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HomeMy WebLinkAboutSW8931105_Historical File_20220309SOSID: 0626689 Date Filed: 9/20/2019 1:50.00 PM Elaine F. Marshall STATE OF NORTH CAROLINA North Carolina Secretary of state DEPARTMENT OF THE SECRETARY OF STATI C2019 259 03282 STATEMENT OF CHANGE OF REGISTERED OFFICE AND/OR REGISTERED AGENT rr-, .., - ....._ ...... .. _- I. Pursuant to §55D-31 of the General Statutes of North Carolina, the undersigned entity submits the fo gg or1iepurp&e of changing its registered office and/or registered agent in the State of North Carolina. FEB 2 5 201 INFORMATION CURRENTLY-0N-., .> : The name of the entity is: Masonboro Woods Amenities Association BY' The street address and county of the entity's registered office currently on file is: Number and street: 4945 Coronado Dr Wilmington, NC 28409 City: Wilmington state: NC Zip Code: 28409 County: New Hanover The mailing address if different from the street address of the registered office currently on file is: Number and Street: City: State: NC Zip Code: The name of the current registered agent is: Cordingley, Tami NEW- INFORMATION: 1. The street address and county of the new registered office of the entity is: (complete this item only if the address of the registered qfflce is being changed) Number and Street: 709 Paisley Court City: Wilmington State: NC Zip Code: 28409 County: 2. The mailing address if di Brent f om. the street ! 4*vss of the new registered office is: (complete this item only if the address of the registered office is being changed) Number and Street: PO BOX 964 City: Hampstead State: NC Zip Code: 28443 County: New Hanover County: Pender 3. The name of the new registered agent and the new agent's consent to appointment appears below: ----(complete-this-itent-oniy-if-thewame-of the registered agent -is -being hanged) Elizabeth Parker Type or Print Name of New Agent * Signaturf & Title 4. The address of the entity's registered office and the address of the business office of its registered agent, as changed, will be identical. 5. This statement will be effective upon filing, unless a date and/or time is specified: This is the 30 day of July , 2019 Ma onboro Woods Amenities Association Ent' a Signature Dave Barkman, President Notes: Filing fee is $5.00. This document must be filed with the Secretary of State. Type or Print Name and Title * Instead of signing here, the new registered agent may sign a separate written consent to the appointment, which most be attached to this statement. BUSINESS REGISTRATION DIVISION P. O. BOX 29622 RALEIGH, NC 27626-0622 Revised July 2017 Form BE-06 MANAGEMENT December 2, 2021 Dear Members, Notice of Results 2021 Annual Meeting by Nail The Masonboro Woods Amenities Homeowners Association, Inc. Having received thirty-one (31) ballots from the Members of The Masonboro Woods Amenities Homeowners Association, Inc., at 5 p.m. on December 2, 2021, Atlantic Shores Management, on behalf of the Board of Directors, is pleased to inform you that having established a quorum of members, the following regular business of the Association was transacted. The Minutes for 2020 were approved by thirty-one (31) members. We are also pleased to inform you that a majority of members have elected Dave Barkman, Linda Skipper, Heather McNamara, Jeff Hidek, and Joe Pasquerell to serve on the Board of Directors for 2022. With no additional business on the ballot for this Annual Meeting by Mail, the meeting is adjourned. We look forward to working with The Masonboro Woods Amenities membership for another year. Respectfully submitted, Atlantic Shores Management, LLC SOSID: 626689 22 092 5045 Date Filed. W81200212:5I PjY1 Elaine F. Marshall ARTICLES OF INCORPORATION North Carolina Secretary of State I i OF MASONEORO tilooDS CITIES ASSOCIATION In comPlianc e with fate -ecru. reirients of the Nonprofit Corporation Act, %T,)r•rh C-ar�alina General Statutes, Chapter 5z; A, the undersigned natural person, a resident of the State of North Cas:c:lina and eighteen tit;) years of ice, and more, has l hereby formed a COrpoi:at:i.on, nest Ec:>r profit, and does hereby I ce:rt i fy ghat: The name of the corporation is Masonboro Woods Amenities Association hereinafter called the "Association". FXV The perio�i�. Q: duration of the corporation is unlimited and perpetual, The purpose for which the Association is organized is to Provide a nonProfit owney:s a-Issociation composed of the record owners of lots located upon those certain tracts, lots or parcels of land in the residential subdivisions located in New Hanover Counrv, North Car ' J na east of Highway 132 and kaZc uaj generally as MASONBORO WOODS and MADISON PLACE AT MASONBORO WOODS as shown on maps of said subdivisions, including all sections, recorded in the New Hanover County Registry_ The owners of lots in all sections of Greenbriar South subdivision may also elect, but are not required, to become members. For the .purposes hereof, the Developer of the property herein described is MAURICE S. EMMART, JR., TRUSTEE, his successors and assig.118. The Association shall provide for the management, repair, maintenance and upkeep of the following