WQ0045002_Application (FTSE)_20231113

&C4;V¢p 1t1/3/2ez3 State of North Carolina
DWR g i i n % epartment of Environmental Quality
r¢-cei'�Q� Z���7h°�3 Division of Water Resources
FAST TRACK SEWER SYSTEMEXTENSION APPLICATION
Division of Water Resources FTA 10-23& SUPPORTING DOCUMENTATION
Application Number: hyf� ��(T�j� (to be comp1,t d by DWR)
All items must be completed or the application will be returned
I. APPLICANT INFORMATION:
I. Applicant's name: Wheeler Ave. HOA (company, municipality, HOA, utility, etc.)
2. Applicant type: ❑ Individual ❑ Corporation ❑ General Partnership ❑ Privately -Owned Public Utility
❑ Federal ❑ State/County ❑ Municipal ® Other
3. Signature authority's name: Jacob C. Mullins per 15A NCAC 02T .0106(b)
Title: President
4. Applicant's mailing address: 1000 21 ". Ave.
City: Myrtle Beach State: SC Zip: 29577-
5. Applicant's contact information:
Phone number: [phone] Email Address: jacob o newsouthps.com
I I = 9 "T1111t[411Ill 101143113r%01110
1. Project name: Wheeler Ave. Failing System
2.. Application/Project status: ® Proposed (New Permit) ❑ Existing Permit/Project
If a modification, provide the existing permit number: W000 and issued date: ,
For modifications, also attach adetailed narrative description as described in Item G of the checklist.
If new construction, but part of a master plan, provide the existing permit number: W000
3. County where project is located: Guilford
4. Approximate Coordinates (Decimal Degrees): Latitude:35.94255° Longitude:-79.99515°
5. Parcel ID (if applicable): 174445(or Parcel ID to closest downstream sewer)
III. CONSULTANT INFORMATION:
I. Professional Engineer: Charles D. Huffme License Number: NC 24924
Firm: THE L.E.A.D.S. Group, PA
Mailing address: 505 East Davis Street
City: Burlington State: NC Zip: 27215-
Phone number: 3( 36) 227-8724 Email Address: [e-mail]
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1. Facility Name: EAASTSIDE W WTP Permit Number: NCO024210
Owner Name: High Point
V. RECEIVING DOWNSTREAM SEWER INFORMATION:
I. Permit Number(s): WQNC0024210
2. Downstream (Receiving) Sewer Information: 15 inch XGravity ❑Force Main
3. System Wide Collection System Permit Number(s) (if applicable): WQCS00010
Owner Name(s): High Point
FORM: FTA 10-23 Page 1 of 5

VI. GENERAL REQUIREMENTS
1. If the Applicant is a Privately -Owned Public Utility, has a Certificate of Public Convenience and Necessity been attached?
❑ Yes [-]No ®N/A
2. If the Applicant is a Developer of lots to be sold, has a Developer's Operational Agreement (FORM: DEV) been attached?
❑ Yes ❑No ®N/A
3. If the Applicant is a Home/Property Owners' Association, has an HOA/POA Operational Agreement (FORM: HOA)and
supplementary documentation as required by 15A NCAC 02T.0I 15(c) been attached?
® Yes ❑No ❑N/A
4. Origin of wastewater: (check all that apply):
®Residential(Individually Owned) ❑Retail (stores, centers, malls) ❑Car Wash
❑Residential (Leased) ❑Retail with food preparation/service ❑Hotel and/or Motels
❑ School / preschool / day care ❑Medical / dental / veterinary facilities ❑Swimming Pool/Clubhouse
❑Food and drink facilities ❑Church ❑Swimming Pool/Filter Backwash
❑ Businesses / offices / factories ❑Nursing Home ❑Other (Explain in Attachment)
5. Nature of wastewater : % Domestic % Commercial % Industrial (See 15A NCAC 02T .0103(20))
If Industrial, is there a Pretreatment Program in effect?❑ Yes ❑ No
6. Hasa flow reduction been approved under 15A NCAC 02T .0114(f)? ❑ Yes ❑ No
➢ If yes, provide a copy of flow reduction approval letter with this application
7. Summarize wastewater generated by project:
Establishment Type (see 02T.0114(f))
Daily Design Flow °'"
No. of Units
Flow
SF Residence @ 2 Bedrooms
240 gal/day
4
960 GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Total
960 GPD
a See 15A NCAC 02T .0114(b). (d). (e)(1) and (e)(2) for caveats to wastewater design flow rates (i.e. proposed unknown
non-residential development uses; public access facilities located near high public use areas; and residential property
located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals as defined in G.S. 42A-4).
b Per 15A NCAC 02T .0114(c), design flow rates for establishments not identified [in table 1 SA NCAC 02T.01141 shall
be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data.
8. Wastewater generated by project: _ GPD (per 15A NCAC 02T .0114 and G.S. 143-215.1)
➢ Do not include future flows or previously permitted allocations
If permitted flow is zero, please indicate why:
❑Pump Station/Force Main or Gravity Sewer where flow will be permitted in subsequent permits that connect to this line.
Please provide supplementary information indicating the approximate timeframe for permitting upstream sewers with flow.
❑Flow has already been allocated in Permit Number: Issuance Date:
❑ Rehabilitation or replacement of existing sewers with no new flow expected
❑ Other (Explain):_
FORM: FTA 10-23 Page 2 of 5

VII. GRAVITY SEWER DESIGN CRITERIA (If Applicable) - 02T .0305&MDC (Gravity Sewers):
1. Summarize gravity sewer to be permitted:
Size (inches)
Length (feet)
Material
8
100
pvc
8
40
pvc
➢ Section 11 & Ill of the MDC for Permitting of Gravity Sewers contains information related to design criteria
➢ Section Ill contains information related to minimum slopes for gravity sewers)
➢ Oversizing lines to meet minimum slope requirements is not allowed and a violation of the MDC
VIII. PUMP STATION DESIGN CRITERIA (If Applicable) —02T .0305&MDC (Pump Stations/Force Mains):
PROVIDEA SEPARATE COPY OF THIS PAGEFOR EACH PUMP STATION INCLUDED IN THIS PROJECT
1. Pump station number or name:
2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude: - °
3. Total number of pumps at the pump station:
3. Design flow of the pump station: millions gallons per day (firm capacity)
➢ This should reflect the total GPM for the pump station with the largest pump out of service.
4. Operational point(s) per pump(s): gallons per minute (GPM) at feet total dynamic head (TDH)
5. Summarize the force main to be permitted (for this Pump Station):
Size (inches) Length (feet) Material
If any portion of the force main is less than 4-inches in diameter, please identify the method of solids reduction per
MDCPSFM Section 2.01 C.l.b. ❑ Grinder Pump ❑ Mechanical Bar Screen ❑ Other (please specify)
6. Power reliabilityin accordance with 15A NCAC 02T .0305(h)(1):
❑ Standby power source or []Standby pump
➢ Must have automatic activation and telemetry - 15A NCAC 02T.0305(hXIXB);
➢ Required for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
➢ Must be permanent to facilityand may not be portable
Or if the pump station has an average daily flow less than 15,000 gallons per day 15A NCACO2T.0305(hXI XQ:
❑ Portable power source with manual activation, quick -connection receptacle and telemetry -
or
❑ Portable pumping unit with plugged emergency pump connection and telemetry:
➢ Include documentation that the portable source is owned or contracted by the applicantand is compatible with thestation.
➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations'
storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall be
provided as part of this permit application in the case of a multiple station power outage.
FORM: FTA 10-23 Page 3 of 5

IX. SETBACKS & SEPARATIONS — (02B .0200&15A NCAC 02T .0305(f)):
1. Does the project comply with all separations/altematives found inl5A NCAC 02T .0305(fl & (g)? ❑ Yes ❑ No
15A NCAC 02T.0305 contains minimum separations that shall be provided for sewers stems:
Setback Parameter*
Separation Required
Storm sewers and other utilities not listed below (vertical)
18inches
'Water mains (vertical -water over sewer preferred, including in benched trenches)
18 inches
'Water mains (horizontal)
10 feet
Reclaimed water lines (vertical - reclaimed over sewer)
18 inches
Reclaimed water lines (horizontal - reclaimed over sewer)
2 feet
"Any private or public water supply source, including any wells, WS-I waters of Class I or
Class 11 impounded reservoirs used as a source of drinking water, and associated wetlands.
100 feet
"*Waters classified WS (except WS-1 or WS-V), B, SA, ORW, HQW, or SB from normal
high water (or tide elevation) and wetlands associated with these waters (see item IX.2)
50 feet
"Any other stream, lake, impoundment, or ground water lowering and surface drainage
ditches, as well as wetlands associated with these waters or classified as WL.
10 feet
Any building foundation (horizontal)
5 feet
Any basement (horizontal)
10 feet
Top slope of embankment or cuts of 2 feet or more vertical height
10 feet
Drainage systems and interceptor drains
5 feet
Any swimming pools
10 feet
Final earth grade (vertical)
36 inches
➢ If noncompliance with 02T.0305(fl or (a), see Section X.I of this application
"15A NCAC 02T.0305(g,) contains alternatives where separations in 02T.0305(fl cannot be achieved. Please check "yes"
above if these alteratives are used and provide narrative information to explain.
"Stream classifications can be identified using the Division's NC Surface Water Classifications weboage
2. Does this project comply with the minimum separation requirements for water mains? ❑ Yes ❑ No ® N/A
➢ If no, please refer to 15A NCAC 18C.0906(f) for documentation requirements and submit a separate document,
signed/sealed by an NC licensed PE, verifying the criteria outlined in that Rule.
3. Does the project comply with separation requirements for wetlands? ❑ Yes ❑ No ® N/A
➢ Please provide supplementary information identifying the areas of non-conformance.
➢ See the Division's draft separation requirements for situations where separation cannot be met.
➢ No variance is required if the alternative design criteria specified is utilized in design and construction.
4. Is the project located in a river basin subject to any State buffer rules? ® Yes Basin name: Randehnan ❑ No
If yes, does the project comply with setbacks found in the river basin rules per 15A NCAC 02B .0200? ® Yes❑ No
➢ This includes Trout Buffered Streams per 15A NCAC 2B.0202
5. Does the project require coverage/authorization under a 404 Nationwide/individual permits ® Yes [--]No
or 401 Water Quality Certifications?
➢ Please provide the permit number/permitting status in the cover letter if coverage/authorization is required.
6. Does project comply with 15A NCAC 02T.0I05(c)(6) (additional permits/certifications)? ® Yes[—] No
Per 15A NCAC 02T.0105(c)(6), directly related environmental permits or certification applications must be being prepared,
have been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion
and sedimentation control plans, stormwater management plans, etc.).
7. Does this project include any sewer collection lines that are deemed "high -priority?" ❑ Yes ® No
Per 15A NCAC 02T.04021 "high -priority sewer" means any aerial sewer, sewer contacting surface waters,
siphon, or sewers positioned parallel to streambanks that are subject to erosion that undermines or deteriorates the sewer.
Siphons and sewers suspended through interference/conflict boxes require a variance approval
➢ If yes, include an attachment with details for each line, including type (aerial line, size, material, and location).
High priority lines shall be inspected by the permittee or its representative at least once every six -months and
inspections documented per 15A NCAC 02T.0403(a)(5) or the permittee's individual System -Wide Collection permit.
FORM: FTA 10-23 Page 4 of 5

