GREEN RIVER HIGHLANDS
PROPERTY OWNERS ASSOCIATION, INC.
ARTICLE I.
BUSINESS ADDRESS
The business address of Green River Highlands Property Owners
Association, Inc. (the “Association") shall be
P.O. Box 968, Rutherfordton,
North Carolina 28139
The business address may be changed by the Board of
Directors of the Association if required by the U.S. Postal Service, or, upon approval
of the membership, for any other reason.
ARTICLE II.
MEMBERSHIP IN THE
ASSOCIATION
Every
person or entity who is a record owner of a fee or undivided fee
interest in any of the lots in Green River Highlands as recorded in Map
Card File E, Page 206, Polk County Registry (“the Subdivision"),
located in Polk County, North Carolina, shall be a member of the
Association. Ownership of such interest
shall be
the sole qualification for membership, and membership shall be
appurtenant to and may not be separated from such ownership.
ARTICLE III.
PURPOSES OF THE
ASSOCIATION
The purposes and duties of the Association shall be:
A.
To
manage the Subdivision pursuant to the terms and provisions of Chapter
47F of the North Carolina General Statutes, these Bylaws, any Rules and
Regulations promulgated by the Association or its Board of Directors
and that Declaration of Covenants and Restrictions of record at Book
287 Page 503, Polk County Registry, as the same may be amended from
time to time (“the Declaration”);
B.
To
enforce the provisions of these Bylaws, the Declaration, and any Rules
and Regulations promulgated by the Association or its Board of
Directors;
C.
To promote and protect the enjoyment and beneficial use and
ownership of all of the lots of the Subdivision (“the Lots”).
No
part of the net earnings of the Association shall inure to the benefit
of its members, the members of its Board of Directors or its officers,
or to any other person, except that the Association shall be authorized
and empowered to pay reasonable compensation for services rendered and
to make payments and distributions in furtherance of the above stated
purposes.
ARTICLE IV.
ASSESSMENTS
The
Association shall make and collect assessments against the Lots as
stated in the Declaration and as provided in Chapter 47F of the North
Carolina General Statutes.
ARTICLE V. MEETINGS OF MEMBERS
Section 1. Place of Meetings. All meetings of members shall be held at such
place in Polk or RutherfordCounties, North
Carolina, as shall be designated on the notice of the
meeting or agreed upon by a majority of the members entitled to vote
thereat.
Section 2. Annual Meetings. The annual meeting of the members
shall be held during the month of June of each year on any day
during that period (except a legal holiday) as determined by the Board
of Directors, for the following purposes:
1.
to ratify or reject the summary of the proposed budget submitted
by the Board of Directors pursuant to Article VI below;
2.
to
elect the Board of Directors of the Association (subject to the
provisions of Section 8 of the Declaration) for the coming fiscal year;
and
3.
to transact any other business that may come before the
membership, including but not
limited to the adoption, modification and/or repeal of any Rules and
Regulations governing the Subdivision.
Section 3.
Substitute Annual Meeting. If
the annual meeting shall not be held on the day designated by these
Bylaws, a substitute annual meeting may be called in accordance with
the provisions of Section 4 of this Article V. A
meeting so called shall be designated and treated for all purposes as
the annual meeting.
Section 4. Special Meetings. Special
meetings of the members may be called at any time by the President, a
majority of the Board of Directors of the Association, or upon the
written request of not less than ten percent (10%) of the members.
Section 5. Notice of Meetings. Written
notice of the meeting shall be delivered not less than ten (10) nor
more than sixty (60) days before the date of any members' meeting,
subject to the thirty (30) day requirement for the proposed budget in
Article VI.2.B below, either personally or by mail, by or at the
direction of the President, the Secretary, or other person calling the
meeting, to each member of record. The
notice
shall state the time and place of the meeting and shall also state the
items on the agenda, including the general nature of any proposed
amendment to the Declaration or these Bylaws, any budget changes and
any proposal to remove an Officer/Director. If
mailed, such shall be deemed to be delivered when deposited in the United States
Mail, addressed to the member at his/her address as it appears on the
record of members of the Association, with postage thereon prepaid. It shall be the responsibility of the individual
members to keep the Secretary informed of their current addresses. In
the absence of instructions from an individual member as to his/her
address, the Secretary shall be entitled to rely on the most recent
records of the Polk County Tax Collector to determine the addresses of
the owner(s) of a Lot. The notice of meeting
must state the time and place of the meeting and all items on the
agenda for the meeting. When
a meeting is adjourned for thirty (30) days or more, notice of the
adjourned meeting shall be given as in the case of an original
meeting. When
a meeting is adjourned for less than thirty (30) days in any one
adjournment, it is not necessary to give any notice of the adjourned
meeting other than by announcement at the meeting at which the
adjournment is taken.
Section 6. Voting Rights. On matters of the Association's business
submitted to vote of the membership, there shall be one (1) vote per Lot, regardless of the number of owners of a Unit. Quorum for any annual
meeting, or subsequent annual meetings if quorum is not reached, shall
be as set forth in the Declaration. At
any special meeting of members, twenty percent (20%) of the Lots
(represented either in person or by proxy) shall constitute a quorum
for the purposes of submitting any matter to a vote.
Except as otherwise provided by the Declaration, Chapter
47F of the North Carolina General Statutes, or these Bylaws, all
matters submitted to a vote at any meeting held in accordance with
these Bylaws shall be decided by a simple majority of the total votes
cast.
Section 7. Voting by Proxy. Votes
may be cast either in person or by one or more agents authorized by a
dated, written proxy executed by the member or his/her attorney-in-fact. A proxy terminates one year after its date,
unless it specifies a shorter term. Any form
of proxy which is sufficient in law may be used, but the following form
of proxy shall be deemed sufficient:
The undersigned hereby irrevocably
constitute and appoint their
attorney-in-fact and proxy for the sole purpose of casting the vote
allocated to Unit ,
on all matters submitted to vote at that meeting of , to be held on ,
. The
undersigned hereby ratify and confirm all such votes cast on behalf of
said Unit at that meeting, and certify that they are fully authorized
to execute this instrument of proxy on behalf of all owners of any fee
interest in said Unit.
This the day
of ,
.
Section 8. Voting List. At
least ten days before each meeting of members, the Secretary of the
Association shall prepare an alphabetical list of the members entitled
to vote at such meeting or any adjournment thereof, with the address of
each, which list shall be kept on file with the book of records of the
Association. This list shall be produced and
kept open at the time and place of the meeting and shall be subject to
inspection by any members during the whole time of the meeting.
