Lake Rules and violation letter form
As of 1981, the Buffalo Lake Property Owners Association is solely responsible for Buffalo Lake. Owning or leasing property on the lake does not automatically include lake privileges. In order to be entitled to those privileges, it is mandatory to own a buildable lot on Buffalo Lake (in accordance to Harnett Co. zoning regulations), and be a member in good standing of the Buffalo Lake Property Owners Association. This includes the payment of an annual fee and observance of the rules and regulations stated below concerning the use of the lake. All boats on Buffalo Lake will be equipped and operated in accordance with current North Carolina boating laws and regulations. The following additional rules, regulations, and restrictions also apply:
Boating:
1. Boating privileges on Buffalo Lake are extended to qualified property owners and tenants as
determined by the Buffalo Lake Property Owners Association, by-laws, and the Board of
Directors. Property owners must be paid up to date on their annual membership/use
assessment, and tenants must pay an additional annual fee of $200. Property owners are
responsible for the conduct of their visitors and tenants. .
2. For purposes of definition, the term “boat” applies to any craft or device normally operated on
the water. The term “power” applies to any boat propelled by an internal combustion
engine, and the term “sail” applies to any boat powered by the wind. All boats must comply
with the rules below:
A .Powerboats must not exceed 20 feet in length; each property owner may operate only one powerboat at a time on the lake.
B. Sailboats must not exceed 20 feet in length.
C. Canoes and kayaks must not exceed 20 feet in length
D. Paddle boats must not exceed 10 feet in length.
E. Canoes, kayaks, paddle boats, and all other non powered boats must only be operated within 75’ of the shore line.
F. No boat can exceed 3,500 lbs. (before passengers)
NOTE: Watercraft, commonly known as “jet skis” will be classified as power boats and rule A will apply. Watercraft, known as “surf sailers”, will be classified as a sailboat and rule B applies. Powered inflatable watercraft must comply with rule A and those powered by sails must comply with rule B. Non-powered inflatable watercraft and kayaks will not be operated further than 75 feet from the shoreline.
3. No amphibious aircraft, helicopters, gyrocopters, kites, parasails, or any other type of air
cushion vehicles, whether powered or towed, will be operated on Buffalo Lake.
4. Any watercraft that does not readily fit into a class defined in section 2 will not be operated on
Buffalo Lake without the approval of the Board of Directors. Such approval can only be
considered and/or granted at a regular board meeting and then only after a written request
to operate such a watercraft has been received by the President, Vice President, or Secretary
of the Board of Directors no less than 2 weeks prior to a regular board meeting.
5. Only boats owned by members of the Buffalo Lake Property Owners Association and
tenants may be operated on Buffalo Lake.
6. Property owners and tenants must be able to prove ownership of any powered boat they
operate on Buffalo Lake . The primary proof of ownership is a current North Carolina
Certificate of Registration.
NOTE: Watercraft, commonly known as “jet skis” will be classified as power boats and rule A will apply. Watercraft, known as “surf sailers”, will be classified as a sailboat and rule B applies. Powered inflatable watercraft must comply with rule A and those powered by sails must comply with rule B. Non-powered inflatable watercraft and kayaks will not be operated further than 75 feet from the shoreline.
3. No amphibious aircraft, helicopters, gyrocopters, kites, parasails, or any other type of air
cushion vehicles, whether powered or towed, will be operated on Buffalo Lake.
4. Any watercraft that does not readily fit into a class defined in section 2 will not be operated on
Buffalo Lake without the approval of the Board of Directors. Such approval can only be
considered and/or granted at a regular board meeting and then only after a written request
to operate such a watercraft has been received by the President, Vice President, or Secretary
of the Board of Directors no less than 2 weeks prior to a regular board meeting.
5. Only boats owned by members of the Buffalo Lake Property Owners Association and
tenants may be operated on Buffalo Lake.
6. Property owners and tenants must be able to prove ownership of any powered boat they
operate on Buffalo Lake . The primary proof of ownership is a current North Carolina
Certificate of Registration.
All power boats operated on Buffalo Lake must have a minimum of $100,000 liability insurance and $2,000 (each person) medical payments insurance or 300,000 liability without medical payments per person.
8. All new property owners will come before the board for approval of
membership in the Buffalo Lake Property Owners Association and all tenants will
come before the board to introduce themselves and sign documents that they
have received, understand, and will abide by all of the lake rules and by laws.
9. Qualified tenants (persons renting or leasing property) as described in paragraph 1, may only
operate one each boat in class B, C, or D as defined in paragraph 2. Also, they may operate
a john boat or row boat not to exceed 14 feet in length and powered by a motor no larger than
20 HP.
10. All boats must be numbered with the property owner’s lot number and placed on the right
side approximately 10 inches from the rear of the boat. Numbers must be 3 inches high and
of a contrasting color. The current Buffalo Lake decal must be displayed on the right side of
the windshield of a powerboat and next to the lot number on the right side on all other boats.
11. The traffic pattern on the lake for power boats (except when fishing close to the shore) shall
be right to left (counterclockwise).
12. No more than 2 skiers and/or tubes will be pulled at the same time. The use of boat
bladders are strictly forbidden. In addition to boat bladders; anything that increases the wake behind your boat is forbidden. This includes surf systems, kick plates, ballast, etc...
13. Skiing is permitted from: April and May Sunrise to 7:30 PM
June through August Sunrise to 8:00 PM
September and October Sunrise to 7:30 PM
14. A ski vest or Coast Guard approved Personal Flotation Device (PFD) must be worn at
all times when skiing or being towed behind a boat.
15. Devices not Coast Guard approved for towing are prohibited.
16. Boat speed after sundown is restricted to 5 MPH or NO wake.
17. Boat speed in the north and east narrow sections is restricted to 5 MPH and are marked by
NO WAKE buoys. Property owners living in those sections may pick up and drop a skier
near their piers.
