Windward Shores Association Legal Documents

Windward Shores Legal Documents

This page contains copies of the three documents which define the community rights and obligations of every Windward Shores property owner, and the structure under which Windward Shores Property Owners' Association operates:

o DECLARATION OF COVENANTS
o BYLAWS
o ARTICLES OF INCORPORATION
o RULES & REGULATIONS

Where there is any inconsistency between the BYLAWS, the ARTICLES OF INCORPORATION and the DECLARATION, the DECLARATION is the prevailing document.

Declaration of Covenants

The DECLARATION OF COVENANTS defines the community's boundaries, the basis for annual property owners assessments and for special assessments. They also bind every Windward Shores lot owner to adhere to certain construction standards and to refrain from specific actions which are considered detrimental to the community as a whole. The Covenants establish minimum home sizes and building setbacks; provide guidelines for fences, accessory buildings and lot appearance and establishes the Architectural Committee as arbiter on such issues. The covenants also prohibits animals other than house pets. The original document is recorded in Book 674, Page 836 at the Northampton County Register of Deeds. There is a searchable

retyped version available from this site.

ByLaws

The BYLAWS define the operating rules for the Windward Shores Property Owners' Association. They define the number of Directors, the Officers, powers and duties of the Board and of the Officers, voting rights, voting procedures for Directors and for Officers, meeting requirements and establishment of committees. The original document is filed with the North Carolina Secretary of State. There is a copy of the

original document as well as a searchable

retyped version available from this site.

Articles of Incorporation
The ARTICLES OF INCORPORATION are filed with the Secretary of State as required for all North Carolina corporations. There is a copy of the original document as well as a searchable retyped version available from this site.

Rules and Regulations

Per NC Planned Community Act, the WSPOA Rules & Regulations were adopted by the Board of Directors at the annual property owners' meeting. These Rules and Regulations, effective 10 September 2011, address most of the areas of concern that were in the survey along with several others. They can be changed by the Board as conditions warrant. Additionally, the Rules and Regulations are fully enforceable, will be reviewed on a regular basis and Sections can be changed, modified or deleted by the Board. They are basically an extension of our covenants and provide the necessary extra protection and guidance to our Property Owners. There is a copy of the

Rules & Regulations available from this site.

North Carolina Planned Community Act

The North Carolina Planned Community Act of 1998, General Statutes, Chapter 47F, applies to all planned communities created on or after January 1, 1999. Additionally, G.S. 47F-3-102(1) through (6) and (11) through (17), G.S. 47F-3-107(a), (b), and (c), G.S. 47F-3-107.1, G.S. 47F-3-115, and G.S. 47F-3-116, apply to all planned communities created before January 1, 1999, unless the articles of incorporation or the declaration expressly provides to the contrary.