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DOCUMENTS &
FORMS
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.
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ARTICLE VI
FUNCTIONS OF ASSOCIATION
Section 1. Ownership and Maintenance of Properties. The Association shall be authorized to own and/or maintain Common Properties, Restricted Common Properties, Intended Common Properties, and Intended Restricted Common Properties, equipment, furnishings, and improvements devoted to the following uses:
(a) For roads, roadways, roadway medians and parkways along said roads or roadways, cul-de-sac islands, and neighborhood or other area entrances throughout the Properties;
(b) For sidewalks, walking paths or trails, bicycle paths, and bridle paths through the Properties;
(c) For transportation facilities throughout the Properties other than privately owned automobiles, e.g., buses, electric vehicles, etc.;
(d) For security and fire protection services including security stations, guardhouses, police equipment, fire stations and fire fighting equipment, and buildings used in maintenance functions;
(e) For emergency health care including ambulances, rescue squad facilities, emergency care medical facilities, and the equipment necessary to operate such facilities;
(f) For providing any of the services which the Association is authorized to offer under Section 2 of this Article VI;
(g) For purposes set cut in deeds by which Common Properties and Restricted Common Properties are conveyed to the Association, provided that such purposes shall be approved by the Members of the Association as set out in Section 4 of this Article VI;
(h) For indoor and outdoor recreational and community facilities, including, but not limited to, tennis courts, platform tennis courts, handball courts, squash courts, basketball courts, swimming pools, and any showers, locker rooms, or other club facilities associated with such uses, putting greens, playgrounds, ball fields, spectator viewing pavilions, gazebos, picnic shelters, picnic tables, parks, walking trails, bike trails, boardwalks, decks, wildlife conservancies and feeding stations, nature interpretive areas, amphitheaters, community meeting facilities, and all rest room facilities, parking lots, service buildings, and concession-type food services associated with all such uses; and
(i) For water and sewage facilities and any other utilities, if not adequately provided by a private utility, Wake County or the Town of Cary.
Section 2. Services. The Association shall be authorized (unless such is provided by the County of Wake or the Town of Cary) , but not required, except as specified in Section 3 of this Article VI, to provide the following services:
(a) Cleaning and maintenance of all roads, roadways, roadway medians, parkways, cul-de-sac islands, neighborhood and other area entrances, lakes, parks, sidewalks, walking trails, bike trails, Common Properties, Restricted Common Properties, Intended Common Properties, and Intended Restricted Common Properties, and also all public properties which are located within or in a reasonable proximity to the Properties such that their deterioration would affect the appearance of the Properties as a whole;
(b) Landscaping and beautification of roads, roadways, roadway medians, parkways, cul-de-sac islands, neighborhood and other area entrances, lakes, parks, sidewalks, walking paths, bike trails, Common Properties, Restricted Common Properties, Intended Common Properties, and Intended Restricted Common Properties;
(c) Transportation facilities other than privately owned automobiles, e.g., buses, electric vehicles, ferry boats, etc.;
(d) Lighting of roads, sidewalks, walking paths, bike trails, parking lots, and any recreational and community facilities located within the Properties;
(e) Police protection and security, including, but not limited to the employment of police and security guards, maintenance of electronic and other security devices and control centers for the protection of persons and property within the Existing Property, and assistance in the apprehension and prosecution of persons who violate the laws of the State of North Carolina or the County of Wake and Town of Cary, North Carolina within the Properties;
(f) Fire protection and prevention;
(g) Garbage and trash collection and disposal;
(h) Insect and pest control to the extent that it is necessary or desirable in the judgment of the Board of Directors of the Association to supplement the service provided by the state and local governments;
(i) The services necessary or desirable in the judgment of the Board of Directors of the Association to carry out the Association’s obligations and business under the terms of this document;
(j) To take any and all actions necessary to enforce all Covenants and Restrictions affecting the Properties and to perform any of the functions or services delegated to the Association in any Covenants or Restrictions applicable to the Properties;
(k) To set up and operate an Architectural Review Board for all Common Properties or Intended Common Properties, and, in the event that the Association is designated by the Company as the agent or the assign of the Company for such purposes, to extend the operation of the Architectural Review Board to all properties within Oxxford Hunt;
(1) To provide day care and child care services;
(m) To conduct instructional, recreational, sports, crafts, social and cultural programs of interest to Member’s, their families and guests;
(n) To provide legal and scientific resources for the improvement of air and water quality within the Properties;
(o) To provide safety equipment for storm emergencies;
(p) To support the operation of transportation services between key points of the Properties and the airports, other public transportation terminals and public centers serving the area surrounding the Properties;
(q) To construct improvements on Common Properties, Restricted Common Properties, Intended Common Properties, or Intended Restricted Common Properties for use for any of the purposes authorized in this Article, or as may be required to provide any of the services authorized in this Article;
(r) To provide administrative services, including, but not limited to legal, accounting, and financial; and communication services, including, but not limited to, community newsletters and newspapers to inform Members of activities, notices of meetings, referendums, and other issues and events of community interest;
(s) To provide liability and hazard insurance covering improvements and activities on the Common Properties and Restricted Common Properties;
(t) To provide water, sewage, and any necessary utility services not provided by a public body, private utility or the Company;
(u) To provide, conduct, or maintain water pollution and shoreline erosion abatement measures including, without limitation, maintenance and repair of shore revetments and groins;
(v) To construct mailboxes, signs, and other standard features for use throughout the Properties;
(w) To provide any or all of the above listed services to another association of Owners of real property under a contract, the terms of which must be approved by the Board of Directors.