18. Boats operating at high speed or pulling skiers may not come within 200 feet of the dam or
100 feet of the shoreline because of safety and erosion issues. The 200 foot zone at the
dam will be marked by buoys.
19. When the water level is 6 inches or more below the full water level, operation of all boats will
be limited to no more than 5 MPH or no wake.
20. All buoys have been placed on the lake for safety to mark shallow and dangerous areas. No
skiing is allowed between the buoys and the shoreline.
Fishing
Fishing privileges shall be limited to members of the Property Owners Association, their families, house guests, and qualified tenants. All applicable North Carolina Fish and Wildlife regulations apply.
Swimming
Swimming across the lake is not permitted. Swimming at a distance greater than 75 feet from the shoreline is prohibited.
Firearms
Except for the protection of life and property, no firearms may be discharged within the corporate boundary lines of Buffalo Lake Corporate property.
Piers and other construction on BLPOA
The land surrounding Buffalo Lake belongs to the POA make sure you know where your lot begins and check with the BLPOA Board:
1. Prior to any construction of a pier, fences or other improvements on corporate property, approval must
be obtained from the Board of Directors.
2. All piers, boathouses, and other improvements on corporate property must be kept in a good
state of repair.
Vehicles – All Types
Speed on all corporate property is limited to 20 MPH and slower on curves and where road conditions warrant. Vehicles emitting loud noises are prohibited. No unlicensed automobiles are allowed within corporate limits. Automobiles may not be parked in the roadway. All North Carolina State laws, especially those that apply to age and licensing requirements, apply to ATV’s and motorcycles. No motorized vehicles will be operated on the dam.
Garbage and Trash
Property owners and tenants are responsible for disposal of their garbage and trash either by a pick-up service or by hauling it to the landfill. No garbage burning is permitted. Please help others keep the area clean.
Animals
Property owners and tenants are reminded that control of animals owned by them is their responsibility. Stray animals, especially dogs, should be reported to the Harnett County Animal Control Office. Livestock is not permitted on corporate property.
Other Regulations
All loading and unloading of boats must be done at the designated lake dock and launch area.
Normally the lake is lowered 5 feet every year in the fall. This is done to control the growth of algae and to permit property owners to do repairs, etc., on their piers and waterfront. The flume is opened on October 15 and then closed on December 15 so the lake will be full by the middle of April.
Property owners are responsible for the conduct of their visitors at all times. Please instruct all operators of boats on Buffalo Lake of the rules and regulations.
Safety is our main concern
Covenants and Restrictions for Buffalo Lake
1. No buildings other than residences, except for garages or outbuildings used for domestic purposes only, will be built on premises.
2. No residence will be built without indoor toilet facilities properly connected to a septic system approved by the Harnett County Health Department.
3. All buildings on said premises will be constructed from standard building materials and the exterior of all buildings shall be painted, stained, or otherwise finished in a manner usual for a residence.
4. No premises shall be used for any commercial purposes whatsoever except that residences may be rented or leased for residential purposes.
5. No trailer or other moveable object used for residential purposes shall be on Association property.
6. No building will be constructed within twenty feet for the street on which it fronts, for within five feet of the sideline of the lot on which it is constructed nor may be more than one building used as a residence be constructed on any one lot. Any construction on a corner lot shall be at least fifteen feet from any side street in addition to all other restrictions herein set out.
BYLAWS OF BUFFALO LAKES PROPERTY OWNERS ASSOCIATION
ARTICLE I
Section 1. Registered office. The registered office of the corporation is required by law to be maintained in the state of North Carolina, subject to change as provided by law, shall be as follows: RFD #6 Sanford, Harnett County, North Carolina.
Section 2. Other Offices. The corporation may have offices at such other places, either within or without the State of North Carolina, as the Board of Directors may designate or as the affairs of the corporation may require from time to time.
ARTICLE II
Section 1. Eligibility. Every person or entity who at the time of creation of Buffalo Lakes Property Owners Association shall either own or thereafter acquire a lot within the boundaries of the area hereinafter described, shall be eligible to become a member of the Buffalo Lakes Property Owners Association provided that he or she shall otherwise qualify as members as hereinafter provided. A person or entity that holds or owns an interest merely as security for the performance of an obligation shall not be eligible to become a member.
The boundaries of the area from which members shall own property are as follows:
Beginning at a point on S.R. 1293, a corner with Carolina Lakes property: thence Southeastwardly with Carolina Lakes property to the junction with Eagle Road: thence northwesterly to the junction Eagle Road (a portion of Eagle Road is shown on map 1 recorded in MB7-30, Harnett County Registry) to a point 400 feet short of the point where Eagle Road becomes S.R. 1114: thence parallel with S.R. 1114 and 400 feet from said road to the junction with S.R. 1293: thence with S.R. 1293 to the beginning , together with the residence of W>E. Marks on the North side of S.R. 1293.
Section 2. Active Voting Member. Every person or entity who qualifies for membership as herein provided and shall be current in the payment of any annual or special use privilege fee properly levied by the Board of Directors under its power to manage and operate the corporation, shall be deemed an active member. Such active members shall be entitled to vote on all matters submitted to a vote at any annual or special meeting of the membership and otherwise fully utilize for their benefit and enjoyment the facilities and property of the corporation, subject to such rules and regulations as the Board of Directors may from time to time promulgate for the safety, comfort, upkeep, and welfare of the members.
Section 3. Inactive Member. Any active member as herein above defined, who shall become delinquent for a period of more than 30 days in the payment of any annual or special use privilege fee, properly levied by the Board of Directors under its power to operate and manage the corporation, shall be deemed an inactive member and shall not be entitled to vote on any matter submitted to a vote at any annual or special meeting or the membership and shall not be allowed to utilize in any manner the facilities and property of the corporation under its exclusive control. Any inactive member who shall, before the expiration of 90 days delinquency, bring current the payment of annual or special use privilege fees shall automatically be returned to active member status.
