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WQ0002001_Additional Information Response_20211007
Rowan Wastewater Management Lynn Aldridge 1200 Crossover Rdg Dr Salisbury NC 28147 704-431-5266 rowanwastewater@gmail.com September 30, 2021 Edward Watson, Hydrogeologist Mooresville Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDEQ Re: Monitoring Wells @ Waters Edge (MW1 and MW3) Dear Mr. Watson: This letter is to follow up on a conversation that we had concerning the monitoring wells at Waters Edge subdivision. There is some question about the integrity of MWs 1 and 3. 1 have followed your suggestion and have airlifted both wells. Below are my findings. MW 1- According to our records the depth when drilled was 34ft. The depth of the well on 9-27-21 was measured and is still 34ft. Also, on this date the water depth was 1.5ft from the bottom. After the airlifting process I returned on 9-29-21. Both the well depth and the water depth were unchanged. MW 3- According to our records the depth when drilled was 17.5ft. The depth of the well on 9-27- 21 was measured and is still 17.7 ft. Also, on this date the water depth was 8ft from the bottom. After the airlifting process I returned on 9-29-21. Both the well depth and the water depth were unchanged. I'm not sure what we need to do next. I'll look forward to discussing this issue with you. As always thank you for sharing your expertise and experience. Sincerely, Lynn Aldridge, ORC Waters Edge Cc. Cameron Spencer STATE OF NORTH CAROLINA COUNTY OF Permit No. OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (d 1) and entered into this day of OCA-6b Zy Z 1, by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Jc�{-�✓5 ed t-- erc-0t.." A-y,5u,4-mAr&•1 c'1 , 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. K Qv L, V,(- WITNESSETH: The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as �b%K-te-.tS :E�yqL pcKa,r E-ti I�o.v�n� !i-SSocrN}!w� (hereinafter the Development); of operating, maintaining, re-c nstructing and repairing the common o^ elements of the lands and improvements subject to unit ownership, including the wastewater collection (A-4-) system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); Qum and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. L,61 ~�- 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 Chapter 47C 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 by the Association except for Federal, State, and local taxes and insurance. FORM: HOA I 1-17 Page I 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 yearly budget. 4. In the event the common expense allocation and separate fand(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 any time. 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 may require 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 by the 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 Linda Culpepper, Interim Director Division of Water Resources (Date) 1,J-AtW E:dCjC Qryk�0 M�-0 aln Name of ASSOCIATION 1+-1�V% B (Signature c o, rhr-'r-avN S Qv�Ls� Pr Sc Print Name and Title kol-1lzi (Date) FORM: HOA l 1-17 Page 2 of 2 0 O L� RW PERSD 40H COVE RD VICINITY MAP***NOT TO SCALE LEGEND Existing Stone Sprinkler Head Ex. Iron (as described) New Iron (#5 rebar) Point (not set) Nail Centerline Right--of--Way 1 Um t o Waters .Road 60** RW ° v O 4 i 4 t �410 wo � LOT 1: • d0 0 f3 4�v %K ti ©.,. ** ss fio '(0 �� 'r 9�SA O)j �9 9n A� 00 # I, RICHARD L. SHULENBURGER, PROFESSIONAL LAND SURVEYOR, L--2667 N.C., CERTIFY THAT THIS SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT CREATE A NEW STREET OR CHANCE AN EXISTING STREET. CHARD L. SHULENBURGER, P.L.S. DATE * \ LOT 25A / ;44,- S'�LOT 31 A �'� '�'s �4ncTl S LOT 32A �°q � II � � �, og LOT 24A LOT WA / �Q \ t S Aga LOT 34A s* � ry * LOT 23A M V60"' S l � N S \ tb \ ,z. / LOT 36A O�c LOT 43A \ �O ham• � JK LOT 11 � Bent 3/4" Iron Pipe LOT 44A + r� O • �` 284.71' +/— 3/4"' EASEMENT TO "jam Iron Pipe DEER LAKE RUN 17.435 Acres WATERS EDGE PROPERTY OWNERS 0 LOT 45A SANITARY SEWER ASSOCIATION D.B. 649 PG. 424 � W L1. 3 U Ca LOT 46A ter' m © taJ IT %C � # m 3/4' Iron Pipe ' 13" W 615•p0 ...-S82'47 LOT 14 j CEpp 3 #* j sEDGE'��" AGE � I ��A�som �Map5�5P ��````` �►� CARS t '''''•� :t r `` SEAL L-2667XNN 10 Surveyor Certificate "I certify that this map was drawn under my supervision from an actual survey made under my supervision (deed description recorded in Book 649, Page 424); that the boundaries not surve are indicated as drawn from information in Book of Maps 9995 Page n % that the ratio of precision or positional accuracy is 1: i 0,000-i-; and that this map meets the requirements of The Standards of Practice for Land Surveyin in North Carolina (21 NCAC 56.1600)'" This 10th day of September, 2016. Richard L.. Shulenburger, P.L.S. 0 z 0 W W O Line Bearing Distance L 1 S 85* 48' 36" E 25.OV L2 S51*12"4rE 3O.W SPRAY FIELD SURVEY FOR: wUraters Edge Property %ws Sanitary Sewer Assoc SCALE: 1' = 100' REV.: 9-10-2021 DATE: 10-28-2016 Lagoon & Irrigation Area PRovroorcE TOWNSHIP, RowAN c"nr. WRni cARouNA RACES: Parcel !D 614 145. Deed Book 649 Page 424. Comooeite Mao by this Co. of Waters Edoe. Dated 2-7-1989. SURVEY AND MAP BY SHULENBURGER SURVEYING COMPANY, P.A. (FIRM # C-1858) 614 N. MAIN ST., SUITE A. SALISBURY, N.C. PHONE: 704--637-9623 EX111BI D WATER'S EDGE PROPERTY OWNERS SANITARY SEWER ASSOCIATION I I� B Y LAW S 1NDLX 1. Applicatiun of Bylaws 2. Association of .Unit Owners 3. Meetings of the Association 4. Officers 5. Board of Directors 6. Common Expenses: Assessments 7, Collection of Assessments 8. Litigation 9. Abatement and Restraint of Violations by Unit Owners 10.' Special Committees 11.• Membership and Voting 12., Notices, Waiver of Notice 13. No Waiver 14. Amendment of Bylaws 15. Pets. 16. Severability 17. Captions 18. Effective Date M EXHIBIT D. BYLAWS OF WATER'S.EDGE PROPERTY OWNERS.SANITARY SEWER ASSOCIATION A North Carolina Nonprofit Corporation The administration of Waters Edge and The Water's Edge Property Owners Sanitary Sewer Association shall be governed by its Articles of Incorporation, these Bylaws, by the Unit Ownership Act, North Carolina General Statutes Chapter•47A,.,as amended (the "Act"), and by the Declaration. 