Disclaimer:

This document is made available solely for general informational purposes. The Oxxford Hunt Community Association makes no representations or warranties as to the accuracy of this information or its legal significance. The information furnished through this medium should not be construed as a certified copy. In situations in which the accuracy and reliability of the information contained in these records is of paramount importance, the user is cautioned not to rely on information made available through this medium, but instead to obtain copies of the record certified as true and correct by the Oxxford Hunt Community Association or its management company, Omega Management, Incorporated.

Editor's Note: Portions of these bylaws were copied from the Declaration of Covenants and Restrictions and as such the references are not valid as written in the official document. The references that have been corrected here are indicated by italics.

ARTICLES OF INCORPORATION
OF
OXXFORD HUNT COMMUNITY ASSOCIATION, INC.

We, the undersigned natural persons of the age of twenty-one (21) years or more, do hereby associate ourselves into a non-profit corporation under the laws of the State of North Carolina, as contained in Chapter 55A of the General Statutes of North Carolina, entitled “Non-Profit Corporation Act”, and the several amendments thereto, do hereby make, sign, and acknowledge these Articles of Incorporation, and to that end do hereby set forth:

ARTICLE I

The name of the corporation is Oxxford Hunt Community Association, Inc., hereinafter called the “Association”.

ARTICLE II

The principal and registered office of the Association is located at 401 Harrison Oaks Boulevard, Suite 130, Cary, Wake County, North Carolina 27511.

ARTICLE III

E. B. Harily whose address is 401 Harrison Oaks Boulevard, Suite 130, Cary, Wake County, North Carolina 27511 is hereby appointed the initial registered agent of this Association.

ARTICLE IV
PURPOSE AND POWERS OF THE ASSOCIATION

This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation and architectural control of the residence Lots and Common Area within that certain tract or property described as follows: and to promote the health, safety and welfare of the residents within the above described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose to:

(a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants and Restrictions, hereinafter called the “Declaration”, applicable to the property and recorded or to be recorded in the Office of the Wake County Register of Deeds and as to the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length;

(b) fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association;

(c) acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association;

(d) borrow money, and with the assent of two-thirds (2/3) of the class of members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; provided, however, the rights of the holder of any such security interest shall be subordinate to the rights of the homeowners hereunder.

(e) dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless authorized by the affirmative vote of three-fourths (3/4) of the votes cast at a duly called meeting of the Association.

(f) participate in mergers and consolidations with other nonprofit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidation or annexation occurring before January 1, 1993, shall have either (1) the assent of a simple majority of the vote of those members present at a duly called meeting or (2) consent of Oxxford Hunt Associates, a North Carolina Partnership. Mergers, consolidations, or annexations occurring after January 1, 1993 may be approved only by a simple majority of the vote of those members present at a duly called meeting.

(g) have and to exercise any and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation Law of the State of North Carolina by law may now or hereafter have or exercise.

ARTICLE V
MEMBERSHIP

Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association.

ARTICLE VI
VOTING RIGHTS

The Association shall have six types of voting membership:

TYPE “A”: Type “A” Members shall be all Owners, including Oxxford Hunt Associates, a North Carolina partnership (hereinafter referred to as the “Company”), its successors and assigns, of Residential Lots and Family Dwelling Units. A Type “A” Member shall be entitled to two (2) votes for each Family Dwelling Unit which he owns.

TYPE “A-1”: Type “A-1” Members shall be all Owners including, the Company, its successors and assigns, of Multiple-Family dwelling units with the internal amenities which are partially exempt from the assessment as set out in Article V, Section 12 of the Declaration of Covenants and Restrictions. A Type “A-1” Member shall be entitled to one (1) vote for each Family Dwelling Unit.

TYPE “B”: Type “B” Members shall be all those Owners, including the Company, its successors and assigns, of platted Public or Commercial Sites and Multiple-Family Tracts. A Type “B” Member shall be entitled to one (1) vote for each One Hundred ($100.00) Dollars in Annual assessments paid to the Association. In computing the number of votes to which a Type “B” Member shall be entitled, the amount of the Assessment paid shall be rounded to the nearest One Hundred ($100.00) Dollars.