Section 4. Discontinued Members and Reinstatement. Any inactive member who shall remain delinquent in the payment of any annual or special use privilege fee for a period of 90 days or more shall be discontinued from the membership list and reinstated thereon only upon payment of all delinquent fees and upon approval of a majority of the Board of Directors.
ARTICLE III
Section 1. Annual Meeting. The annual meeting of the members shall be held a the place and time designated by the President of the Board of Directors each year for the purpose of electing directors of the corporation and for the transaction of such other business as may be properly brought before the meeting.
Section 2. Substitute Annual Meeting. If the annual meeting shall not be held on the day designated by the bylaws, a substitute annual meeting may be called in accordance with the provisions of Section 3 of this Article III. A meeting so called shall be designated and treated for all purposes as the annual meeting.
Section 3. Special Meetings. Special meetings of the membership may be called at any time by the President, Secretary, or the Board of Directors of the corporation, or by any active member pursuant to the written request of a majority of the members.
Section 4. Notice of Meetings. Written or printed notice stating the time and place of the meeting shall be delivered not less than ten nor more than fifty days before the date of any membership meeting, either personally or by mail, or at the direction of the President, Secretary, or another person calling the meeting, to each member entitled to vote at such meeting: provided that such notice must be given not less than twenty days before the date of any meeting at which a merger or consolidation is to be considered. If mailed, such notice shall be deemed to be delivered when the deposited in the United States mail, addressed to the member at his address as it appears on the record of membership of the corporation, with postage thereupon prepaid.
In the case of a special meeting, the notice of meeting shall specifically state the purpose or purposes for which the meeting is called: but, in the case of an annual or substitute annual meeting, the notice of the meeting need not specifically state the business to be transacted thereat unless such a statement is required by the provisions of the North Carolina Nonprofit Corporation Act.
When a meeting is adjourned for thirty days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. When a meeting is adjourned for less than thirty days in any one adjournment, it is not necessary to give any notice of the adjourned meeting other than by announcement at the meetings at which the adjournment is taken.
Section 5. Voting lists. At least ten days before each meeting of shareholders, the Secretary of the corporation shall prepare an alphabetical list of the members entitled to vote at such meetings or any adjournment thereof, together with the address of such members, which list shall be kept on file at the registered office of the corporation for a period of ten days prior to such meetings, and shall be subject to inspection by any member at any time during the usual business hours. This list shall also be produced and kept open at the time and place of the meeting and shall be subject to inspection by any member during the whole time of the meeting.
Section 6. Quorum. A majority of the members of the corporation entitled to vote, represented in person or by proxy, shall constitute a quorum at a meeting of the membership except that a substitute annual meeting of the membership the number of members there represented either in person or by proxy, even though less than a majority, shall constitute a quorum for the propose of such meeting.
The membership present at the duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of enough to leave less than a quorum.
In the absence of a quorum at the opening of any meeting of the membership, such meeting may be adjourned from time to time by a vote of the majority of the members voting on the motion to adjourn; and at any adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted at the original meeting.
Section 7. Proxies. Members may vote either in person or by one or more agents authorized by a written proxy executed by the member or by his duly authorized attorney in fact. A proxy is not valid after the expiration of eleven months from the date of its execution, unless the person executing it specifies therein the length of time for which it is to continue in force, or limits its use to a particular meeting, but no proxy shall be valid after ten years from the date of its execution.
Section 8. Voting of Membership. Each member entitled to vote, as herein defined, shall be entitled to only one vote, irrespective of the number of lots owned in the described area, on each matter submitted to a vote at a meeting of the membership.
The vote of a majority of the members having voted on any matter at a meeting of the membership at which a quorum is present shall be the act of the membership on that matter, unless the vote of a greater number is required by the law or by the charter or bylaws of this corporation.
ARTICLE IV
Section 1. General Powers. The business of the corporation shall be managed by a Board of Directors. The number of directors from time to time may be fixed at not less than five or more than seven by amendment to these bylaws made by
the Board of Directors as hereinafter provided.
Section 2. Election and Qualification. Directors shall be elected to serve two years. At the 1979 annual meeting, three directors shall be elected to serve one year, and four directors shall be elected to serve two years. At the 1980 meeting, three directors shall be elected to serve two years. Thereafter, either three or four directors, on a staggered basis shall be elected at each annual meeting of the members or by a special meeting held in lieu thereof, by a plurality of the votes at such election and shall not hold office until their successors are chosen and qualify. Directors will be elected by voice vote of the members unless a member shall, prior to any voting, requests that voting be by written ballot. All directors shall be active members.
Section 3. Resignation and Removal. Any director may resign at any time by giving written notice to the President or Secretary of the Corporation and acceptance of such resignation shall not be required by the Board of Directors.
If any director shall become an inactive member during his term of office, he shall automatically be disqualified from serving as a director and his office shall be declared vacant.
Section 4. Vacancies. Any vacancy occurring in the Board of Directors may be filled by the affirmative vote of a majority of the remaining directors even though less than a quorum, or by the sole remaining director. A director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office. Any directorship to be filled by reason of an increase in the authorized number of directors shall be filled only by the election at an annual meeting or at a special meeting of memberships called for the purpose.
Section 5. Chairman. The President of the Corporation shall preside as Chairman of the Board.
ARTICLE V
Section 1. Regular Meetings. A regular meeting of the Board of Directors shall be held immediately after, and at the same place as, the annual meeting of members. In addition, the Board of Directors may provide, by resolution, the time and place for the holding of additional regular meetings.
Section 2. Special Meetings. Special meetings of the Board of Directors may be called by or at the request of the President or any two directors.
