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Pg.

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2

COMPLIANCE

CERTIFICATION

\MORTGAGES

CONSTRUCTION and SEVERABILITY

BOOKS AND RECORDS

CORPORATE SEAL

BOARD OF DIRECTORS

OFFICERS OF THE BOARD

FISCAL MANAGEMENT OF THE ASSOCIATION

PARLIAMENTARY PROCEDURES

AMENDMENTS

MEMBERS

GENERAL

Table of Con~en~s

ASHEBROOK VILLAS HOMEOWNERS ASSOCIATION

for

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

under t~~ provisions of

BY-LAWS

3/12/90

XII.

XI.

x.IX.

VIII.

VI.

ViI.

V.

IV.

III.

II.

1.

.....

,~

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~'Ir -r:1.,) _,... \

.'. !'IJ -t I' •:., j J.'H·· '_- V t /

./

II. MEMBERS

A. DEFINITION. -Member- as used in these By-laws shall Mean

and include a property owner, co-owner, ~ir respective

heirs, representatives, and successors.

Any person becoming an owner shall automatically

I. GENERAL

A. USE OF PRONOUNS. Whenever 'the Masculine singular form of

~. pronoun is used in these By-laws. it.shall be

const.ruedt.oMean t.heMasculine. feminine or neuter,

singular or plural, wherever t.hecontext so requires.

B. APPLICATION. These By-laws shall apply au~ow,aticall~ t.o

all owners, tenant.sof such owners, employees of owners

and t.enants,heirs of owners, new owners, agent.sof

owners, and any other persons who use t.hepropert.yor any

part t.hereof.

C. FISCAL ¥EAR. The fiscal year of t.he Association shall be

March 1 through the last day of February.

These are ~he By-laws of Ashebrook Villas Homeowners

Asse.eiat.ion(hereinaf~er referred t.oas t.he-Associat.ion-), a non­

profit.corporat.ionorganized under ~ laws of t.heSt.at.eof Sout.h

Carolina. The Associat.ion has been organized for t.he purpose of

administering Ashebrook Yillas, a common-interest. communit.y

development. locat.edin Fort.Mill, Sout.hCarolina. These By-laws

are provided for under t.he provisions of t.he Declarat.ion of

Covenant-s.Condit.ions and Rest.ric~ions (hereinaf~er referred to as

~he -Rest.rict.ions-).

designated by the Board to hold ~~ records.

entity, the agent entitled to cast ~ vote for ~e

unit shall be designated by ~ appropria~e

officia1(s) in a cert.ificateof appointment filed

with an elected official of the Association,

3. If a unit is owned by • corporation or other legal

t.heBoard ~ hold the records ..

an elected official of the Association, designa~ by\

all of ~e record owners of ~e unit, and filed wi~

unit shall be deSignated by a certificate, signed by

vot.e,the person entitled to cast the vote for the

owner(s) wants ~o assign someone else his right ~

2. If a unit is owned by more than one person, or ~

shall be established by the record title·of his uni~.

1. If a unit is owned by one person, his right to vote

vot.e.

B. VOTE OF MEMBERS. Each property unit shall represent one

vote on all matters for which Members are entitled ~

owner from any liabili~y or obligation incurred during

~he period of ~i5 ownership prior ~ the termination,

until satisfaction of such liability or obligation is

approved by the Board of Direc~r •.

be an owner. Termina~ion shall not relieve any former

ac~ion of ~he Associa~ion whenever such person ceases to

This Membership shall termina~e without any formal

t.hese By-laws.

become a member of ~ Associa~ion and be subjec~ ~o

BY-LAWS-pg.3

giving t.he no~ice ..

days prior to the date of the meeting. Proof of such

mailing shall be given by an affidavit of the person

not. less ~han ten (10)days nor more than t.hir~y (30)

official deSignated by ~he Board, unless waiv~d in

wri~ing, ~ each member at. his address as i~ appears

on ~he books of ~·Associat.ion, and Shall be mailed

shall be given by ~ President, or an elec~ed

1. No~ice of all Meetings of Members, stat.ing t.he t.ime,

place, and objec~ive for which the meeting is called,

E. NOTICE OF MEETINGS.

request from a majorit.y of ~e Members.

be called by such officers upon receipt. of a writ.ten

D. SPECIAL MEETINGS. Special meetings of rIIefl,bers shall be

held whenever called by a Majority of the Board. or must.

.January 31.

another dat.e shall be set by ~e Board to be held befo~e

designat.ed by t.he Board. If this date is not suitable.

Monday in 3anuary of each year; ~e locat.ion shall be

Such meet.ing shall be held at.7:00 p.m. on t.~.second

members.

any o~r business aut.horized t.o be t.ransact.edby

held for t.he purpose of .,lect.ingofficers and directors

(hereinaft.er referred ~o as ~he -Soard-) and t.ransact.ing

.ownership of ~he property.

C. ANNUALMEETING. An Annual l"Ieet.ingof members shall be

or superseded. or un~il a change occurs in ~

Such cer~ifica~es whall be valid un~il revoked.