TYPE “C”: Type “C” Members shall be all those Owners, including the Company, its successors and assigns, of Public or cormmercial Units. A Type “C” Member shall be entitled to one (1) vote for each One Hundred ($100.00) Dollars in Annual Assessments paid to the Association. In computing the number of votes to which a Type “C” member shall be entitled, the amount of the Assessment paid shall be rounded to the nearest One Hundred ($100.00) Dollars.

TYPE “D”: Type “D” Members shall include all those Owners, including the Company, its successors and assigns, of Unsubdivided Lands and Development Unit Parcels held and intended for future development by the Company or a third party. A Type “D” member shall be entitled to one (1) vote for each One Hundred ($100.000) Dollars of Annual Assessments paid to the Association. In computing the number of votes to which a Type “D” member shall be entitled, the amount of the Assessment paid shall be rounded to the nearest One Hundred ($100.00) Dollars.

TYPE “E”: The Type “E” Member shall be the Company, its successors and assigns. The Type “E” Member shall be entitled to elect all Class II directors.

Payment of special assessments shall not entitle type “A”, “A-1”, “B”, “C”, and “D” Members to additional votes.

The voting rights of any Owner may be assigned by said Owner to his lessee; provided, however, that the Owner may not assign to such lessee any vote or votes not attributable to the property actually leased by such lessee. The Type “A”, “A-1”, “B”, “C”, and “D” Members are sometimes hereinafter collectively referred to as the “Members”.

ARTICLE VII
BOARD OF DIRECTORS

The affairs of this Association shall be managed by a Board of Directors consisting of three (3), five (5), seven (7) or nine (9) Members. The number and term of such Directors is to be determined in accordance with the provisions of the By-Laws of the Association. The number of directors may be changed by amendment of the By-Laws of the Association. The names and addresses of the persons who are to act in the capacity of directors until the selection of their successors are:

There shall be two (2) classes of Directors: Class I Directors shall be elected by the Type “A”, “A-1”, “B”, “C”, “D” Members, and Class II Directors shall be elected by the Type “E” Members.

ARTICLE VIII
DISSOLUTION

The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of each class of members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes.

ARTICLE IX
DURATION

The corporation shall exist perpetually.

ARTICLE X
AMENDMENTS

Amendment of these Articles shall require the affirmative vote of two-thirds (2/3) of the votes cast at such meeting subject to normal quorum requirements, except that so long as the Company, as the Type “E” Member, is entitled to elect a majority of the Members of the Board of Directors of the Association, no Amendment of this Declaration shall be made without the consent of the Company; and until the end of the period of development no Amendment of this Declaration shall be made without the consent of the Company which would have the affect of creating a disproportionate increase in the Maximum Regular Annual Assessment, the actual assessment levied, or any Special Assessment of any Class of Owners.

Notwithstanding the foregoing, the Company, for so long as it shall retain control of the Board of Directors of the Association, and, thereafter, the Board of Directors, may amend this Declaration as shall be necessary, in its opinion, with the consent and approval of VA or HUD, and without the consent of any Owner, in order to qualify the Association for tax-exempt status, and to correct obvious errors and omissions herein. Such amendment shall become effective upon the date of its recordation in the Wake County Registry.

ARTICLE XI
FHA/VA APPROVAL

As long as the Company controls the Board or retains the right to do any of the following without the consent of the Members, such actions will require the prior written approval of Institutional Lenders as defined in Article VIII, Section 12, of the Declaration of Covenants and Restrictions, and the Federal Housing Administration or the Veterans Administration: annexation of additional properties, mortgaging of Common Area, dedication of Common Area, amendment of these Articles.

ARTICLE XII
INCORPORATOR

IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of North Carolina, the undersigned, constituting the incorporator of this Association, has executed these Articles of Incorporation this 17th day of April, 1986.

Robert W. Wilson, Jr.

Copyright © 2001 Oxxford Hunt Community Association Inc., Cary, NC. All rights reserved.