X. CERTIFICATIONS:
1. Does the submitted system comply with 15A NCAC 02T, the Minimum Design Criteria for the Permitting of Pump Stations
and Force Mains (latest version), and the Gravity Sewer Minimum Design Criteria (latest version) as applicable?
® Yes ❑ No
Ifno, for projects requiring a single variance, complete and submit the Variance/Alternative Design Request application
(VADC 10-14) and supporting documents for review to the Central Office.Aporoval of the request will be issued
concurrently with the approval of the permit, and projects requiring a variance aooroval may be subject to Ionizer
review times. For projects requiring two or more variances or where the variance is determined by the Division to be
a significant portion of the project, the full technical review is required.
2. Profes 'onal Engineer's Certification:
I, attest that this application for 01t.
(P sional Engineer's name from Application Item I11.1.) (Project Name from Application Item II.1)
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans,
specifications, engineering calculations, and all other supporting documentation to the best of my knowledge.) further
attest that to the best of my knowledge the proposed design has been prepared in accordance with the applicable regulations,
Minimum Design Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track
Permitting of Pump Stations and Force Mains (latest version). Although other professionals may have developed certain
portions of this submittal package, inclusion of these materials under my signature and seal signifies that I have reviewed this
material and have judged it to be consistent with the proposed design.
NOTE— In accordance with General Statutes 143-215.6A and 143-215.613, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation. Misrepresentation of the
application information, including failure to disclose any design non-compliance with the applicable Rules and design
criteria, may subject the North Carolina -licensed Professional Engineerto referral to the licegs}a'g`l *d gl.,NCAC 56.0701)
North Carolina Professional Engineer's seal, signature, and date:
3. Applicant's Certification perl5A NCAC 02T .0106(b): I
I AJ,r fhYitJ-. a - I �, attest that this application for JLJ "d,L.
(Signature Authority Name from Al5plication Item 1.3.) (Project Name from Application Item II.1)
attest that this application has been reviewed by me and is accurate and complete to the best of my knowledge.
I understand that if all required parts of this application are not completed and that if all required supporting documentation
and attachments are not included, this application package is subject to being returned as incomplete. 1 understand that any
discharge of wastewater from this non -discharge system to surface waters or the land will result in an immediate enforcement
action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the
Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this
application package are not completed and that if all required supporting information and attachments are not included, this
application package will be returned to me as incomplete.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.613, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
/9 Signature: Date: /2 7 • A.o2-3
FORM: FTA 10-23 Page 5 of 5

State of North Carolina
Department of Environmental Quality
Division of Water Resources
ME Department of
Environmental Quality
Received 10
DEC 0 8 2023
Mow Tacking for Sewer Extension Applications
f)Ivlsion of Water Resowr (FISElal>i) Winston-Salem
Regonal Office
Fidity Requesting Allocation: HighPoinnNC
Project Nam: for which flow is being requested: Wheeler Ave. Failing System Sewer
More than one F7SE ntay be inquired for a single project if the owner of the WWTP is not responsihle for all pump stations along the
route of the proposed rawt ewaterflo w
1. Complete this section only ifyou are the owner ofthe wastewater ortar ent plart.
a. W M Facility name: Eastside W WfP
b. W WIP Facility Permit N: NC0024210
c. W WIP fackyts Permitted flow
d. Estimated obligated flow not yet tributary to the W WIP
e. W WfP fads actual average flow
f Total Bow for dais specific request
g Total actual and obligated flows to the facility
It. Percent of permitted flow used
All flows are in MGD
26
2.6221
14.92
0.001
17.5431
67.47%
11. Complete this section for each pump station your are responsible for along to route of this proposed wastewater flow
List pump station located between the project connection ports and the W WIP.
(A) (B) (C) (D)=O+-C) (E(A-D)
Pump Pump Finn
Obligated Total Current
Station Finn Average Daily Current Not Yet Flow Phu Available
Station
(Name or Station
Capacity, * Fbw** Avg Daily Tributary Obligated Capacity**'
Number) Permit MGD (Fittt'pf) Flow Daily Flow Flow MGD
MGD MGD MGD MGD
*The Fkm Capacity of any pump station is defined as the ma ximun pumped flow that can be
achieved with the largest pump taken out of service.
** Design Average Daffy Flow is the funs capacity of the pump station divided by a peaking factor (pt)
not less than 2.5, per Section 2.02(A)(4)(c) of the Minimum Design Criteria.
*** A Planning Assessment Addendum ARE be attached for each pump station located between the
project connection point and the W WTP where the Available Capacity is <_ 0.
DowrstreamFacil4yName(Sewer): Eastside VAV P
Downstream Permit Nu nber (Sewer): N00024210
Page 1 of 6
FTSE10-18

s 41
III. Certification Statement
I, Derrick Boone, certify to the best ofmy knowledge that the addition ofthe volume of
wastewater to be pemitted in this project has been evaluated along the route to the receiving wastewater
treatnent facility and that the flow from this project is not anticipated to cause any capacity related sanitary
sewer overflows or overburden any dowmtreampmrp station en route to the receiving treatment plant
under moral chmu stances, given the inplementation ofthe planned inprovenents identified in the
planning assessment where applicable. This analysis has been performed in accordance with local
established policies and procedures using the best available data. This certification applies to those items
listed above in Sections I and II plus all attached planning assessment addendum; for which I am the
responsible party. Signature of this form indicates acceptance of dais wastewater lbw.
a q: 9&&91
Signing Official Signature
hh
Title ofsigrvrg Official
Assistant Public Services Director
ir1f►A
10/13/23
Page 2 of 6
FISE 10-18

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Location of Project: Wheeler Ave. High Point, North Carolina.

NC Department of
Environmental Quality
Received
N riv 13 2023
Items in this submittal includeNinston-Salem
Narrative Regional Office
Application
Flow Acceptance
HOA and ownership information
Mapping
Fee Check
DWQ
$480.00
The LEADS Group, PA No. 5931
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State of North Carolina
)epaltrnent of
,mental Quality,
Received -a
ii'ZC 0 8 2023
Department of Environmental Quality
Division of Water Resources
Winston-Salem f PAST TRACK SEWER SYSTEMEXTENSION APPLICATION
Division of Water Resources ReVf18XM'6ffi1 * FOR FORM:FTA 10-23& SUPPORTING DOCUMENTATION
This application is for sewer extensions involving gravity sewers, pump stations and force mains, or any combination that has been
certified by a professional engineer and the applicant that the project meets the requirements of 15A NCAC 02T and the Division's
Minimum Design Criteria (Gravity Sewer&Pump Stations/Force Mains) and that plans, specifications and supporting documents
have been prepared in accordance withl5A NCAC 02T, 15A NCAC 02T .0300,Division policies, and good engineering
practices.
While no upfront engineering design documents are required for submittal, in accordance with 15A NCAC 02T .0305(b), design
documents must be prepared prior to submittal of a fast track permit application to the Division. This would include plans, design
calculations, and project specifications referenced in 15A NCAC 02T .0305 and the applicable minimum design criteria. These
documents shall be immediately available upon request by the Division.
Projects that are deemed permitted (do not require a permit from the Division) are explained in 15A NCAC 02T.0303.
Projects not eligible for review via the fast track process (must be submitted for full technical review):
➢ Projects that do not meet any part of the minimum design criteria (MDC) documents;
➢ Projects that involve more than one variance from the requirements of 15A NCAC 02T;
➢ Pressure sewer systems utilizing simplex septic tank -effluent pumps (STEPS) or simplex grinder pumps;
➢ Simplex STEP or simplex grinder pumps connecting to pressurized systems (e.g. force mains);
➢ Vacuum sewer systems.
General — When submitting an application, please use the following instructions as a checklist in order to ensure all required items are
submitted. Adherence to these instructions and checking the provided boxes will help produce a quicker review time and reduce the
amount of requested additional information. Failure to submit all required items will necessitate additional processing and review
time, and may result in return of the application. Unless otherwise noted, the Applicant shall submit one original and one copy of
the application and supporting documentation.
A. One Original and One Copy (second copy may be digital) of Application and Supporting Documents
® Required unless otherwise noted. Signatures on original must be "wet ink" or secure digital signatures.
Please do not submit engineering design plans with the application unless specifically requested.
B. Cover Letter/Narrative Description (Required for All Application Packages):
® List all items included in the application package, as well as a brief description of the requested permitting action.
➢ Be specific as to the system type, number of homes served, flow allocation required, etc.
➢ Include the permit number/status of any other required sewer permits (downstream/upstream)
➢ if necessary for clarity, include attachments to the application form.
C. Application Fee (All New and Modification Application Packages):
M Submit a check or money order in the amount of$600.00,dated no more than 90 days prior to application submittal.
➢ Payable toNorth Carolina Department of Environmental Quality (NCDEQ)
D. Fast Track Application (Required for All Application Packages, Form FTA 10-23):
® Submit the completed and appropriately executed application.
➢ If necessary for clarity or due to space restrictions, attachments to the application may be made.
❑ If the Applicant Type in Item 1.2 is a corporation or company, provide documentation it is registered for business with the
North Carolina Secretary of State.
❑ If the Applicant Type in Item 1.2 is a partnership or d/b/a, enclose a copy of the certificate filed with the Register of Deeds in
the county of business.
® The ProjectName in Item II.1 shall be consistent with the project name on theflow acceptance letters, agreements, etc.
® The Professional Engineer's Certification on Page 5 of the application shall be signed, sealed and dated by a North Carolina
licensed Professional Engineer.
INSTRUCTIONS FOR FORM: FTA 10-23& SUPPORTING DOCUMENTATION Pagel of 3

® The Applicant's Certification on Page 5 of the application shall be signed in accordance with 15A NCAC 02T .0106(b). Per
15A NCAC 02T .0106(c), an alternate person maybe designated as the signing official if a delegation letter is provided from
a person who meets the criteria in 15A NCAC 02T .0106(b).
INSTRUCTIONS FOR FORM: FTA 10-23& SUPPORTING DOCUMENTATION Page 2 of 3

E. Flow Tracking/Acceptance Form (Form: FTSE 10-23) (If Applicable):
® Submit the completed and executed FTSE form from theowners of the downstream sewers and treatment facility.
➢ Multiple forms maybe required where the downstream sewer owner and wastewater treatment facility are different.
➢ The flow acceptance indicated in form FTSE must not expire prior to permit issuance and must be dated less than one year
prior to the application date.
➢ Submittal of this application and form FTSE indicates that owner has adequate capacity and will not violate G.S. 143-
215.67(a).
➢ Intergovernmental agreements or other contracts will not be accepted in lieu of a project -specific FTSE.
F. Site Maps (All Application Packages):
® Submit an 8.5-inch x 11-inch color copy of a USGS Topographic Map of sufficient scale to identify the entire project area,
including the closest surface waters.
➢ General location of the project components (gravity sewer, pump stations,& force main)
➢ Downstream connection points and permit number (if known) for the receiving sewer
® Include an aerial location map showing general project area (such as street names or latitude/longitude) so that Division staff
can easily locate it in the field.
G. Existing Permit (Application Packages for Modifications to an Existing Permit):
❑ Submit a copy of the most recently issued existing permit.
❑ Include a descriptive and clear narrativeidentifying the previously permitted items to remain in the permit, items to
be added, and/or items to be modified (the application form itself should include only include items to be added/modified).
The narrative should also include whether any previously permitted items have been certified.
❑ The narrative should clearly identify the requested permitting action and accurately describe the sewers to be listed in
the final permit.
H. Power Reliability Plan (Required if portable reliability option utilized for Pump Station):
❑ Per 15A NCAC 02T .0305(h)(1), submit documentation of power reliability forpumping stations.
➢ This alternative is only available for average daily flows less than 15,000 gallons per day
➢ It shall be demonstrated to the Division that the portable source is owned or contracted by the applicant and is compatible
with the station. The Division will accept a letter signed by the applicant (see 15A NCAC 02T .0106(b))or proposed
contractor, stating that "the portable power generation unit or portable, independently -powered pumping units, associated
appurtenances and personnel are available for distribution and operation of this pump station."
➢ If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations'
storage capacities and the rotation schedule of the portable power source or pump, including travel timeframes, shall
be provided in the case of a multiple station power outage. (Required at time of certification)
1. Certificate of Public Convenience and Necessity (All Application Packages for Privately -Owned Public Utilities):
❑ Per 15A NCAC 02T .0115(a)(1) provide the Certificate of Public Convenience and Necessity from the North Carolina
Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served by the
sewer extension, or
❑ Provide a letter from the North Carolina Utilities Commission's Water and Sewer Division Public Staff stating an application
for a franchise has been received and that the service area is contiguous to an existing franchised area or that franchise
approval is expected.
J. Operational Agreements (Applications from HOA/POA and Developers for lots to be sold):
® Home/Property Owners' Associations
❑ Per 15A NCAC 02T .0115(c), submit the properly executed Operational Agreement (FORM: HOA).
❑ Per 15A NCAC 02T .0115(c), submit a copy of the Articles of Incorporation, Declarations and By-laws.
❑ Developers of lots to be sold
❑ Per 15A NCAC 02T .0115(b). submit the properly executed Operational Agreement (FORM: DEV).
For more information, visit the Division's collection systems website
INSTRUCTIONS FOR FORM: FTA 10-23& SUPPORTING DOCUMENTATION Page 3 of 3