Section 3. Notice of Meetings. Regular meetings of the Board of Directors may be held without notice. The person of persons calling a special meeting of the Board of Directors shall, at least two days before the meeting, give notice thereof by any usual means of communication. Such notice need not specify the purpose for which the meeting is called.
Section 4. Waiver of Notice. Any director may waive notice of any meeting. The attendance by a director at a meeting shall constitute a waiver of the notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened.
Section 5. Quorum. A majority of the number of directors fixed by these bylaws shall not constitute a quorum for the transaction of business at any meeting of the Board of Directors.
Section 6. Manner of Acting. Except as otherwise provided in these bylaws, the act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors.
Section 7. Presumption of Assent. A director of the corporation who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless his contrary vote is recorded or his dissent is otherwise entered in the minutes of the meeting or unless he shall file his written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply to a director who voted in favor of such action.
Section 8. Informal Action by Directors. Action taken by a majority of the directors without a meeting is nevertheless Board action if written consent to the action in question is signed by all the directors and filed with the minutes of proceedings of the Board, whether done before or after the action so taken.
Section 9. Committees of the Board. The board of Directors, by resolution adopted by the majority of the number of directors fixed by these bylaws, may designate three or more directors to constitute an Executive Committee and other committees, each of which to the extent authorized by the law and provided in such resolution, shall be and may exercise all of the authority of the Board of Directors in the management of the corporation. The designation of any committee and the delegation thereto of authority shall not operate to relive the Board of Directors, or any of its members thereof, or any responsibility or liability imposed upon it or him by law.
ARTICLE VI
Section 1. Officers of the Corporation. The officers of the corporation shall consist of a President, a Vice-President, a Secretary, a Treasurer and such Assistant Secretaries, Assistant Treasurers and other officers as the Board of Directors may from time to time elect. Any two or more offices may be held by the same person, except the office of President and Secretary.
Section 2. Election and Term. The officers of the Corporation shall be elected by the Board of Directors at any regular or special meeting. Each officer shall hold office until his death, resignation, retirement, removal, disqualification, or his successor is elected and qualifies.
Section 3. Removal. Any officer or agent elected or appointed by the Board of Directors may be removed by the Board whenever in its judgment the best interests of the corporation will be served thereby; but such removal shall be without prejudice to the contract rights, if any, of the person so removed.
Section 4. Bonds. The Board of Directors by resolution require any officer, agent, or employee of the corporation to give bond to the corporation, with sufficient sureties, conditioned on the faithful performance of the duties of his respective office or position, and to comply with such other conditions a may from time to time be required by the Board of Directors.
Section 5. President. The President shall be the principal executive officer of the corporation and, subject to the control of the Board of Directors, shall in general supervise and control all of the business and affaires of the corporation.
He shall, when present, preside at all meetings of the memberships. He shall sign, with the Secretary, an Assistant Secretary, or any other proper officer of the corporation thereunto authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these bylaws to some other officer or agent of the corporation, or shall be required by law to be otherwise signed or executed; and in general he shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors.
Section 6. Vice-President. The Vice-President, in the absence or inability of the President, shall perform the duties of the President, and when so acting shall have all the powers and of and be subject to all the restrictions upon the President. In addition, he shall perform such other duties as from time to time may be assigned to him by the President or the Board of Directors.
Section 7. Secretary. The Secretary shall: (a) keep the minutes of the meetings of the members, of the Board of Directors, or any other committee created thereby in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of the bylaws or as required by law; (c) be custodian of the corporation records and of the seal of the corporation and see that the seal of the corporation is affixed to all documents the execution of which on behalf of the corporation under its seal is duly authorized; (d) keep a register of the Post Office addresses of each member which shall be furnished to the Secretary by such member; (e) keep or cause to be kept in the State of North Carolina at the corporation’s registered office a record of the
corporation’s members, giving the names and addresses of all members, giving the names and addresses of all members and the active and inactive status of each, and prepare or cause to be prepared voting lists prior to each meeting for the members as required by law; (f) in general perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to him by the President or the Board of Directors.
Section 8. Treasurer. The Treasurer shall have custody of all funds and securities belonging to the Corporation and shall receive, deposit, or distribute the same under the direction of the Board of Directors. He shall keep full and accurate accounts of the finances of the Corporation in the books, especially provided for the purpose; and he shall cause a true statement of its assets and liabilities as of the close of each calendar year and of the results of its operations, in all reasonable detail, to be made and filed at the registered or principal office of the Corporation within four months after the end of such calendar year. The statement so filed shall be kept available for the inspection by any member for a period of ten years; and the Treasurer shall mail or otherwise deliver a copy of the latest such statement to any member upon his written request therefore. The Treasurer shall, in general, perform all duties incident to his office and such other duties as may be assigned to him from time to time by the President or the Board of Directors.
Section 9. Assistant Secretaries and Treasurers. The Assistant Secretaries and Assistant Treasurers shall, in the absence or disability of the Secretary and Treasurer, respectively, perform the duties and exercise the powers of those officials, and they shall perform such other duties as shall be assigned to them by the Secretary or the Treasurer respectively, or by the President or the Board of Directors.
ARTICLE VII
CONTRACTS, LOANS, CHECKS AND DEPOSITS
Section 1. Contracts. The Board of Directors may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances.
Section 2. Loans. No loans shall be contracted on behalf of the corporation and no evidence of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances.
Section 3. Checks and Drafts. All checks, drafts, or other orders for the payment of money, issued in the name of the corporation, shall be signed by such officer or officers, agent or agents of the corporation and in such manner as shall from time to time be determined by resolution of the Board of Directors.
Section 4. Deposits. All funds of the corporation not otherwise employed shall be deposited from time to time to the credit of the corporation in such depositories as the Board of Directors may select.