amenities: pool, club house and aS 3oe; }G ojj Vcr+rr,3 located in Masuriboro Woods and shall promote the health, safety and welfare of the residents JACKSON, MILLS & CARTER, P.A. " �.. wunuxcM.. Nom cuwuwd Frtr 2 5 20, -1 in the use of said amen.it:i.e.s thereof, and in furtherance of these responsibilities the Associ.a ,i.ori shall - a. Own, maintain, preserve and care for all of said amenities; b. Perform and exercise all of the rights, duties, Privileges and powers delegated to the Association by the Provisions of any applicable Declaration of Covenants, Conditions and Restrictions, hereinafter referred to as -he "Declaration" applicable to Masonboro Woods. and Madison Place at Masonboro Woods subject thereto and recorded or to be recorded in the Office of the Registe-r of Deeds of New Hanover County, North Carolina; said Declaration being incorporates:. herein as if set forth at, lengt.. ; J C. have, excrcise arid-lerEorrit an and rights, Y all powers, 9 privileges and duties which a corporation organized pursuant to the provisions of the Nonprofit Corporation Act of the State of North Carolina by lacy now or hereafter may have or exercise; d. fix, levy, collect and enforce payment by any lawful �. means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the A.saoc ation, including all licenses, taxes or governmental charges levied or imposed against the the Association; property of e. acquire (by gift, purchase.* or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for, pubi.ic usc� ox• otherwise dispose of real i or personal pxt; ,ex° :y ix; connection with the affairs of the Association; f- borrow money, and with the assent of two-thirds (2/3) of each class of members mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal Property as security for money borrowed or debts incurred; g. dedicate, sell or transfer all or any part of the Common Area to any public agency, authority or utility for 2 JACK,50K, MLLS & CARPER, R A. W1t=Mft GTOW, NORTH CMULiMa such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class �_.f members, agreeing to such dedi•catiozz, sale or transfer. ME,TI (M-13 IV Every person or entity who is a record oimer of a fee or undivided fee interest of a lot(s) in any sections of Masonboro Woods or Mattison Place at Masonboro Woods, including contract sellers, shall be a member of the Association. In addition, the owner of a fee or undivided fee interest of a lot(s) in any section of Greenbriar South shall have the option, but not the obligation, to become a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the Performance of an obligation.. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association. The Directors of the Association shall be elected by the members of the Association in the manner provided by the By - Laws of the Association. ARTICLE VI No part of the net income of the Assoc. iat i on shall inure to the benefit of ally officer, director or member of the Association. Upon dissolution of the Association the assets thereof, after all of its liabilities and obligations have been discharged or adequate py-.0 risions made therefor, shall be dedicated to an aPPropriate public agency to be used for Purposes similar to those for which this Association was created. In the event; that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes, so long as in accordance with t.c .G.S. 55A-14-03. 3 JACKSON, MILLS & CARTER, ?A. WUMsrc=or. Noxm CUOUNe ARTICLE VII f' The address of the initial registered office of the Association is 99 Aqua Vista Drive, Wilmington, New Hanover I County, North. Carolina 28409, and the name of the initial registered agent at such address is Maurice S. Emmart, Jr. i i �FTIc:LE F� The principal office of the Association is located at 99 Aqua Vista Drive., Wilfflingta.n, New Hanover County, North Carolina 28409, ARC —ML . _TA The Association shall have two classes of votiiYg membership: Class A: Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be me^tbers. The vote for such x,ot shall be exercised as they determine, but in no event shall more than one vote be caret with respect to any Lot. Class B, The Class B membes(s) shall be the Declarant (as defined in the Declaration), and shall be entitled to three (3) votes for each Lot. owned. The Class B membership shall cease and be converted to C] a.ss , rit-'rFibership on the happening of either of the following events, whichever occurs earlier: (a) when the total rotes outstanding in t1he Class A membership equal the total votes outstanding in the Class B membership; or (b) on December 31, 2007. The number of Directors constituting the initial Board of Director; shall ;le Lhree (3), and the names and addresses of 4 JACKSON, "LDS & CAS, P.A. wu.nmv M, NOCH CAMMA the persons who are to serve as Diractors until their successors are chosen arlal gual. i, fy are: Maurice S. Emmart, Jr. William T. Emmart Mark Emmart 99 Aqua 'Vista L_rive Wilmington, NC 28409 99 Aqua Vista Drive Wilmington, NC 28409 99 Aqua Vista Drive Wi.lMington, NC 28409 ARTI.Q,,' XI Amendment of these Articles shall require the assent of seventy-five percent (75%) of the entire membership. ARTICLE XII 9eg-tion i. The