THE COMPLETED APPLICATION PACKAGE INCLDING ALL SUPPORTING INFORMATION AND
MATERIALS, SHOULD BE SENT TO THE APPROPRIATE REGIONAL OFFICE:
REGIONAL OFFICE
ADDRESS
COUNTIES SERVED
Asheville Regional Office
2090 US Highway 70
Avery, Buncombe, Burke, Caldwell, Cherokee,
Water Quality Section
Swannanoa, North Carolina 28778-8211
Clay, Graham, Haywood, Henderson, Jackson,
[phone]
Macon, Madison, McDowell, Mitchell, Polk,
[phone] Fax
Rutherford, Swain, Transylvania, Yancey
Fayetteville Regional Office
225 Green Street Suite 714
Anson, Bladen, Cumberland, Harnett, Hoke,
Water Quality Section
Fayetteville, North Carolina 28301-5095
Montgomery, Moore, Robeson, Richmond,
[phone]
Sampson, Scotland
[phone] Fax
Mooresville Regional Office
610 E. Center Avenue
Alexander, Cabarrus, Catawba, Cleveland,
Water Quality Section
Mooresville, North Carolina 28115
Gaston, Iredell, Lincoln, Mecklenburg, Rowan,
[phone]
Stanly, Union
[phone] Fax
Raleigh Regional Office
3800 Barrett Drive
Chatham, Durham, Edgecombe, Franklin,
Water Qualitv Section
Raleigh, North Carolina 27609
Granville, Halifax, Johnston, Lee, Nash,
[phone]
Northampton, Orange, Person, Vance, Wake,
[phone] Fax
Warren, Wilson
Washington Regional Office
943 Washington Square Mail
Beaufort, Bertie, Camden, Chowan, Craven,
Water Quality Section
Washington, North Carolina 27889
Currituck, Dare, Gates, Greene, Hertford, Hyde,
[phone]
Jones, Lenoir, Martin, Pamlico, Pasquotank,
[phone] Fax
Perquimans, Pitt, Tyrrell, Washington, Wayne
Wilmington Regional Office
127 Cardinal Drive Extension
Brunswick, Carteret, Columbus, Duplin, New
Water Qualitv Section
Wilmington, North Carolina 28405
Hanover, Onslow, Pander
[phone]
[phone] Fax
Winston-Salem Regional Office
450 W. Hanes Mill Road
Alamance, Allegheny, Ashe, Caswell, Davidson,
Water Quality Section
Suite 300
Davie, Forsyth, Guilford, Rockingham, Randolph,
Winston-Salem, North Carolina 27105
Stokes, Surry, Watauga, Wilkes, Yadkin
[phone]
[phone] Fax
INSTRUCTIONS FOR FORM: FTA 10-23& SUPPORTING DOCUMENTATION Page 4 of 3

1A-7•.2,o7..?
ROY COOPER
Go cr
ELIZABETH S. BISER
Secretory
RICHARD E. ROGERS, JR.
Director
The L.E.A.D.S. Group, PA
Attn: Charles D. Huffine, PE
505 East Davis Street
Burlington, NC 27215
I
NORTH CAROLINA
Environmental Quality
November 15, 2023
SUBJECT: RETURN FAST TRACK SEWER SYSTEM EXTEP
Project: Wheeler Ave. Failing System Sewer
Guilford County
Mr. Huffine,
We received the subject permit application on November ]
must be made before we can process the application and i
C_ I ' 1►.1 s-I s 4g"
1. An old version of the application, FTA 06-2lwes-
the most current version of the applica ' , FTA 10-23, ich you can find here:
https://www.deg. nc.aov/a bout/divisions/water-resourceslpermitti na/m unicipa I-nodes-
pretreatment-and-collection-system/collection-systems/sewer-extension-perm ittina
2. Question 3 in Section Von page 1 of the application should list the permit number for the
----�feceiving wastewater co s stem. If this is the City of High Point, their collection
system permit num Is WQCS00010. /
3. The flow table inquest) I, on page 2 of the application should sp c' 240 �9/�L��,� n
gallons per day in the "Design Flow Column", which is equivalent to 120 41,11 ��'
gallons/day/bedroom, as given in 15A NCAC 02T .0114(b).
4. The-AVplicant's Certification in item 3 of Section X on page 5 MUST be signed by the
applicant, a% r Mitllinc as is indicated in Section I on page one of the application.
5. perational agreement, as required in Section J. on Pag 2 of the Instructions for Form
rovided with the
on
age.
6. fi is olina's2023 Appropriations lActlSess Session Law 2o�34 (effete ctiv ly 1, 2023)
included an increase for fast -track sewer extension permit fees from $480 to $600. We
—safe returning your $48Q check along with the application. Please resubmit payment of the
new permit fe 600 for 1 project along with the corrected application.
Please note that the item(s) listed above must be included and/or completed prior to
resubmitting the permit application package for approval. Your application is being returned as
A_Pw�
NorthC SaleDegiomentof 1450 menu) Qucliry I Division01Water R-Sale a
Wiroton-Sekm Rcgioml Ofllce <SO W. Hann Mill Rd. Suite 300 I Wimton.$e1em, Nrth Cemlim ]'II05
336.776.9900

STATE OF NORTH CAROLINA
COUNTY OF �)�� Permit No.
HOME/PROPERTY OWNERS' OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dI) and entered into this day of
, by and between the North Carolina Environmental Management
an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
, a non-profit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
The ASSOCIATION was formed for the p se, among others, of handling the property, affairs and
business of the development known as Ma" A f r `' 3zg, W&m w
(hereinafter the Development); of operating, maintaining, re -constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and
repair.
2 The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the dwellings units, other improvements and
lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter47C
or 47F of the North Carolina General Statutes.
5. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed,
maintained and operated in accordance with law and permit provisions in order to protect the quality of the
waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto,
the COMMISSION and ASSOCIATION do hereby mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the
Disposal System in accordance with the permit and plans and specifications hereafter issued and approved
by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in
accordance with applicable permit provisions and law.
2 The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures bythe Association except for Federal, State, and local taxes and insurance.
FORM: HOA 03-19 Page 1 of 2

3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain, or construct the Disposal System beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of
the yearlybudget.
4. In the event the common expense allocation and separate fund(s) are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made
as necessary at anytime.
5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit mayrequire as condition of accepting the Development's wastewater.
6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall
provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution
without first having transferred its said system and facilities to some person, corporation or other entity
acceptable to and approved by the COMMISSION bythe issuance of a permit.
7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
ASSOCIATION'S successor.
8 The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
S. Daniel Smith
Director, Division of Water Resources
(Date)
Name ofASSOCIATION
/.� Li —(Signature) I
JPrint Name and Title
FORM: HOA 03-19 Page 2 of 2
1i4- / "Zp yi
(Date)

M
M
ARTICLES OF INCORPORATION
OF
WHEELER AVE HOMEOWNERS ASSOCIATION, INC.
a North Carolina Nonprofit Corporation
In compliance with the requirements of Chapter 55A of the North Carolina General
Statues, the undersigned, a natural person of full age, has this day executed these Articles of
Incorporation for the purposes of forming a non-profit corporation and hereby certifies:
ARTICLE I
The name of the corporation is Wheeler Ave Homeowners Association, Inc., herein
"Association" and/or "Corporation."
ARTICLE H
The principle office of the Association is located at 1000 21st Ave. N, Suite 3, Myrtle
Beach, South Carolina 29577
27262.
The registered office of the Association is located at 1026 Hutton Lane, High Point, NC
ARTICLE III
Truman Barker, whose address is 1026 Hutton Lane, High Point, Guilford County, North
Carolina 27262 is hereby appointed the initial Registered Agent of this Association.
ARTICLE IV
This Association does not contemplate pecuniary gain or profit to the members thereof
and no part of the Association's net income shall inure to the benefit of any of its officers,
directors or members or any other private individual. The purposes and objects of the corporation
shall be to administer the operation and management of Wheeler Ave Townhomes, herein
"Townhomes," a residential townhome development to be established in accordance with the
laws of the State of North Carolina upon property situated in the High Point, Guilford County,
North Carolina; to undertake the performance of the acts and duties incident to the administration
of the operation and management of said Townhomes in accordance with the terms, provisions,
conditions, and authorizations contained in these Articles of Incorporation, the Corporations
Bylaws to be adopted and the Declaration of Covenants, Conditions and Restrictions for the
Townhomes to -lie adopted and recorded in the Register of Deeds of Guilford County, North
Carolina; and to own, operate, lease, sell, trade and otherwise deal with such property, whether
real or personal, as may be necessary or convenient in the administration of the Townhomes, all
subject to the ordinances of the City of High Point, North Carolina.

N
W
ARTICLE V
The Corporation shall have the following powers:
The Corporation shall have all of the powers and privileges granted to Non-Porfit
Corporations under the law pursuant to which this Corporation is chartered and all the
powers and privileges which may be granted unto said Townhomes under any other
applicable laws of the State of North Carolina, including the North Carolina General
Statutes.,
2. The Corporation shall have all of the powers reasonably necessary to implement and
effectuate the purposes of the Corporation, including the following powers:
a) To make and establish reasonable rules and regulations governing the use of
individual Towhome Units and Common Property in the Townhomes as said
terms are defined in the Declaration of Covenants, Conditions and Restrictions,
herein "Declaration."
b) To levy and collect assessments against members of the Corporation to defray the
common expenses of the Townhomes as may be provided in the Declaration and
in the Bylaws of this Corporation which may be hereafter adopted, including the
right to levy and collect assessments for the purposes of operating, managing and
.otherwise dealing with such property, whether real or personal including
Townhome Units, which may be necessary or convenient in the operation and
management of the Townhomes and in accomplishing the purposes set forth in
said Declaration, all subject to the ordinances of the City of High Point, North
Carolina.
c) To maintain, repair, replace, operate and manage the Townhomes and the property
comprising same, including the right to reconstruct improvements after casualty,
to make further improvement of the Townhome property and to make and enter
into any and all contracts necessary or desirable to accomplish said purposes.
d) To contract for the management of the Townhomes and to delegate to such
contractor all of the powers and duties of the Association except those which may
be required by the Declaration to have approval of the Executive Board or
membership of the Corporation.
e) To acquire and enter into, now or at any time hereafter, leases and agreements
whereby the Association acquires leaseholds, memberships and other possessory
or use interests in land or facilities.
f) To enforce the provisions of the Declaration, these Articles of Incorporation, the