Section 5. Use Privilege Fees. The Board of Directors may from time to time, fix and levy a use privilege fee either general or special to be paid by the members before they shall be permitted to use the property under the exclusive control of the corporation. Property under the exclusive control of the corporation shall be the areas which the corporation either leases or owns and over which it has exclusive control. The areaway used for roads shall not be deemed to be under the exclusive control of the corporation. All use privilege fees shall be used for the payment of taxes, maintenance and the improvement of the property belonging to the corporation or the property in which it has an interest.
Section 2. Definition of Members. A husband and wife who own property within the subdivision as tenants by the entirety shall be deemed to be one member and subject to pay one use privilege fee. All tenants in common or joint tenants in excess of two shall be individually deemed to be members and individually subject to pay a use privilege fee. Tenants in common or joint tenants exceeding two in number shall designate the tow to be deemed one member. All other entities owning property within the subdivision may designate not more than two persons who may exercise its membership privileges.
Section 3. Full and Partial Use Privilege Fees. The owners of developed lots or areas shall pay the full amount of the use privilege fees fixed by the Board. A developed lot is defined as a lot shown as having improvements thereon by the ad valorem tax records or which in fact does have improvements thereon. The owners of undeveloped lots or areas shall pay only on half of the use privilege fees fixed by the Board. An undeveloped lot or areas is defined as a lot which the ad valorem tax records shows as not having improvements thereon or which in fact does not have improvements thereon.
Any member, irrespective of the number of lots or areas owned, shall be liable to pay only one use privilege fee – either for a developed lot or an undeveloped lot, as appropriate.
Section 4. The tenants or lessees of property belonging to members who are active members of the association may, subject to the payment of such fees as the Board may fix from time to time, use the property of the association.
Section 5. Special Fee Provisions. Any entity or person who at the time of the formation of the corporation, as hereinbefore defined, and did not join may thereafter be accepted to membership in said corporation only upon payment of one-half of all the annual and special use privilege fees that would have been
payable and such person or entity becomes a member of said corporation upon its formation.
Former members of the corporation who shall have discontinued their membership, other than under the provisions set out in Article II, Section 4, and are otherwise qualified for membership, as hereinbefore provided, shall be accepted again to membership upon payment of one-half of all the annual and special use privilege fees that would have been payable had their membership continued.
Section 6. Transfer of Membership. In the event that any member shall sell or otherwise transfer his ownership in the property within the Buffalo Lakes Subdivision, so as to disqualify him from further membership in the corporation, such member shall by letter, make application for the transfer of membership to the Board of Directors. The application shall (a) disclose the name and address of the purchaser or transferee; (b) include a statement that the member has informed his purchaser or transferee of the property owners association and; (c) make a request that the annual and any special use privilege fees levied in the year of the sale or transfer by apportioned between the member and the purchaser or transferee, as the case may be, based on the period of use of each.
Upon the receipt of the application for transfer of membership, the Board of Directors shall review the same and upon confirmation that the purchaser or transferee shall join the corporation shall make the proration of fees as the hereinabove provided and return any unused portion to the transferring member.
ARTICLE IX
RULES AND REGULATIONS
Section 1. Authorization to Promulgate. The Board of Directors is authorized from time to time to promulgate such rules and regulations for the use of the corporation property as it is, in its best judgment, shall deem requisite to provide for the safety, welfare, convenience, and comfort of the members.
ARTICLE X
Section 1. Seal. The corporate seal of the corporation shall consist of tow concentric circles between which is the name of the corporation and in the center of which is inscribed SEAL; and such seal, as impressed on the margin hereof, is hereby adopted as the corporate seal of the corporation.
Section 2. Waiver of Notice. Whenever any notice is required to be given to any member or director by the law, by the charter or by these bylaws, a waiver thereof in writing signed by the person or persons entitled to such notice, whether
Before or after the time stated therein, shall be equivalent to the giving of such notice.
Section 3. Fiscal Year. Unless otherwise ordered by the Board of Directors, the fiscal year of the corporation shall begin on January 1, and end on December 31 each year.
Section 4. Amendments. Except as otherwise provided herein, these bylaws may be amended or repealed and new bylaws may be adopted by the affirmative vote of a majority of the directors then holding office at any regular or special meeting of the Board of Directors.
No bylaw adopted or amended by the members shall be amended or repealed by the Board of Directors, except to the extent that such bylaw expressly authorizes its amendment or repeal by the Board of Directors.
ARTICLE I
Section 1. Registered office. The registered office of the corporation is required by law to be maintained in the state of North Carolina, subject to change as provided by law, shall be as follows: RFD #6 Sanford, Harnett County, North Carolina.
Section 2. Other Offices. The corporation may have offices at such other places, either within or without the State of North Carolina, as the Board of Directors may designate or as the affairs of the corporation may require from time to time.
ARTICLE II
Section 1. Eligibility. Every person or entity who at the time of creation of Buffalo Lakes Property Owners Association shall either own or thereafter acquire a lot within the boundaries of the area hereinafter described, shall be eligible to become a member of the Buffalo Lakes Property Owners Association provided that he or she shall otherwise qualify as members as hereinafter provided. A person or entity that holds or owns an interest merely as security for the performance of an obligation shall not be eligible to become a member.
The boundaries of the area from which members shall own property are as follows:
Beginning at a point on S.R. 1293, a corner with Carolina Lakes property: thence Southeastwardly with Carolina Lakes property to the junction with Eagle Road: thence northwesterly to the junction Eagle Road (a portion of Eagle Road is shown on map 1 recorded in MB7-30, Harnett County Registry) to a point 400 feet short of the point where Eagle Road becomes S.R. 1114: thence parallel with S.R. 1114 and 400 feet from said road to the junction with S.R. 1293: thence with S.R. 1293 to the beginning , together with the residence of W>E. Marks on the North side of S.R. 1293.