Section 9. Waiver of Notice. Any member may waive notice of any meeting. The
attendance by a member at a meeting shall constitute a waiver of notice
of such meeting, except where a member attends a meeting for the
express purpose of objecting to the transaction of any business because
the meeting is not lawfully called or convened.
ARTICLE VI.
BOARD OF DIRECTORS
Section 1. Purpose, Number and
Term of Office. The
business and affairs of the Association shall be managed by a Board of
Directors of five (5) individuals, who shall be entitled to act on
behalf of the Association. The Board of
Directors shall initially consist of the initial members of the Board
of Directors as named in the Articles of Incorporation of the
Association. At the first meeting of the membership of the Association
following the termination of the period of Declarant control of the
Association, the members of the Board
of Directors shall be elected by the membership of the Association and
those persons who receive the highest number of votes at a meeting at
which a quorum is present shall be elected. Each
member
of the Board of Directors shall hold office until his/her death,
disability, resignation or removal, or until the expiration of his/her
term and the election of his/her successor. All
Directors elected by the membership of the Association must be Lot owners.
Section 2. Powers and Duties. The
Board of Directors shall have the power and the duty to act on behalf
of the Association in all instances, except that the Board may not
amend the Declaration, terminate the corporation, elect members of the
Board (except to fill any vacancy in its membership for the unexpired
portion of a term) or determine the qualifications, powers, duties or
terms of office of members of the Board. In
addition the Board of Directors shall have the following specific
powers, duties and responsibilities:
A. The
Board
will keep a complete record of all of its acts and all affairs of
the Association and make the same reasonably available for examination
by any member, his agents or mortgagees.
B. The
Board will adopt a proposed budget for the Association to be approved
or rejected by the membership of the
Association at its Annual Meeting. The
proposed budget shall be adopted at a meeting of the Board to be held
not more than sixty (60) days before the Annual Meeting of the
membership of the Association. A summary of
the proposed budget, including the amount of any
proposed assessments against the Units, shall be mailed
to
the membership with the Notice for the Annual Meeting within thirty
(30) days of the adoption of the proposed budget by the Board. The
proposed budget shall be deemed ratified unless at the meeting more
than fifty percent (50%) of the Lots existing at that time vote to
reject it. In
the
event the proposed budget is rejected, the periodic budget last
ratified shall be continued until such time as the membership ratifies
a budget subsequently proposed by the Board of Directors.
Any
subsequently proposed revision of the Budget shall be sent to the
membership within thirty (30) days after the adoption of the proposed
budget.
C. The
Board
may fine any unit owner an amount not to exceed One Hundred Fifty
Dollars ($150.00) for any single violation of the Declaration, these
Bylaws or any Rules and Regulations promulgated by the Board or the
Association. In such event, the Board shall
provide the unit owner fined an opportunity to be heard before an
Adjudicatory Panel to be appointed by the Board pursuant to Article X
below. Multiple fines may be assessed
against any unit owner for multiple violations. Any
such
fines shall be deemed assessments against the unit of such owner,
and shall be collectable as provided in the Declaration.
D. The
Board may contract a management agent to perform and execute such
duties, functions
and
responsibilities of the Board as the Board may deem appropriate;
however, no such contract shall relieve the Board from its fiduciary
duty to the Association.
Notwithstanding
any other provision herein, the Board of Directors is authorized, on
behalf of the Association, to submit any dispute with or claim against
the owner(s) of any Lot(s) to voluntary arbitration pursuant to any
arbitration program then in effect in the General Court of Justice of
Polk County, North Carolina.
Section 3. Removal of Directors. Any
director may be removed at any time with or without cause by a vote of
at least sixty-seven percent (67%) of all persons present and entitled
to vote at any meeting of the membership of the Association at which a
quorum is present. However,
directors who are appointed by the Developer may only be removed by the
Developer.
Section 4. Vacancies. In
the event of the death, disability, resignation or removal of a
director, his or her successor shall be selected and appointed by the
remaining members of the Board of Directors to serve until the next
meeting of the membership of the Association.
ARTICLE VII. MEETINGS OF THE BOARD OF
DIRECTORS
Section 1. Called Meetings. Meetings of the Board of Directors may be called
by or at the request of the President or any two directors. Any
director may attend such meeting through telephone or other
teleconferencing technology and be considered in attendance for the
purposes of voting and quorum.
Section 2. Notice of Meeting. The
person or persons calling a meeting of the Board of Directors shall, at
least ten (10) days before the meeting, give notice thereof by any
usual means of communication. Such notice
need not specify the purpose for which the meeting is called.
Section 3. Waiver of Notice. Any member of the Board of Directors may waive
notice of any meeting. The
attendance by a member of the Board of Directors at a meeting shall
constitute a waiver of notice of such meeting, except where a member of
the Board of Directors attends a meeting for the express purpose of
objecting to the transaction of any business because the meeting is not
lawfully called or convened.
Section 4. Quorum.
A
majority of the number of the members of the Board of Directors fixed
by these Bylaws shall constitute a quorum for the transaction of
business at any meeting of the members of the Board of Directors.
Section 5. Manner of Acting. Except
as otherwise provided in these Bylaws, the act of the majority of the
members of the Board of Directors present at a meeting at which a
quorum is present shall be the act of the Board of Directors.
Section 6. Informal Action by
Members of the Board of Directors. Action
taken
by a majority of the members of the Board of Directors without a
meeting is nevertheless Board action if written consent to the action
in question is signed by all of the members of the Board of Directors
and filed in the book of records of the Association, whether done
before or after the action so taken.
Section 7. Committees of the
Board. The Board of Directors may
establish either standing or ad hoc committees of the members to assist
it in its work. Such committees shall be
chaired by a member of the Board of Directors.
Section 8
Electronic Authorization or Notice: Any
authorization or notice, including notices of meetings, authorization
of proxies, required of any member, any
Board member or any officer of the Board of Directors is sufficient if
transmitted electronically by such method as
will permit a written copy of the action to be made.
ARTICLE VIII
OFFICERS
Section 1. Designation. The
officers of the Association shall consist of a President, a
Vice-President, a Secretary, and a Treasurer, and such other officers
as the membership may from time to time elect. The
offices
of Secretary and Treasurer may be held by the same person;
otherwise, no two offices may be held by the same person.
