.3 Voting to Change Association Bylaws, Declarations, and Covenants
The Association employs a voting by mail methodology for use when amending Bylaws
and other Association-defining documents. This method was developed in order to
overcome the difficulty in gaining the seventy five percent (75%) or greater participation
by members in good standing required to change Association-defining documents. A
sample ballot, including instructions, is included as Appendix B.
7.3.1 Voting by Mail (United States Postal Service)
The process for voting by mail is as follows:
a. Ballots are provided two per lot.
b. Ballots are sent to members in good standing at their Association address of record.
c. For each element listed on the ballot, one box (and only one) must be initialed.
d. Members must not alter the wording on the ballot. If a ballot is returned with the
wording changed, that decision-voting-element will be voided. Other, unaltered
elements will not be voided on that ballot.
e. Each change is found in its own, delineated section of the ballot page(s); the section
has three boxes identified as “In Favor” “Against” “I Abstain.”
f. Members vote their decisions by initialing one of the three boxes for each
delineated section, i.e., each proposed change. More than one box initialed for any
one change will void the member’s vote for that change (only) on that ballot.
Heritage Shores South Homeowners’ Association, Inc.
g. Members will sign their full name and lot number at the bottom of the ballot, and
mail their completed ballot to the Association:
Attention Ballots
Heritage Shores South Homeowners’ Association, Inc.
PO Box 292
Hertford, NC 27944
h. To be counted, ballots must be returned by a specified date, generally 45 days from
the date of issue.
i. Ballots will be gathered, unopened, by the Association President until that date has
been reached.
j. No fewer than two Board members or officers and one Association member that is
in good standing will be present when the ballot letters are opened and counted.
k. The number of ballots received will be counted to determine if a quorum exists,
i.e., at least seventy-five percent (75%) of the lot owners have responded. If
seventy-five percent (75%) is not met, the ballots will be placed in an envelope and
stored with the Association records, and the proposals declared, “not approved”.
l. The seventy-five percent (75%) quorum having been met, properly entered initials
from the decision elements on each ballot will be tallied toward a total count for
each choice.
m. Each decision that has received at least (75%) of the lot owners’ votes cast “In
Favor” will be declared “passed” and the Board will act to implement that decision,
and to notify government and specified others of the change as appropriate. The
ballots will be placed in an envelope, and stored with the association records.
n. The results will be published to the membership via e-mail, if available, USPS if
not.
7.4 Budget Schedules
The Heritage Shores South Homeowners’ Assoc. Inc. budget year, the fiscal year, and the
calendar year are the same. The January Board meeting will establish the draft budget for
that year. This timing considers the previous year’s actual expenditures, and the
preparations for the annual meeting. The draft budget will be presented to the membership
for amendment and approval at the March Annual Meeting.
7.5 Financial Authorizations
Disbursements from Heritage Shores South Homeowners’ Assoc. Inc. accounts are subject
to two-signature endorsement. The two signatures required are those of the Association
Heritage Shores South Homeowners’ Association, Inc.
President, and the Association Treasurer. All expenses paid by the Association must be
accompanied by corresponding invoices and receipts. If expenses are incurred or
anticipated beyond those provided by the budget, the President or Treasurer may ask for a
determination of acceptability from the Board.
The Association does not maintain a petty cash facility or instrument.
7.6 Assessments
7.6.1 Assessment Letters and Notifications
Notices of assessments will be mailed by USPS to the address-of-record of member/lot
owners. Additionally, letters of assessments will be e-mailed to all members who have
provided an e-mail address to the Board.
Examples of assessment correspondence and notice are included as an Appendix.
7.6.2 Assessment Timetable and Actions
The following is the established timetable for issuing the annual and special assessment
notifications, and any subsequent collection needs:
Annual assessment notices will be issued as of the date of the Heritage Shores South
Homeowners’ Assoc. Inc. annual meeting (initial notice).
Special assessment notices will be issued on dates as determined by the Board (initial notice).
Payment is due within 30 days of initial notice.
A delinquent notice will be issued if payment is not received within 30 days of the initial notice.
A lien will be established against the subject lot if payment is not received within 60
days of initial notice.
Payment should be sent to: Heritage Shores South Homeowners’ Assoc. Inc.