Section 2. Active Voting Member. Every person or entity who qualifies for membership as herein provided and shall be current in the payment of any annual or special use privilege fee properly levied by the Board of Directors under its power to manage and operate the corporation, shall be deemed an active member. Such active members shall be entitled to vote on all matters submitted to a vote at any annual or special meeting of the membership and otherwise fully utilize for their benefit and enjoyment the facilities and property of the corporation, subject to such rules and regulations as the Board of Directors may from time to time promulgate for the safety, comfort, upkeep, and welfare of the members.
Section 3. Inactive Member. Any active member as herein above defined, who shall become delinquent for a period of more than 30 days in the payment of any annual or special use privilege fee, properly levied by the Board of Directors under its power to operate and manage the corporation, shall be deemed an inactive member and shall not be entitled to vote on any matter submitted to a vote at any annual or special meeting or the membership and shall not be allowed to utilize in any manner the facilities and property of the corporation under its exclusive control. Any inactive member who shall, before the expiration of 90 days delinquency, bring current the payment of annual or special use privilege fees shall automatically be returned to active member status.
Section 4. Discontinued Members and Reinstatement. Any inactive member who shall remain delinquent in the payment of any annual or special use privilege fee for a period of 90 days or more shall be discontinued from the membership list and reinstated thereon only upon payment of all delinquent fees and upon approval of a majority of the Board of Directors.
ARTICLE III
Section 1. Annual Meeting. The annual meeting of the members shall be held a the place and time designated by the President of the Board of Directors each year for the purpose of electing directors of the corporation and for the transaction of such other business as may be properly brought before the meeting.
Section 2. Substitute Annual Meeting. If the annual meeting shall not be held on the day designated by the bylaws, a substitute annual meeting may be called in accordance with the provisions of Section 3 of this Article III. A meeting so called shall be designated and treated for all purposes as the annual meeting.
Section 3. Special Meetings. Special meetings of the membership may be called at any time by the President, Secretary, or the Board of Directors of the corporation, or by any active member pursuant to the written request of a majority of the members.
Section 4. Notice of Meetings. Written or printed notice stating the time and place of the meeting shall be delivered not less than ten nor more than fifty days before the date of any membership meeting, either personally or by mail, or at the direction of the President, Secretary, or another person calling the meeting, to each member entitled to vote at such meeting: provided that such notice must be given not less than twenty days before the date of any meeting at which a merger or consolidation is to be considered. If mailed, such notice shall be deemed to be delivered when the deposited in the United States mail, addressed to the member at his address as it appears on the record of membership of the corporation, with postage thereupon prepaid.
In the case of a special meeting, the notice of meeting shall specifically state the purpose or purposes for which the meeting is called: but, in the case of an annual or substitute annual meeting, the notice of the meeting need not specifically state the business to be transacted thereat unless such a statement is required by the provisions of the North Carolina Nonprofit Corporation Act.
When a meeting is adjourned for thirty days or more, notice of the adjourned meeting shall be given as in the case of an original meeting. When a meeting is adjourned for less than thirty days in any one adjournment, it is not necessary to give any notice of the adjourned meeting other than by announcement at the meetings at which the adjournment is taken.
Section 5. Voting lists. At least ten days before each meeting of shareholders, the Secretary of the corporation shall prepare an alphabetical list of the members entitled to vote at such meetings or any adjournment thereof, together with the address of such members, which list shall be kept on file at the registered office of the corporation for a period of ten days prior to such meetings, and shall be subject to inspection by any member at any time during the usual business hours. This list shall also be produced and kept open at the time and place of the meeting and shall be subject to inspection by any member during the whole time of the meeting.
Section 6. Quorum. A majority of the members of the corporation entitled to vote, represented in person or by proxy, shall constitute a quorum at a meeting of the membership except that a substitute annual meeting of the membership the number of members there represented either in person or by proxy, even though less than a majority, shall constitute a quorum for the propose of such meeting.
The membership present at the duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of enough to leave less than a quorum.
In the absence of a quorum at the opening of any meeting of the membership, such meeting may be adjourned from time to time by a vote of the majority of the members voting on the motion to adjourn; and at any adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted at the original meeting.
Section 7. Proxies. Members may vote either in person or by one or more agents authorized by a written proxy executed by the member or by his duly authorized attorney in fact. A proxy is not valid after the expiration of eleven months from the date of its execution, unless the person executing it specifies therein the length of time for which it is to continue in force, or limits its use to a particular meeting, but no proxy shall be valid after ten years from the date of its execution.
Section 8. Voting of Membership. Each member entitled to vote, as herein defined, shall be entitled to only one vote, irrespective of the number of lots owned in the described area, on each matter submitted to a vote at a meeting of the membership.
The vote of a majority of the members having voted on any matter at a meeting of the membership at which a quorum is present shall be the act of the membership on that matter, unless the vote of a greater number is required by the law or by the charter or bylaws of this corporation.
ARTICLE IV
Section 1. General Powers. The business of the corporation shall be managed by a Board of Directors. The number of directors from time to time may be fixed at not less than five or more than seven by amendment to these bylaws made by
the Board of Directors as hereinafter provided.
Section 2. Election and Qualification. Directors shall be elected to serve two years. At the 1979 annual meeting, three directors shall be elected to serve one year, and four directors shall be elected to serve two years. At the 1980 meeting, three directors shall be elected to serve two years. Thereafter, either three or four directors, on a staggered basis shall be elected at each annual meeting of the members or by a special meeting held in lieu thereof, by a plurality of the votes at such election and shall not hold office until their successors are chosen and qualify. Directors will be elected by voice vote of the members unless a member shall, prior to any voting, requests that voting be by written ballot. All directors shall be active members.