BY-LAWS-pg.4

2. The President, or an elected official designated by

the Soard to do 50, shall keep a complete list of

members entitled to vote at the meeting, showing the

address and ~ber of votes for each. Such list

shall be open to the examination of any member. The

list shall be produced and kept at the time and place

of the meeting, during the whole time thereof,and may

be inspected by any meMber.

Unless o~rwise provided in advance by

resolution of the Board, the record date for the

purpose of deterMining Members entitled 1.0 notice to

vote at any Meeting of the Association, shall be the­

close of business on two days preceding the day on

which the notice is mailed; or if notice is waived,

at the close of business two days preceding the day

on which the meeting is held.

Notice of ..eting May be waived in writing, and

att.endance Ittany meeting by a w.e'llbersha11 be deertted

a waiver of the notice requirements with respect

ther~to. unless such Member delivers written

objection of failure to comply with such notice

requirements of the person presiding at the Mee~ing.

F. QUORUM. A quorum meeting of Members shall consist of a

majority of the qualified voters from the entire

membership. The joinder of a member in the action of a

meeting, by signing and conCUrring in the Minutes

thereof, shall cons·titute the presence of such MeMber for

BY-LAtJS-pg.5

(4) .bove, and thereafter, the agenda shall consist of

t.hemembers shall include items one (1) through four

Th& order of business at all special mee~ings of

Meet.ingsof t.heMembers shall be as follows:

1. Roll call of members.2. Proof of notice of Meeting or waiver of notice.3. Reading of minutes of preceding meeting.4. Reading of the finanCial su.m.aryreport ..S. Report. of COMMittees.6. Election of inspectors for election.7. Election of officers and directors.S. Unfinish&d business.9. New business.

K. ORDER OF BUSINESS. The order of business at all Annual

elect a Chairman to preside at the particular ••et1ng.

If neit.hersuch officer is present.,the Board shall

President shall preside.

3. PRESIDING OFFICER. T~. President.shall preside at

all ~etings of the Members, and in his absence the Vice

",eetingfrom t.iMeto t.i....unt.ila quorum is pr.sent..

present..eit.herin person or by pro~~. may adjourn ~e

because a quoruM has not att.ended.t.he...e....bers who are

1. AD30URNED MEETING. If any members cannot be organized

member if in an Association .eeting

the same person authorized to cast the vot.eof such

designated therein and must be filed with the Soard

before the appointed ti.. of the meeting.

H. APPROVAL/DISAPPROVAL ·of a member upon any matt.er.whether

or not the subject of an Association ..eting, shall be by

~he purpose of determining a quorum.

G. PROXIES. Vo~es may be cas~ by proxy. Proxies shall be

in writing and valid only for the particular Meeting

BY-LAWS-pg.6

w~mb&rship approval as set forth in the Rest.rict.ions.

6, Approval of amendment.s to the By-laws to t.he extent

such action requires Membership approval as provided

in t.heseBy-laws.

Rest.rictions to t.heext.ent.such act.ionrequires

Board in their discretion feels is nacessay.

S. Proposal and approval of ....ndMents t.ot.he

the Board in t.heirdiscretion feel-i. necessary.

4. Det.errllinationwhether t.o..ake st.ructural changes or

addi~ion. as provided in the Restrict.ions or as ~-,

a catastrophe as provided in the Restrictions, or as

3. DeterMination whether t.oreconstruct or rebuild after

said t.ot.aI vot.e.

a replacement. therefore, upon vot.eof a majority of

2. Removal of any officer or director upon vot.eof 7S~

of the t.otalvote of t.heAssociat.ion, and election of

t.heseBy-laws.

1. Election of officers and direct.ors. as provided by

dut.ies include, but are not limited to t~. following:

Rest.rict.ionsor t.heseBy-laws. Such power. and

Association, except.as o~rwise provided by ~

performed upon a .ajor1~v of ~ ~otal vot.eof ~

laws. which powers and duties shall be exercised and

L. POWERS AND DUTIES OF MEMBERS. The powers and duties of

men,bers shall be t.hosepowers and duties specifically and

exclusively requi~ed by t.heRest~ict.ions and t.heseBy-

t.heitems specified in t.henot·iceof Meeting.