N
so
Bylaws of the Corporation (the "Bylaws") which may be hereafter adopted, and
the rules and regulations governing the use of the Townhomes as the same may be
hereafter established.
g) To exercise, undertake and accomplish all of the rights, duties and obligations that
may be granted to or imposed upon the Corporation pursuant to the Declaration.
ARTICLE VI
The Corporation shall have members. The qualification of the members, the manner of
their admission to membership and termination of such membership, and voting by members
shall be as fdllows:
1. The Owners of all Townhome Units shall be members of the Corporation, and no other
person or entity shall be entitled to membership, except as provided in item (5) of this
article VI.
2. Membership shall be established by the acquisition of the fee title to a Townhome Unit,
or by acquisition of the fee ownership interest therein, whether by conveyance, devise,
judicial decree or otherwise, and the membership of any party shall be automatically
terminated upon his being divested of all title to or his entire fee ownership interest in any
Topwnhome Unit, except that nothing herein contained shall be construed as terminating
the membership of any party who may own two or more Townhome Units, or who may
own a fee ownership interest in two or more Townhome Units, so long as such party shall
retain title to or a fee ownership interest in any Townhome Unit
3. The interest of a member in the funds and assets of the Corporation cannot be assigned,
hypothecated or transferred in any manner, except as an appurtenance to his Townhome
Unit. The funds and assets of the Corporation shall belong solely to the Corporation
subject to the limitation that the same may be expended, held or used for the benefit of
the membership and for the purposes authorized herein, in the Declaration and in the
Bylaws which may be hereafter adopted.
4. The vote(s) of each Unit may be cast or exercised by the Owner or Owners of each
Townhome Unit in such manner as maybe provided in the Bylaws hereafter adopted by
the Corporation. Should any member own more than one Townhome Unit, such member
shall be entitled to exercise or cast the votes associated with each Townhome Unit owned
in the manner provided by the Bylaws.
5. The Corporation shall have two (2) classes of voting membership:
Class A: Class A members shall be all Owners, with the exception of Declarant,
and shall be entitled to one vote for each Unit owned. When more than one
party. owns an interest in any Unit, all such parties shall be members. The
vote for such Unit shall be exercised as the parties determine, but in no

event shall more than one vote be cast with respect to any Unit.
Class B: The Class B member shall be Declarant and shall be entitled to four (4)
votes for each Unit owned. The Class B membership shall cease upon the
sale of the final Unit by the Declarant.
ARTICLE VII
The Corporation shall have perpetual existence.
ARTICLE VIII
The affairs of the Corporation shall be managed by the President of the Corporation,
assisted by the Vice President, Secretary and Treasurer and Assistant Secretaries and Assistant
Treasurers, if any, subject to the directions of the Executive Board. The Executive Board, or the
President with the approval of the Executive Board, any employ a Managing Agent and/or such
other managerial and supervisory personnel or entities to administer or assist in the
administration of the operation and management of the Townhomes, and the affairs of the
Corporation, and any such person or entity may be so employed without regard to whether such
person or entity is a member of the Corporation or a Director or Officer of the Corporation, as the
case maybe.
ARTICLE IX
The affairs of the Corporation shall be managed by the Executive Board (also known as
the Board of Directors). The number of initial Board Members (Directors) of the initial Executive
Board shall be one (1) to serve until the earlier of (I) the Declarant shall cease to be the sole
owner of the Townhome Complex; (ii) the date upon which Declarant voluntarily surrenders
control of the Townhomes; or (iv) Declarant withdraws from the Board and appoints successor
Board Members.
The number of Directors on the Executive Board shall increase to two (2) after the initial
Executive Board ceases to serve. The Directors shall serve two (2) year terms and shall be elected
by the members. The Class A members owning each Unit shall be entitled to one (1) vote for
each vacant or vacating seat on the Board, and the Class B member shall be entitled to four (4)
votes for each vacant or vacating seat on the Board. Board Members (Directors) do not have to
be a resident of the Townhomes or a member of the Association.
ARTICLE X
The Executive Board shall elect a President, Vice -President, Secretary and Treasurer, and
as many Assistant Secretaries and Assistant Treasurers as the Executive Board shall determine.
The President shall be elected from among the membership of the Executive Board but no other
officer need be a Director. The same person may hold two offices, the duties of which are not
incompatible; provided, however, that the office of the President and Vice -President shall not be
held by the same person, nor shall the office of President and Secretary or Assistant Secretary be

held by the same person.
ARTICLE XI
The names and post office addresses of the initial Executive Board, who, subject to the
provisions of these Articles of Incorporation, the Bylaws, and the laws of the State of North
Carolina, shall.hold office until the first Annual Meeting of the membership (or until their
successors are elected and qualified or appointed by the Declarant as provided in Article IX
hereof) are as follows:
Names Addresses
Jacob C. Mullins 1000 21st Ave N, Suit 3
Myrtle Beach, SC 29577
ARTICLE XII
The original Bylaws shall be adopted by a majority vote of the Executive Board of the
Corporation present at a meeting at which a majority of the members of the Board is present, and
thereafter such Bylaws may be altered or rescinded only in such manner as said Bylaws may
provide.
l:\Tlll [�711�:�111
Every Director and every Officer of the Corporation shall be indemnified by the
Corporation against all expenses and liabilities, including council fees, reasonably incurred by or
imposed upon him in connection with any proceeding to which he may be a party, or in which he
may become involved, by reason of his being or having been Director or Officer of the
Corporation, whether or not he is a Director or Officer at the time such expenses are incurred,
except in such cases wherein the Director or Officer is adjudged guilty of willful misfeasance or
malfeasance in the performance of his duties; provided that, in the event of any claim for
reimbursement or indemnification, the indemnification herein shall only apply if the Executive
Board approves such settlement and reimbursement as being in the best interests of the
Corporation. The foregoing right of indemnification shall be in addition to and not exclusive of
all other rights to which such Director or Officer may be entitled. The foregoing right of
indemnification shall not include indemnification from liability resulting from being a member of
the Association.
ARTICLE XIV
An amendment or amendments to these Articles of Incorporation shall require the assent
of two-thirds ('/a) of the membership.

No amendment to these Articles of Incorporation which shall abridge, amend or alter the
right of Declarant to designate and select members to the successor Executive Board of the
Corporation as provided in Article IX hereof may be adopted or become effective without prior
written consent of Declarant.
ARTICLE XV
The Association may be dissolved with the assent given in writing and signed by not less
than two-thirds (2/3) of voting members. Upon dissolution of the Association, other than incident
to a merger or consolidation, the assets of the Association 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 non-profit corporation, association, trust or other organization to be devoted to
such similar purposes.
ARTICLE XVI
The name and address of the incorporator is as follows:
Truman Barker
1026 Hutton Lane
High Point, NC 27262
ARTICLE XVII
All capitalized terms herein are as defined in the Declaration.
IN WITNESS WHEREOF,1, the undersigned incorporator, have hereunto set my hand
and seal, this day of July, 2022.
(SEAL)
Truman Barker, Incorporator

BYLAWS
OF
WHEELER AVE HOMEOWNERS ASSOCIATION, INC.
ARTICLE
NAME. SEAL AND OFFICES
Sectioa 1. Name: The name of this Corporation is Wheeler Ave Homeowners Association,
Inc. ( the "Association).
Section 2. Seal: The Seal of the Association shall be circular in form and shall bear the
words "Corporate Seal." The Board of Directors may change the form of the seal or the
inscription thereon at its pleasure.
Section 3. Offices: The principal office of the Association shall be at the Management
Offices of Wheeler Ave Homeowners Association, Inc. at 1000 21at Avenue, Suite 6, Myrtle
Beach, SC 29577, or at web other place as the Board of Directors may from time to time
designate.
ARTICLE II
DEFINITIONS
Section 1. Plan of Ownership: The real properties located in Comtyof Guilford, and State of
North Carolina, as shown on certain maps entiOcd,WhimlFr Ave (herein "The Properties'), will
be submitted to the provisions of certain Declaration dated crein
the "Declaration ), by the Declamut and will be subdivided into Dwelling Units and Common
Properties in accordance with the maps, creating a system of ownership of the Dwelling Units to
be located thereon by individual Owners, each Dwelling Unit having a non a clwive easement
of enjoyment over the Common Properties (except as maybe limited in the Declaration or noted
on my recorded plat of The pmpenies), and each Dwelling Unit being subject to a reciprocal
obligation to contribute assessments for the maintenance and operation of the Common
Properties and certain exterior improvements on the Dwelling Units all in accord with the
Declamtiom The Plan of Ownership will be extended to additions to The Properties by the
submission of any additional real property by supplemental Decimations of Covenants,
Conditions and Restrictions in accordance with Article One of the Declaration.
Section 2. Applicability of Bylaws: The provisions of these Bylaws are applicable to The
Properties and to the we and occupancy thereof.
Section 3. Personal Application: All present and future DwellingUait Owners, taut
beneficiaries, mortgages, lessees and occupants of the Dwelling Units, and then employees and
my other person who may we any portion of The Properties in any manner are subject to these
Bylaws, the Decimations and to the Roles and Regulations established by the Board of Directors
as hereinafter set forth. The acceptance of deed of conveyance or the entering into a lease or the
rat of occupancy of a Dwelling Unit shall constitute an agreement that these Bylaws, the Rules
and Regulations, and the provisions of the Declaration as they maybe amended from time to
time, are accepted, ratified and will be complied with.
Section 4 Other Definitions: The following words when used in the Declaration, my
amended or supplemental Declaration, or these Bylaws or my amendment hereto (unless the
context shall require otherwise) shall have the following meanings:
(a) "Assessments" or "assessments' or "Common Charges" shall mean and refer to
the assessments and charges levied against the Owners of Dwelling Units in The
properties, as hereinafter defined, and the words assessments or Assessment shall
be and mean the same thing as Common Cbmges, unless the context requires
otherwise.
(b) "Association" shall mean and refer to Wheeler Ave Hormommers Association, It,
Inc.; and Bylaws shag mean and refer to the Bylaws of the Association.
(c) "Board" shall mean and refer to the Board of Directors of the Association
(d) "Common Expense" shall mean and refer to:
() Expense of administration, maintenance, repair or replacement of the
Common Properties.
(it) Expense declared Common Expense by the provisions of the Declaration
or these Bylaws.
(u) Expense agreed upon as Common Expense by the Association and
lawfully assessed against Owners of Dwelling Units, in accordance with
these Bylaws or the Declaration.
(iv) Any valid charge against the Association or against the Common
Properties as a whole.
(a) "Common Properties" or "Common Areas" shall mean and refer to those areas of
land shown on any recorded subdivision plat of The Properties labeled as
"Common Properties" or "Common Areas" or shown as streets or roads (together
with all improvements located thereon) and as such intended to be devoted to the
common use and enjoyment of the Owners of the Dwelling Units, subject to
special rights, if any, granted Owners of particular Dwelling Units, which are a
part of The properties.
(f) The "Declamot" shall mean and infer to MFRNC, LLC and my person or entity
who is specifically assigned the rights and interests ofDeclarmt hereunder.
(g) "Dwelling Unit" shall mom and refer to my improved property intended for use
and weaponry as one (1) single family dwelling.
(h) "Limited Common Properties' or "Limited Common Areas" shall mean and refer
to those areas of land (including without limitation anyjoint driveways) and
improvements (including without limitation my common entrances to a ]Dwelling
Page 1 of 24 Page 2 of 24