Developer hereby reserves the right to annex additional .sand adjacent to or adjoining any of the sections of Masonboro Woods and/or Madison Place at Masonboro Woods which may be owned or hereafter acquired by the Declarant, without the consent of the Class A members within ten (10) years of the date of this instrument. Section 2. The rights reserved by the Developer also include the power to amie_n.d rho; Declaration of Covenants, Conditions and Restrictions pertaining to any property described above to the jurisdiction of the Association and to the rights and obligations of the Declaration of Covenants, Conditions and Restrictiaxtc without the consent; of Class A members: ARTICLE XI T The name and address of the incorporator is: F. Darryl Mills 5710 Oleander Drive, Suite 112 Wilmington, NC 28403 New Hanover County 5 JAC K.SON, MUIS & CAFGER, P.A. Wt MMWN, Noms GaoLm I IN WITNESS WHEREOF, t e undersigned has hereunto set his hand and seal. as of the Z-6 day of _MAKA -- , 2002. - (SEAL) F. I)AR'''Y._� A4]:L. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, t a Notary Public in and for the State and Co ty aforesaid, do hereby certify that F. DARRYL MILLS personally appeared before me this day and acknowledged the clue execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and norarl al seal, this the day of JY 2002. My Commission Expires: ri �N,t�aµ �na� (AFFIX NOTARIAL SEA_�p►�;,�Q/. twWo ma ► P60/MA NOTARY PUBLIC 6 JAC"ON,. MI ,Ls & CAMTA, PA. wmmmlm N"M C"WUM BY-LAWS OF MASONBORO WOODS AMENITIES kS816CIA ION 992q 'ai 2QM13 moos SST_ IgN, .1 . - InRNT1![X. These are the By -Laws of MASONWRO WOODS AMENITIES ASSOCIATION, a nonprofit corporation organized pursuant to. the laws of the State of North Carolina. _. � BMW 2.,1 - "Association" ehal . mean &nd refer to Masonboro Woods Amenities Association, a non-profit corporation formed or to be formed by the Declarant primarily as an association for the management and operation (including repair and maintenance) of the pool club house and associated areas located at Masonboro Woods and comprised of the lot owners in all sections or phases of Masonboro Woods and Madison Place at Masonboro Woods and such owners of lots in GREBNBRIAR SOUTH may elect to join the Association. SECTION 2.2 -- "Properties" shall mean .and refer to that certain real property described or referred to in Section 2.1 above s and such additions thereto as may hereafter be brought within the jurisdiction of the Association. SECTION 2.3 - "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and, Restrictions applicable to the Properties recorded in tho Office of fhc� Register of Deeds of New Hanover County. SECTS 2 J - "Articles of Incorporation" shall mean and refer to the Articles of Incorporation of Masonboro Woods Amenities UPr?G-Y th-1 7 a -ws of the_ State of 1,ort;Carolina. SEGTI.oN 2.5 - "Lot" shall be user:-4-ned as set forth in the Declaration. SECTION 2 �t 'lowne:r" c,41,a l mean and -refer to the record owner, whether one ^)x more persons or entities, n,' a fee simple IM r title to any Lot which is a par z: 0": the Properties, inclu(IJ-119 contract sellers, but excluding those having sucil interest Rlera!Y as secur.j.-Cy for the performance of an obligation. SECTION 2.7 - "Declarant" shall mean and refer to �,Iauricp S. Emmart, jr., Trustee, his successors and assigns if such successors or assigns aho*ald acquire more than one: undeveloped Lot from the Declarant for the purpose of development. "Undeveloped Lot" shall mean a lot which has not been subdivided or platted for sale or building purposes - ago TO,a - "Viember" shall mean and refer to those persons V, �e ancitled to as d, in the Articles of incorporation. SZ=1DN_22 - "Bylaws" shall mean and refer to Lhn lsit,).-Iws set forth in this tritment en zffocjds ivai , it.Les APPLICATION: These By -Laws shall, in ConjUnctiO-il with the above referenced Articles of Incorporation, govern the aE- -�n, -7 fairs, rights, i iutiea �,,y�aj-. the Associatiol-I a',nd 01 ' 1 OW7.,ers, •and occupants of all lots, and all aLhez-.-j whereve-,. -j-jey njFy %-e51itc �,4hc- ito-, use or enjoy any of the property incli.1dirig any cormnon areas such as pool or Clubhouse known as MASONBORO WOODS and MADISON PLACE AT MASONBORO WOODS, all sections or phases, and acceptanuu of d, Deed to = conveyancc of , or the succeeding to title tO, or the entering into a lease for, or the actual occupancy of, or use of a lot or undeveloped area, the common area or any of the improvements thereon by any of the above shall constitute an acceptance by the same of the provis- ions of these By -Laws, the Rules and Regulations enacted pursuant hereto, if any. g&CT1Q4_A, - -PRINCIPAL OFFICE: The principal office of the Association and of the Board of Directors shall be located at 99 Aqua Vista Drive, wilming-lon, New Hanover County, North Carolina 28409. N MembershiU S=IQN1 -MMffi8Rfi=; Each membership shah, be appurtenant to and shall not be severed from the fee simple ownership of a lot o: other real property within the development. Notwithstanding, memberships may be purchased by owners of lots in GREENBRIAR SOUTH SUBDIVISION upon approval by the Board of Directors, taking into account the capacity of the amenitites and number of users of .same. The rights, duties, obligations, powers and privileges appurtenant to each membership shall be exercised by the fee sitriple owner of the lot to which such membership is appurtenant. Any devise, contract for the sale of, Deed, or other means of conveyance of any lot within the development shall be deemed to include the appurtenant membership in the Association. No portion of the rights, privileges, p wett;, duties or obligations appurtenant to each membership in the Association may be sold, transferred or otherwise disposed of, except as part of a sale, transfer or other disposition of the lot to which such membership is appurtenant_ SZQ+N 2.