Section 3. Minimum List of Functions and Services. The “Minimum List of Functions and Services” shall establish and define the minimum level of functions and services which the Association must furnish or cause to he furnished to its Members. So long as the Company is engaged in the development of Properties which are subject to the terms of this Declaration, the Association shall not reduce the level of functions and services it furnishes to its Members below such minimum level without the prior written consent of the Company. The “Minimum List of Functions and Services” is as follows:
(a) The Association shall provide or procure the administrative services necessary to carry out the Association’s obligations and business under the terms of this Declaration, the Articles of Incorporation of the Association, and the ByLaws of the Association, including, but not limited to, legal, accounting, financial, and communications services.
(b) The Association shall administer and enforce the covenants and restrictions established in this Declaration, including, but not limited to, the following:
(1) The Association shall set Assessments, levy cash Assessments, notify the Members of such Assessments, and collect such Assessments.
(2) The Association shall prepare accurate indexes of Members, Property Classifications, Votes, Assessments, the Cumulative Maximum Number of Residential Lots and Family Dwelling Units Authorized in the Properties, and the Maximum Regular Annual Assessment;
(3) The Association shall operate an Architectural Review Board;
(4) The Association shall maintain and operate all Common Properties;
(5) The Association shall hold Annual Meetings, Special Meetings, and Referendums as required, hold elections for the Board of Directors as required, and give Members “proper notice” as required;
(6) The Association shall prepare Annual Statements and Annual Budgets, and shall make the financial books of the Association available for inspection by Members at all reasonable times.
(c) The Association shall provide appropriate liability and hazard insurance coverage for improvements and activities on all Common Properties.
(d) The Association shall provide appropriate director’s and officers’ legal liability insurance, and indemnify persons pursuant to the provisions of the By-Laws of the Association.
(e) The Association shall keep a complete record of all its acts and corporate affairs.
(f) The Association shall provide regular and thorough cleanup of all roads, roadways, roadway medians, parkways, cul-de-sac islands, neighborhood and other entrances, and bike trails throughout the Properties, including, but not limited to, mowing grass on all roadsides, cul-de-sac islands, entrances, and bike trails; sweeping all roads and bike trails; landscape maintenance on all roadsides, cul-de-sac islands, entrances and bike trails; pickup and disposal of trash on all roads, roadsides, cul-de-sac islands, entrances, and bike trails. Such cleanup as is possible shall begin within an individual residential neighborhood as soon as construction of dwellings has commenced within said neighborhood.
(g) The Association shall provide general maintenance of all directional signs, bike trail signs, and neighborhood and other area signs, including, but not limited to, painting, repair work and replacement as needed.
(h) The Association shall repave all paved bike trails as needed.
(i) The Association shall operate and maintain all streetlights along all public roads and within all Common Properties.
(j) The Association shall provide regular and thorough maintenance and cleanup of all Common Properties and Intended Common Properties, including, but not limited to, mowing of grass, fertilization as needed, landscape maintenance as needed, pickup and disposal of trash, washing down of picnic tables and benches as needed, and painting, repairs to and replacement of all improvements as needed.