Unit) shown on or designated as Limited Common Properties or Limited
Common Areas on any recorded subdivision map of The Properties, and intended
for the use of the Owners of particular Dwelling Units to the exclusion of other
Owners. Any property so designated shall be for the exclusive use of the Owners
of the Dwelling Units so designated on the recorded plat
() "Limited Common Expense" shall mean and mfer to expense of administration,
maintenance, repair or replacement of Limited Common Properties or Limited
Common Areas which shall be assessed against those Dwelling Units having the
exclusive or special rights in the use or enjoyment thereof.
0) "Living Area" shall mean and refer to those heated and/or air-conditioned areas
within a Dwelling Unit which shall not include garages, carports, porches, patios,
storage mess, breereways, termces or basements.
(k) "Member' shall mean and refer to all those who ere members of the Association
as provided in the Declaration.
() "Owner shall mean and refer to the record owner, whether one or more persons
or entities, of the fee simple title to an Dwelling Unit situated upon The
properties, but notwithstanding my applicable theory of my lien or mortgage law,
shall not mean or refer to my mortgagee or trust beneficiary unless and until such
mortgagee or trust beneficiary has acquired tide punswul to famlosum or my
proceeding in Neu of foreclosure.
(m) 'The Propertics'shall mom and ruler to all the existing Property and my
additions thereto m are made subject to the Declaration by the Declarant and
Supplemental Declarations under the provisions of Article One of the Declaration.
The Properties at present is shown on plat entitled"
recorded in Plat Book_ at Page _ in the Office of the Register of Deeds for
Guilford County, NC.
ARTICLE IR
MEMBERSHIP
Section 1. Members: Everypersm or mtitywho is a record Owner of fee simple interest in
my Dwelling Unit shall be a Member of the Association pursuant to the Declaration with the
Limitations and voting powers.
Section 2. Assessments: The rights of membership are subject to the payment of annual and
special assessments levied by the Association. The obligation of such assessments is imposed
against each Owner and becomes a Em upon the property against which such assessments are
made and the personal obligation of the then Member as provided by the Dec!a ation pursuant to
the terms therein.
Section 3. Suspension of Voting Rights: The voting rights of my Member whose
membership or interest in The properties is subject to assessments=der the Declaration, whether
or not he be persomllyobligatcd to pay such assessments, maybe suspended by notion of the
Directors during the period when We assessments remain unpaid. Upon payment of such
assessments, the Member's rights and privileges shall be automatically restored. If the Directors
have adopted and published rules and regulations governing the use of the Common Properties as
provided herein, the Directors may, in their sole discretion, suspend the rights ofany such person
for violation of such rules and regulations for a period not to exceed thirty (30) days, in addition
to levying the liquidated charges provided herein.
ARTICLE rV
Section 1. Each Member shall be entitled to the use and enjoyment of the Common
Properties and facilities as maybe provided by the Declaration.
Section 2. Any Owner mayshare his rights of enjoyment in the Common Properties with the
members of his familywho reside upon The Properties or delegate said rights to my of his
tenants who reside thereon under anyleasehold interest or rental agreement. Such Owner shall
notifythe secretaryof the Association in writing of the name of my such tenant together with a
copy of said lease. The rights and privileges of such persons we subject to suspension under
ARTICLE a Section 3 herein to the same extant as those of the Member.
ARTICLE V
PURPOSE AND POKERS
SgOlon 1. The Association shall operate on a not -for -profit basis in accordance with its
Articles of Incorporation. The Association will not provide pecuniary gain or profit; direct or
indirec4 to its Members. The purposes for which it is formed me:
(a) Own, acquire, build, operate and maintain my roads, utilities, trails, Parking lots,
open -space, clubhouses, streets, footways including building structures and
personal properties incident thereto, and all of which is hereinafter referred to as
the "Common Properties';
(b) Provide exterior maintenance for the Dwelling Units within The Properties in
order to maintain the charseaer of The properties for the mutual benefit of all the
Owners;
(c) Maintain unkept lands or trees;
(d) Supplement municipal services;
() Fix Assessments or Common Charges to be levied against The Properties,
provided however, the Board of Directors may not increase assessments by mom
than five percent (5.0 s/) above the previous years assessment without the
Page 3 of 24 Page 4 of 24
i

affirmative vote of two-thirds of the members of the Association at a meeting of
of the votes. Written notice of a proposal to dissolve, setting forth the reasons therefor and the
the Association where quomm is present upon ten days notice. For purposes of
disposition to be made of the assets shall be mailed to every Member and mortgagee at least
this meeting only, the required quomm shall consist of sixty percent (60 %) of the
ninety (90) days in advance of any action taken. To the extent that the requirements ofNCGS, as
votes of the entire membership in person or proxy. If a quorum cannot be reached
maybe amended from time to time, do not conflict with the above, then such requirements are
in the first meeting to consider such a budget, a scwnd meeting may be called
incorporated herein by reference.
upon ten days notice to the membership. For the purposes of this second meeting
only, the required quonmr to act on behalf of the membership shall be reduced to
a t$ tio0 7. Disposition of Assets Upon Dissolution: Upon dissolution of the Association, the
consist of only thirty percent (30 %) of the votes of the entire membership in
assets, both real and personal of the Association, shall be dedicated to an appropriate nonprofit
person or by proxy. In the event the Association is faced with mampeeted
public agency or association to be devoted to purposes as nearly as practicable the same as those
expenses ofwhatever nature, the Bored ofDirectors may call for special
to which they were required to be devoted by the Association,
assessments to pay for such expenses, provided however that no special
assessment may be levied against the members without affirmative vote of two-
ARTICLE VI
thirds of the members of the Association at a meeting of the Association where a
1)_YMBERS
quorum is present
Section 1. Eligibility: Membership in the Association shall be in accordance with the
(f) Enforce any and all covenants, restrictions and agreements applicable to The
Declaration.
Properties;
Section 2 Voting: Voting shall be in accordance with the Declaration. A majority of the total
(g) Pay taxes, if any, on the Common Properties; and
votes war at a meeting at which a quorum is present shall be binding upon all Owners for all
purposes except when a higher percentage is required by these Bylaws, the Declaration, the
(h) Insofar as permitted by law, m do any other thing that, in the opinion of the Bored
Articles of Incorporation or any other applicable law plus any amendments or additions thereto.
of Directors, will promote the common benefit and enjoyment of the residents of
The Properties.
Section3. Votes in the Event of Multiple Ownership of a Dwelling Unit: In the event a
Dwelling Unit is owned by more than one person, if such persons cannot agree upon the exercise
Section_. Additions to The Properties and Memberships: Additions to The Properties my
of their right to vote pursuant to these Bylaws, each person shall have a fractional vote based
be made only in accordance with the provisions of the Declaration. Such additions shall extend
upon his fractional sbam of ownership of the Dwelling Unit. A co-owner of Dwelling Unit may
the jurisdiction, functions, dories and membership of this Association to such properties.
permit the other co-owner of the Dwelling Unit to vote his interest by famishing the other co-
owner with a proxy. In the absence of my co-owner, a vote for a dwelling unit cast by a co-owner
Section 3. Mergers and Consolidations: Subject to the provisions of the Declaration, and to
shall be held to be by valid proxy of the absent co-owner, unless challenged at the time the vote
the extent permitted by law, the Association may participate in mergers and consolidations with
is cast
other nonprofit corporations organized for the same purposes. Any such merger or consolidation
shall have the assent of sixty-seven percent (670/) of the votes of members eligible to vote at a
Section 4. Annual Meetings: Annual meetings shall be held on the third Saturday in April of
meeting duly wiled for this purpose. Written notice of such meeting and vote shall be mailed to
each year. At each annual meeting there shall be elected by ballot of the Owners a Board of
all members at least thirty (30) days in advance and shall set forth the purpose of the meeting
Directors in accordance with the provisions ofARTICLE VE, Section 1 hemin. Members may
also transact such other business as may properly come before them.
Section 4, Mortgages, Other Indebtedness: The Association shall have the power to
mortgage or grant deeds of trust (hereinafter referred to as "mortgages') on the Common
Section S. Place of Meetings: Meetings of the Members shall be held at the principal office
Properties pursuant to the terms contained in the NCGS as same may be amended from time to
of the Association or such other suitable platy convenient to the Members as maybe designated
time or as herein stated.
by the President of the Association.
Section 5. Dedication of Properties or Transfer of Function to Public Agencyor Utifity: The
- Section 6. Special Meetings: It shall be the duty of the President to call a special meeting of
Association shall have the power to dispose of the Common Properties only as authorized under
the Members when so directed by resolution of the Board of Directors, or, upon petition signed
the Declaration.
by not less than 25% of the aggregate of Members. The notice of any special meeting shall state
the time and place of such meeting and the purpose thereof. No business shall be transacted at a
Section 6. Dissolutioni7crmination: The Association may be dissolved or terminated only
special muting except as stated in the notice.
with the assent given in writing and signed by the Members entitled to cast eighty percent (80 %)
Page 5 of 24
Page 6 of 24

Section 7. Notice of Meetings: R shall be the duty of the Secretary to mail a notice of each ARTTCLEVD
annual or special meeting of the Members at least ten (10) days, but not more than eighty (80) BOARD OF DRRECTORS
days, prior to such meeting. The notice shall state the purpose thereof as well as the time and
place where it is to be held. The notice shall be sent to each Member as listed in the records of Section t. Function, Number and Qualification. The affairs of the Common Properties and
the Association to the Dwelling Unit address or such other address as such Member shall have appurtenant duties on the Dwelling Units shall be operated by the Association, which in turn
designated by notice in writing to the Secretary. The mailing of a notice of meeting in the reamer shall be governed by Board of Directors. All Directors need not be Members even though a
provided in this section shall be considered service of notice, majority of the Directors must be Members. Each of the initial Directors shall have one (1) vote.
Section 8. Waiver ofNotice: Any Member maywaive notice of myrouting before or after The initial Board of Directors shall consist of one (1) Director, same being the
the meeting. The waiver must be in writing, signed by the Member and delivered to the Declarants. When the initial Board of Directors ceases to serve pursuant to the terms herein or at
corporation for inclusion in the minutes or filing with the corporate mcerds. A Member's such time as applicable law requires the Owners to have Board representation exclusive of
attendance, in person or by proxy, at a meeting (a) waives objection to lack of notice or defective Declarants, the Board of Directors shall be increased to two (2) Directors. From said point
notice of the meeting, unless the shareholder or his proxy at the beginning of the meeting objects forward, the Board of Directors shall remain at two (2) Directors.
to holding the meeting of transacting business at the meeting; and (b) wolves objection to
consideration of a particular matter at the meeting that is not within the purpose or purposes Unless the Members shall otherwise determine at a meeting duly noficeA the Board of
described in the meeting notice, unless the shareholder or his proxy objects to considering the Directors shall consist of two (2) Directors who shall hold office until the election of their
matter before it is voted upon. successors. Members shall elect all Directors for terms of one (1) year, such election held at the
annual meeting of Members. There is no limit on the number of successive terms a Director can
Section 9. Order of Business: The order of business at all meetings of the Members shall be, hold his/her seat on the Board.
to the extent required, as follows:
Section 2 Powers and Duties: The Board of Directors shall have the powers and duties
(a) Roll call. necessary for the administration of the affairs of the Association and shall do all such acts and
(b) Proof of notice of meeting or waiver of notice. things as am not by law or by the Bylaws directed to be exercised and done by the Owners. Such
(c) Rending of minutes of preceding meting. powers and duties of the Board of Directors shall include, but shall not be limited to, the
(d) Reports of officers, following:
(e) Report of Board of Directors.
(f) Report of Committee. (a) Operation, care, upkeep and maintenance of the Common Properties, and such
(g) Election of members of the Board of Directors. duties with respect to the Dwelling Units as provided in the Declaration.
(h) Unfinished business.
() Newbusiness. (b) Determination of an annual budget and the Common Expenses required for the
6) Adjournment. affairs of The properties.
Section 10, Parliamentary Prooedum: At all meetings of the Members, or of the Board of (c) The establishment, levying, assessment and collection of the Assessments
Directors, Roberts' Rules of Order, as to such date amended, shall be followed, except in the (Common Charges) from the Owners.
event of conflict, the Bylaws or the Declaration, as the case maybe, shall prevail.
(d) The employment and dismissal of the personnel necessaryfor the maintenance,
Section 11. Quenon: A majority of the Members present, in person or by proxy, shall repair, replacement and operation of the Common Properties.
comfit, a quorum at my meeting of the Members unless otherwise provided in the By-laws or
the Declaration. (e) Opening of bank accounts in the name of the Association and designating the
signatories required there*£
Section 12. Proxies: Votes maybe cast in person or byproxy. A Member may
designate anyperson, who need not be a Member, to act as proxy. The designation of my such (1) Purchasing or leasing or otherwise acquiring in the name of the Association or its
proxy shall be made in writing, signed by the Member, and shall be revocable at my time by designee, corporate or otherwise, Dwelling Units offered for sale or lease, or
written notice to the Secretary by the Member designating the proxy. surrendered by then Owners to the Board of Directors or to the Association.
(p) Purchasing of Dwelling Units, including but not limited to foreclosures or other
Page 7 of 24 Page 8 of 24