1. Application of Bylaws All present and future unit owners, mortgagees, lessees and occupants of lots or units and their employees, and any other persons who may use the facilities of the property in any manner are subject to the Declaration, the Articles of Incorporation, these Bylaws, and all rules made pursuant hereto and any amendment thereof. The acceptance of a deed of conveyance or the entering into of a lease or the act of accupancy of a unit shall constitute an agreement that the provisions of the Declaration, the Articles of Incorporation, and these Bylaws (and any rules and regulations made pursuant thereto), as they may be amended from time to time, are accepted, ratified, and will be complied with. 2. Association of Units Owners Water's Edge Property Owners Sanitary Sewer Association is a nonprofit corporation organized under the provisions of Chapter 55A, North Carolina General Statutes. The name in which contracts shall be entered into, title to property - shall be acquired, held, dealt in, and disposed of, bank accounts shall be opened, and suits shall be brought and defended by the Board of Directors or officers thereof on behalf of and agents for the unit owners in the manner specified by the Act, the Declaration, or these Bylaws, is: Water's Edge Property Owners Sanitary Sewer Association,.a North Carolina nonprofit corporation. 3. Meetings of the Association 3.1 The presence in person or by proxy at any meeting of the association of unit owners holding at least fifty percent (50%) of the undivided ownership of the common areas and facilities in response to notice to all unit owners of record properly given shall constitute a quorum. In the event that unit owners holding at least fifty percent (50%) of the undivided ownership of the common areas and facilities are not present in person or by proxy, tha meeting shall be adjourned for twenty-four (24) hours, at which time it.shall... reconvene and any number of unit owners present at such'.'' subsequent meeting will constitute a quorum. Unless otherwise . expressly provided in the Declaration or the Articles of Incorporation, any action may be taken at any meeting of the unit owners upon a majority vote of the unit owners who are present in person or by proxy and who are voting. 3.2 There shall be an annual meeting of the association on the second Thursday of February at 7:00 p.m. at the. property or at such other reasonable place or time (not more than sixty (60) days before or after such date) as may be designated by written notice by the Board of Directors delivered to the unit owners not less than fifteen (15) days prior to the date fixed for said meeting. At or prior to an annual meeting, the Board of Directors shall furnish to the' unit owners: M a budget for the coming fiscal year that. shall itemize the estimated common expenses of the coming fiscal year with the estimated allocation thereof to each unit owner; and (ii) a statement of the common expenses, itemizing receipts and disbursements for the previous and - current fiscal year, together with the allocation thereof to each unit owner. Within ten (10) days after the annual meeting, the budget statement shall be delivered to the unit owners who were not present at the annual meeting. 3.3 Special meetinps of the association may.be held at any time at the property or at such other reasonable place to consider matters which, by the terms of the Declaration or the Articles'of Incorporation, require the approval of all or some of -the unit owners, or for any other reasonable •' purpose.' Special meetings shall be called by written notice*.:•; signed by a majority of the Board of Directors, or by unit owners representing -at least one-third (1/3) in interest of the undivided ownership of the common areas and facilities and delivered to all unit owners not less than fifteen (15): days prior to the date fixed for said meeting, —Th"6 notices..:.:: shall specify the date; time and place of the meeting, and matters to be considered. 3.4 Robert's Rules of Order (latest edition) shall govern the conduct of the association's meeting when not in : conflict with the Declaration or these Bylaws. 4. Officers - 4,1 .,All' officers and employees of the association shall,; 4 serve -'at the- will of. -the -Board of Directors:: The officers-.,..! •;:-. shall- be a president) secretary, and treasurer.: The: Board of Directors may appoint s— cFFother assTstant•officers.as- the Board of directors may.deem.necessary.:• No' officer-sha11 be required to be a unit. owner,but the preaident•must-be_a.•.. member -of -the Board'of Directors.::: No officer'ahall receive compensation fQ.r serving"a.s..,such...-.-Officers shall be annually elebcted•'the Board of' Directors an may be remove an replaced.. by tT_e_B_o_a_rT of Directors.- •The Board of Directora. may, in its discretion;' require that officers (and other employees of - the association). be subject to fidelity bond..,:,;: coverage.. _Resignation_ of_ any officer. shall: -be in..writing directed -to. the^Board of Directors. which. -shall- a*ct_-promptly:.- thereon, - 4 2�.•The president shall .be the chief executive. of .the ..'_ f� Board._of Directors and. shall .preside: at all meets_ngs..of•.the•.� unit owners.and. of the..Boerd. of Directors and -ma ex err-isa 7•_r,:-,. the poers : ordinarily. ase- signed to and 4%the' .' - presiding'offirer pf-'an.assoriation,:..including: the'.apppintmnt:-{; of committees.' -The president shall:.exercise' general eupervisior(;;.'.: over the_.property'and:its,affairs He.shall-sign.behaIf of.the association"all.' conveyances, mortgages;•and of material:.importance• to..its. bus iness.'-,-He=shall, do -and: perform, all;aota which the"Board of. Directors imfty.,:require. 4.3 Thesecretary- shall_keep minutes of --all p;oceedings of the Board qf-Directors .and' of.: the•meetingp,'of the association w' and shall'.keep such books -and records as may be necessary and appropriate for the records'of the unit owners and the :NRY LAW .o i !� Board of Uirectors. In the absence or inability of the pre,idvnt. Lhe secreei,ry shall perform the functions of the I. presidunt. 4.4 The treasurer shall be responsible for the fiscal affairs of the association, but may delegate the daily handling of funds and the keeping of records to a manager or managing company. 4.5 The membership may ratify actions of the officers subsequent thereto and thereby give•full force and effect to such actions as though approved in advance. 