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