judicial sales, in the name of the Association, or its designee, corporate or
otherwise.
(h) Selling, leasing, subleasing, encumbering, mortgaging, voting the votes
appurtenant to (other than for the election of members of the Board of Directors),
or otherwise dealing with, Dwelling Units acquired by the Association or its
designee, corporate ore otherwise.
(i) Organizing corporations to net as designees of the Association in acquiring title to
Dwelling Units on behalf of all Owners.
0) Grunting of Houses, easements and rights of way over the Common Properties.
(k) Obtaining and maintaining insurance on The Properties, and designating a
commercial bank, insurance company, or similar institution with trust powers as
Trustee.
0) Making of repairs, additions and improvements to or alterations to and restoration
of The Properties.
(m) Leasing or otherwise acquiring the title to me, either exclusively or in common
with others, recreational and other facilities for the benefit of Owners.
(n) Damage to Common Properties by Owner and damages to Dwelling Unit by the
Association: The Board of Directors can appdint an adjudicatorypanel to
determine whether an Owner Dry reason of his own actions or inactions, or those
of his tenants, invitces or guest) is responsible for damages to my common
element or whether the Association is responsible for damages to any Dwelling
Unit. Such panel shall accord to the party charged with coming damages notice of
the charge, opportunity to be heard and to present evidence, and notice of the
decision. The panel may assess a liability for each damage incident not in excess
of five hundred dollars ($500.00) against each Owner charged or against the
Association. Liabilities so assessed shall be assessments secured by lien under
NCGS. liabilities of the Association maybe offset by the Owner against sums
owning the Association and if so offset shall reduce the meant of any lien of the
Association against the Owner or his Dwelling Unit.
(a) The Board of Directors may also=force, by my legal means, the provisions of
the Declaration, the Bylaws, and the Rules and Regulations for the use of The
Properties.
(p) To appoint and remove at pleasure all officers, agents and employees of the
Association, prescribe their duties, fix thew compensation, and acquire of them
such security or fidelity bond as it may deem expedient. Nothing contained in
these Bylaws shall be construed to prohibit the employment of my Member,
Offecr or Director of the Association in my capacity whatsoever.
Page 9 of 24
(r) To assess and collect a fine from homeowners for each violation of the Rules And
Regulations of the Condominium in the amount of $50.00 for each violation.
Section 3. Management: The Board of Directors may employ or enter into a contract or
agreement with a Manager for The Properties for a period of not mom than twelve (12) months
with the right of the Association to cancel such contract with thirty (30) days notice for cause.
The compensation or consideration to be paid shall be established by the Board. The Board shall
send all Owners a copy ofany such cancellation notice. The Board may authorize such Manager
to perform such duties as it deems appropriate.
Section 4. Removal of Directors: At any regular or special meeting of the Owners my one or
mom of the members of the Board of Directors maybe removed with cause bya majority of all
of the Owners following notice thereof in the call of the meeting. A successor or successors may
then or thereafter be elected to fill the vacancy thus created.
Section S. Vacancies: Vacancies on the Board of Directors caused byany reason other than
the removal of a member thereof bya vote of the Owners eligible to vote shall be filled by vote
of a majority of the remaining Directors at a regular or special meeting of the Board of Directors
held promptly after the occurrence of any such vacancy, even though the Directors present at
web a meeting shall constitute less than a quorum. Each person so elected shall be a member of
the Board of Directors for the remainder of the term of the Director so replaced, and until his
successor shall be duly elected
Section 6, Organization Meeting: The first regular meeting of the Board ofDirecton
following a meeting of the Owners at which Directors are elected shall be held within tun (10)
days thereafter at web time and place m shall be fixed by the Owners at such meeting No notice
shall be necessary to the members of the Board of Directors in order to legally constitute such a
meeting, provided a quorum shall be present at web first meeting
Section 7. Regular Meetings: Regular Meetings of the Board of Directors maybe held at
web time and place as shall be determined from time to time bya majority of the Directors.
Notice of regular meetings of the Board of Directors shall be given by the Secretary to each
Director personally, by mail, electronic mail or facsimile transmission at least three (3) days prior
to the day named for the meeting
Section ion S. Special Meetings: Special Meetings of the Board of Directors maybe called by
the President on three (3) days' notice to each Director, given personally, by mail, electronic mail
or facsimile transmission, which notice shall state the time, place and purpose of the meeting
Special meetings of the Board of Directors shall be called by the President or Secretary in like
roamer and on like notice on the written request of at least two (2) Directors.
Section 9. WaiverofNotice: Any Director mayat anytime waive notice ofanymeeting of
the Board of Directors in writing and such waiver shall be deemed equivalent to the giving of
such notice. Attendance by a Director at my meeting of the Board shall constitute a waiver of
notice by him of the time and place thereof. If all members of the Board am present at my
meeting ofe Board, no notice shall be required and business maybe transacted at such
Page 10 of 24
S

meeting
Section 10, Quorum of Board of Directors: At all meetings of the Board of Directors, one-half
(Yi) ofthe Directors being present shall constitute a quorum for the transaction ofbusiness, and
the votes of a majority of the Directors present shall constitute the decision of the Board of
Directors.
Section 11. Fidelity Bonds: The Board of Directors shall have the option, but not the
obligation to obtain, to the extent reasonable, for all officers, employees and agents of the
Association handling or responsible for Association foods, a fidelitybond in the meant of 150%
of anticipated funds to be held by such officers, employees and agents. The premiums on such
bonds shall constitute a Common Expense.
Scdlon12, Compensation: No member of the Board of Directors shall receive my
compensation from the Association for acting as a Director.
Section 13, Liability of the Board of Directors: The Directors shall not be liable to the
Association or to the Members for my mistake of judgement, negligence, or otherwise, except
for their own individual willful misconduct or bad faith. The Association shall defend, indemnify
and hold harmless, to the extent permitted by law, each of the Directors against all liability
arising out of their conduct on behalf of the Association, unless such conduct shall have been
willful misconduct or in bad faith. It is intended that the Directors shall have no personal liability
with respect to my contract made by them on behalf of the Association (except es Members). It
is also intended that the liability of my Member arising out of my contract made by the
Association with respect to the Common Properties, or out of the aforesaid indemnity in favor of
the Board of Directors, shall be limited to the Mcmber's interest in the Common properties.
Section 14. Fiscal Year. The Board of Directors shall establish a fiscal year.
Section 15, Fiscal Affairs: It shall be the duty of the Board of Directors:
(a) To cause to be kept a complete record of all is acts and corporate affairs and to
present a statement thereof to the Members at the actual meeting of the Members
or at my special meeting when such is requested in writing by one-fourth (K) of
the Membership.
(b) To supervise all officers, agents and employees of Us Association, and to see that
all their duties are properly performed.
(c) As more fully provided in the Declaration:
(i) To fix the meant of actual and special assessments against each
Dwelling Unit; and
(ii) To cause to be prepared a roster of the Dwelling Units and assessments
applicable thereto which shall be kept in the office of the Association and
shall be open in inspection by my Member or his designee; and
Page 11 of 24
(iii) To cause to be seat written notice of each assessment to "cry Owner
subject thereto;
(d) To issue, or cause an appropriate officer to issue, upon demand by my person a
certificate setting forth whether my assessment has been paid. Such certificate
shall be conclusive evidence of my assessment therein stated to have been paid.
Section 16Deelmount Control of Board of Directors: Declarmt shall have the right to
designate and select a majorityofthe persons who shall serve as members ofthe Board of
Directors of the Association until no later than the earlier ofthe following meats:
(a) 120 days after 75%of the units in the Project, including units comprising later
phases ofthe development, have been conveyed to unit purchasers; or
(b) Two years after the Declarant has ceased to offer units for sale in ordinarycoume
of business; or
(e) Such date as may be required bytheprovisions ofNCGS;or
(d) Date that Dechuram voluntarily surrenders Declarsut's right to designate Board
members.
Whenever Declarant shall be eatitied to designate and select mypemon to some on the
Board ofDirmtors ofthe Association, the manner in which such person shall be designated shall
be as provided in the Articles of lucc rpomtion and/or Bylaws of the Association and Declarant
shall have the right to remove my person selected by it to act and some on said Board of
Directors and to replace such person with mother person to act and some in the place ofmy
Director so removed for the remainder of thc unexpired term. Any Director designated and
selected by Decisional need not be a resident in the Condominium.
Section 17. The Association shall famish to all Ownem the names and addresses of all
officers and Board members within 30 days ofelectioa
ARTICLE VIn
OFFICERS
Section 1 Designation: The principal officers ofthe Association shall be the President, the
Sceretsry and the Treasurer, all of whom shall be elected by the Board of Directors. The
President and the Vice President (if one) shall be elected among the members of the Board of
Directors. The Board of Directors may elect a Treasurer, an Assistant Treasurer, a Secretary, and
Assistant Secretary and such other officers as in is judgement maybe deemed necessary, who
need not be Owners. Any person (including my officer or employce of a corporate, partnership or
fiduciary Owner) shall be eligible for such election.
Section 2 Election of Officers: The officers of the Association shall be elected❑nuallyby
the Board of Directors and shall hold office at the pleasure of the Board.
Page 12 of 24