5. Board of Directors 5.1 The management and maintenance of he�r� erty and the business, ro ert ���� p p y, 'and affairs of The `�`o`meownera Association ("association") shall be managed by a Board of Directors consisting of five (5) members, who need not be.--:.-.. unit owners.- The Board of Directors shall he elected as: ;. provided.in:these Bylaws. 5.2 The Board of Directors shall have all the powers,' duties, and responsibilities as are now or may hereafter be provided by the Act, the Declaration, the Articles of Incorpora.tio and these Bylaws, including but not limited to the following:.....;: 5.2.1 To make and enforce all house rules and administrative rules and regulations covering the operation and maintenance of the property. 5.2.2 To engage the services of a manager or managing company, accountants, attorneys, or other employees <` or agents and to pay to said person's reasonable compensation,;;;. therefor. 5.2+'3 To operate, maintain, repair, improve, and .replace the common areas •and facilities..'-'_ 5. 2,.4 To determine and pay, the commop :expenses; 5:2•.5:`=17To'assess and collect the:proportionate•" -^':; :. '?;.•;h share-,of- common:axpensas'from the unit owners;.•, ,_. 5.2.6 ' To 'enter •into contracts, deeds,- leaaes,-or. . , . other written instruments .or documents and -to• authorize the execution and delivery thereof by the appr.oprfate:off�cerp.' 5.2:7 To open bank accounts on behalf of the - association and- to designate the signatures thereof. t 5.2.8 To'purchase,: hold, sell; convey, mortgage; or 'leaee any one or more units in - the name of the association or. its designee... 5.2.9!'-To'bring; prosecute, -'and settle'litigation.-. for •itself, -the =association, and the property, provided .that �..:.;,:•i•;, it shall make no 'settlement which results in a-liabilit�c1 =� against.the Board`of -Directors, the association;ror- thV-i(.'?'' property, in excess^of $5,000,00 without .pripr-.approval' -of 'A % majority of unit ' owners , •. s ;%, _,, "' ~ �.5:2:10 'To -obtain insurance for. the.association�� ,;'�:':'i;:t _with:.respect to.'.the units and the common erase and fagi�it�ea •ae well as Workmen's Compensation'Insurance: •;�+��:^. '.��;`;;j,�;:� I v PCNRY .Y. AT LAW 5.2.11 To repair or restore the property following damage or destruction, or a permanent taking by the power of, or power in the nature of, eminent domain or by an action or deed in lieu of condemnation, not resulting in the removal -of the property from the provisions of the Act.. 5.2.12 To own, purchase or lease, hold and sell, or otherwise dispose of, on behalf of the unit owners, items of personal property necessary to or convenient in the management of the business and affairs of the association and the Board of Directors and in the -operation of the property, including without limitation furniture, furnishings, fixtures, maintenance equipment, appliances, and office supplies. 5.2.13 To keep adequate books and records. 5.2.14 To borrow funds and enter into promissory notes. 5.2.15 To sell portions of the common areas and facilities. 5.2.16 To have a coporate seal. 5.2.17 To approve and sign checks and issue,psyment vouchers.' 5.2.18 To pay off liens against any portion of the property. 5.2.19 To do all other acts necessary for the operation and maintenance of the property, including the maintenance and repair of any unit if the same -is -necessary to protect or preserve the property, provided however that the management shall operate no other business for profit. 5: 3 '' the 'Board : of Directors may -delegate- to a manager or managing company. all of its foregoing powers, duties, and responsibilities referred to in paragraph 5.2 above except: the final determination of common expenses, bud ggets and assessments based thereon, the promulgation of house rules and admini-strative'rules and regulations, -'the, power' to enter into any contract involving more than $5,000.00 in any one fiscal year, the opening of bank, accounts, the power to .purchase,'hold,-•-,sell,:'convey,- mortgage• or lease Any _units in the name of'the association or to bring, prosecutemor settle litigation:_ _. -5.4' Members of'the Board of -Directors 'the.officers and -any assistant officer, agents, and employees of the association (i) shall not be liable..to the unit owners as a result of 'their activities as -such for any mistake of judgment, negligence or otherwise, except for their own willful misconduct or gross negligence; (ii) shall have no personal liability in contract to a.unit owner or any other person or entity -under .any -agreement;• instrument;- or transaction- entered into by --them on behalf. -of the association in their--,capaci.ty *as such;•(iii) shall'. -.have no personal liability in --tort to any unit owner or-any:person or'entity,• direct=for••them' in their capacity as such; and (iv) shall have no personal liability.• 'arising out 'of the 'use, misuse, or condition of the property,, which might in any way be assessed against or -imputed to _them as a result•or;by virtue.of-their, apacity as such. •09 6 PENNY .n n�V• Ar LAW it 5.5 The unit owners shall indemnify and hold harmless, any person, his heirs and personal representatives, from and against all personal liability and all expenses including counsel fees, incurred or imposed, or arising out of or in settlement of any threatened, pending or completed action, suit or proceedings, whether civil, criminal, administrative or investigative instituted by any one or more unit owners, or any other persons or entities, to which .he shall be or shall be threatened to be made a party by reason of the fact that he is or was a member of the Board of Directors or an officer or assistant officer, agent or employee of the association, other than to the extent, if any, that such liability or expense shall be attributable to his willful misconduct or bad faith, provided, in the case of any settlement, which approval is not to be unreasonably withheld. Such right of indemnification shall not be deemed exclusive of any other rights to which such person may be entitled as a matter of law or agreement'or vote of unit owners or of the Board of Directors or otherwise. The indemnification by the, unit owners -as contained herein