Section 3. Resignation and Removal. Any director may resign at any time by giving written notice to the President or Secretary of the Corporation and acceptance of such resignation shall not be required by the Board of Directors.
If any director shall become an inactive member during his term of office, he shall automatically be disqualified from serving as a director and his office shall be declared vacant.
Section 4. Vacancies. Any vacancy occurring in the Board of Directors may be filled by the affirmative vote of a majority of the remaining directors even though less than a quorum, or by the sole remaining director. A director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office. Any directorship to be filled by reason of an increase in the authorized number of directors shall be filled only by the election at an annual meeting or at a special meeting of memberships called for the purpose.
Section 5. Chairman. The President of the Corporation shall preside as Chairman of the Board.
ARTICLE V
Section 1. Regular Meetings. A regular meeting of the Board of Directors shall be held immediately after, and at the same place as, the annual meeting of members. In addition, the Board of Directors may provide, by resolution, the time and place for the holding of additional regular meetings.
Section 2. Special Meetings. Special meetings of the Board of Directors may be called by or at the request of the President or any two directors.
Section 3. Notice of Meetings. Regular meetings of the Board of Directors may be held without notice. The person of persons calling a special meeting of the Board of Directors shall, at least two days before the meeting, give notice thereof by any usual means of communication. Such notice need not specify the purpose for which the meeting is called.
Section 4. Waiver of Notice. Any director may waive notice of any meeting. The attendance by a director at a meeting shall constitute a waiver of the notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened.
Section 5. Quorum. A majority of the number of directors fixed by these bylaws shall not constitute a quorum for the transaction of business at any meeting of the Board of Directors.
Section 6. Manner of Acting. Except as otherwise provided in these bylaws, the act of the majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors.
Section 7. Presumption of Assent. A director of the corporation who is present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless his contrary vote is recorded or his dissent is otherwise entered in the minutes of the meeting or unless he shall file his written dissent to such action with the person acting as the secretary of the meeting before the adjournment thereof or shall forward such dissent by registered mail to the Secretary of the corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply to a director who voted in favor of such action.
Section 8. Informal Action by Directors. Action taken by a majority of the directors without a meeting is nevertheless Board action if written consent to the action in question is signed by all the directors and filed with the minutes of proceedings of the Board, whether done before or after the action so taken.
Section 9. Committees of the Board. The board of Directors, by resolution adopted by the majority of the number of directors fixed by these bylaws, may designate three or more directors to constitute an Executive Committee and other committees, each of which to the extent authorized by the law and provided in such resolution, shall be and may exercise all of the authority of the Board of Directors in the management of the corporation. The designation of any committee and the delegation thereto of authority shall not operate to relive the Board of Directors, or any of its members thereof, or any responsibility or liability imposed upon it or him by law.
ARTICLE VI
Section 1. Officers of the Corporation. The officers of the corporation shall consist of a President, a Vice-President, a Secretary, a Treasurer and such Assistant Secretaries, Assistant Treasurers and other officers as the Board of Directors may from time to time elect. Any two or more offices may be held by the same person, except the office of President and Secretary.
Section 2. Election and Term. The officers of the Corporation shall be elected by the Board of Directors at any regular or special meeting. Each officer shall hold office until his death, resignation, retirement, removal, disqualification, or his successor is elected and qualifies.
Section 3. Removal. Any officer or agent elected or appointed by the Board of Directors may be removed by the Board whenever in its judgment the best interests of the corporation will be served thereby; but such removal shall be without prejudice to the contract rights, if any, of the person so removed.
Section 4. Bonds. The Board of Directors by resolution require any officer, agent, or employee of the corporation to give bond to the corporation, with sufficient sureties, conditioned on the faithful performance of the duties of his respective office or position, and to comply with such other conditions a may from time to time be required by the Board of Directors.
Section 5. President. The President shall be the principal executive officer of the corporation and, subject to the control of the Board of Directors, shall in general supervise and control all of the business and affaires of the corporation.
He shall, when present, preside at all meetings of the memberships. He shall sign, with the Secretary, an Assistant Secretary, or any other proper officer of the corporation thereunto authorized by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these bylaws to some other officer or agent of the corporation, or shall be required by law to be otherwise signed or executed; and in general he shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors.
Section 6. Vice-President. The Vice-President, in the absence or inability of the President, shall perform the duties of the President, and when so acting shall have all the powers and of and be subject to all the restrictions upon the President. In addition, he shall perform such other duties as from time to time may be assigned to him by the President or the Board of Directors.
Section 7. Secretary. The Secretary shall: (a) keep the minutes of the meetings of the members, of the Board of Directors, or any other committee created thereby in one or more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of the bylaws or as required by law; (c) be custodian of the corporation records and of the seal of the corporation and see that the seal of the corporation is affixed to all documents the execution of which on behalf of the corporation under its seal is duly authorized; (d) keep a register of the Post Office addresses of each member which shall be furnished to the Secretary by such member; (e) keep or cause to be kept in the State of North Carolina at the corporation’s registered office a record of the
corporation’s members, giving the names and addresses of all members, giving the names and addresses of all members and the active and inactive status of each, and prepare or cause to be prepared voting lists prior to each meeting for the members as required by law; (f) in general perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to him by the President or the Board of Directors.
Section 8. Treasurer. The Treasurer shall have custody of all funds and securities belonging to the Corporation and shall receive, deposit, or distribute the same under the direction of the Board of Directors. He shall keep full and accurate accounts of the finances of the Corporation in the books, especially provided for the purpose; and he shall cause a true statement of its assets and liabilities as of the close of each calendar year and of the results of its operations, in all reasonable detail, to be made and filed at the registered or principal office of the Corporation within four months after the end of such calendar year. The statement so filed shall be kept available for the inspection by any member for a period of ten years; and the Treasurer shall mail or otherwise deliver a copy of the latest such statement to any member upon his written request therefore. The Treasurer shall, in general, perform all duties incident to his office and such other duties as may be assigned to him from time to time by the President or the Board of Directors.