Section 2. Election
and Term. The initial officers of the
Association shall be elected by the initial members of the Board of
Directors of the Association. Subsequently,
the officers of the Association shall be appointed by the Board of
Directors. Members of the Board shall be
eligible for appointment to serve as officers of the Association. The
officers shall be appointed to one-year terms, and each officer shall
hold office until his/her death, disability, resignation or removal, or
until the expiration of his or her term and the appointment of his or
her successor.
Section 3. President. The
President shall be the principal executive officer of the Association
and, subject to the control of the Board of Directors, shall in
general supervise and control all of the business and affairs of
the
Association. The President shall, when
present, preside at all meetings of the members. The
President shall sign, with the Secretary, any deeds, mortgages, bonds, contracts,
or other instruments which the Board of Directors has authorized to be
executed, except in cases where the signing and execution thereof shall
be expressly delegated by the Board of Directors or by these Bylaws to
some other officer or agent of the Association, or shall be required by
law to be otherwise signed or executed; and in general the President
shall perform all duties incident to the office of President and such
other duties as may be prescribed by the Board of Directors from time
to time. The President, together with the
Secretary, shall execute any amendments to the Declaration approved by
the membership of the Association.
Section
4. Vice President.
In
the absence of the President or in the event of his or her death,
inability or refusal to act, the Vice President shall perform the
duties of the President, and when so acting shall have all the powers
of and be subject to all the restrictions upon the President, and shall
perform such other duties as from time to time may be assigned to him
or her by the President or the Board of Directors.
Section 5. Secretary. The Secretary shall: (a)
keep
minutes of the meetings of members, of the Board of Directors and
of all Executive Committees in one or more books provided for that
purpose; (b) see that all notices are duly given in accordance with the
provisions of these Bylaws or as required by law; (c) be custodian of
the corporate records and of the seal of the Association and see that
the seal of the Association is affixed to all documents the execution
of which on behalf of the Association under its seal is duly
authorized; (d) be authorized to certify and oversee the recordation of
amendments to the Declaration on behalf of the Association; (e) keep a register
of the post office address of each member which shall be furnished to
the Secretary by such member; and (f) in general perform all duties
incident to the office of Secretary and such other duties as from time
to time may be assigned to the Secretary by
the President or by the Board of Directors.
Section 6. Treasurer. The Treasurer shall: (a)
have
charge and custody of and be responsible for all funds and
securities of the Association; (b) receive and give receipts for moneys
due and payable to the Association from any source whatsoever, and
deposit all such moneys in the name of the Association in such
depositories as shall be selected in accordance with the provisions of
Section 4 of Article IX of these Bylaws; (c) prepare, execute and
deliver certificates of Assessments as provided by Section 13 of the
Declaration; and (d) in general perform all of the duties incident to
the office of treasurer and such other duties as from time to time may
be assigned to the Treasurer by the President or by the Board of
Directors.
ARTICLE IX.
CONTRACTS, LOANS, CHECKS,
AND DEPOSITS
Section 1. Contracts. The
Board of Directors may authorize any officer or officers, agent or
agents, to enter into any contract or execute and deliver any
instrument in the name of and on the behalf of the Association, and
such authority may be general or confined to specific instances.
Section 2. Loans. No
loans
shall be contracted on behalf of the Association and no evidence
of indebtedness shall be issued in its name unless authorized by the
Board of Directors. Such authority may be
general or confined to specific instances.
Section 3. Checks and Drafts. All
checks, drafts or other orders for the payment of money, issued in the
name of the Association, shall be signed by the President or the
Treasurer of the Association. Any such
payments
may be paid by electronic means where the creditor authorized such
payment without the individual signature of the President or the
Treasurer.
Section 4. Deposits.
All
funds of the Association not otherwise employed shall be deposited from
time to time to the credit of the Association in such depositories as
the Board of Directors may select.
ARTICLE X
ADJUDICATORY PANEL
Section 1. Appointment of
Adjudicatory Panel. The
Board of Directors shall, not less than annually, appoint an
Adjudicatory Panel of five (5) individuals, all of whom shall be
residents of the Subdivision. No more than
two (2) members of the Board shall be eligible to serve as members of
the Adjudicatory Panel at any given time. Members
of
the Panel shall be appointed to one-year terms, and each member
shall sit until his or her death, disability, resignation or removal,
or until the expiration of his or her term and the appointment of his
or her successor.
Section 2. Hearings.
In
the event that a fine is assessed against a unit owner by the Board of
Directors pursuant to Subsection 2(C) Article VI above, the
Adjudicatory Panel shall provide to the unit owner so fined notice of
the violation and an opportunity to be heard regarding the alleged
violation and the assessed fine. If within
ten
(10) days of receipt of the notice the unit owner requests in writing a
hearing, the Adjudicatory Panel shall hear the matter within twenty
(20) days of the date of the written request. Three
(3) members of the Panel shall constitute a quorum for the purpose of
conducting a hearing. Following
such a hearing, the Adjudicatory Panel shall confirm, deny or modify
the fine imposed by the Board and shall notify the unit owner of its
decision. The decision of the Panel with
regard to the fine shall be final.
ARTICLE XI.
INDEMNIFICATION
Any
person who at any time serves or has served as an officer, member of
the Board of Directors and/or member of the Adjudicatory Panel of the
Association shall have a right to be indemnified by the Association to
the fullest extent permitted by law against (a) reasonable expenses,
including attorneys' fees, incurred by that person in connection with
any threatened, pending, or completed civil, criminal, administrative,
investigative, or arbitrative action, suit, or proceeding (and any
appeal therein), whether or not brought by or on behalf of the
Association, seeking to hold that person liable by reason of the fact
that that person is or was acting in such capacity, and (b) reasonable
payments made by him or her in satisfaction of any judgment, money
decree, fine, penalty or settlement for which he or she may have become
liable in any such action, suit or proceeding.
Upon
request for payment, the President of the Association shall promptly
call a special meeting of the Board of Directors to obtain approval to
pay the indemnification required by this bylaw. Such
approval may be general or confined to specific instances, and shall
not be unreasonably withheld. Upon
approval by the Board of Directors, the President shall promptly cause
the indemnification to be paid to the requesting party.