- RECORDS: The Secretary of the Association shall maintain at the principal office of the Association a register of all of the current owners of memberships L- ukhs Association and th- mailing address of each owner. SBGT QU 3 - VOTING RIGHTS: Each Member shall bn entitled to vote as set forth in the Declaration. when more than one person holds an interest in any lot or unit, all such persons shall be members.. The vote for such lot or unit shall be exercised as they among themselves determine, but in ,no event shall more than one (1) vote be cast with respect to any lot or unit except as provided in the Declaration. ## SBCTION a _ MORTGA S AND TR SUMS 09M DEEDS QF TRUST; r•h t the event that any lot is conveyed by mortgage or by Deed of Trust, then the rights, duties, obligations, powers ,and privileges appurtenant to the membership appurtenant to such lot shall be I exercised by the owner of the equity in the lot, and not by the mortgagee under any mortgage or the trustee or beneficiary antler any Deed of Trust against such lot. writing to the Secretary, and shall he revocable at any time by written notice to the Secretary by the owner of the membership to which said vote is appurtenant. Such proxy shall be valid only for the particular meeting designated in the proxy and must be filed with the Secretary before the appointed time of the meeting or any adjournment of such meeting. SBCT-10a 1 - - RN10— Meetings of the Associa- tionla wkernbezzhip shall be held ;It the Office of the Association or at such other suitable place convenient to the membership as may be designated by the Board of Directors. P suarm . -,he order of business at all meec'.ngs of the Association shall be as follows: (a) roll call; (b) proof or Ot YM9tirig; (c) reading of minutes of preceding Ineeting; 1,d) repartn-, o-"f: officers; (e) reports of Board of Directors, (f) reports of committees; (g) election of members to the Board of DirecLors, ji necessary; (h) unfinished business; (i) new bus liness; and (i) adjournment. ARTSU.Q�-1 I �1 —39-AL Ld- - 2 —fq i L 6 —ut Q- rz The qro.pJ-r1rty, affairs and business of Y:hf- Association shall be managed by the Declarant until December 31. 2007, unless transferred a. -ad conveyed sooner by the Declarant. Thereafter, the property, affairs and business of the Association shall be managed by the Board of Dizectoro-- SEC76ION 1. - - NUMBER, TERM OF OFFICE AND OUALIFI=IONS: The num.ber constituting the Board of Directors shall not be fewer than three (3) rior more Lhan f '%'5) an,,! bliall corAaiat Of at lca0- One member from the following developments; MASONBORO WOODS, �VWISON PLACE AT MASONBORO WOODS and GREENBRIAR SOUTH .(subject to the conditions herein). The Director elected from GREENBRIAR SOUTH must be an amenities paying member. If there is no amenities paying member from GREENBRIAR SOUTH who is willing to serve on the Board of Directors, the Board of Directors shall consist of members from MASONBORO WOODS and MADISON PLACE AT MASONBORO WOODS only. The Directors shall initially be elected to serve staggered terms, one for three years, one for two years, one for one year, e7c., and they shall serve until i:h-eir successors ahall be elected and shall qualify. Whereafter, each Director shall be elected for a term of two (2 ) years. `'=''��.�."'�`..�'_•.�,...+t",�,°�,".i,�'��`t'� 0:.? The election of the or of Directors shall be conducted in the following manner; (a) election of Directors shall be held at the annual meeting of the membership; (b) .nominations for Directorships shall be made from the floor by the membership or by the Board of Directors; (c) the election shall be by written ballot (unless dispensed with by unanimous consent) and by a plurality of the votes cast,, each person representing a membership entitled to vote being entitled to cast one (1) vote for each of as many vacancies as there are Directorships to be filled except as may be provided in the Declaration. There shall be no cumulative voting. SFC'►'ION 3 RE KOM OF DTRECTO - Any Director may be removed by the vote of a majority cf the membership of the Association present at a special meeting of the membership called for the consideration of such removal. The vacancy in the Board of Directors so created shall be filled by a majority of the members :,f: the Association present at the same meeting. BE=2 A. REGULU .MEFnINGS-, Regular meetings of the Board i of