shall be paid by the Board of Directors on behalf of the unit owners and shall constitute a common expense and shall be.assessed and collectible as such, 5.6 Beginning with the first annual meeting and at every other annual meeting thereafter, the association shall elect the members of the Board of Directors for the forthcoming year. At least thirty (30) days prior to any annual meeting of the association, the Board of Directors shall select from the unit owners a nominating committee of not less than three (3) members (none of whom shall be members of the then Board of Directors) who shall recommend to the annual meeting one nominee for each position on the Board of Directors to be filled at that particular annual meeting. Nominations for positions on the Board of Directors may also be made by petition filed with the secretary of the. association prior to the annual meeting of the association, which petition shall be signed by three (3) or more unit - owners -and signed -by the nominee named therein indicating his willingness to serve as a member of the Board of Directors if elected. Members of the Board of Directors shall -not be required to be unit "owners, but must be natural persons and residents ofithe State of North Carolina. . 5.7 Members of.the Board of Directors shall serve for a term of two (2) years.- The members of the Board of Directors:. shall serve until.their respective successors are elected, or until their death, resignation, or removal. Any member of the Board of Directors who fails to attend three consecutive Board of Directors meetings, or fails to ,attend at least.25 percent of the Board of Directors meeting's held -during any calendar year shall forfeit his membership on the Board of Directors, 5.8. Any member of.the Board of Directors may resign at any time by giving written notice to the president of the - association or the remaining Board of Directors members. Any member of the.Board of Directors may be removed from' membership on•the•Board of Directors by.a two-thirds majority vote of the association.- Whenever there shall occur a vacany on the Board of Directors due to death,•resignation, removal. or any other-cause,•the.remaining members -shall elect'a 'successor member -to -serve until the next annual meeting of the association,• at which time said vacancy -shall be filled by the association for the unexpired term, if any. s PENRY [T• AT L.AW .a. MO •T��■ II e r►HAY 1V■ AT LAW ... I... ". MG .TAPS 5.9 The INUM bars of Lhe Board of Directors shall receive no vow1)viM;1Liu0 fur Lhuir services unless expressly approved by a majjurity of the association; provided, however, that any mcmher of LhC Roard of Directors may be employed by the 1►Ssl+CLIL.lun in anuLher cr;paciLy and receive compensation for such empluymenL, if 0ll►c141se allowed. 5.10 The meetings of the Board of Directors shall be hclo at such 11laces wiLhin the Slate of.North Carolina as the Board of. Directors shall determine.. A majority of the members of chQ Board of Directors shall constitute a quorum and if a quorum is present, the decision of a majority of t'hose present shall be Lhe act of the Board of Directors. The board of Directors shall annually elect all of the officers of the association. The meeting for the election of officers shall be held at the first meeting of the Board of Directors imu►ediaLely following the annual meeting of the association.. 5.11 :Regular meetings of the Board of Directors may be held without call or nuLice. 5.12 Special meetings of the Board of Directors may be called by the president or by any two Board of Directors members. The person or persons calling a special meeting of the Board of Directors shall, at least ten (10) days before the meeting, give notice thereof by any usual means of communication. Such notice need not specify the purpose for, which the meeting is called; if an agenda is prepared for such a meeting, the meeting need not be restricted to discussions of those items listed on the agenda. •.5.13 Any member of the Board of Directors may, `at any, time,waive• notice of any meeting of. the. Board of Directors in writing, and such waiver shall be deemed equivalent to . the giving of such notice.. Attendance by a member of the' Board of Directors at a meeting shall constitute a waiver of notice of such meeting, except for attendance for the. - purpose ' of objecting.. to the transaction of any business because the meeting was not lawfully called. If all the members of the Board of Directors are present at any meeting of the. Board ,of Directors, no notice shall be required and any' business 'may be transacted at such meeting, „ 5.14 The fiscal year shall be determined -by the Board.. of Directors,-• 5.15 The.membership may ratify actions taken`by the Board of Directors subsequent to. such actions and thereby Five such action .the full force and effect as' though approved in. advance.. •• _ 6. Common Expenses: Assessments 6.1 All assessments shall be made.and.collected in accordance with this paragraph and the provisions.of paragraph 7 hereof. - 71: 6.2 Each homeowner shall .bey liable for a proportionate -.- share of the common expenses, such shares being the same as the percentage .of undivided interest in. the common areas and facilities appurtenant to the unit owned by. the unit owner as set forth .in Exhibit .A;.provided that owners -of lots br units on -which no'house has been buiit..shall be liable for only one - forth of the amount of homeowners liability fora water front lot and one -tenth of thQ amount for a lot which does not border on the lake. A house wi•11 be considered built if the foundation was in prior to the 'beginning of such fiscal year. 6.3 Within thirty (30) days prior to the annual meeLiiig of the association, the Board of Directors shall estimate the common expenses and capital contributions for the following year. The estimated capital contributions may include such amounts as the Board of Directors may deem proper for general working capital, for the general operating reserve, for a reserve fund for replacements and major maintenance, and shall take into account any expected income, surplus, or deficit in the common expenses for any prior year. These estimated capital contributions and common expenses shall be presented at the annual meeting and