Any
person who at any time after the adoption of this bylaw serves or has
served as an officer, member of the Board of Directors and/or member of
the Adjudicatory Panel of the Association shall be deemed to be doing
or to have done so in reliance upon, and as consideration for, the
right of indemnification provided herein. Such
right
shall inure to the benefit of the legal representatives of any
such person and shall not be exclusive of any other rights to which
such person may be entitled apart from the provision of this bylaw.
ARTICLE XII.
DISSOLUTION
In
the event of dissolution of the Association, the residual assets of the
Association will be distributed to a nonprofit organization with
purposes similar to those of the Association, or to any other
organization eligible under the provisions of Chapter 55A of the
General Statutes of North Carolina. However,
in
no event shall the residual assets of the Association be distributed in
a fashion that terminates the Association’s exempt status under Section
528 of the Internal Revenue Code of 1986 or any corresponding sections
or provisions of any future United States Internal Revenue law.
ARTICLE XIII.
SECTION 528 STATUS
The
Association shall elect and shall be managed in such fashion as to
maintain tax-exempt status under Section 528 of the Internal Revenue
Code of 1986. The Association shall not
carry on
any activities prohibited by an Association electing tax-exempt status
under Section 528, or any corresponding sections or provisions of any
future United States Internal Revenue law.
ARTICLE XIV.
GENERAL PROVISIONS
Section 1. Seal. The
corporate
seal of the Association shall consist of two concentric
circles between which is the name of the Association and in the center
of which is inscribed SEAL; and such seal, as impressed on the margin
hereof, is hereby adopted as the corporate seal of the Association.
Section 2. Fiscal
Year. The fiscal year of the Association
shall be January 1 through December 31.
Section 3. Amendments. The
members of the Association may amend these Bylaws, repeal these Bylaws
and/or adopt new Bylaws by the vote of at least sixty-seven percent
(67%) of all existing Lots at any meeting of the membership of the
Association properly held and conducted pursuant to Article V above.
Section 4. Conflicts. In
the event of any conflict between the terms and provisions of these
Bylaws and the terms and provisions of the Declaration, the terms and
provisions of the Declaration shall control.
Section 5. References to Statutes. All
references herein to any statutory provision shall be construed to
include and apply to any subsequent amendments to or replacements of
such provisions. ----------------------------------------------------------------------------------------------------------------------------------
NEW COVENANTS FOR GRHPOA ------------------------------------------------------------------
STATE OF NORTH CAROLINA COUNTY OF POLK
RESTATEMENT AND AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS OF GREEN RIVER HIGHLANDS
THIS RESTATEMENT AND AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS OF GREEN RIVER HIGHLANDS is made and entered into this the 12th day of June, 2010, by Green River Highlands Property Owner’s Association, Inc., a North Carolina non-profit corporation, (hereinafter “Association”) and by the persons owning more than sixty-seven per cent (67%) of the Lots of Green River Highlands Subdivision (hereinafter “Green River Highlands”), as further stated herein:
WITNESSETH:
WHEREAS, Mtn. Creek Land Co., Inc., a North Carolina corporation (hereinafter “Developer”) acquired 430.53 acres, more or less, of real property located in Green Creek Township, Polk County, North Carolina, and shown on plat of record in Map Card File E at Page 206, Polk County Registry, and subsequently created a subdivision with common scheme of development from said real property called Green River Highlands, as shown on plats of record in Map Card File E at Page 345; Card File E at Page 429; Card File E at Page 432; and Card File E at Page 577; each of the Polk County Registry, reference to which is hereby made for a full and complete legal description of said real property;
WHEREAS, the Developer heretofore recorded a Declaration of Covenants and Restrictions of Green River Highlands in Book 287 at Page 503, Polk County Registry, (hereinafter “Declaration”) restricting all the lands and lots of Green River Highlands;
WHEREAS, the Developer reserved in itself the right to add to or amend the Declaration through Number 4) a) of the Declaration;
WHEREAS, the Developer assigned all rights, responsibilities and control of Green River Highlands to the Association and to “the present and future owners of the lots within said subdivision” by recording an Assignment of Rights and Responsibilities recorded in Book 312 at Page 1593, Polk County Registry;
WHEREAS, Green River Highlands was created after January 1, 1999, and is subject to the North Carolina Planned Community Act pursuant to N.C. Gen. Stat. §47F-1-102(a);
WHEREAS, the Declaration may be amended by affirmative vote OR by written agreement signed by lot owners of lots to which at least sixty-seven percent (67%) of the votes in the association are allocated, pursuant to N.C. Gen. Stat. §47F-2-117, and no larger majority is called for in the Declaration;
WHEREAS, the Association, and more than sixty-seven percent (67%) of the lot owners of Green River Highlands, desire to restate and amend the Declaration as set forth herein; and
WHEREAS, the Board of Directors of the Association has recommended the adoption of these restated and amended covenants and restrictions and more than sixty-seven percent (67%) of persons owning lots at a duly called meeting of the members of the Association on the 12th day of June, 2010, approved this Restatement and Amendment of Declaration of Covenants and Restrictions of Green River Highlands (hereinafter “Restatement”).
NOW, THEREFORE, in consideration of the premises, the undersigned hereby specifies that this Restatement shall constitute covenants, conditions, resolutions, reservations and restrictions which shall run with the real property of Green River Highlands and shall bind and inure to the benefit of the Developer and its successors and/or assigns; to the Association; and to all subsequent owners of any interest in the real property described herein and their respective grantees, successors, heirs, executors, administrators, devisees or assignees, which lands referred to or situated in the County of Polk, State of North Carolina, and on all Lots shall be held, sold, encumbered, and conveyed subject to the Restatement hereinafter set forth and said Restatement hereinafter set forth and said covenants and restrictions contained therein shall become a part of each instrument conveying any of the aforesaid restricted Lots as fully and to the same extent as if set forth therein. As a condition of the sale or conveyance of any of the aforesaid restricted Lots the purchasers thereof agree and covenant to abide by and conform with said Restatement.