PO Box 292
Hertford, NC 27944
7.6.3 Responsibility for Payment of Assessments
The Heritage Shores South Homeowners’ Association, Inc. Board of Directors determines
and bills assessments by lot number. In the event a lien or other like action becomes
necessary, the lot will be the subject of the lien.
The owner of record in the Association files is provided assessment information at the last
address recorded in the Association files for that owner of record. Note that per ¶ 2.3. of
the Bylaws: “…It shall be the duty of each lot owner to register his name, the number of
his lot and his mailing address with the Secretary of the Association.” If an assessment,
late payment penalty(s), or other encumbrance has accrued to the lot, the current owner
Heritage Shores South Homeowners’ Association, Inc.
will be held accountable. As an example, if an encumbered lot in Heritage Shores
Plantation South is sold, encumbrances payable to and other normal maintenance at the
time of sale will convey to the new owner. (The actions in preparation for a properly
administered real estate closing will include title search and should include contact with
The Heritage Shores South Homeowners’ Association, Inc. and the Perquimans County
records office to identify any encumbrances established by the Heritage Shores South
Homeowners’ Assoc. Inc.)
7.6.4 Receipt For Payment
The member’s cancelled check is considered a receipt for payment. If a member wishes a
separate receipt, the member can so indicate when payment is remitted.
7.6.5 Payment Delinquency
Late payment interest penalties will be calculated as of 30 days from the date of initial
notice (the late payment date). Interest is calculated at the rate of 2% per month on the
unpaid balance calculated from the late payment date and accumulates until the unpaid
balance, including interest and all collection costs, is paid. Payments against an unpaid
balance will be applied against that balance at the time of receipt.
If payment is not received within 60 days of the initial notice, the Board will undertake
establishing a lien against the lot. This action is consistent with The Heritage Shores South
Homeowners’ Association, Inc., Declaration Of Covenants, Conditions and Restrictions,
¶10. The costs to the Association for actions taken to receive payment will accrue to the
account of the member.
If a member has chosen Annual Assessment Split Payment Option Two (Error! Reference
source not found. above) and fails to make the initial payment within thirty days of the
initial notice, the entire annual assessment immediately becomes due. Late payment
interest penalties will be calculated on the entire annual assessment as of 30 days from the
date of initial notice (the late payment date).
If an owner makes the first payment on time, but defaults on the second payment, then
interest and penalty fees on the second payment will be calculated from 30 days after the
invoice due date for the first payment. If any portion of the assessment continues in
arrears, a lien will be established as described above.
7.7 Building Plans and Architectural Oversight
Heritage Shores South Homeowners’ Association, Inc. is required to support the strictures
of the Association Bylaws and Covenants. These specify that single-family residential
dwellings conform to size minimums, that structures are located in accordance with
setbacks and easements, and that the first lot improvement or structure is the single-family
residential dwelling.
Heritage Shores South Homeowners’ Association, Inc.
Heritage Shores South Homeowners’ Association, Inc. does not have an architectural
review board and does not provide written guidelines beyond those found in the Bylaws
and Covenants.
7.7.1 Before Building
At least 30 days before breaking ground or beginning construction on any and all
structures, and before improving a lot in Heritage Shores South, members are required to
provide the Board, via any Board Member or officer, credible documentation describing
the improvement. The documentation must clearly show:
a) The nature of the structure or improvement,
b) Its position on the lot,
c) The lot setbacks and easements recorded with Perquimans County and if
applicable, CAMA, for the lot,
d) The method of construction,
e) In the case of the principal dwelling, that the enclosed living space is at least 1,600
square feet, not including cellars, decks, enclosed porches, and garages.
The Board will inform the member that the documentation describes acceptable
improvement(s) or why the documentation describes unacceptable improvement(s). An
oral response will be provided to the member within 10 days of submission, with a written
response following by letter. A Board Member cannot individually approve his/her own lot
improvements.
Heritage Shores South Homeowners’ Assoc. Inc. requires that during construction the
driveway/culvert and any other access to the property is maintained with a layer of #57
gravel sufficient in depth and area to prevent dirt and other material being tracked by
vehicles and equipment from the site onto Association pavement.
7.7.2 Construction Methods
Section 19 of the Declaration specifies, “No mobile homes, trailers or manufactured homes
(whether single or double wide) may be installed on or maintained on the property.”