thereafter shall be assessed on an annual basis to the unit owners in proportion. to their percentage of undivided interest in the common areas and facilities as set forth in the Declaration, subject to paragraph 6.2 above. If the estimated common expenses prove inadequate for any reason, including nonpayment of any unit owner's.assessments, the Board of Directors may, by resolution duly adopted, make additional assessments, which shall be assessed to the unit owners in the same manner as the estimated common expenses. Each unit owner shall be obligated to pay to the Board 'of Directors assessments made pusuant to this paragraph on or before the tenth day of the month following such assessment, or in such other reasonable manner as the Board of Directors shall designate. The funds received by the Board of Directors from assessments shall be kept in either the capital account or in the common expense fund and shall be expended by the Board of Directors only in accordance with the provisions of the Act, the Declaration,. and these Bylaws. 6.4 The failure by the Board of Directors before the expiration of any year to estimate the common expenses as .• required herein shall not be deemed a waiver or. modification in any respect of the -provisions of the Declaration or these Bylaws, or a release -of the unit owner from the obligation to pay any past or future assessments,and the estimated - common expenses fixed for the previous and current year shall continue-until•a new estimate is fixed. --'6'.'5 'No• unit owner may- exempt Himself• from liability. -for 'common expense--by:.wai.ver of the, use or"enjoyment'of-'any-of the common areas •and.facilities.or-.by-abandonment of his unit. The treasurer shall keep detailed records of all receipts and expenditures, including expenditures affecting .the common areas and facilities, specifying and itemizing the maintenance, repair; and replacement expenses of -the common -areas and facilities and any other expenses. incurred. In accordance with the actions of the Board of Directors assessing, common expenses against the units and unit owners, the treasurer shall keep an accurate record of such assessments and of the payments thereof by Cach unit owner. The books and accounts of' -the association- shall be-kept:inaccordance with'generally Iaccepted'accounting procedures•under the*.'-.. direction of the treasurer. The books and accounts of the association shall be available for inspection at the office• of the association by -any unit•owner or his authorized- _- representative'during:the regular business:hour3:.< 6;7.=;There'sball-be^no single improvement exceeding the sum 'of $5,000:00•made.by the Board of:Directora without the = - - n_ ... I �•. -. .ron. r.o •r••s • same having been first voted on and approved by two-thirds (2/3) majority of those present in person or by proxy of the association at a meeting duly called for that purpose. The foregoing shall not apply in connection with damage or destruction referred to in paragraph 10 of the Declaration or to such structural alterations, capital additions to, or capital improvements of the common areas and facilities as are necessary in the Board of Directors' reasonable judgment to preserve or maintain the integrity of.the common areas and facilities or the property. 6.8 The Board of Directors shall build up and maintain reasonable reserves for working capital, operations, contingencies and replacemnts. Extraordinary expenditures not originally included in the annual budget which may become necessary during the year shall be charged first against such reserves. If the reserves are inadequate for any reason, including non-payment of any Unit Owner's assessment, the Board of Directors may at any time levy a further assessment, which shall be assessed against the Unit Owners according to their respective 'Percentage Interests, and which may be payable in a lump sum or in installments as the Board of Directors may determine. The Board of Directors shall serve notice of any such further assessment on Unit Owners by a statement in writing giving the amount and reasons therefor, and such further assessment shall, unless otherwise specified in the notice, become effective with the next monthly payment which is due more than ten days after the delivery of such notice of further assessment. All Unit Owners so notified shall be obligated to pay the adjusted monthly amount or, if such further assessment is not payable in installments, the amount of such assessment. Such assessment shall be a lien as of the effective date as set forth hereinafter. 6.9` Amendments to this paragraph 6 shall befeffective only upon unanimous written consent of the unit owners and their mortgagees. 7. Collection of Assessments 7.1 All common expense assessments -shall be a separate, distinct,'and personal liability of the owner of'the unit at the''tim a each assessment is made. The Board of Directors shall"have-the rights and remedies contained in the Act, the Declaration, the Articles of Incorporation, and these Bylaws to enforce the collection of assessments for common expenses. 7.'2 Any person who shall have, entered into a':.i4ritten agreement to purchase a unit shall,`be.-entitled to obtain a -written statement from the treasurer setting forth the .amount of unpaid assessment charged against the unit andits owners and if such statement does not reveal the'full amount of the unpaid assessments as of -the date it is rendered, neither the purchaser nor the unit shall be liable for the payment of-an.amount in excess of the unpaid assessments shown thereon, provided that the former unit owner grantor shall remain so liable. '.-Any such excess which cannot be promptly collected from the former'unit owner grantor shall be reassessed by the Board of Directors'as a common expense -to=be collected from all unit owners,'including without limitation the purchaser of the unit, his successors and assigns. .The new unit owner shall, and the former unit owner shall not,,be liable for any'assessments made after the date". of transfer of title to a unit, even though the common expenses for the expenses incurred or the advances made by the Board of Directors for which the assessment is made relate in whole or in part to any period prior to that date.'..' 