Directors may be held at such time and place as shall be determined from time to time by a majority of the members of the Board of Directors. Notice of the regular meetings of the Board of j Directors shall be given to each member of the Board of Directors, by personal delivery, mail or telegraph, at least five (5) business days prior to the day named for such meetings. Y SECTION 5. - SP , Ili MW_J1 QS . Special meetings of the Board of Directors may be called by the President, Secretary or any Board member of the Association on five {5.) business days notice to each member of the Board. of Directors, given by mail or telegraph, which notice shall state the time, place and purpose of the meeting. SECTIQX fi - - NA UR OF HaTICE : Any member of the Board of Directors may at any time waive notice of any meeting of the Board of Directors, in writing, and such waiver shall be deemed equivalent -to the giving of such notice. Attendance by a member of the .Huard of D,ixec:Laxe at any meeting of the Board shall constitute a waiver of notice by him of the time and place thereof_ If all of the members of the Board of Directors are present a..- any meeting of 6 the Board, no not:tce shall be required and any business may be transacted at such meeting. SECT L; 7. - OUORUM: At all meetings of the Board of Directors a fiaj oA it- y of the members thereof shall constitute a quorum for the of business, and the votes of a majority of the members of the Board of Directors present at such a meeting at which a quorum is present shall constitute the decision of the Board of Directors. If at any meeting of the Board of Directors there shall be less than a quorum present, a majority of ,those present may adjourn the meeting from time to time.. At any such ad- journed meeting at which a quorum is present any business which might have been transacted at the meeting originally called, may be transacted without further notice. %j_- T N _ 8. -- - Co1vpgNSATION: fro r:ae3,i{xn� of the Board. Of Directors shall receive any compensation from the Association 'o-r acting as such. SECTION _ 9 ._ _- INDER IN MEETING BY APPROVAL, OF lglkWTES : The joinder of a Director in the action of a meeting by signing ;.'..na concurring with the ailnutes of that rra:e .:s q shall constitute the presence of such Director at such mer tinq t .r the purpose of c?eterminir4 a quorum. SECTION 10 PRESIDING OFFICER AT DIRECTORS' MEETINQS; The j pl.esiding officer of a Directors' meeting shall be the Yr°esiden,a , of : the Association. In the ..absence of the President and dice PLes dent the Directors present shall designate one (1) of their nupber to preside. SECTION • _ ORDER OF BUSINESS AT DIRECTORS , MSETINGS : The or -Jar of business at Directors' meetings shall be. (a) the calling of: '"he roll; (b) the proof of due notice of the meeting; (c) ! reading and disposal of any unapproved minutes; �d) thie .reports of officers and committees; (e) the election of officers; (.t) unfinished business; (g) new business; and (:,) adjournment. SECTION 12_,,Y RZiERS W =I The Board of Directors shall have the powers and duties necessary for the administration of t.khea affairs of the Association except. nucti powers and dut'.es ae ?ay ,laws oz, by these By -Laws may not: be derle�ated Lo the Board of OirecEorz by the membership of thl Association.. The powers and duL. -eo to be 7 exercised acid performed by the Board of Directors shall include, ?gut shall not be limited to, the following; a. the management, operation, care, upkeep, repair, replacement and: maintenance of the amenities described hereinabove and in the Articles of incorporation; b. the determination of the amounts rsifu red for the management, operation, maintenance, rare and upkeep of said amenities and the amounts required fug: the general operation of the Association; s . the le v v n.q and' m- lection of the assessments from the membership owners as provided in the Declaration, and more specifically set forth as follows: (1) upon transfer of ownership froa: the Declarant to owner, working capital shall be collected; (2 ) quarterly payments will be due and owing for each quarter thereafter on January 1, April I., July 1 and October 1, ) c ' ) nYC.r firs t: - :tgr�y�•r ^�rc.irri nq 1rv7 thin P_ m3ay tf-%s: shall have dues assessed for that quarter on a pro rats basis. d. the employment and dismissal of.peroonnel, including professional services, as necessary for the efficient maintenance j of the development and operation of the Association; ! e. the adoption and the amendment of rules and regulations governing the operation of the Association and the use and enjoyment of the loots and the common area; f. the opening and maintaining of bank accounts on behalf of the ids;. cititiion and da6i9azati k ''he signatories required therefor; g, the purchasing, leasing or otherwise acquiring in the name of the Association or its designee, corporate or other- wise, on behalf of all members of tho Association, any lots offered for sale or lease; M h. the purchasing and maintaining of insurance as provided in the Declaration for the amenities pursuant to the provisions of these By -Laws; i.. the making of repairs, maintenance, additions and improvements to, or alterations of, the property, and repairs to and restoration of the property, in acccrd?,nc:e with the other provisions s-)f t-i-e4et z-oft'er damage or destruction by firs Or other casualty, or as a result of condemnation or eminent domain proceedings; _ t.3he appointing of committees to be composed of members of. -31=, Assccia,t on cr, .ald _*.n governance. of U),,, 'xe-src:iaticn i.a such numbers and -7:,;r .c.