This Section 19 of the Declaration will be administered as follows for residences and other
structures built as subassemblies on a factory floor and subsequently delivered to and/or
assembled on the permanent foundation and home site (versus stick-built at the final site
and on the permanent foundation):
Such structures are subject to review by the Board for acceptability prior to assembly on the site. The details of such structures must be provided when the lot
owner seeks approval for the site layout and heated area as provided in the
Association Procedures.
Heritage Shores South Homeowners’ Association, Inc.
When finally placed on the dwelling site, such subassemblies must be placed
directly upon a permanent concrete or masonry foundation, or in the case of other-
than-ground floors, upon a conforming subassembly. If the design or reality of any
subassembly requires a metal foundation to be involved in the final structure, the
structure is not approved for placement in Heritage Shores South.
Such structures must meet all Federal, State, and Local building codes applicable to stick-built structures.
Such structures must meet all requirements found in the Heritage Shores Plantation South Declaration of Covenants, Conditions And Restrictions.
Construction methods continue to change, and the nomenclature associated with
construction methods and results also continues to change. Recognizing this and other
realities, Heritage Shores South Homeowners’ Assoc. Inc., retains the sole discretion,
authority, and responsibility for accepting or rejecting construction methods employed in
the construction or installation of structures in Heritage Shores Plantation South.
7.7.3 Buildings and Structures
The Heritage Shores South Declaration of Covenants. Conditions and Restrictions provides
for outbuildings. Notwithstanding the following determination, members are cautioned
that approval by the Board is required prior to constructing improvements to lots.
At the 2010 annual meeting, the Heritage Shores South Homeowners’ Assoc. Inc.
determined the following to be applicable to outbuildings:
1. Dwellings, structures and buildings – Buildings are characterized by having a roof
and walls that are impervious to the effects of weather. Referring to Heritage
Shores South Homeowners’ Assoc, Inc. Declarations, Conditions and Restrictions
¶ 21, the “…single family residential dwelling…” establishes the “…construction
style and material…” to which outbuildings must conform. Gazebos, pergolas, and
greenhouses are not buildings; the referenced construction style and material
previously referenced do not apply to these structures.
2. Materials used for constructing outbuildings – Members who utilize materials that
are identical to, or have the same appearance (e.g., color, texture, etc.) as those in
the residential dwelling, and have the same or greater durability as those utilized in
the residential dwelling will be deemed in compliance with Heritage Shores South
Homeowners’ Assoc, Inc. Declarations, Conditions and Restrictions ¶ 21. “…shall
be of the same … material as the dwelling.”
Heritage Shores South Homeowners’ Association, Inc.
7.4 As-Built Plans
After a structure has been completed on a lot in Heritage Shores South members are
required to provide the board within 30 days of issuance of a Certificate of Occupancy,
credible documentation that accurately shows the structure as it has been built, its position
on the lot, and the lot setbacks and easements recorded with Perquimans County for the lot
with the completed structure. In the case of the single family residential dwelling, the
enclosed living space must be documented as it has been built to be at least 1,600 square
feet, not including cellars, decks, enclosed porches, and garages.
7.5 Maintenance of Lot Frontage and Common Areas
The Heritage Shores South Homeowners’ Assoc. Inc. has determined that it will include
the mowing of all lots’ frontage ditches, shoulders, nominal setbacks, and other normal
maintenance associated with frontage ditches and shoulders. Note that if and when
NCDOT assumes maintenance of the roads, lot frontage may continue to require some
owner-initiated or Association-provided maintenance.
Heritage Shores South Homeowners’ Assoc. Inc. maintains the Association common area
that leads to the docks and is located at the south end of Kennedy Court. Maintenance of
this area currently consists of picking up of litter; mowing is included in the Association
ditches and shoulders contract. The Association maintains the kayak/canoe access
platform extending from the common area. The Boataminium Association is responsible
for maintaining the dock and slips.
The Board will review and update the lot frontage and common area maintenance cycle as
determined during its January Board meeting, and in consideration of advice from
members.
7.6 CPA Review and Tax Preparation
The Board has established an annual independent compilation of the Heritage Shores
South Homeowners’ Assoc. Inc. financial records. A CPA performs this compilation. The
same CPA prepares the annual tax returns for Heritage Shores South Homeowners’ Assoc.