DEFINITIONS
"Developer" shall refer to Mtn. Creek Land Co., Inc. "Green River Highlands" shall refer to the Green River Highlands subdivision created from the real property as recorded in Card File E at Page 206, Polk County Registry, and being specifically set forth in plats recorded in Card File E at Page 345; Card File E at Page 429; Card File E at Page 432; and Card File E at Page 577; each of the Polk County Registry; and all real property which may be annexed thereto as provided herein. “Common Area” or “Common Areas” shall mean and refer to any and all subdivision roads shown in the above plats and owned and controlled by the Association, the entrance, and other tracts or parcels of real property designated as such on the above plats and such other tracts or parcels not designated as Lots; and said Common Area or Common Areas shall include but not be limited to drainage facilities and other improvements located thereon and any other property or property rights other than Lots owned or leased by the Association, now and/or in the future, for the common use, benefit and enjoyment of the Lot Owners. "Lot" or "Lots" shall refer to each individual parcel as shown on the recorded plat for Green River Highlands and the subdivision of any such parcel for the purposes of creating a new, separately owned parcel. “Exempt Lot” shall refer to any Lot that is not subject to Dues or Special Assessments, other than those owned by the Developer or the Association, and are as set forth in Paragraphs B.13 and B.14 hereinbelow. "Owner" or "Owners" or “Lot Owner” or “Lot Owners” shall refer to any person or legal entity, including Developer, who holds fee simple title to any Lot, except where a Lot is being sold by Developer under an agreement for deed, the Buyer thereunder and not the Developer shall be deemed to be the owner (this definition for the Buyer as the Owner is confined solely to the purposes of this Declaration). “Association” shall refer to the Green River Highlands Property Owners’ Association, Inc., as set forth herein. "Board" shall refer to the Board of Directors of the Green River Highlands Property Owners' Association, Inc., which shall be the body empowered by the Association to enforce all aspects of this Restatement and of North Carolina law except where specifically provided otherwise.
“Director” shall refer to any member serving on the Board.
“Member” shall refer to a member of the Green River Highlands Property Owners’ Association, Inc. "Declaration" shall refer to the original Declaration of Covenants and Restrictions of Green River Highlands as recorded in Book 287 at Page 503, Polk County Registry. “Restatement” shall refer to this Restatement and Amendment of Declaration of Covenants and Restrictions of Green River Highlands as set forth herein. “Single Family Residence” shall refer to a completed, constructed, permanent building containing both (i) One thousand two hundred (1,200) square feet of heated living space (excluding decks, garages, unheated basements and other unheated areas), AND (ii) a kitchen (including appliances or other devices for the purpose of food preparation) or bathroom (including any bathing facilities including but not limited to bathtub or shower). “Out Buildings” shall refer to any permanent structure other than a Single Family Residence located upon any Lot or Common Area within Green River Highlands. “Special Assessments” shall mean those assessments levied by the Association in addition to the Annual Assessments or Dues, for the purposes of defraying, in whole or in part, the cost of the construction of any new improvements to the Common Areas and, to the extent not sufficiently covered by the Annual Assessment in any particular year, the cost of construction, repair or replacement of the Common Areas. “Dues” or “Annual Dues” or “Annual Assessments” shall mean those assessments levied annually by the Association against each Lot for the purposes of (i) repairing, maintaining, reconstructing and keeping clean and free of debris the Common Areas and any improvements located thereon, (ii) maintaining the landscaping located on the Common Areas including any necessary removal or replacement of landscaping, (iii) paying the premiums on all insurance carried by the Association, (iv) paying all legal, accounting and other professional fees incurred by the Association in carrying out its duties as set forth herein and in the Bylaws, and (v) paying the salary of any caretaker for the Common Areas. “Articles of Incorporation” shall mean and refer to the Articles of Incorporation of Green River Highlands Property Owner’s Association, Inc., attached hereto as Exhibit “A” and incorporated herein by reference, as they may be amended from time to time. “Bylaws” shall mean and refer to the Bylaws of Green River Highlands Property Owners Association, Inc., attached hereto as Exhibit “B” and incorporated herein by reference, as they may be amended from time to time.
A. DEVELOPER RESERVATIONS
1. The Developer, (Mtn. Creek Land Co., Inc.) retains unto itself up until the time the Association is turned over to the new owners the right to:
a) Add to or amend these covenants and restrictions for any Lots still owned by Developer by recording said changes in the Polk County Register of Deeds Office.
b) Grant variances for any provision of these covenants and restrictions to any individual Lot Owner by providing the variance in writing in recordable form to the said Lot Owner. Variances may be granted by a majority vote of the elected officers of the Association after the property has been turned over to the Association as provided in Paragraph A.2. hereafter. It will be the responsibility of the individual or entity seeking the variance to record said variance thereby making it effective.
2. After the Developer turns the Association over to the new Lot Owners, the elected officers of the Board will have the right to grant variances pertaining to any individual Lot as set forth in Paragraph A.1.b. above.
3. The Developer retains the right to add to Green River Highlands and to the original Declaration any real estate which said Developer may acquire in the future provided that any such future acquired real estate is in the general vicinity of the original 430.53 acres hereinabove referred to. Any such future acquired real estate may, upon the recording of a Supplemental Declaration, be subjected to all the provisions, rights, duties, privileges, and obligations as set forth in the Declaration.
4. At the discretion of the Developer or when 75% of the Lots are sold (whichever comes first) the Association will be turned over to the Lot Owners and they will elect their own officers (being President, Vice President, Secretary, Treasurer and an Alternate) for a term of one year and assume all management responsibilities upon the terms and conditions within the Declaration as amended and modified by this Restatement.
B. PROPERTY OWNERS ASSOCIATION
1. Each Lot Owner in Green River Highlands will be a Member of the Green River Highlands Property Owner’s Association, Inc., and shall abide by its By-Laws, Declaration and Restatement. The Association, through the Board, may amend the By-Laws and other rules for good governance in its discretion.
2. Except for Exempt Lots as set forth in Paragraphs B.13 and B.14 hereinbelow, each Lot will have one (1) vote in the Association regardless of the number of Owners of that Lot. Any Lot Owner or Member still owing any Dues or Special Assessments more than thirty (30) days after the same shall become due shall not be considered in good standing and shall have no vote at Association meetings until such time as such outstanding Dues and Special Assessments are paid in full.
3. Each officer must be a deeded Lot Owner or the legally married spouse of a Lot Owner and may only serve two (2) consecutive terms in the same office unless 75% of the Lot Owners vote to extend the number of terms allowed for a specific officer. Only one spouse may serve as a Director or as an Officer at any time. If any Lot has multiple owners of public record, or if any two or more Lots have the same multiple owners, no more than one such Lot Owner of any Lot or multiple Lots may serve as a Director or as an Officer at any time.