4USB A PaNav TO..KY* AT L w �. o. •oa .uo unOT011, no 07.1. 7.3 Each mortgagee who comes into possession of a unit by virtue of foreclosure or by deed or assignment in lieu of foreclosure, or any purchaser at a foreclosure sale, shall take the unit free of any claims for unpaid assessments or charges against such unit which accrue prior to the time such mortgagee comes into possession thereof, except for claims for a pro rata share of such assessments or charges resulting from a pro rats reallocation of such assessments or charges to all units including the mortgaged unit. In the event that title to a unit is transferred at a sheriff's sale pursuant to execution upon any lien against the unit, the Board of Directors shall give notice in writing to the sheriff of any unpaid assessments for common expenses which are a lien against the unit, and for any expenses of or advances by the Board of Directors which have not theretofore been reduced to a lien, which shall be paid out of the proceeds of the sale prior to the distribution of any balance to the former unit owner against whom the execution was issued or his creditors. The purchaser at such sheriff's sale and the unit involved shall not be liable for unpaid assessments for common expenses and for any expenses of or advances by the Board of Directors which became due prior to the sheriff's sale of the unit. Any such unpaid assessments which cannot be promptly collected from the former unit owner shall be reassessed by the Board of Directors as a common expense to be collected from all of the unit owners, including the purchaser who acquired title at the sheriff's sale, his successors and assigns. 7.4 In addition to the statements issuable to purchasers of units, the Board of Directors shall provide a current statement of unpaid assessments for common expenses and for any expenses of and advances by the Board of Directors in respect of the unit, to the unit owner, to any person who shall have entered into a binding agreement to•purchase the unit, and to any mortgagee on request at reasonable intervals. 7.5 In all cases where all or part of any assessments for common expenses and for any expenses of and advances by the Board of Directors cannot be promptlyscollected from the., persons or entities liable therefor.under the Act,:the.... Declaration,,the Articles of Incorporation, or.these Bylaws, the.Board of'Directors shall reassess'the.same as a common expense, witbout.prejudice to its rights of collection against.such persons or entities.- 7.6 Lien for unpaid assessments. 7.6.1 All sums assessed to any unit pursuant to this section, together with interest thereon as provided.. herein, shall be.secured by a lien on:such unit -in favor -of the -Board of Directors. Such lien shall be superior to all other liens -and -and encumbrances on such unit, except only for: •(1)•valid tax and special assessment liens on the unit in favor of any governmental assessing authority;•and.(b). encumbrances on:the interest of -the unit owner -recorded• pprior to the:date that notice of the lien'provided for herein is,.recorded which .by law.would.be a lien prior to subsequentlyrecorded encumbrances. All.other.lienors acquiring liens on•any unit such notice shall'.be deemedto consent that -such liens:shall be inferior to future liens for- assessments, as provided herein, whether or not.such consent be specifically. set forth in the -instruments creating such liens — 1 O. PCNHY .CY• AT "W DN. FD •1��• • I • 7.6.2 To evidence a lien for sums assessed pursuant to this section, the Board of Directors may prepare a written notice of lien setting forth the amount of the assessment,. the due date, the amount remaining unpaid, the name of the owner of the unit, and a description of the unit. Such a notice shall be signed by su h body in to office of the Clerk of Superior Court of MiE�iga County, North Carolina. No notice of lien shall be recorded until there is a delinquency in payment of the assessment for thirty (30) days or more, Such liet,s may be enforced by foreclosure by the Board of Directors in the same manner in which•mortgages or trust deeds on real property may be foreclosed in North Carolina. In any such foreclosure, the owner shall be required to pay the cost and expenses of such proceeding, the costs and expenses of filing the notice of lien, and all reasonable attorney's fees. All such costs, expenses, and fees shall be secured by the lien being foreclosed. The lien shall also secure, and the owner shall also be required to pay to the Board of Directors, any assessments against the unit which shall become due during the period of foreclosure. The - Board of Directors shall have the right and the power to bid• an amount equal to its then existing lien at the foreclosure sale or other legal sale to acquire, hold, convey, lease, rent, encumber, use, and otherwise deal with the same as the owner thereof. 7.6.3 A release of lien shall be executed by the Board of Directors and -,,recorded in the office of the Clerk. of Superior Court of "" n`` �°,. "}L, upon payment of all sums and secured by a lien which has been made the subject of a recorded notice of lien. 7.6.4• Any encumbrancer holding a lien on a unit may pay, but shall not be required to pay, any amounts secured by the lien created by'this section, and upon such payments such encumbrancer shall be subrogated•to all rights of ,the Board of Directors. -with respect to such lien, including priority. i 7.6.5-.:The'assessing•body 'shall report 'to'any..encumbrancei .of••a unit any unpaid assessments remaining unpaid.for longer than•thirty (30) days'after the same shall have become due; .provided, however, that such encumbrancer first"shall have furnished'to the assessing body written notice of such': encumbrance. 