`u.c i specifi6 purposes as the Board may determine necessary and proper; k. the adoption of a sza A"l for the Association; 1. the enforcing of the obligations of the members of the Association, allocating income and expenses of the Association ^^ and doing anything and everything else necessary and proper for the sound management of the Association; M. the levying of fines or :expeasee against the �ninnberG of the Association for violations of the Declaration, these Bylaws; or rules and z"egulations as set forth in the Declaration; n, the borrowing of money if necessary on behalf of the Association when required in connection with the operation, care, upkeep or maintenance of the common area and the improvements ti'ti£`vlSi ET) :rMIEVEJ yhi7 Lr t -. t'xce_pY for a. _. -,....3.x^ i`..d'.'�. i :[- p),.rc:`ta2e insurance, the consent of at least two-thirds (2/3) of the obtained at a special called meeting duly called and held for such purpose z_ acc_,c,rd arice ;,,i.t_b t.h - provisions of these By - Laws, shall be required for the borrowing of any sum in excess of $2,500.00, (ii) no lien to secure payment of any sum borrowed may be created or on any of the common area or the improvements thereon without the consent of at least two-thirds (2/3) of the members, obtained at a special called meeting duly called and held for ailed purpose in accordance with the provisions of these By -Laws, and (.;AH.) the owner o€ any lot !.;ill aot be liable for payment of any por. F.ioh of any such loans. I o. the performance of any necessary matters set forth do Ole Declaration or amendments thereof. 99CTION 13 . , _ `LIAB1113 V OR THE B9= OF DIRPsCTQi2S : The members of the Board of Directors shall not be liable to the Association or any of its members for any mistake of judgment, negligence, or otherwise, except for their own individual willful misconduct or bad faith. The members of the Association shall indemnify and hold harmless each member of the Board of Directors against all contractual liability to others arising out of con- tracts made by the Board of Directors on behalf of the Association unless any such contract .shall have been made in bad faith or 4bontraxy to the provisions of the Articles of Incorporation, the Declaration or these By -Laws. It is intended that the members of the Board of Directors shall have no personal liability with respect to any contract made by them on behalf of the Association. it is also intended that the liability of any member of the Association arising out of any contract made by the Board of Directors or out of the indemnity in favor of the members of the Board of Directors shall be limited to such proportions of the total liability thereunder as his interest in the Association bears to the interest of all members of the Association in the Association. Every agreement made by the Board of Directors on. }behalf of the Association shall provide that the members of the Board of Directors are acting only as agents for the Association and shall have no personal liability thereunder (except as members wt the Association), and that each member of the Associationle liability thereunder shall be limited to such proportion of the total liability thereunder as his interest in the Association bears to the interest of all members in the Association. FIMITY BONDS: ThE 20&1-I of.. Directors may obtain fidelity bonds ,as provided in the Declaration. Officers 0ES1ORA=" : The principal officers of the Association shah be. the President, the secretary and such Vice �c.r :,c''.•:...�o, if any, and a Treasurer, if .any, all of whom shall be alected !v the Board of Directors. The Board of Directors may appoint an Assistant Treasurer �:,:_n.d Assistant Secretary, and such 10 other officers as in its judgment may be necessary. The President must be a member of the Board of Directors. :All other officers T. deed not be members of the Board of Directors nor _t men er of LWa kasociation. SECTION 2 .. - ELEgJJQ T OF OFFICERS: Officers shall be elected annually by the Board of Directors at the organi a.Licinal Meeting of each new Board of Directors and shall hold office at the pleasure of the Board of Directors and until their successors are elected. SSECTI 33, - REMOVAL OF OFFICERS: Upon the affirmative vote of a majority oZ the mvainb ns of n:e Assoc iat ioa clx nienlbers of the BCSek.rd of Directors a e tip. fic-4v -m-a 7 '.D•E' "r--aKn rzt6;, either with or without ratswiie, aixl .h--Is may be. elected at any reg-ula raeeuira4 of the Board of Wrsctore at >a.xty special of the �zivaru o: li:rec°:tcY-:s called for such purpose. SECTION 4. •- PRESIDENT: The President shall he the chief executive officer of the Association. He shall preside at all meetings or the membership and at all meetings of the Board of Directors. He shall have all of ., ae general ;poiviers and dories which are incident to the office Wiz: JR-raside-3ac of .a r[r-x ,vAct L 6rgani7,€d, under the r` nsuieas Lav ai n,Jr 1_i2" Si .F1'i-y Qf VG:�' A? .'aro.'