(k) Insurance coverage on the Property shall be governed by the following provisions:
(1) Ownership of Policies. All insurance policies upon the Common Property shall be purchased by the Association for the benefit of all the Asscciation and the Owners and their mortgagees as their security interest may appear, and provisions shall be made for the issuance of certificates of mortgagee endorsements to the mortgagees of Owners.
(2) Coverage. All buildings and improvements upon the land and all personal property included in the Common Areas and facilities shall be insured in an amount equal to one hundred percent (100%) insurable replacement value as determined annually by the Association with the assistance of the insurance company providing coverage. Such coverage shall provide protection against:
(i) Loss or damage by fire and other hazards covered by standard extended coverage endorsement, and
(ii) Such other risks as from time to time shall be customarily covered with respect to buildings on the land.
(iii.) Such policies shall contain clauses providing for waiver of subrogation.
(3) Liability. Public liability insurance shall be secured by the Association with limits of liability of no less than One Million Dollars ($1,000,000.00) per occurrence and shall include an endorsement to cover liability of the Owners as a group to a single Owner. There shall also be obtained such other insurance coverage as the Association shall determine from time to tine to be desirable and necessary.
(4) Premiums. Premiums for insurance policies purchased by the Association shall be paid by Association and charged to the Owners as an assessment according to the provisions of Article V above; provided that premiums on account of hazard insurance coverage for individual lots shall be apportioned to the individual Owners according to the amounts of the coverage required.
(5) Proceeds. All insurance policies purchased by the Association shall be for the benefit of the Association and the Owners and their mortgagees as their interest may appear, and shall provide that all proceeds thereof shall be payable to the Association as insurance trustee under this Declaration. The sole duty of the Association as insurance trustee shall be to receive such proceeds as are paid and to hold the same in trust for the purposes stated herein or stated in the By-Laws and for the benefit of the Owners and their mortgagees.
(6) Proceeds of insurance policies received by the Association as insurance trustee shall be placed in the Association’s treasury for the following:
(i) Expense of the Trust. All expenses of the insurance trustee shalt be first paid or provisions made therefor.
(ii) Reconstruction or Repair. The remaining proceeds shall be paid to defray the cost of repairs. Any proceeds remaining after defraying such cost shall be retained by the Association.
(7) All persons responsible for or authorized to expend funds or otherwise deal in the assets of the Association or those held in trust, shall first be bonded by a fidelity insurer to indemnity the Association for any loss or default in the performance of their duties in an amount equal to six (6) months’ assessments plus reserves accumulated.
Section 4. Obligation of the Association. The Association shall not be obligated to carry out or offer any of the functions and services specified by the provisions of this Article except as specified in Section 3 of this Article VI. The functions and services to be carried out or offered by the Association at any particular time shall be determined by the Board of Directors of the Association taking into consideration the funds available to the Association and the needs of the Members of the Association. The functions and services which the Association is authorized to carry out or to provide, may be added or reduced at any time upon the affirmative vote of fifty-one (51%) percent of the votes cast by the Type “A”, Type “A-1”, Type “B”, and Type “C” Members at a duly called meeting of the Association; provided, however, that for the deletion of service to Type “D” Members, such Members shalt also be entitled to vote.
Section 5. Mortgage and Pledge. The Board of Directors of the Association shalt have the power and authority to mortgage the property of the Association and to pledge the revenues of the Association as security for loans made to the Association which loans shall be used by the Association in performing its authorized functions and services; provided that any such mortgage is with the prior consent of two-thirds of the Members of the Association, which consent may be evidenced by petition or by an affirmative vote of two-thirds of the Association. The Company may, but shall not be required, to make loans to the Association, subject to approval by the Company of the use to which such loan proceeds will be put and the terms pursuant to which such loan will be repaid. Notwithstanding anything in this Declaration to the contrary, the Association shall not be allowed to reduce the level of the Annual Assessment below the limit of the Maximum Regular Annual Assessment at any time there are outstanding any amounts due the Company as repayment of any loans made by the Company to the Association without the express written consent of the Company.
Section 6. Maintenance of Property not Owned by the Association. The Association shall be authorized to render services of a governmental nature not furnished by the local government in the case of maintenance of property not owned by it.
(continue to Article VII)
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