Section 9. Assistant Secretaries and Treasurers. The Assistant Secretaries and Assistant Treasurers shall, in the absence or disability of the Secretary and Treasurer, respectively, perform the duties and exercise the powers of those officials, and they shall perform such other duties as shall be assigned to them by the Secretary or the Treasurer respectively, or by the President or the Board of Directors.
ARTICLE VII
CONTRACTS, LOANS, CHECKS AND DEPOSITS
Section 1. Contracts. The Board of Directors may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances.
Section 2. Loans. No loans shall be contracted on behalf of the corporation and no evidence of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances.
Section 3. Checks and Drafts. All checks, drafts, or other orders for the payment of money, issued in the name of the corporation, shall be signed by such officer or officers, agent or agents of the corporation and in such manner as shall from time to time be determined by resolution of the Board of Directors.
Section 4. Deposits. All funds of the corporation not otherwise employed shall be deposited from time to time to the credit of the corporation in such depositories as the Board of Directors may select.
Section 5. Use Privilege Fees. The Board of Directors may from time to time, fix and levy a use privilege fee either general or special to be paid by the members before they shall be permitted to use the property under the exclusive control of the corporation. Property under the exclusive control of the corporation shall be the areas which the corporation either leases or owns and over which it has exclusive control. The areaway used for roads shall not be deemed to be under the exclusive control of the corporation. All use privilege fees shall be used for the payment of taxes, maintenance and the improvement of the property belonging to the corporation or the property in which it has an interest.
Section 2. Definition of Members. A husband and wife who own property within the subdivision as tenants by the entirety shall be deemed to be one member and subject to pay one use privilege fee. All tenants in common or joint tenants in excess of two shall be individually deemed to be members and individually subject to pay a use privilege fee. Tenants in common or joint tenants exceeding two in number shall designate the tow to be deemed one member. All other entities owning property within the subdivision may designate not more than two persons who may exercise its membership privileges.
Section 3. Full and Partial Use Privilege Fees. The owners of developed lots or areas shall pay the full amount of the use privilege fees fixed by the Board. A developed lot is defined as a lot shown as having improvements thereon by the ad valorem tax records or which in fact does have improvements thereon. The owners of undeveloped lots or areas shall pay only on half of the use privilege fees fixed by the Board. An undeveloped lot or areas is defined as a lot which the ad valorem tax records shows as not having improvements thereon or which in fact does not have improvements thereon.
Any member, irrespective of the number of lots or areas owned, shall be liable to pay only one use privilege fee – either for a developed lot or an undeveloped lot, as appropriate.
Section 4. The tenants or lessees of property belonging to members who are active members of the association may, subject to the payment of such fees as the Board may fix from time to time, use the property of the association.
Section 5. Special Fee Provisions. Any entity or person who at the time of the formation of the corporation, as hereinbefore defined, and did not join may thereafter be accepted to membership in said corporation only upon payment of one-half of all the annual and special use privilege fees that would have been
payable and such person or entity becomes a member of said corporation upon its formation.
Former members of the corporation who shall have discontinued their membership, other than under the provisions set out in Article II, Section 4, and are otherwise qualified for membership, as hereinbefore provided, shall be accepted again to membership upon payment of one-half of all the annual and special use privilege fees that would have been payable had their membership continued.
Section 6. Transfer of Membership. In the event that any member shall sell or otherwise transfer his ownership in the property within the Buffalo Lakes Subdivision, so as to disqualify him from further membership in the corporation, such member shall by letter, make application for the transfer of membership to the Board of Directors. The application shall (a) disclose the name and address of the purchaser or transferee; (b) include a statement that the member has informed his purchaser or transferee of the property owners association and; (c) make a request that the annual and any special use privilege fees levied in the year of the sale or transfer by apportioned between the member and the purchaser or transferee, as the case may be, based on the period of use of each.
Upon the receipt of the application for transfer of membership, the Board of Directors shall review the same and upon confirmation that the purchaser or transferee shall join the corporation shall make the proration of fees as the hereinabove provided and return any unused portion to the transferring member.
ARTICLE IX
RULES AND REGULATIONS
Section 1. Authorization to Promulgate. The Board of Directors is authorized from time to time to promulgate such rules and regulations for the use of the corporation property as it is, in its best judgment, shall deem requisite to provide for the safety, welfare, convenience, and comfort of the members.
ARTICLE X
Section 1. Seal. The corporate seal of the corporation shall consist of tow concentric circles between which is the name of the corporation and in the center of which is inscribed SEAL; and such seal, as impressed on the margin hereof, is hereby adopted as the corporate seal of the corporation.
Section 2. Waiver of Notice. Whenever any notice is required to be given to any member or director by the law, by the charter or by these bylaws, a waiver thereof in writing signed by the person or persons entitled to such notice, whether
Before or after the time stated therein, shall be equivalent to the giving of such notice.
Section 3. Fiscal Year. Unless otherwise ordered by the Board of Directors, the fiscal year of the corporation shall begin on January 1, and end on December 31 each year.
Section 4. Amendments. Except as otherwise provided herein, these bylaws may be amended or repealed and new bylaws may be adopted by the affirmative vote of a majority of the directors then holding office at any regular or special meeting of the Board of Directors.
No bylaw adopted or amended by the members shall be amended or repealed by the Board of Directors, except to the extent that such bylaw expressly authorizes its amendment or repeal by the Board of Directors.
Violation letter and consequence link:
/editor_upload/File/Violation%20letter%20with%20enclosure.pdf
/editor_upload/File/Violation%20letter%20with%20enclosure.pdf