4. The maximum expenditures or total encumbrance to the Association that may be approved by any single officer is $500.00. All expenditures or encumbrances of the Association in excess of $500.00 must be approved in writing and signed by at least three (3) officers. The approval must be kept by the Treasurer along with the other financial records.
5. The Treasurer may sign checks up to $200.00. All checks over $200.00 must have the signatures of two (2) officers.
6. In the event the office of President becomes open during the year, the Vice President will automatically become President.
7. If the offices of Vice President, Secretary or Treasurer become open during the year, the position will be filled by the Alternate.
8. If the position of Alternate becomes open during the year, then the President, Vice President, Secretary and Treasurer will select from the Lot Owner base someone willing to fill the Alternate position for the remainder of the year.
9. The Association, through the Board, will have the power to enforce, in accordance with the laws of the State of North Carolina, collection of Dues and/or Special Assessments and compliance to the covenants and restrictions, including the imposition of fines, the recovery of damages and the restraining of violations. The Association and the Board shall have all powers and rights afforded it by North Carolina law, specifically including but not limited to those under the Planned Communities Act (Chapter 47F of the North Carolina General Statutes).
10. The Board will have the power to set Association Dues on a yearly basis. However, if these Dues need to be adjusted upward more than five percent (5%) in any given year, then a meeting with the entire Association membership must be called for this purpose with at least thirty (30) days notice, at which time seventy-five percent (75%) of the votes of the Lot Owners in good standing attending the meeting in person or through proxy (provided a quorum is present) must vote positive to effect the raise.
11. At the first meeting called by the Developer no quorum need be present. However, at all future meetings called by the Association, a quorum of fifty-one percent (51%) of the votes of Lot Owners in good standing must be present (personally or through proxy) to effect any business. If a quorum is not met, then a second meeting for the same purpose may be called upon two weeks’ notice, at which meeting twenty-five and one-half percent (25½%) of the votes of Lot Owners in good standing will represent a quorum. Subsequent meetings are called if a quorum is not present at the second meeting and those present (personally or through proxy) will constitute a quorum. However, at least two (2) weeks notice to all Lot Owners restating the purpose of the meeting and that those present will constitute a quorum needs to be sent to all Lot Owners.
12. The following rules shall apply in regards to Dues for the Association:
(a) Each Lot will pay Association Dues, as set by the Board within the limitations set forth in this Restatement, each calendar year for maintenance of Common Areas, including roads, and other ordinary Association expenses (i.e.: postage, meeting place, taxes, etc.). Prorated Dues will be collected at closing for the remainder of the calendar year, excluding the month of closing, adjusted from time to time by the Association. Lot Owners having paid these Dues shall be considered in good standing for that assessment year only.
(b) Each Lot Owner failing to pay Association Dues by January 31 of each calendar year, or failing to pay any Special Assessment by thirty (30) days after the same shall become due, will be assessed an additional $10.00 per month late fee, or as set and determined by the Board and as may be allowable under North Carolina law, as adjusted from time to time by the Board.
(c) Each Lot Owner who remains delinquent on Dues or Special Assessments for five (5) months, or by May 31 of each year, will be given final notice by certified mail of the amount due with request for prompt payment within ten (10) days.
(d) If after that notice by certified mail the overdue Dues or Special Assessments are still not paid in full within ten (10) days then any elected officer of the Association may at their discretion file in Court of the payment of Dues, Special Assessments, late fees and the recovery of expenses, and pursue any other remedies deemed advisable, including the filing of a lien and, if necessary, the foreclosure thereof.
(e) The Developer and the Association will be exempt from paying any Association Dues or Special Assessments on any Lots or Common Areas owned by the Developer or the Association.
(f) Any commercial operation established on any Lot that substantially increases the traffic on the roads within Green River Highlands or has heavy trucks or vehicles regularly traveling on roads within Green River Highlands will be subject to annual dues equal to three (3) times the normal annual Dues.
(g) The Association may levy a Special Assessment for the purpose of defraying, in whole or in part, the cost of any repair, replacement, improvement, construction or reconstruction of any or all Common Areas; provided that, notwithstanding any provisions of this Declaration, the Articles of Incorporation of the Association, or the By-Laws of the Association, any such Special Assessment shall be approved by seventy-five percent (75%) of the Lot Owners in good standing in person or through proxy at any annual meeting of the Association or at a special meeting of the Association with notice sent at least thirty (30) days prior to such special meeting to all Lot Owners. The due date for any Special Assessment shall be fixed in the resolution authorizing such Special Assessment, and in no event shall be earlier than sixty (60) days from the date of the resolution’s passage.
(h) Dues may be increased under the provisions of Paragraph B.10 above for the purposes of creating a reserve fund to apply to future expenses for repair, replacement, improvement, construction or reconstruction of Common Areas; provided, that the notice to Lot Owners through the annual meeting or for any special meeting called for that purpose specifies that the Dues increase will be for such a reserve fund for the purposes of future expenses for Common Areas beyond the following budget year. Any such reserve fund shall be held with all due care in accordance with the standards for any nonprofit corporation in an investment account in the name of the Association and set aside for that purpose. The activities of any such account will be reported to the full Association at each annual meeting. The Board may elect to expend monies from the reserve fund upon majority vote of the Board for the purposes stated herein.
13. Any person(s), or entity purchasing and holding deeds titled in the same name or names to two (2) or more contiguous Lots in Green River Highlands (whether in a single deed or in separate deeds and whether such purchases are simultaneous or otherwise) will be required to pay Association Dues or Special Assessments on only one Lot, as provided in this Declaration; provided, however, that the Lot Owner of said Lots shall designate to the President of the Association in writing which Lot or Lots in excess of one are the exempt Lot or Lots, and such Exempt Lot or Lots will maintain exempt status unless or until either: (i) the Exempt Lot is transferred in any manner such that the Exempt Lot is titled differently from the other contiguous Lot or Lots in any respect, or (ii) a Single Family Residence is built upon the Exempt Lot; and in either of which circumstance the exemption will no longer apply and the Exempt Lot will lose exempt status and be subject to Association Dues and Special Assessments.
14. Any Lot Owner with Exempt Lot or Lots, other than the Developer or the Association, will be subject to the following:
(a) No Exempt Lot will have any vote associated with it. Any Lot Owner with an Exempt Lot will only hold votes for a Lot or Lots for which that Lot Owner is paying Dues and will hold no vote for any Exempt Lot.