7.6.6 In any foreclosure of a lien for assessments, the unit owner -subject to the lien shall be required to pay a reasonable rental for the unit, and the Board .of Directors shall be entitled to the•appointment of•a•receiver to collect.. the same.... -7.7 Personal obligation assessments. The -amount of•any annual or;special assessment against any unit shall be the .personal•obligation of the owner thereof to the'Board of -- Directors. Suit to recover a money judgment for such personal obligation shall be maintainable.by the Board of.Directore -without foreclosing or waiving the lien securing :the same. No owner may avoid. or diminish any -personal obligation by• waiver of 'the use and enjoyment of .any of the _common _areas .or by•.abandonment •of .his -unit. 7:8 ::•In -additioW-to and not limited'by any other remedy" ' provided for' herein,' the' Board of Directors may restrict or...: J89 A PENMe DANKY• AT LAW . O. BOY 10 h OTOIL MO •1��■ - deny the use and enjoyment of any common area or facility to any owner, his family, guests, or assigns, who is delinquent in the payment of any regular or special assessment. 7.9 If the unit owner shall, at any time, let or sublet his unit and shall default for a periof of one month in the payment of assessments, the Board of Directors may, at its - option, so long as such default shall continue, demand and receive from the tenant or subtenant of the owner the rent - due or becoming due, and the payment of such rent to the Board of Directors shall be sufficient payment and discharge of such tenant or subtenant and the owner to the extent of the amount so paid. 7.10 Assessments and any installments thereof not paid on or before ten (10) days after the date when due.shall be subject to a late charge of $5.00 or of such other amount as shall'be set by the Board of Directors or shall bear interest at such rate of interest as may be set by the Board of Directors, from the date when due until paid. All payments on account shall be first applied to interest and then to the assessment payment first due. 8. Litigation 8.1 If any action is brought by one or more but less than all unit owners on behalf of the association and recovery is had, the plaintiff's expenses, including reasonable attorney's fees, shall be a common expense; provided, however, that if such action is brought against the unit owners or against the Board of Directors, the officers, employees, or agents thereof, in their capacities as such, with the result that the ultimate liability asserted would, if proved, be borne by all the. unit owners, the plaintiff's expenses, including counsel fees, shall not be charged to or borne by the•other unit owners, as a common expense or otherwise. 8.2 Complaints brought against the association, the Board of Directors or the officers, employees, or agents thereof, in their respective capacities as such or the property as.a whole, shall be directed co the Board•of Directors ,-�w_hich-shall promptly give written notice thereof'.-:.. to to the unit,owners"and any mortgagees and -shall .be defended..:'..- by the Board of.Direccors and the unit=owners,and mortgagees shall have-no'right to participate ocher than through the Board of Directors in such defense. Complaints against one or more, but -less than all unit owners, shall be directed to such•unit:owners,-who shall promptly give written notice ` thereof to the•Board of Directors -and to the mortgagees - affecting such -.units, and shall.be-defended by -such unit owners. 9. Abatement'and.Restraint of_Violatigns.by Unit Owners. The violation of any house rules or administrative rules or regulations adopted by the Board of Directors.or the .- breach of any provision contained:herein, or: the breach of any provision- of: the. Dec laration, - shall. give the, Board of:_= .. Directors the . right,% in addition -.to . any: other -'.rights set...' . forth in these: Bylaws: - - - 9.1 To•'enter'.the unit in which or as to which such violation or breachexists and to summarily abate and remove,_ 's ' at the expense -of -the defaulting unit owner, any structure, thing, or condition that may exist therein contrary to'the i9 6 PENHK %N[Ve AT L_ -W i intent and meaning of the provisions hereof, and the Board of Uir%�ctors shall not thereby be deemed guilty in any munner of trespass; or 9.2 To enjoin, abate, or remedy by appropriate legal proceedings, either at law or in equity, the continuance of...:.;:'; any such breach. 10. Special Committees The Board of Directors by resolution' may designate one or more special committees, each committee to cons ist�of,,.tvo•.'`?' (2) or more unit owners which, to the extent provided in said resolution, shall have and may exercise the powers set forth in said resolution. Such special committee or committees:.`;'-: shall have such name or names as may be determined'from time:;°��>, to time by the Board of Directors. Such special committees''` shall keep regular minutes of their proceedings and reporG;� the same to -the Board of Directors when required, The members of such special committee or committees designated shall* be appointed by the Board of Directors or the president;. %'' The Board df Directors or the president may appoint unit owners to fill vacancies on each of said special committees .' .;•;�. occasioned by death, resignated, removal, or inability to. act for any extended period of time. `''• i :r , 11. Membership and Voting The members of the association shall .be the fee ownera:'`,�.:; of the units. The Board of Directors shall maintain a 116t of owners which shall be updated on a regular basis. At any ;. meeting of the Association of Unit .Owners, each unit owner, - including declarant, either in person or -by proxy, shall be entitled to the same number of votes as the percentage of . undivided. interest of the common areas.and.facilities assigned..-;,`: to his unit in Exhibit A to the Declaration. If there.ie more than one unit owner with respect to a particular unit,''"'. any.or all of such unit owners may attend any meeting of: the! association; but it shall be necessary for all such unit. owners present to act unanimously in order. to cast the.voteo':;.,:;_ :," -pertaining to' their unit. All votes may be cast. either in, person or by`pruxy: ' All'proxies -shall .be in writing, and-sha�h',�::: be delivered to the' secretary prior to .the, meeting:.: 'In vot�gpQ.ix'!ci F J. for members of the Board of 'Directors, .-cumulative votingy . is 7? allowed.: • .In all other matters, cumulative .voting:_shall not; baf, i, ..: all owed . 12. Notices,- Waiver of Notice Any notice -permitted or required to be delivered'•se;.: r�"+,r�;'` •.: .provided herein may be delivered either personally or by:*.,:O;`NI�,� mail. If delivery is made by mail, it.ahall be deemed;:t.q;bq:'+;::��;;._,=;� delivered twenty-four (24) hours after a copy of the safe: S'. >;►:i ;`: has been deposited in the U.S. costal Service; postage :'..