BV-LAWS-P9·7

elements. and generally preserving tt••COMmon

pat iOS. Qnd 55t.ops, in order t.o pl'OlflOt.e• uni for. and

.e.~tic.lly pleasing appearance .•

g. Other funds for Making i.prov .....nt.sto 'the

common element-s, repairing or replacing worn,out.

deteriorated. or Obsol.t.e portions of ~ COMMOn

other facia. ~tter •• eave •• porches, te.,.race.~

\

to ~ exclusion of other .lement.s, roofing, siding,

f. A Building "aintenanc. Fund ~ .aintain ~

ext.erior of all individual unit.., including. but not

cleaning.

e. Lawn maint.enance, gardening supplies, and gutter

fees. {.axes, salaries, wages, and fringe benefits.

d. AdMinis~rative, legal and accounting co.~,

lind pc.ol I ight.s.

c. Power bill. for st.reet lights, entrance ligh~.,

b. Rubbish pickup and community water bill•.

t.ornado, f ~re, or ot.herhazards of nai.ure.

expenses including, but.not.li.it.ed '1.0:

a. A liability/hazard insurance policy premium to

cover repair and reconst.ruct.ionwork in case of

1. AssessMen~s. All MeMbers are obligated to pay

periodiC assessments as provided by ~ Restrictions,

and imposed by t.he Board, t.o ... t.all Association

M. DBl I GATI ONS OF MEMBERS.

in these By-laws.

such ac~ion requires membership approval •• se~ for~h

7. Approval of increase in assess.an~. ~o ~h.ex~en~

BY-LAWS-pg.8

property controlled by t~. Association.

2. Maintenance and R~air.

a. Every m.mber must promptly perform all

Maintenance and repair work within his own property,

wnich if omitted would affect the property in its

ent.iret.y01' in a part belonging to ot.hermembers. He

is expressly responsible for the daMages and

liabilities that his failure ~ do so may engender.

b. All repairs of internal inst.allat.ionsof the

units such as water, elect.ricity,gas, sewage.

telephones, air conditioners, heat.,sanitary

installat.ions,doors, windows, lights, and all other

accessories belonging to ~e unit shall be at.the

expense of the unit owner. Pest control shall also be

at the owner~s expense.

c. A member shall reimburse the Associat.ion for any

expenditures incurred in repairing 01' replacing any

common element.sd••aged through his own fault or

througt'.'the fault of a _bel" of hi. family, guest,

tenant, employee, 01' agent..

d. Each .~"ber is responsible for the property

defined on his plat and for ~ plant.ingand

maint.enanceof gardens on his property.

e. A Member shall not..ake structural MOdificat.ions

of any fire or party walloI' alterat.ions to the

exterior of a unit, 01" installations locat.edthereon,

wit.houtfirst obtaining ~. approval of-the Board of

BY-LAlJS-pg.9

N. RUl.ESOF CONDUCT. All Members shall lltbideby ~he

Re5~rictions and ~ Rules and Regulations and Pool Rules

as may be adopted by the AS50ciation frOM tiMe to t1.. in

Directors and ~he Arthi~c~r&l Con~rol COMmi~~eea.

se~ for~h under t~dR~s~rictiona and ~se By-Laws.

3. Use of Unit.. All units shall be used for

single-family residen~i.l purpo~s only.

a. ·AII back yards Gha11 be op~n .~ cl.ar of ••all

fences. plant.erB,ho&cz.s.'toys. fU1"niture. pet chains.

e~c . so t.hatgrounds Iceepers.ay do 'thei r work

wi~ou~ obstacles.

b. Fenced areas MUSt have gat.. to Make areas

accessible to fir.~n, grounds keepers, and u~iltty

people.

4. Use of Common Elomen~s.

a. Not.hing shall be placed in t.he COffdDOn are.s-no

furn!t.UNt. package.. r.fuse, or any o~her obstuc tion

of any kind.

b. Roadways .ust be kept cl.ar and open for

emergency vehicles at all tiMes.

c. Children and pets shall be restrained from the

landscaped areas.

S. Right.of Ent.ry. A ID&IhberI:lha~lgrant.right of entry

~o any person authorized by the Board, ·in cas. of

eMergency origina~ing in Or threatening his unit,

whether the Member i. present.or not.

BV-LAtJS-pg.10

'. .

waiver of their right .todo &0 thereaft.er.

adopted pursuant the.,.eto.shall not constitute a

Regulat.ions,and the Pool Rules, or any regulat.ions

3. The failUre of the ".embers to enfo.,.ceany provision

crf t.heRest.rictions, these By-laws, the Rules and

attorneys' fees as May be awarded by the court.

recover costs of the proceeding and such reasonable

proceeding arising because of an alleged default by a

u~Mber, \the prevailing party shall be entitled to .

abandonment of a unit or its appur~nances. In any

rat·e.occasioned by use, misuse, occupancy or

liability shall include any increase in insurance

guests, his tenants, er.ploy_es,or agents. Such

that of any member of his family or his or their

necessary by his act, neglect, or carelessness or by

maintenance, repair, or replacement rendered

2. A member shall be liable for the expense of any

remedies provided by the Restrictions.

relief described hereafter in addition to the

A default shall enti~le the other Members to the

family, their guests, tenan~s, e"~loy~s, and agents.,.

A member shall·be liable for the misconduct of his

such documen~s as ~y are amended from time to time.