(b) No Exempt Lot will count toward any quorum.
The Developer and the Association will retain one (1) vote for each Lot owned, excluding any common areas.
15. Rules and regulations for conduct pertaining to the use of any Common Areas other than subdivision roads, including but not limited to such matters as hours of use, number of guests, eligibility for use, or other related matters, shall be established by majority vote of the Association.
16. The Association will own and be responsible for maintaining the well, irrigation system, front entrance, gate and all common areas.
C. SITE AND BUILDING RESTRICTIONS AND REQUIREMENTS
1. Except as provided herein, no manufactured homes will be allowed to be placed or constructed on any Lot in Green River Highlands. However, modular homes as defined by North Carolina law having all wood framing (i.e. floor support beams and floor joist) otherwise meeting the definition of Single Family Residence contained herein will be permitted.
2. No Lot in Green River Highlands will be allowed to have more than two (2) Single Family Residences upon it (the Developer only guarantees one (1) septic approval per Lot).
3. A utility easement of thirty (30) feet is reserved along interior Lot lines, fifteen (15) feet on either side of the said Lot line. A utility easement of fifteen (15) feet on the interior side of the line is reserved along exterior Lot lines.
4. All Lots shall be subject to right of way of forty-five (45) feet in width for all roads in the subdivision as shown on any relevant plat, unless otherwise shown on said plat. Any and all state maintained roads shall have such right of way as provided by law or as recorded in any instrument granting rights to the North Carolina Department of Transportation, its predecessors or successors.
5. Building setbacks are as follows: twenty (20) feet from all street right of way lines; twenty (20) feet from all rear Lot lines; twenty (20) feet from all outside boundaries; thirty (30) feet from all creek boundaries; and fifteen (15) feet from side Lot lines that are not outside boundaries.
6. All construction of any house, building, or other structure on any Lot must be complete as to its exterior appearance within twelve (12) months of the commencement of such construction, commencement being presumed to be the date of the issuance of the building permit by Polk County. All construction of any kind must be completed no later than thirty-six (36) months after commencement of construction of any house, building or other structure on any Lot. For any relevant structure, including any and all Single Family Residences, completion of all construction shall be measured as the issuance of the Certificate of Occupancy by Polk County
7. No Out Building shall have a kitchen or other cooking facilities nor bathroom facilities of any kind until such time as at least one Single Family Residence has been built and completed on that same Lot. No such restriction shall apply to any Lot once at least one Single Family Residence is completed on that same Lot.
8. Any purchaser of any Lot within Green River Highlands is required within ninety (90) days upon cutting or clearing trees and other vegetation to remove and dispose of any such trees, vegetation or related debris from any portion of said Lot where said cut trees, vegetation or related debris are visible from any road right of way or other Lot. Any such said portion of any Lot so affected must be landscaped, reseeded, or replanted within the same 90-day period.
9. The following provisions shall govern certain matters related to construction upon any Lot, but shall not be construed as a complete or exhaustive list of such requirements:
(a) The cutting of any hardwood trees ten (10) inches in diameter or larger is prohibited on any Lot except within fifty (50) feet of any Single Family Residence structure site, or at such minimum distance where necessary for construction of driveways, septic tank systems, or other permitted structures upon any Lot. Clean-up and reseeding, replanting or landscaping will be required.
(b) Necessary precautions must be taken when any ground is disturbed so as to prevent erosion and sediment from reaching any stream, creek, lake, roadway, walking easement, Common Area, or other Lot. This shall be the sole responsibility of the Owner of each Lot.
(c) Any damage done to any Common Areas by any Lot Owners, their guests or general contractors must be promptly repaired by said Lot Owners at their expense. The Association shall have the right to contract for or perform any such necessary repair at its discretion, in which case the responsible Lot Owners will be obligated and financially responsible for reimbursing the Association for any such repairs and/or their related costs. The Association shall have the right to bill and collect any such repairs or costs in the same manner as any dues provided for herein, including any applicable enforcement provisions.
10. Certain provisions shall govern the subdividing of Lots within Green River Highlands:
(a) Lots may be subdivided but any and all resulting tracts shall be two (2) acres in size or larger. All Lots within Green River Highlands, no matter how created, shall be two (2) acres in size or larger.
(b) Each tract created from any subdivision of a Lot shall be recorded in the Register of Deeds Office for Polk County and shall become a Lot as defined herein and be subject to this Declaration and any and all covenants, restrictions and rules of the Association and of Green River Highlands as filed of public record or as agreed by the Association, and further subject to any and all Dues, Special Assessments and fines imposed by the Association, and shall attain any and all rights and benefits accruing to any Lot within Green River Highlands.
(c) No Lot Owner may extend or add to the Common Areas of Green River Highlands as defined herein without due vote of the Association. Any additional roads, or extensions of existing roads, necessary for the purposes of providing access to Lots created or resulting in any manner from subdivision of an existing Lot is to be at the sole cost and expense of the Lot Owner creating the new subdivided Lot. The Association will not be responsible for maintaining any such additional or extended road and such roads or extension of roads will be the sole responsibility of those Lots using them for access.
11. Anyone building on any River front or low lying level interior Lot should purchase Flood Hazard Insurance as some portions of all of these Lots lie in the 100 year Flood Plain.
12. The method of determining heated living space for the purposes of any restriction or bylaw within Green River Highlands shall be as measured by the exterior dimensions of the relevant heated living space.
D. PROTECTIVE COVENANTS
1. No satellite dishes of larger than thirty-six-inch (36”) diameter will be allowed.
2. There shall be no raising of fighting roosters, commercial swine or poultry established on any Lot in Green River Highlands.
3. Other grazing animals such as horses, cattle, sheep or goats may be maintained on any Lot based on two grazing animals per fenced acre.
4. Household pets such as cats or dogs are allowed but must be kept so as not to become a nuisance to the neighbors. Any animals maintained on any Lot that become a nuisance such as continually barking dogs must be removed from Green River Highlands.
5. No loud or offensive activities, or any activities arising to the level of a nuisance, shall be allowed on any Lot by any Lot Owner, guest, or other individuals. Such offensive activities or nuisances are such activities as disturb or interfere with any reasonable neighbor Lot Owner’s rights to enjoy his or her Lot in peace.
6. No more than one (1) unlicensed, unregistered, uninsured motor vehicle may be maintained on any Lot and must be kept under cover or out of sight of any common roadways and neighboring Lots.