Inc. Both the compilation and the tax preparations are planned to be complete before the
annual meeting. In practice, this has not proven possible. The financial records from the
previous year are provided to the CPA following the January Board meeting. The result of
the compilation is provided to the Board around June, and is made available to all
members upon request.
When a new Treasurer assumes responsibility, the Board may retain the CPA to perform a
formal audit of the Association financial records and financial condition. That an audit is
very expensive should be considered. The Board may also choose to have additional
audits or compilations done as circumstances dictate.
Heritage Shores South Homeowners’ Association, Inc.
8 VERIFICATION/APPROVAL
The Heritage Shores South Homeowners’ Association, Inc. Board is the verification and
approval authority for these Procedures.
These Procedures will be reviewed at least once annually to assure they remain applicable
and reflect the needs of the community and members. The Board also will review and
update these Procedures as needed.
9 RECORDS
Records of the Heritage Shores South Homeowners’ Assoc., Inc. and the actions of the
Board are gathered and kept as needed by statute and regulation, and as needed for
continuous operation of the Association. The Board Secretary maintains all records,
agreements, correspondence, minutes, agendas, publications, and other documentation
relating to Heritage Shores South Homeowners’ Association, Inc., except that Association
financial records are maintained and kept by the Board Treasurer.
10 MEASUREMENTS AND SURVEYS
The Board may seek, from time to time, to measure activity in and relating to the
Association. The Board may also issue surveys or questionnaires to members seeking
opinions, intentions, desires, or other information thought by the Board to be helpful in
administering the Association.
11 NEWSLETTER AND WEBSITE
From time-to-time the Board will issue newsletters as a means of publishing information
about the Heritage Shores Plantation South community and actions by the Board, and to
publish information thought by the Board to be helpful to members. If members wish to
provide information to be included in the newsletter, they are encouraged to provide that
material to any member of the Board. The material provided will become part of the
Heritage Shores South Homeowners’ Association, Inc. official record.
Heritage Shores South Homeowners’ Association, Inc.
Heritage Shores South Homeowners’ Association has joined with Heritage Shores North
Homeowners’ Association to provide Association-related information on a joint website.
The URL is:
www.hsphome.org
Members are encouraged to visit this site on a regular basis. Information includes
newsletters, documentation, local activities, shopping and dining spots, local development,
and other Association-relevant material.
Heritage Shores South Homeowners’ Association also has provided an email address for
members’ use. Email sent to this address will be delivered to the Association President and
Secretary.
12 COMPLETION CRITERIA
These Procedures in their then-current form will be operational until Heritage Shores
South Homeowners’ Association, Inc. ceases to exist. At that time all assets and records of
the Association will be processed and retained or disposed as required by statute, law, and
regulation, and by the Association Bylaws and Covenants.
13 REFERENCES
Articles of Incorporation of Heritage Shores South Homeowners’ Association, Inc.
Heritage Shores South Homeowners’ Association, Inc. Bylaws
Heritage Shores Plantation Section 2 Declaration of Covenants, Conditions and Restrictions
Heritage Shores South Homeowners’ Association, Inc.
APPENDIX A — Sample Assessment Letters
1. Initial (first) notice (Current letter held by Secretary)
2. Second notice (Current letter held by Secretary)
Heritage Shores South Homeowners’ Association, Inc.
APPENDIX B — Association Documents Change Ballot (Sample)
Dear Member,
In accordance with the voting process used for amending Bylaws and other Association-defining documents,
the reverse side of this page is the mail-in version of the Association ballot. For this vote to be validated, not
fewer than (75%) of the lot owners’ votes must be received, and be in favor of an amendment. There are two
of these ballots provided per lot. Each must be completed to be counted for your lot. There are (__)
decisions to be made on this ballot.
Several pages containing detailed descriptions of the recommended changes have been sent in the same
envelope as this ballot. Please refer to these pages to completely understand the recommendations. If you
have questions, please contact any member of the Board (___).
Thank you for your support, and for your timely attention to this ballot.
These are your voting instructions:
1. These ballot pages have been sent to members in good standing at their Association address of
record.
2. Please initial one box for each of the five decisions, completing for each ballot page provided.
3. Members must not change the wording on the ballot. If a ballot is returned with the wording
changed, the decision affected will be voided for that change only on that ballot.