~he Rules and Regula~ions, and ~e Pool Rules, and by

with the ~r •• of ~ Res~ric~ions. ~se By-laws,

1. Each member shall be governed by and shall comply

O. COMPLIANCE AND DEFAULT.

BY-LAIJS-pg.11

&. The vot.ing Board aeff.bersshall be t.he offices of

President.. Vice President.,Treasurer and four (4)

Direct-orsat. large. These officers shall be elect.ed

for two-year periods. The t.hreeofficers and two of

the direct.or. shall be elec~d on even-numbered

years: t.wodirectors shall be elec~d on odd-numbered

years.

b. The non-voting Soard Mer/tbersshall be t.he

clffieesof Recording Secretary and

Financial/Corresponding Secretary.

2. The BClardof Directors shall be elect.ed at.the annual

meet.ing by a majorit.yvote of t.he.._bers of the

Association present.after a report from ~e

Nominat.ing Committ.ee.

3. A Norr.inEltingCorrlfllitt.eeshall be appointed by the

current Board from the Members of the Association for

t.hepurpose of:

El. Gathering na.es of members who are able and

willing to serve in certain capacities and, with

their prior approval, present ~eir names in

nCIMination before the body.

III. THE BOARD OF DIRECTORS.

A. NUMBER AND ELECTION.

1. The Board of Direct.orsshall .consist.of seven (7)

voting Board members and t.wonon-vot.ing Board

BY -LAWS-pg. 12

B. MANNER OF ELECTION REMOVAL. Any officer o~ dir.cto~ may

be removed at any time. with o~ wi~t cause, by vote of

7S~ of the total vote of ~ Association at any regular

or special meeting ~~eof.

The removed officer or director May be replaced by a

majori~y of t~~ total vote of the Association at any

r&gula~ or special Meeting thereof, each new officer or

director to serve the remainde~ of the terM of the

~emoved officer or director. Any Director whose removal

has been p~oposed shall be given opportunity to be heard

at the meeting.

C. BOARD VACANCIES. Vacancies in the Board caused by any

reason ouner than the removal of a Member of the Board by

a vote of ~ members, shall be filled by vote of the .

majority of the rew.ining Board Members, even ~gh they

may constitute less than a quo~um; and each pe~son so

elected shall be a mewber of the Board until a successo~

is elected at the next annual meeting of the members.

D. ORGANIZATION BOARD MEETING~ The first Meeting of a newly

4. Office~s and direc~ors shall be elec~ed by ballo~.

at appropriate annual meetings, or at any Mee~ing

held in place ther.of~

S. Each elected officer and director shall serve, unless

removed as he~einafter set forth. until the annual

meeting of MeMbe~&.·at which time his terM expires

and until his successor is elected.

BY-LAWS-pg.13

elec~ed Board shall be held wi~hin ~en (10) days of ~he

elec~ion, .~ such place 65 shall be fixed by ~. Board.

No fur~her no~ice shall be necessary to ~ake .c~ion a~

'lhemee'ting,providing a quorUM of the Board shall be

presen~.

E. REGULAR BOARD MEETINGS. Regular Meetings of ~ Board

shall be held a~ such 1.i_eand place as ahall be

de'terminedby a majori1.yof ~ Soard. A~ lea5~four (4)

such mee~ings shall be held during each fiscal year.

No'ticeof regular mee'tingsof 'the Board shall be

given by ~he Secre'lary,or o~her designa'tedperson, ~

each Board member personally, or by mail or 'telephone,at

least five (S) days prior ~o ~he day appoin1.edfor such a

meeting.

F. SPECIAL BOARD MEETINGS. Special .ee~ings of ~he Board

shall be held whenever called by ~he President. or by a

majori'tyof the Board, and mus'tbe called by such

officers upon receip~ of a wri~~en reques~ from anyone

of 'theseofficers or direc'tors.

No'liceo~ ~he special meeting shall be given by the

Secretary, or other de.igna~.d person. at least ~ree (3)

days prior ~o 'theday appoint.edfor such ..eting unless

no~ice is waived

G. VOTE OF BOARD. The Presiden~. Vice Presiden't,Treasurer.

and each Oirec~r shall have one whole vo~e, r~gardless

of 'thenUMber of re.idences owned by him.

The secl'et.ari£os shill! not have a ve.te.

SY-LAIJS-I=.g.14

.•s o~herwise provided in ~e5e By-laws. Such powers and

Board, as provid.d in paragraph I of ~his Ar~icle, excep~

and performed upon a Majority of the total vote of the

t.heseBy-laws; which powers and du~ies shall t. exercised

t.heofficers and directors of the Board shall consist.Of.

those powers and duties specified in t.he Restrictions and

L. POWERS AND DUTIES OF THE BOARD. The powers and duties of

shall furnish adequate fidelit.ybonds .. The premiums on

such bonds sh.ll be paid by ~ Association.

Associa~ion handling or responsible for Association funds

officers. direc~rs. secretaries. and employees of the

K. FIDELITY SONOS. The Board may require ~hat.any and all

Vice President shall preside.

rr.eet.ingsshall be the Presiden~. in whose absence the

J. PRESIDING OFFICER. The presiding officer of Board

quorum presen~, the meeting shall be adjourned and

rescheduled as soon .s prac~ical thereaft.er.