Section 3. Removal of Of urs: Upon the affirmation vote of a majority of members of the
Board of Directors, any officer my be removed, either with or without cause and his successor
elected at any regular mating of the Board of Directors, or at any special muting of the Board
called for such purposes.
Section 4 President: The President shall be the chief executive officer of the Association. He
shall preside at all meetings of the members and of the Board of Directors. He shall have all the
general powers and duties which are usuallyvested in the office of the president of corporation,
organized under the laws of the State of North Carolina, including but not limited to the power to
appoint committees from time to time, be assigned to him by the Board of Directors or by the
President
Section 5. Vice 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 President
nor the Vice President is able to act, the Baud of Directors shall appoint some other member of
the Board to act in the place of the President on an interim basis.
Section 6. Secretary. The Secretary shall keep the minutes of all meetings of the Members
and of the Baud of Directors; he shall have charge of such books and papers as the Board of
Directors as these Bylaws may dirmt; he shall give all notices required by the Bylaws unless
otherwise provided: and he shall in general perform all the duties incident to the office of the
Secretary of a corporation organized under the laws of the State ofNorth Carolina.
Section 7. Treaurer:The Treasurer shall have responsibilityfor Association funds and
securities and shall cause the financial records and books belonging to the Association to be kept
He shall be responsible for the deposit of all monies and other valuable effects in the name and to
the credit of the Association, in such depositories as may from time to time be designated by the
Board of Directors, and he shall, in ganeml, perform all the duties incident to the office of
Treasurer of a corporation organized under the laws of the State of North Carolina.
Section 8. Signatories to Documents: All agreements, contracts, deeds, leases, checks and
other documents of the Association shall be executed by any Officer of the Association or by
such other person or persons as maybe designated by the Board of Directors. Vouchers for the
payment of Association funds shall be approved by the Treasurer before payment
Section 9. Compensation of Officers: No officer shall receive any compensation for acting as
such.
ARTICLE IX
OPERATION OF THE PROPERTIES
Section 1. Determination of Common Expenses and Fixing of Common Charges: The Board
ofDbectors shall at least annually prepare a budget for The Properties, determine the amount of
the Common Charges payable by the Owners to meet the Common Expenses and allocate and
assess such Common Charges among the Owners according to their share as established by the
Declaration. The Board of Directors may not increase assessments by more than five percent (5.0
Page 13 of 24
%) above the previous years assessment without the affirmative vote of two-thirds of the
members of the Association at a muting of the Association when quorum is present upon ten
days notice. For purposes of this meeting only, the required quorum shall consist of sixtypercent
(60 %) of the votes of the entire membership in person or proxy. If a quomm cannot be reached
in the first meeting to consider such a budget, a second meeting may be called upon ten days
notice to the membership. For the purposes of this second meeting only, the required quorum to
act on behalf of the membership shall be reduced to consist of only thirty percent (30 %) ofthe
votes of the entire membership in person or by proxy. In the event the Association is faced with
unexpected expenses ofwhatevu nature, the Bored ofDirectors may call for special assessments
to pay for such expenses, provided however that no special assessment maybe levied against the
members without alternative vote oftwo-thirds of the members of the Association at a meeting
of the Association where a quonrm is present.
The Baud of Diramrs shall advise all Owners promptly in writing of the amount of
Common Charges payable by each of them respectively as determined by the Board as aforesaid,
and shall furnish copies of each budget on which such Common Charges are based to Owners
and to their mongagees upon request The Common Expense shall include, among other things:
(a) The cost of repairs and maintenance ofthe Common Properties and appurtenaat
interest;
(b) All insurance premiums on all policies ofinsurance required to be orwhich have
been obtained by the Board ofDirectors pursuant to the provisions of ARTICLE
VE herein, and the fees and expenses, if any, of the Trustee, if any, provided
however, that as long as the Declamat is engaged in the construction or erection of
improvements on the Common Properties, it shall pay the portion of insurance
premiums allocated to builder's risk insurance (including liability coverage for
construction operations and completed operations).
(c) Such amounts as the Bored of Directors maydeem proper for the improvement
and operation of The Properties including without limitation on amount for its
working capitol, a general operating reserve, a reserve fund for replacements, and
sums necessary to make up any deficit in the Common Expenses for any prior
year
(d) Expenses incurred in leasing or otherwise acquiring the right to use either
exclusively or in common with others, recreational or other facilities for the
benefit of Owners;
(e) Such amounts as maybe required for the purchase or lease by the Board of
Directors, or its designee, corporate or otherwise, an behalf of all Owners, or
Dwelling Unit whose Owner has elected to sell or lease such Dwelling Unit, or
Dwelling Unit to be acquired by foreclosure proceedings or proceedings in lieu of
foreclosure or which is to be sold atjudicial sale;
(f) Any other expense in connection with the Common Properties or their
Page 14 of 24

improvements which the Board of Directors deems to be of mutual benefit to the
Owners or Members.
Section 2. Payment of Common Charges: All Owners shall be obligated to pay Common
Charges assessed by the Board of Directors annually or at such other timc(s) as the Board of
Directors shall determine. The board may authorize Common Charges to be collected by
mortgagee of one or mom Dwelling Units or by the Manager.
Section 3. No Waiver of Liability fen Common Expense: No member may exempt himself
from Nobility for his contribution toward the Common Expenses by waiver of the use or
enjoyment of my of the Common Properties or by abandonment of his Dwelling Unit
Section 4. Non -Liability After Conveyance: No Owner shall be liable for the payment of my
part of the Common Charges assessed against his Dwelling Unit subsequent to a sale, transfer or
other conveyance made pursuant to the provisions of these Bylaws.
Section S. Successor's Liability for Common Charges: A grantee who acquired a Dwelling
Unit shall not be, unless expressly assumed, personally liable for my charge for unpaid
assessments due prior to his purchase. However, the Dwelling Unit conveyed shall be subject to a
lien for my such unpaid assessment
Section 6. Default in Payment of Common Charges: In the event of default by my Member
in paying to the Association the Common Charges as determined by the Board of Directors, such
Members shall be obligated to pay interest at the amual rate of six (6%) on such Common
Changes from the due date thereof until collected, together with all expenses, including attorneys'
tees and costs, incurred by the Association in any proceeding brought to collect such unpaid
charges. The Association shall attempt to recover such Common Charges, together with interest
thereon and the expenses of the proceeding including such attomy's fees and costs, by an action
to recover the same brought against such Member, or by foreclosure of the lien on such Dwelling
Unit under powers granted by the Declaration. The use of Common Properties not needed for
access or utilities to a delinquent member's Dwelling Unit maybe suspended by=lion of the
Board of Directors during the period when Common Charges remain in default.
Section 7. Foreclosure of Liens for Unpaid Common Charges: In my action brought by the
Association to foreclose a Jim on a Dwelling Unit because of my unpaid Common Charges, the
Owner shag be required to pay reasonable rental for the use of his Dwelling Unit from the date of
non-payment of Common Charges and the plaintiff in such foreclosure action shall be =tided to
the appointment of receiver to collect the same. The Association shall have the power to
purchase such Dwelling Unit at the foreclosure sale and to acquire, hold, louse, mortgage, cast
the votes appurtenant thereto (other than for the election of members of the Board of Directors),
convey or otherwise deal with the same. A suit to recover a money judgement for unpaid
Common Charges shall be maintainable without foreclosing or waiving the liens securing the
same.
Section S. Maintenance, Repair and Replacement:
(a) Common Properties: The Association shall maintain, repair and replace all
improvements (including landscaping) located on the Common Properties; and in
the event that such maintenance, repair or replacement was caused by the
negligence or misuse or an Owner, such expense shall be charged to such Owner.
(b) Dwelling Units: Each Owner shall maintain, repair and replace, at his own
expense, all portions of his Dwelling Unit, except myportions thereof to be
maintained, repaired and replaced by the Association. Each Owner of a Dwelling
Unit shall be responsible for damages to my other Dwelling Unit or to the
Common Properties caused intentionally, negligently, or by his failure to properly
maintain, repair, or make replacements to his Dwelling Unit
Section 9. Additions, Alterations, or Improvements by Board of Directors: Whenever, in the
judgement of the Board of Directors, the Common Properties shall require additions, alterations
or improvements costing more than fan thousand five hundred dollars ($4,000.00), which are
not to be at the expense of an individual Owner for his own benefit, and the making of such
additions, alterations a improvements shall have been approved at an atonal or special meeting
of the Owners, the Board of Directors shall proceed with such additions, alterations or
improvements =d shall assess all Owners for the cost thereof as a Common Charge. Any
additions, alterations or improvements costing four thousand five hundred dollars ($4,000.00) or
less maybe made by the Board ofDirectors without further approval of the Owners, and the
costs thereof will constitute part of the Common Expenses.
Section 10. Additions, Alterations or hnprovemmts by Owner: No Owner, other than the
Declmao4 shall make my structural additions, alteration or improvement in or to my Dwelling
Unit or Common Properties, nor shall he paint or otherwise decorate or change the appearance of
my portion ofe#crior of my Dwelling Unit, without prior written consent ofthe Board of -
Directors pursuant to the Declaration. The Board ofINrectors shall answer my written request
for such approval within th'irty(30) days after the receipt therod, and failure m do so within such
time shall constitute a consent by the Board of Directors to the proposed addition, alterations or
improvements. The provisions ofthis Section shall not apply to any Dwelling Unit until such
Dwelling Unit has been conveyed by the Declamnt, and until the initial certificate of occupancy
has ben issued.
Section 11. Water, Cable Television and Sewer Charges: Each Owner shall be required to pay �
my water, gas, cable television and sewer charges pertaining to his Dwelling Unit. Such charges
maybe separately metered or maybe determined in accordance with an engineering
determination by the Board of Directors and billed in accordance therewith. The water and seiver
services supplied to the Common Properties shall be billed separately and the Association shall
pay such bills as a Common Expense. ,
Section 12, Electricit3rElectricity shall be supplied by the public utihty company servicing
the area directly to each Dwelling Unit, its exterior doom, and my Common Properties, the
exclusive use of which is reserved to my such Dwelling Unit, through a separate meter, and each
Owner shall be required to pay the charges for such meter. The electricity servicing the remaining
Common Properties shall be metered separately, and the Association shall pay all charges for
Page 15 of 24 Page 16 of 24

such meters as a Common Expense.
ARTICLE X
USE OF PROPERTIES
Section 1 Notice to Association: An Owner who mortgages or goats a deed of trust with
respect to his Dwelling Unit or the mortgages shall notify the Association of the name and
address of the mortgagee. The Association shall maintain such information in abook entitled
"Mortgagees or Dwelling Units".
Section 2. Statement of Common Charges: The Association, whenever so requested in
writing by an Owner, a prospective owner, a mortgagee, or by a prospective mortgagee a
Dwelling Unit, shall promptly report my unpaid Common Charges due from, or my other default
by, the Owner of the mortgaged Dwelling Unit.
Section 3. Notice of Default-. The Association, when giving entice to an Owner of a default
in paying Common Charges or other default, shall send a copy of such notice to each holder of
mortgage covering such Dwelling Unit, if the name and address of web mortgagee bas
pmviouslybeen famished
Section 4. Examination of Books: Each Owner or mortgagee of Dwelling Unit shall be
permitted to examine the books of accounts of the Association at a reasonable time on business
days.
ARTICLE XU
INSURANCE
Section 1. Coverage: To the extent available, the Association may obtain and maintain
immoace coverage as set forth in SECTION 2, 3, and 4 hereof. All insurance affecting The
Properties shall be governed by the provisions of this ARTICLE. Premiums of insurance
obtained by the Association shall be a Common Expense.
Section 2 Casualty. All buildings and improvements (as defined in Subsection (d) hereet),
and all of the personal property owned by the Association, shall be insured, for the benefit of the
Association, the Owners and Mortgagees as their interests may appear, against risks of physical
damage as follows:
(a) Amounts: As to real property, for an amount equal to ONE HUNDRED (100%)
percent of its replacement costs, provided, by action of the Board of Directors,
such policies maybe written on a co-insuance basis of not less than eighty
percent (8000/a); as to personal property, for an amount equal to its actual cash
value. Prior to obtaining my insurance on real property under this SECTION, and
at least annually thereafter, the Board of Directors shall obtain an estimate from an
insurance agent, or otherwise qualified person, for the purpose of determining the
replacement cost of such real property.
(b) Risks Insured Against: The insurance shall afford protection against loss or
damage by reason of:
(i) Fire and other perils normally covered by intended coverage;
(it) Vandalism and malicious mischief;
(iii) Such other risk of physical damage as from time to time may be
customarily covered with respect to buildings and improvements similar in
construction, location and use as those on the Common Properties or
Limited Common Properties, including without limitation, builder's risk
coverage for improvements under construction; and
(iv) Such other risks of physical damage as the Board of Directors may from
time to time deemed appropriate;
(c) Other provisions: The insurance shall include, to the extent reasonable obtainable
and with out limitation, the following provisions:
(i) Waivers by the insurer of rights of subrogation, other than those based on
fraud or criminal sets, against the Association and the Owners;
(it) That the insurance shall not be affected or diminished by reason of any
other insurance carrier by an Owner or Mortgagee;
(fii) That the insurance shall not be affected or diminished byfailme of my
Owner or my occupants or Owners of spy improvements to comply with
my warranty or condition when such failure to comply is not within the
control of this Association;
(iv) Such deductible as to loss, ut not co-insurance features, as the Board of
Directors in its sole judgement deems prudent and economical:
(v) That the insurance may not be cancelled or substantially modified (except
for the addition of property or increases in amount coverage) without at
leas thirty (30) days prior written notice to the named insured;
(vi) The standard mortgagee clause, except that my loss otherwise payable to
named mortgagees shall be payable in manner act forth in subsection (7)
thereof;
(vii) Proceeds for losses shall be payable to the Association or my Trustee
designated by the Board of Directors; and
(vhi) The armed insured shall be the Association for the benefit of the Owners.
(d) Definition: As rued in this SECTION, the term "all buildings and improvements"
shall include, without limitation, all Common Properties and personal property of
the Association, and replacements thereof, and may exclude building futures,
alterations, installments or additions situated within a portion of The Properties
used and owned exclusively by an individual Owner and made or acquired at the
expense of an individual Owner of that portion of The Properties.
Section 3. Liability Insurance: The Board of Directors shall obtain and maintain public
liability insurance for bodily injury and property damage in such limits as the Board of Directors
may from time to time determine, insuring the Association, the Board of Directors and each
Page 17 of 24 Page IS of 24
t