-U.ka, including, but not limited to, the power to appoint f rolri among the membership any committee which he deems appropriate '.:o assist in the conduct of the affairs of the Association. SECTION 5_, VI99• PRESIDENT: The Vice. President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. If neither the }Jreeidznt or Vice Pros* -'Went :is able to act, %.i'ie Board of LS.+rectoXk"v sha-1). appoint some other member of the Board of Directors to act in the place of the President, on an interim basis. The Vice President :4hal.l also perform ,sitch other duties as shall from time to time be imposed upon h-.m by the Board of Directors or by the President. a' SECTIQX 6.; SECRETARY: The Secretary shall keep the minutes bi all meati.:ngs of the members O :and the board of Directors; he §hall have charge of all. Kooks, papers, accounts and records of the board of Directors as the Board of Directors may direct; new notice of meetings of the Board and of the members, and he shall., in gcneral , perform all of the duties incidem to the o-`. f i,ce of • 11 Secretary of a corporation organized under the Business Corporation `laws of the State of North Carolina. S=TI.M 7 • JRJJ&61 : The Treasurer shall have the ]responsibility for Association funds and securities and shall be responsible for keeping full and accurate financial records and books of accounts showing all receipts avid disbursements, and for the preparation of all required financial statements. He shall be responsible for the deposit of all monies and other valuable av�Pacta it i'7hs name of the no d of in. £UCh dcposi.tO—ri.eS .as may from time to time be designated by the Board of Directors, and he shall, in general, perform all of the duties incident to the office of Treasurer of .a organ] :nerd i? dcnaY the Business .Corporation laws of the State of North Carolina. SECTION S. w COMPEWATION: No officer shall receive any ompensation from the Association for acting as such. SR=1QN 9. BUCUTION OF INSTRUMBM : All instruments, including, but not limited to, agreements, contracts, Deeds or " leases of the Association shall be executed in the name of the Association by the President or Vice President or Secretary or Assistant Secretary of the Association. All checks of the Association are to be executed by such person ^r persons as may be designated by the Hoard of Directors. SECTION 10, - LIABILITY OF THE OFFICM: The officers shell trot be liable to the. Association or any of its members for any Mistake of judgment,negligence, or otherwise, except for their own individual willful misconduct or bad faith. The members of the Association shall indemnify and hold harmless each officer against all contractual liability to others arising out of contracts made by the officers on behalf of the Association unless any such contract shall have been made in bad faith or contrary to the provisions of the Articles of xnrorporation, the Declaration or these By -Laws. It is intended that the officers shall have no personal liability with respect to any contract made by them on }.'+`aitalf of tho 1L, is aILOO i11,Ce1kdc_,i tiles:: t i-ke liability cif any member of the Association arising out of any contract made by the officers or out of the indemnity in favor of the officers shall be limited to sudh proportions of the total liability thereunder as his interest in the Association to the interest OF all members of t P_e iri the Association. Every i2 agreement made by the officers on behalf of the Association shall provide that the officers are acting only as agents for the Association and shall have no personal liability thereunder (except as members of the Association), and that each member of the Association's liability thereunder shall be limited to such proportion of the total liability thereunder as his interest in the Association bears to the interest of all members in the Association. ARTICLE V. Am,�xacttt*en t s These By -Laws may , amended in the Vollowing manner. (a) any member of the Association may propose any amendment or modification to these By -Laws by submitting the same in writing to the President ¢r Board'of Directors of the Association, (b) in order to qualify by the As?3f3C-y.eLio'!, &rri C:"fl proposed amendment tAu6t be;,- si(jnad by r7- least one OUri_h 1110 of tii;-:. owners of the f7ET['S7u3 9rtlrti in. LftF7 i£YFa Ji :i. at ion e ff l::";L�,? :+C• :Cc .�),c to"t; such proposed amendment, ths President or Board of Directors of the Association. �hmall imjjL&d:.a.tely ulio%o; the procedures outlined hereinabove under Article !I., Secr_J.on 6. , entitled SPECIAL MEETINGS, (d) any such proposed amendment or modification in order to become a part of these By -Laves must be approved by a majority a-)f teas votes of ti e members of the Association present in person or by proxy at such meeting. Notwi hstanding the above, so long as there is a Class S membership, the Veterans.Administration/Department of Housing and Urban Development have the right to veto amendizents. AR1it rr r A Conflict of Documents C in the case: of any conflict between the Articles of Incorporation and these Bylaws, the Articles of Incorporation shall control. ARTICLE VII. Miscellaneous M SECTIQN 1...