If, at any meeting of ~he Board. ~~.r.is less t.hana

the approval of a majorit.yof directors in .~tendance.

t.he~ransaction of business. Board action ~hall require

(4)of t.heBoard •••bers shall constitu~ a quorum for

I. BOARDQUORUM. At. all ....etings of t.he Board, any four

t~~ same shall be a valid Meeting.

directors sign the Minutes of ~ Meeting thereaf~r,

If a ~ee~ing is held wi~h notice, bu~ if the absent

pursuan~ ~o proper no~ice.

arl direc~ors are pr..en~ shall be as valid as if held

BY-LAWS-pg. 15

duties shall include. but are not limited to, the

follc.wing:

1. To select a norrlinatingcomrttittee from the Inerr.bersand

to conduct meetings for the election or removal of

officers and directors.

2. To obtain fidelity bonds as provided in t.heseBy­

laws.

3. To appoint a public accountant, or firm t.hereof, to

audit t~~ records and books of the Association and to

act as consultant. for taxes, etc.

4. To apt:.oini.an attorney or other legal counsel 'to

render to the Board and t.heAssociation legal advice

and ot~~r legal services .s the Board of Directors

may determine. in its sole discretion. t.obe

necessary or advisable froD'1t.itReto t.irtle.

S. To appoint an Architectural Control Committee, which

shall consist.of the President., Vice President, and

three (3)members willing t.oserve from the

membership at. large. The Soard shall give final

approval t.e any decisions ••d. by the Archit.ect.ural

Cont.rolCommit.t.ee.

6. To monit.orand govern the Budget, the Building

Maintenance Fund, the Obsolescence Fund, ~e

Contingency Reserve Fund, and any o~r financial

mat.ters.

7. To approve or disapprove, as provided in the

F:est.rict.ionsor these By-laws, of any ext.erior 01'

structural changes which'any rt.ernberdesires to make

BY-LAWS-pg. 16

to believe his conduct was unlawful. Termination of

any criminal proceeding, he had no reasonable cause

not opposed to its best interest; and in t.he case of

interest, and in all o~'I' cases that his conduct was

Association, that his conduct was in it.sbest

conduct in his official capacity with the

director, pI"secretary conducted himself in good

faith; and he reasonably believed. in ~ case of

director, and/o'l'secretary, if such officer,

to a prc.ceeding because he is 0'1' was an officer,

01' secretary of the Association who is made a party

2. The Assoc iat·ion sha 11 indemn! fy an of f icer, director,

gross negligence.

t.hesame shall have result.ed from his own willful 0'1'

sustained by the Association, or any membe'l'.unless

c.t·herofficer, director. or rr.embe'l',0'1' fo'l'any loss

shall be liable 10'1' acts, faults. 0'1' neglect of any

1. No officer. director, or secretary of t.heAssociation

M. NON-LIABILITY AND INDEMNITY OF BOARD MEMBERS.

necessary by t.hew.ajorit.yvot.eof t.heBoard. _

9. To appoint. and delegat. .. any of it. .. "dminist.r ..t.iVe~

duties and responsibilit.ies t.o• managing agent. WhO~

shall be solely 'l'esponsibleto the Board. ~

expenditure of app'l'oximat.ely$SOO.OO fo'l'a single

item not specified in the apP'l'ovedbudget but deew~d

S. The Board ShEd 1 have aut.horization to maltean

to his residence and property.

BY-LAWS-pg. 17

IV. OFFICERS AND DIRECTORS.

A. POWERS AND DUTIES OF OFFICERS.

1. President - The President shall be the chief

t.hissection M in connection wit.ha proceeding by or

in the right of the Association is liMited to

reasonable cost.s,e>~penses,and IiabiIities

(including attorneys' fees) actually and necessarily

incurred by, or imposed upon, such officer. director.

or secretary of the Association in connection with or

result.ingfrom any claim, act.ion,suit. proceeding.

investigation or inquiry. In ~ absence of • final

adjudication of the e>dstence of such proceeding or

liability, the Association and each member or agent

t.hereofrmayconelustvely rely upon t.he opinion of

legal counsel selected by the Association.

4. The foregcoingright of indemnification shall be in

addition to and not in limit.tion of all of the

rights to which such officer. director, or secretary

of the Association May be entitled as a Matter of

law. and such shall inure to the benefit of the legal

representative of such person.