7. No tractor-trailers or large dual tandem trucks may enter Green River Highlands except for purposes of delivery or pick-up.
8. Except as otherwise provided herein, camping is allowed on any Lot by the use of specific equipment professionally manufactured for that purpose (to be defined as including campers, motor homes, tents, camping trailers or other temporary shelter and any and all related gear and equipment). No camping nor any camping equipment as defined herein is permitted upon any Lot from January 5 through the end of February of each year except for the following circumstances, during which times camping shall be permitted at all times:
a) a Certificate of Occupancy by Polk County has been issued for a Single Family Residence upon that Lot; or
b) during any period of time where a Single Family Residence is being constructed upon that said Lot so long as said construction is in compliance with Paragraph C.6 hereinabove, but in no event for longer than thirty-six (36) months unless a Certificate of Occupancy is issued by Polk County prior to the expiration of said thirty-six (36) months.
9. No firearms will be discharged or fired anywhere within Green River Highlands except as may be permitted for self-defense or defense of property under North Carolina law. No fireworks or explosive devices not permitted by North Carolina law will be allowed to be set, fired or detonated within Green River Highlands.
10. There shall be no accumulation or burning of junk or trash allowed on any Lot in Green River Highlands. Burning is only permitted for organic matter and must not include any material of non-organic nature. Any and all burning must be in accordance with any applicable state or local governing ordinance and must be in a clearing or open area away from any structures, shrubs, trees or any such item as may pose a fire hazard.
11. No signs are permitted on any Lot within Green River Highlands, except for signs indicating a Lot is “for sale” during the time that such Lot is being marketed for such purpose, or signs for contractors during the period of construction on any Lot. No such permitted sign shall be located except on the lot actually being sold or actually under construction, and no sign shall be larger than three feet by three feet in dimension.
E. SUBDIVISION ROADS
1. Initially, Developer will complete all roads in Green River Highlands and maintain same until the Association is turned over to the Lot Owners. Pursuant to the provisions of Section 136-102.6 of the North Carolina General Statutes, prospective purchasers of lots and property in the subdivision of any phase described or shown on the plat are hereby advised that the roads and streets are private, and the responsibility for the maintenance of said roads and streets rests with the Developer and/or the Association for maintenance. From the time of purchase of a Lot, Owner will be required to help maintain the roads and streets through annual dues as provided for elsewhere in this Declaration. Once transfer and assignment of Developer's rights to the Association has occurred, failure to maintain the roads may result in liability to the Association and to the respective Owners. Roads in Green River Highlands are built to county standards for private roads and may not meet the standards necessary for inclusion in the North Carolina State Highway System for public roads.
2. Unless otherwise ordered by the Polk County Planning Commission, no Lot or other parcel of land or part thereof in Green River Highlands may be used as ingress or egress to or from any other properties not originally a part of the subdivision (unless such other properties are added by the Developer as permitted by Paragraph A.3. above).
3. All state laws as to the operation of motor vehicles must be observed on all private roads in Green River Highlands.
4. Any licensed motor vehicle of any type will be permitted to be driven upon subdivision roads in Green River Highlands so long as operated by a driver with a valid and current driver’s license. Any such motor vehicle must be duly licensed as appropriate by law. Motor vehicles may be unlicensed only if such motor vehicle is a farm utility vehicle, farm tractor, golf cart whether motorized or electrical, motorized riding lawn mower, or a moped or powered scooter with an engine size under forty-nine cubic centimeters (49 cc). No vehicle of any type will be permitted upon any Lot not owned by the operator of said vehicle without the express consent of the Lot Owner of that Lot. Any vehicle operated within Green River Highlands must be operated in a safe and responsible manner and must not exceed posted speed limit as set by the Association or the Board.
5. In no event will any vehicles be allowed to operate as to be a noise or physical nuisance to other Lot Owners in Green River Highlands.
F. GENERAL PROVISIONS
1. The Declaration, and this Restatement thereof, herein set forth or as amended shall exist and be in full force and effect until December 31, 2030, and shall be automatically extended for successive periods of ten (10) years unless, prior to the beginning of such a ten (10) year period, an instrument signed by the Lot Owners of a majority of Lots subject to this Declaration and Restatement agreeing to terminate, amend, or modify the Declaration shall have been recorded in the office of the Register of Deeds for Polk County, North Carolina.
2. Mtn. Creek Land Co., Inc., intends to develop the property covered by the Declaration in Phases, and the Declaration and this Restatement shall apply to all Phases.
3. The Declaration and this Restatement are to run with the land and shall be binding on Developer and all persons claiming under it. The invalidation of any one of the covenants and restrictions by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
4. The Declaration and this Restatement may be enforced at law or in equity by the Declarant, its successors or assigns, by the Association once Declarant has transferred and assigned its rights to the Association, or by the Owner of any Lot. In the event legal action shall be instituted by the Declarant or the Association to enforce any of the provisions of these restrictions, then, in the event of successful conclusion of the legal action in favor of the Declarant or the Association, the respondent shall be obligated to pay all legal expenses and costs incurred by the Declarant or the Association in the enforcement of the Declaration.
5. No delay or omission on the part of the Association or the Lot Owners in exercising any right, power or remedy herein provided for in the event of any breach of any of the provisions, restrictions, conditions, easements, covenants, agreements, liens and charges herein contained, shall be construed as a waiver thereof or acquiescence therein, and no right of action shall accrue, nor shall any action be brought or maintained by anyone whomsoever against the Association for or on account of its failure or neglect to exercise any right, power or remedy herein provided for in the event of any breach, or for imposing herein provisions, restrictions, conditions, easements, covenants, agreements, liens and charges which may be unenforceable.
AFFIDAVIT OF ADOPTION
The undersigned, Richard D. DeLuciano the duly elected President of Green River Highlands Property Owners’ Association, Inc., a not-for-profit corporation formed under the laws of the State of North Carolina, certifies that at a duly-called and noticed meeting of Green River Highlands Property Owners’ Association, Inc., the foregoing amendments to the Declaration of Covenants and Restrictions of Green River Highlands in the form of this Restatement and Amendment thereto were adopted by more than sixty-seven percent (67%) of the Lot Owners of Green River Highlands, pursuant to N.C. Gen. Stat. §47F-2-117, said meeting and vote taking place on June 12, 2010, at Green Creek Volunteer Fire Department in Polk County, North Carolina.