4. Each change is found in its own, delineated section of the ballot page(s); the section has three boxes
identified as “In Favor” “Against” “I Abstain.”
5. Members vote their decision by initialing one of the three boxes for each delineated section, i.e.,
each recommended change. More than one box initialed for any one change will void the Member’s
vote for that change only on that ballot.
6. Ballots are provided two per lot.
7. Member’s will sign their full name and lot number at the bottom of the ballot, and mail their
completed ballot to the Association PO Box in Hertford, addressed to:
Attention Ballots
PO Box 292
Hertford, NC 27944
8. To be counted, ballots must be returned within 45 days, i.e., by September 19, 2002.
9. Ballots will be gathered, unopened, by the Association President until September 20, 2002.
10. No fewer than two Board members or officers will be present when the ballot letters are opened.
11. The number of ballots received will be counted to determine if at least seventy-five percent (75%) of
the lot owners have responded. If seventy-five percent (75%) is not met, the ballots will be placed
in an envelope and stored with the Association records.
12. The seventy-five percent (75%) having been met, initials from the decision boxes on each ballot will
be tallied toward a total count for each decision.
13. The results will be published to the membership via e-mail, if available, USPS if not.
14. The ballots will be placed in an envelope, and stored with the Association records.
15. Each decision that has received at least (75%) of the lot owners’ votes cast “In Favor” will be
declared “passed” and the Board will act to implement that decision, including informing
government and specified others of the change.
Heritage Shores South Homeowners’ Association, Inc.
1. Recommended change #1
Please initial the appropriate box below.
Summary of Recommended Change #1
In Favor
__________
Initials
Against
__________
Initials
I Abstain
__________
Initials
2. Recommended change #2
Please initial the appropriate box below.
Summary of Recommended Change #2
In Favor
__________
Initials
Against
__________
Initials
I Abstain
__________
Initials
3. Etc.…
Please initial the appropriate box below.
Summary…Etc.
In Favor
__________
Initials
Against
__________
Initials
I Abstain
__________
Initials
Member Signature (full name) __________________________________ Lot # ______
Heritage Shores South Homeowners’ Association, Inc.
APPENDIX C - Attendance or Proxy Form
The Bylaws of our Association require that Heritage Shores South hold an annual meeting of property
owners to conduct business and to vote for members of the Board of Directors. Conducting an annual
meeting requires a quorum of one half (50%) of the voting lot owners represented in person or by proxy.
This means 31 lots must have votes represented at the meeting by the lot owners or their proxy for
elections to take place. Exception: Lot owners not in good standing cannot vote. This would reduce the
quorum based on the number not in good standing.
Please fill out the applicable sections of this form, (remember, 2 votes per lot) and return to the Heritage
Shores Homeowners Association at either of the following addresses:
By USPS mail:
Heritage Shores South Homeowners Association, Inc.
PO Box 292
Hertford, NC 27944
By email: [email protected]
Will Attend in Person
I(we) (Please print full names)_____________________________________________________________
___________________________________________________________________________________,
the recorded owner(s) of lot(s) ____________, will be attending the Heritage Shores South Homeowners
Association, Inc. Annual Meeting scheduled for ____________________________.
OR
Proxy
I(we) (Please print full names) (a) ____________________________________________________
(b) ________________________________________________________
the recorded owner(s) of lot(s) ____________, hereby name as my(our) proxy(proxies) for and on my(our)
behalf to attend all meetings of the Heritage Shores South Homeowners Association and to act on and vote
with respect to my(our) voting membership rights and as I(we) might prefer. This proxy may be revoked in
writing by me(us) at any time; but, if not revoked, per Bylaws Article III paragraph 3.7 it shall continue in
full force for 11 months from the signed date below.
(please print below the proxy names and lot numbers)
Proxy Name:(a) _____________________________________________________________ Lot # ______
Proxy Name:(b) _____________________________________________________________ Lot # ______
who is(are) member(s) in good standing of Heritage Shores South Homeowners Association, Inc. or who
is(are) security holders in the lot(s).
Owner’s Signature* (a) ____________________________________________ Date __________
(b) ____________________________________________ Date __________
*Typing your name and returning this form via your email address on record will document your signature(s).