Indemnification per.it~d underthis section M. 3.

corrvact.f on, or a plea nolo contendere or its

equivalent is not, of itself, determinative that the

officer, director, or secretary of the Association

did not Meet.the standard of conduct described in

BY-LAIJS-pg. 1€I

e>~ecut.iveoffice ...of t.heAssociat.ion and shall

exe ...cise all ~Ie powe ...s and pe...fo...m all t.hedut.iesof

t.heAssociat.ion as p...ovided in t.he Rest....iction. and

t.heseBy-laws, excepting only those powers and duties

specifically and exclusively assigned by the

Restrictions 0...these By-laws to be exercised by the

othe...officers, the di...ect.orsat large, 0...the

r(,embershipof t.heAssociat.ion. The Prtt-sident's

dut.iesshall include, but not be limited to, the

following:

&. To ...epo...t on the st.ateof the development.at

regula...meetings Of.the Boa...d of Director•• and at

special Board meetings called for that purpose. in

such detail as shall be required by the Board.

b. To rt,anEtgethe affairs of the Association

in conformance wit.hthe Restrictions, t.heseBy-laws.

the Rules and Regulations, ~he Pool Rules, the Budget.

of t.heAssociat.ion,and any other documents relilting

to the property, including, but not.limited to,

supervision of ert~loyeesof t.he Association. purchase

of supplies and equipment as au~orized by the Board

of Directors, and s~rvi5ion of performance of.

contracts to'which the Association is a pa...ty.

c. To preside at all meetings of t.hemembers and

the Soard of Directors.

d. To attend all Meetings of the Architectural

Control Board.

BV-LAWS-pg.19

e. To appoint.such cothmittee& of t.heAssc.ciation or

of t.heBc.ardof Direct.ors 115 ,.... in his discretion

det.ermines t.obe appropriat.e in t.heconduct.of t.he

affairs of the Associat.ion.

f. To exercise such ot.,....r powers and perform such

other duties as shall be prescribed by ~ Board.

2. Vice President - The Vice President shall, in the

absence or disabilit.y of t.hePresident, exercise the

powers and perform the duties of President. He shall

also generally assist. t."'~President and exercise such

powers and perform such duties as shall be prescribed

t.y the BOllrd.

3. Treasurer - The t.reasurer shall keep full and

accurat.e accc.unt.sof all receipt.s and disbursement.s

in boeJ,sbelcenging to the Assec iation.

He shall collect. all assessrnent·sand funds and

shall de-posit.all mc.nies and ot.her valuable effer:t.s

in t.hename I and t.o t·hecredtt.of, t.heAssoc i IIt.ion in

such depositories as may from t.imet.otime be

designated by ~ Soard.

~e shall monitor the budget. for the current.

year. He shall plan a budget for the next year for

the Board's approval and affirmat.ion by the vdting

members.

He shall pay .11 bills, t.x....wages, FICA

premiums and other debt.sowed by t.heAssociation upon

receipt of valid invoices.

4. Secretaries - The Secret.aries ar-enc.n-voting u,erot.ers

BY-LAWS-pg .20 '"

The provisions for fiscal management.of the Associat.ion

set fort.h in the Restrictions and in 'these By-laws shall be

sups:.lementedby t.he following provisions:

A. ASSESSMENTS.

1. Creation of the Lien and Personal Obligation of

Assessments. By 'the Restrict.ions each rr,errlberis

deemed t.o covenant and agree 'to pay to the

Assctciation:

B. Annual assessments or charges

V. FISCAL MANAGEMENT OF THE ASSOCIATION.

elf t.he Board.

The Ra-cording Secret.ary shall record and keep

the minutes of ell proceedings of the Association and

the Board. He shall present for review all i telr,s

designat.ed old business, tabled, 01" shelved.

He shall attend to 'the giving and serving of all

noti ce-s to t.he 'r.ert,bersand Bc.ard I't,embe-rsand other

not.ices required by law.

He shall keep the records of the Associat.ion,

except t.hose of t.h. Pres! dent. and Treasurer, and

shitll perfclrm such other duties incident to t.he

c·ffice of Secret.ary as Irlaybe required by t.he Board

members.

The Financii.l/Correspe.nding Secretary shall

assist t.he t.reasurer and handle all correspondence

fe.r t.he Asse.ciation.

t:.. Re-gular or spec ial asse-ssment.s for buldi ng

mcdnt.enance or cal=.it.al ifllprOverttent.s.

c. A cont.ingency reserve fund for emergencies (S~

c.f annual operating budget)

d. A pro rat.a share of t.axes levied against. t.he

property and commonele"~nt.s.

e. A pro rata share of assessments for public

imprc.veme-nts t.o the property and comr(Jonelement.s if

the Association shall default. in the payment thereof

f or- a I='eriod·of six (6) rrlont-hs.

The annuill and sl=.ecial assessments, together

wit.h such int.~rest t.h&reon, and costs of coll&etion

theree.f, as herinilfter provided shilll be a charge on

t.he 1ilnd and sha11 be a cont.inuing I i en upon t·he

prc'perty agcdnst which each IIssessment is IJlade. Each

such assessment, te'get.her wit.h such int.erest., costs

and reasc.necble att.orney's fees, shilll also be the

perscfnlll ot:.ligat.ion of the persc.n whowas the owner

elf such prcfpert.y at t.he t·irrlewhen t.he assessment fell

due, and shall not pass t.o his successor in title

unless expressly assumed by hiM.