�;,';:rtr,+�, :1 ;;•� prepaid, return receipt •requested; Notice -to unit-.owners'_.,.='F�fi;I\i shall be' addressed to each unit owner at the addries given=:f:al.;;<<:.:� �1 L- by such unit owner --to the Board of Directors for ;the. purpgse`�`,.�y> of service; `of,'such notice or to. the unit of such.unit 'owner ;':j:,�:L: If - no such address .has been' iven• to the Board'of Directors; s� - •'` g 5.4 Such' address' may be changed from time to time by -notice. in.- `:y4}' 7- `: - ,' t,.. ,' 4., .._ •. 3y �s'o writing to the Board of Directors._ Notice .to •:the Board 'q �•,-c �!�,�: Directors shall. -be -addressed to any..one of the Airectors; 1'?i Any•unit'owner'may.at any. time waive any notice required.:+;q':�� be given under these Bylaws; or by statute or, othervise:'.r" The presents of : a' unit owner in person at any. meeting ,o'�;Ch;� unit owners shall be deemed such waiver. 43 .. _ � '-:`•.Fri!: •'-°'+r:.'`;`•:•: 'r,� :+I'!' •. : lj l: i• air `%.'1��'' :,:� ''. IJu Wo i vur The lal Lure of thu I;uard u1 Directors or its contractors LO iu,ist, in one or more instances, upon the strict performance ,.l +ioy of thu rurms, covenants, conditions, or restrictions of thu Declariitiun or Bylaws, or co exercise any right or option horicii cont:,inud, or to serve. any notice or to institute ;illy action shall not be cunstrued as a waiver or rulinquishment, I..r the future, of such term, covenant, condition, or restriction; but such term, covenant, condition, or restriction shall r,-waiii in full force and effect. The receipt and acceptance by the Ituard�of Directors or its contractor of the payment . ut' :illy iissessmellt from a unit owner, with knowledge of the breach of any covenant shall not be deemed a waiver of such breach, and no waiver by the Board of Directors of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board of Directors. Ili. Amendment of Bylaws These Bylaws may be amended by a two-thirds (2/3) affirmative vote of the association at a meeting duly called for such purpose. Upon such an affirmative vote, the Board of Directors shall acknowledge the amended Bylaws, setting forth the fact of the required affirmative vote of the unit e. owners and the amendments shall be effective upon recording. 15. Pets Dogs, cats and pets may be kept in units provided that Lhey are noc allowed to roam or run loose outside of the unit. When outside of the unit, dogs, cats and pets must be on a leash, he carried or otherwise be restrained,. = 16." Sevdrability' , -The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforce- ubility of.any•one provision or portion hereof shall not affect :'.the validi�ty_of enforceability. o•f..any other• pr.Ovision hereof, 17: -Captions The captions herein are inserted only as a matter of ..convenience and for reference and in' no way to define, limit, ..or describe the scope of.chese Bylaws nor the.incent of any provision hereof. .18.:".-,.-Effective -Date =..These Bylaws_ shall. take effect on May 29,•1981. 19 Sewer.:.Taps .. _.... Owners of lots •22A, 23A, 24A, .25A,' 26A,.'.27A, 28A, 29A, 30A, 31A, -32A, .33A_, . 34A, 35A, .36A, 37A, 38A, 39A,..40A, 41A, 42A, 43A, 44A,-45A, 46A.and 47A shall have no right to.tap onto the sewer, -line for any structures built on such lots.'.. Owners of all water front lots :(lots 1.,- 65) and the. owners. of lots other than the lo�s-list• above (all lots except 22A•through 47A) will. _. be entitled to one.tap per lot tq be .used only.for a structure on the lot. + idr r PENNY )—err wr uw NORTH CAROLINA A Department of the Secretary of State To all whom these presents shall come, Greetings: I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF AMENDMENT OF WATERS EDGE PROPERTY OWNERS ASSOCIATION ON HIGH ROCK LAKE the original of which was filed in this office on the 17th day of March, 2021. DEPARTiy Ty 6� Vol,RQ 12. OUAM ^�+ Scan to verify online. SF � D IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Raleigh, this 17th day of March, 2021. Certification# C202106803385-1 Reference# C202106803385-1 Page: 1 of 3 Secretary Of State Verify this certificate online at https://www.sosnc.gov/verification SOSID: 0187263 Date Filed: 3/17/2021 10:22:00 AM Elaine F. Marshall North Carolina Secretary of State State of North Carolina C2021 068 03385 Department of the Secretary of State ARTICLES OF AMENDMENT NONPROFIT CORPORATION Pursuant to §55A-10-05 of the General Statutes of North Carolina, the undersigned corporation hereby submits the following Articles of Amendment for the purpose of amending its Articles of Incorporation. 1. The name of the corporation is: Water's Edge Property Owners Sanitary Sewer Association 2. The text of each amendment adopted is as follows (state below or attach): The name of the corporation is hereby changed to Waters Edge Property Owners Association on High Rock Lake 3. The date of adoption of each amendment was as follows: February 26, 2021 4. (Check a, b, and/or c, as applicable) a.FV� The amendment(s) was (were) approved by a sufficient vote of the board of directors or incorporators, and member approval was not required because (set forth a brief explanation of why member approval was not required) The Board of Directors has corporate authority to adopt this amendmentper the Bylaws of the Association. b.=The amendment(s) was (were) approved by the members as required by Chapter 55A. cj�Approval of the amendment(s) by some person or persons other than the members, the board, or the incorporators was required pursuant to N.C.G.S. §55A-10-30, and such approval was obtained. BUSINESS REGISTRATION DIVISION P.O. BOX 29622 (Revised August 2016) RALEIGH, NC 27626-0622 Form N--02 Certification# C202106803385-1 Reference# C202106803385- Page: 2 of 3 5. These articles will be effective upon filing, unless a date and/or time is specified: This the 26th day of February 2021 Water 's Edge Property Owners Sanitary Sewer Association Name of Type or Print Name and Title Notes: 1. Filing fee is $25. This document and one exact or conformed copy of these articles must be filed with the Secretary of State. BUSINESS REGISTRATION DIVISION P.O. BOX 29622 RALEIGH, NC 27626-0622 (Revised August 2016) Form N-01 Certification# C202106803385-1 Reference# C202106803385- Page: 3 of 3