- INVALIDITY: The invalidation of any provision of ,these By -Laws by any court, agency, or legislature shall in no way affect the validity of any other provision of these By -Laws, and the same shall remain in full force and effect. SBCTIQN 2. QRTIM. The captions herein used are inserted only as a matter of convenience and for reference and in no way giefine,. limit or describe the scope of these By -Laws, or the intent of any provision thereof. S_Z=I0B 3. _ GENDER: The use of the masculine gender in these By -Lams shall be deemed to include titr feminine gender and the neuter gender and the use cf the singular shall be denetneid to include the plural, whenever the context so requires. SECTION 4. - W RAINo restriction, condition, obligation, ar provision contained in these By -Laws shall be deemed to have been abrogated or waived by reason of any failure to enforce the kame, irrespective of the number .of violations or breaches thereof which may occur. FISCAL YEAR: The fiscal year of the Association ! shall be the calendar year. i c 6 SECTION 6. - SEAL: The seal of the Association shall 'bbe iD t such form as shall be approved from time to time by the Board of s Directors of the Association. s IN WITNESS WHEREOF, the :Directors of the Association do hereby certify that this is a true copy of the duly enactrree�cd�st By -Laws of MASONBORO WOODS AMENITIES ASSOCIATION, this -1M_ day of 2003 I 14 STATE OF NORTH CAROLIM, COUNTY OF NEW ifIAN'OVER Notary Public of the y of and State a# c resaid, do hereby certify that MAURICE S. EMMAxZT, +SR. personally came before me this day and acknowledged that he is the Director of Masonboro Woods. Amenities Association, and that, bit duly gi'v ,.' acid as the act of the corporation, the foregoing instrument was sig-nod in its x:arrte by said Director. , i NE S my hared aad notarial seal., this the _ day of 2002. icy '`e�e;�r«2sMion Expires: (?AFFIX NOTARIAL SEAL) /NASNBWJDs.0 HOA 0 O a is ry Public Non -Transfer Application Completeness Review Checklist Project Name: 1443-4"08-D2 0 ul— r3S 4&i h)f Iic 5 G,&,.�E iie 5 Project County/Location: �wf^ f 7k_Et.�IQIQvvi Permit Action: New New Permit #Z: _ E]Not located in the ETJ of the following delegated and functioning programs: Date Delivered to WIRO: G 5 Z BIMS Received/Accepted Date: 7—/ ? 5 12- Z Date Given to Admim BIMS Acknowledged Datel: NHC: Carolina Beacn / Kure Beacn / Wilmington / Wrightsville Beach Bruns: Leland / Navassa (?) / Oak Island Cart: Emerald Isle Onsl: Jacksonville Pend: Surf amity Major Mod /Minor MpIr A Renewal Existing Permit Applicant & Permittee are the same?° Expiration Date4: Permit Type: HD /-LD / LD Overall / HD &LD Combo General Permit / Offsiite / Exempt * Redevelopment �Offske to SWS: _ Development Type: C / esidentia Other Els Offsite Lot aDlaroved it Master Permit?s Subdivided?: Single Lot Rule(s): u201 'Coastal u2008 Coastal "1995 Coastal ®Phase II ®ur,vf:rsal F-11988 Coastal Permittee Type & Documents Needed: Property owners) C jrurchaser ILessee 0HOA Developer I Viable?Viable' # OViable Viable? �jViale' ODeed i QPurchaseFr..,+ Lease QElection hnirutes Paperwork Fpplication �{, / Fee: I 1505 (within 6mo) Check.#(s): / ?� •= Supplement' (T new.form offior aiderforms: 1 original perSCM) D0&M2 FiScils Report (lnfl or PP) mCalcuiations (signedjseowd) Deed Restrictions, ,f subdixdded2 Project Narrative QNo Fee "U%S Map (or on frle?) Subject to SA?: Y / N Subject to ORW?: Y / N Plans (2 Sets) IEnter RIMS Acknowledged Date on this Sheet 'For New Projects -Enter New Permit # on Supplements & Deed Restriction Templates. 3 If permittee is different, STOP. Needs to be transferred first. "If w/in 6 months and they are requesting a mod, STOP. Needs a renewal first 1If Lot nct approved in master uermit, S T OP. Master permit needs mod. EMAILED ENGINEER DATE: REVIEWER NAME: CIS, r�E Comments: G:WQ\\\Reference Llbrarv\Procedures\Checklists\Completeness Review Checklist 202109 08 Burd, Tina J From: Burd, Tina J Sent: Tuesday, March 1, 2022 1.0:27 AM To: dibarkman@ec.rr.com Subject: SW8 931105 Greenbriar South, Masonboro Woods and Madison Place at Masonboro Woods The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Renewal Application and $505.00 fee for the subject project on February 25, 2022. The project has been assigned to Ashley Smith and you will be notified if additional information is needed. Best Regards, Tina Burd Administrative Associate II Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 E::rrlaii correspondence ro and frejnthis address is SeIjyect to th, lllerth C, ,r ra Public Records Lave and may be discloses` third parties. Website: httr)://dea.nc.eov/about/divisions/`eneriy-mineral-land-resources/stormwater Based on the current guidance to minimize the spread of COVID-i9, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time.