2. Purpose of Assessfl,e-nt.s. The assesslJlents levied by

the Association shall be used exclusively for the'

purpc.se c.f prortlc.ting the safety, health, welfare and

recreat.ion of the owners in the Prc.perty and, in

parti cular, for t.he imprc.verrlentand lJ.aint.enance of

the Pre.pert.y, services and facilit.ies devoted to

t.his purpose and relat.ed t.o t.he use and enjoyment of

BV-LAWS-pg.22

the assent of two-thirds (2/3) of t.he votes of the

hereto, provided that any such assessment shall have

the Propert.y or camll.onelerr.e:nt.s,including the

necessary fixtures and personal propert.y reIat.ed

replacement. of a described capital improvertrent.upon

const.ruct.ionor reconst.ruct.ion,unexpect.ed repain or

defraying, in whole or in part., the cost.of any

levy a special assessment. for ~ purpose of\

assessments authorized above, the Association may

4. Emergency Assessment.s. In addition to t.he annual

to participate under it.sArticle of Incorporation.

consolidat.ion in which the Associat.ion is au~~ri%ed

under t.Ed~en as an incident. t-o• ..erger or

change in t.hemaxiMum and basis of t.heassessments

b. The limit-at.ionshereof shall not apply t.oany

purpose of t.heMeet-ing.

ne.t.1eS5 t.han ten (10) days nor ",or..t.han thirt.y (30 )

days in advance of t.hemeet-ing, set.ting fort-h the

Writ.t.ennotice of which shall be sent. t.oall members

assent. of th...ajori ty of t.he.....,Dbersin person or by

proxy, at iii Meeting duly called for this purpose.

annuiii1 assesslr,ent.may be inc:rea.ed by a vot.e of t.he

rt.err.bers,provid£.d t.hat.any such change shall have t.he

a. From and aft.er 3anuary 1, 1990, t.hemaximum

3. Basis and Maximum of Annual Assessment.s.

t.heProl=.ert.y.

t.he comMon element.s, and of t.hebuildings sit.uat.edon

BY-LAWS-c:.g .23

non-use of the common elements or abandonment of his

liability for the assessments provided for herein by

c. No member may waive or otherwise escape

its due date.

received on or before the fifteenth (lSth) day after

shall be assessed for every month the payment is not

A processing fee of "lendollars ($10.) per month

,processing fees, and last ~ current assessments. b.

int.erest,third "lolate payrllen"lpenalties of

first to delinquent assessments, second to accrued

All payments of assessments shall be allocated

the arttc.untof sueh assessment.

att.c.rney·sfees of any such action shall be added to

(at t.heprevailing rate>, costs. and reasonable

foreclose the lien against the property. Interest

,(,emberpersonally obligated t.opay the same or

Association may bring an action at law against the

thereafter are considered to be delinquent. The

month. with a fourteen (14) day grace period, and

a. Assessments are due on the first day of the

t.heAs.sc.cilltion.

S. Effect of Non-payment of Assessments: Remedies of

the meet.ing.

advance of the meeting, setting forth the purpose of

ten (10) days nor more than thirty (30) days in

meeting shall be sent to all members not less than

called for this purpose. Written not.ice of such

members in person or by proxy at a meeting duly

9V-LAWS-pg.24

bOCfks or elect1'onic devicE'S in which there shall be

rt,aintainedby the Trellsurer in a set.of account.ing

7. Assessment. Roll. The assessment roll shall be

.elect t.oforeclose the lien against. the real

bring an action at. law against said tnember or May

devisees, personal representatives and assigns. The

taxing or assessing governw~nt.al authorit.y may ei~er

continuing lien on t.heunit. of t.hert.efnber,his Mirs,

nCft·iceeffamount. due, then such SUM shall becoh',ea

member wit-hin 'thirt.y(30)days following receipt. of

Count.y Tax Assessor. If such sum is not paid by t.he

t.hert,ember'5 uni t.value issdeterrllined by t.heYork

shar&- due said government.al authority in relation t.o

assessment.s in an amount. d&-t.rmined by computing t.he

aut.horit.ya port.ion of such unpaid taxes or

t.opa.y to the t.axing or a.s••sing gov.rnrnental

",on~hs, each member shall becOfI.epersonally obligated

which default. shall continue for a period of six (6)

improvements t.othe common elements and t.hepropert.y,

elements and t.hepropert.y or assessrnent.5for public

~her.to, of any t.axes levied against. t.hecommon

payment. t.o t.hegovernment.a1 aut.hority ent.itled

r:.rovidedt.hat.upon default. by t.heAssociat.ion in

Imr:.rovement.by t.he Association. It.is furt.her

6. Oefault. in Payment. of Taxes or AS5essrt,ent.sfor Public

unit.

SV-LAI.JS-pg.2S

en accoun~ shall designa~e ~he name and address of

tt-.e",ember, ~he alrJount.of each assessJflent.agat nst. ~he

member, ~he da~es and amoun~s in which ~e

assessmen'ls come due, the amount.spaid upon the

accoun~, and tt-. balance due.