Owner with respect in his liabilityarising from ownership, maintenance or repair of the Common
Properties which is the responsibility of the Association including, without limitation, arising
from concoction operations. Such liability insurance shall also never cross -liability claims
among Owners and the Association The Board of Directors shall review such limits at least
normally. The insurance provided under this SECTION shall include, without limitation, the
following provisions:
(a) That the insuranee shall not be affected or diminished byany act or neglect of my
Owner or occupiers or Owners of my improvements when such an act or neglect
is not within the control of the Association;
(b) That the insurance shall not be affected or diminished by failure of my Owner or
any occupants or Owners of any improvements to comply with my warranty or
condition when such failure to comply is not within the control of the Association;
and
(c) Waivers by the insurerof rights of subrogation, other than those based on fraud or
criminal acts, against the Association and the Owners.
Section 4. Worlmen's Compensation frsurance: The Board of Directors shall obtain and
maintain Workmen's Compensation Insurance to meet the requirements of the laws of the State
of North Carolina.
Section 5. Owners Humid Insurance: Nothing herein contained shall require my Owner to
pay to the Association my amount for hazard insurance on my property owned by the individual
Owner. Each Owner shall be responsible for his own individual hazard insurance coverage on his
Dwelling Unit and all improvements and contents, except to the extort actually insured by any
policies obtained by or through the Association far the benefit of individual Owners. However,
each Owner shall be responsible for ascertaining whether or not the Association has obtained my
such insurance for the benefit of individual Owners. The Association may require an Owner to
exhibit his harrd insurance policy.
Section 6 Other Lusmance: The Board of Directors is authorized to obtain and maintain such
other insurance as it may from time to time deem appropriate.
ARTICLE XUI
DAMAGE TO OR DESTRUCTION OF PROPERTY
Section 1 Duty to Repair or Restore: Any portion of the Common Properties, damaged or
destroyed, shall be repaired or restored pmmptlyby the Association.
Section 2. Estimate of Cost Promptly after damage to in destruction of the Common
Properties, and thereafter as it deems advisable, the Board of Directors shall obtain reliable and
detailed estimates of the cost of repair or restoration If such cost in the opinion ofthe Board of
Directors nay exceed $10,000.00, the Board ofDimoors may retain the services of an architect
or engineer to assist in the determination of such estimates and in the supervision of ropair and
Page 19 of 24
restoration.
Section Collection of Construction Foods: Construction funds may consist of insurance
proceeds, condemnation awards, proceeds of assessments against Owners and other funds
received on account ofor arising out of injury or damage to the Common Properties.
(a) Lrsumme proceeds: The Board of Direnmrs shall adjust losses under physical
damage insurance politics of the Association. Such losses shall be paid to the
Association or any Trustee appointed by the Board ofDireetors.
(b) Condemnation Awards: Any condemnation awards with respect to the Common
Properties shall be paid to the Association or my Trustee appointed by the Board It
of Directors.
(c) Assessments against Owners: If the insurance proceeds and condemnation awards
ore insufficient to effect the necessary repair or maturation of the Common
Properties, such deficiency shall be charges against all Owners as a Common
Expense. The proceeds ofassessments for such Common Expense shall be paid to
the Association or any Trustee appointed by the Board ofDirecmrs.
(d) Payment by Others: Any other finds received on account of or arising out to injury
or damage to the Common Properties shall be paid to the Association or to my
Trustee appointed by the Board of Direetors.
Section 4 Plans and Specifications: Any repair or restoration mustbe either substantially in
accordance with the architectural and engineering plans and specifications for the original
improvements or according to plans and specifications approved by the Board of Directors.
Section S. Dwelling Units: Repairs or restoration of damage or destruction to a Dwelling
Unit shall be at the Owners expense, but to the extent the Association has actually obtained
policies insuring the interest ofm Owner with respect to his Dwelling Unit, the Association shall
make my insurance proceeds from my such policies obtained by the Association available to the
Owner for repairs or restoration.
Section ( Disbursement ofConshuction Funds: Any Trustee appointed by the Board of
Directors shall deduct from the construction funds its actual cos4 expenses and a reasonable fee
for the performance of its duties, and such trustee, or the Association if no Trustee is appointed,
shall disburse the balance in the following manner.
(a) Payment ofRepair or Restoration: Any Trustee or the Association for the payment
for, the costs ofrepair or restoration of the Common Properties including the cost
of temporary repairs for the protection of the Common Properties pending the
completion cfpermment repairs and restoration.
(b) Surplus Foods: If, after payment of all repairs and restoration, there remains my
surplus fund such funds shall be paid to owacrs in proportion to the contributions
Page 20 of 24

resulting from assessments levied against them pursuant to SECTION 3(c) of this
provided in writing to the Secretary) if such party makes written request to the Association
ARTICLE; provided however, no Owner shall receive a sour greater than actually
promptly after the end of each fiscal year.
contributed by him. Any surplus remaining after such payments shall be paid to
the Association and shall be part of its general fund for payment of common
Section 4. Examination of Records: Each Owner and Mortgagee shall be permitted to
expenses or prepayment of reserves.
"amine the books of account of the Association at reasonable times on business days, but not
more than once a quarter.
(c) Determination Not to Repair or Restore: if them is substantially total destruction
w determined by the Board of Directors of improvements on the Common
ARTICLE XV
Properties, and eighty percent(80%) of the Owners, including one hundred
RP OXIES
percent (100%) of the Owners of Units not to be rebuilt, vote not to proceed with
repair or restoration, fir mance funds shall be disbursed pursuant to the
Section 1. At all corporate meetings of Members, each Member mayvote in person or by
it
requirements of NCGS, as same maybe amended or modified from time to time.
proxy.
In the event of dispute as to the fact of substantially total destruction, that issue
shall be submitted to arbitration in accordance with the rules of the American
Section 2. All proxies shall be in writing and filed with the Secretary. No proxy shall extend
Arbitration Association and in accordance with North Carolina law.
beyond a period of cloven (11) months, and every proxy shall automatically cease upon sale by
Member of his Dwelling Unit in The Properties.
Section 7. Trustee: The Board of Directors may, but is not required to, enter into and keep in
force a bust agreement with a bank in the State of North Carolina with trust agreement with trust
ARTICLE XVI
powers to receive, sdminister, and disburse funds pursuant to ARTICLE X M herein. Any such
MISCELLANEOUS
trust agreement shall provide that upon tcrmination thereof all monies or funds held by the
trustee shall be turned over to a successor trustee which shall also be a bank in the State of North
Section 1. Notices: All notices hereunder shall be sent byroad to the Association at its
Carolina with tout powers. No amendment of the Declaration or of these Bylaws affecting
once, to Owners at the address of the Dwelling Unit or to such other address as may have been
ARTICLE XD or this ARTICLE XIII shall be binding on the Trustee until the Trustee receives
designated by such Owner from time to time in writing to the Association; to Mortgagees at their
notice of such amendment
addresses as designatod by them from time to time in writing to the Association. All notices from
or to the Association shall be decreed to have been given when mailed, except notice of changes
ARTICLE XIV
of address which shall be deemed to have been given when received.
RECORDS
Section 2. Captions: The Captions herein are inserted as a matter of convenience and for
Section 1. Records: The Association shall keep detailed records of the actions of the Board
reference, and in no way define, limit or describe the scope of these Bylaws or the intent of any
of Directors, minutes of the meetings of the Board of Directors, minutes of the meetings of the
provisions thereof
Owners, names of the Owners and Mortgagees, and financial records and books of amount for
The Properties, including chronological listing ofremipu and expenditures, as well as a separate
Section 3. Gender. The use of the masculine or neuter in these Bylaws shall be deemed to
amount for each Dwelling Unit which shall contain the amount of each assessment of Common
include the feminine gender, the use of singular shall be deemed to include the plural when the
Charges against such Dwelling Unit, the date when due, the amount paid thereon, and the
context so requires.
balance remaining unpaid. Unless the Owner notifies the Association of change in ownership, the
Association may rely on the names of Owners appearing on the municipal tax assessor's list as of
Section 4 Tort Liability. Each Owner shall be deemed to have released and exonerated each
the last municipal assessment date.
other Owner and the Association, and the Association shall be deemed to have released and
exoncrated each Owner, from my tort liability other than that based on fraud or criminal acts to
Section Statement A written report and statement summarizing all receipts and
the extent which such liability is satisfied by the proceeds of liability insurance carried by an
expenditures of the Association shall be rendered by the Board of Directors to all Owners at least
Owner or by the Association
annually.
Section 3. Annual Report: In addition to the arms] statement refcred to above, an Annual
Report of the receipts and expenditures of the Association, which may be prepared but not
necessarily audited by an independent certified public accountant, shall be rendered bythe Board
ARTICLE XVD
of Directors to all Owners and to all Mortgagees of Dwelling Units (whose name have been
INVALIDITY. CONFLICT AND WAIVER
Page 21 of 24
Page 22 of 24

Section 1. Invalidity. The Invalidity of anypart of these Bylaws shall not impair or affect in
any manner the validity, enforceability or effect of the balance of the Wows.
Section Conflict: These Bylaws are set forth to complywith the requirements of the North
Ca alma Nan -Profit Corporation Act, and the Declaration. In the event of my conflictbetween
these Bylaws and the provisions of mch Act, or of the Declaration, the provisions of such Act, or
of the Declaration, as the cause maybe, shall control.
Section 3. Waiver: No restriction, condition or covenant contained in these Bylaws shall be
deemed to have been waived by reason of failure to enforce the same, irrespective of the number
of violations or breaches thereof which may occur.
ARTICLE XVDI
Section 1. Method of Amendment: These Bylaws may be altered, amended or added to at
my duly called meeting of the Owners, provided:
(a) The Board of Directors of the Association shall adopt a resolution setting forth the
amendment proposed;
(b) That the notice of the meeting shall contain a substantial statement of the
proposed amendment;
(c) That the amendment be approved in writing by the holders of mortgages on not
less than fifty -me percent (51%) is the aggregate, of the Dwelling Units subject to
mortgages;
(d) That the amendment be approved by the affirmative vote of the majority of the
Members of the Association; and
(c) That said amendment shall also be stated in a duly recorded amendment to the
Declaration executed by die President and Secretary of the Association; however,
no ammdmmt to the Declaration, or the recordation thereof shall be necessary
unless such amendment to these Bylaws cremes an inconsistency with the
Declaration.
Notwithstanding the foregoing, the VA and /or FHA have the right to veto my
amendments to the Bylaws as long as the Declarant controls the Association.
Section 2. Effect of Amendments upon Eacumbmnces: No amendment of Bylaws will effect
or impair the validity or priority of my mortgage enmmberiug my Dwelling Unit, nor the
validity or priority of my other proper rim.
L Jacob C. Mullins . President of WHEELER AVE HOMEOWNERS
ASSOCIATION, INC., hereby certify that the foregoing constitute the bylaws of this corporation
as adopted and in full force and effect on this_ day of, 2022.
WHEEI AVE HOMEOWNERS ASSOCIATION, INC.
President
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