8. Sudge~~

a. The Treasurer shall prepare III one-calendar year

common-expense budge~, and anticiplII~dassessment..

ag&.inst .f!oach Mf!orr.ber,for apl=,rOVit1 by the BoaI'dand

then assent of ~he Majority of ~he voting n.Mbers of

~he Associa~ion. The budge~ shall con~ain e5tima~es

of ~he cos~ of performing ~he functions of the

Associa~ion.

b. Copies of ~he budge~ and proposed assessments

shitllbe available t.e each rneJl.beron or before

December 15 preceding the year for which the budge~

is planned.

c. If ~he budge~ is subsequently amended before the

assessmen'lsare made, a copy of the .mended budget

shall be furnished each member concerned.

9. Bank Accoun~s. The banks. in which all monies of the

Associa~ion shall be deposi~d, shall be designa~ed

by 'lhe Board. Withdrawal of monies from such

accounts shall be only by checks signed by any two

(2) of 'lhedesignated Board officers: Treasurer,

President, Vice President.

10. Audit of Accounts. An audit of ~he account.sof ~he

E:Y-LAIJS-pg.26

member at a Board meeting call~ for this purpose.

Association shall be available 101' inspection by any

VIII.BOOKS AND RECORDS. The book., records. and pape...s of the

not.present.at.1.he Meet.ing considering t.he aMendMent..Miky

eXPress their approval by proxy.

vot.eof the Association. Officers, direct.ors and Members\

laws must receive app...oval of ~ Majori~y of ~ tot.al

not.iceshall be given ten (10) days prior to the Meeting. 0.

S. ADOPTION: A ......olut.ionadopting an amendMent t.ot.he By-

amendment. shall be included in the notice of any .....t1ng

a~ which a proposed amendrrtent.i. t.obe considered. Such

A. NOTICE: Not.iceof t.he subject.matwr of a pr-oposed

in t.he following Manner:

Amendments to the By-laws shall be proposed and adopt.ed.

VII. AMENDMENTS.

Roberts Rul•• of Orde...(la~st. edit.ion)shall govern ~

conduc~ of t.heAs.ociat.ion proceedings when not.in conflic~

wit.ht.heRestri~'t.ions0'" other Association's doCUlM!n~5.

VI. PARLIAMENTARY PROCEDURE

each Membe... not.later t.hanApril 1 of t.heyea...

.following t.heyea...101' which t.he repo...t. is made.

Associ.~ion shall ~ M~de by a public accoun~ant,

periodically as det.erMined by the Soard. A copy of

t.hereport.of such accoun~nt shall be furnished to\

BV-LAWS-pg.27

XI. MORTGAGES

Section 1. Notice to Soard. Any MeMber who mortgages

his unit shall not.ifyt.heSo&rd of the n&me and address

of his mort.gagee; the Association shall maint.ainsuch

informa.tion in a book entitled, NMortgagees of Units.H

X. CONSTRUCTION AND SEVERABIL~TY_ To ~ extent.possible, each

provision of these By-Law. shall be interpreted in such

manner as to be effective and valid, but.if any

provisions of these By-Laws 01" the application ~reof to

any person or any property shall be prohibited by law or

held invalid in a judicial proceeding, such prohibit.ions

or invalidity shall not.affect any other provision or the

applicat.ionsof any provision which can be given effect.

wit.houtthe invalid provision or application, and to this

end the ~.rovisionsof these By-Lllwsare declared to be

severable. In the cllseof any conflict between the

Art.iclesof Incorporat.ionand t.heseBy-laws, the Articles

shall control: and in t.r-.ecase of any conflict between

the Restrict.ionsand these By-laws, the Restrictions

shall cont.rol.

IX. CORPORATE SEAL. The Association shall have a seal in

Circular form having within it.scircumference ~ words:

Ashebrook Villas Homeowners Associat.ion.

CC'pie-sof t.he Artic Ie of Incc.rporat.ion, t.heRest.riction.,

and the By-laws ma.y be purch&sed at. a reasonable cost.

BY-LAIJS-pg.28

\ 'on the _~~ __day ~f March 1990.

laws of said Association, as duly adopted at a meeting of the

Board of Directors thereof, held on the ~~td.yof Harch 1990,

and al=.provedby the members of the Associat.ion at a meeting held

That. ~he foregoing S'y--lawsconst.it·u~e t.r-.eoriginal By-

Carolina non-~.rofit corporation, and

Treasurer of Ashebrook Vi lIas Homeowners Assc.cia~ion, a Sou~h

That. we are duly elec~ed and act.ive as President and

I. t.he underSigned. do hereby cer~ify:

CERTIFICATION

State will con~rol.

hereby agreed and accepted ~ha~ ~he provisions of ~he

laws conflict with the provisions of any statute, i~ is

requirements of South Carolina. In case any of these By-

XII. COMPLIANCE. These By-laws are in~ended to comply wi~h the

Association from the owner of such uni~.

shall repor~ any unpaid assess"~n~s due ~o the

Sec~ion 2. No~ice of Unpaid Assessments. The Board

E:Y-LAI.JS-pg.29