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Agenda 06-04-2019 6-a - Major Subdivision Preliminary Plat Application – Fairway Hills
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Agenda 06-04-2019 6-a - Major Subdivision Preliminary Plat Application – Fairway Hills
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BOCC
Date
6/4/2019
Meeting Type
Regular Meeting
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Agenda
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6-a
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Agenda - 06-04-2019 Regular Board Meeting
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\Board of County Commissioners\BOCC Agendas\2010's\2019\Agenda - 06-04-19 Regular Meeting
Minutes 06-04-19 Regular Meeting
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\Board of County Commissioners\Minutes - Approved\2010's\2019
RES-2019-033 Resolution of approval for the Fairway Hills preliminary plat
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\Board of County Commissioners\Resolutions\2010-2019\2019
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26 <br /> any and all Buildings on the Lot and shall otherwise be constructed in compliance with all <br /> applicable Guidelines unless otherwise approved, in writing, by the Declarant during the Period <br /> of Declarant Control or,thereafter,by the Architectural Control Committee. <br /> ARTICLE VII <br /> THE ASSOCIATION <br /> Section 7.01 Membershiu. Each Owner shall automatically be a Member of the <br /> Association at all times during the period of such Owner's ownership of a Lot. Membership in <br /> the Association shall be appurtenant to,and may not be separated from,ownership of a Lot. <br /> Section 7.02 Voting and Votinz Rights. The Association shall have the following <br /> two(2)classes of voting membership: <br /> Class A. The Class A Members shall consist of all of the Owners with the <br /> exception of Declarant; provided,however,that Declarant shall become a Class A Member when <br /> its Class B Membership terminates as provided below. Each Class A Member shall be entitled to <br /> one (1) vote for each Lot owned by him or her. Notwithstanding the foregoing, when a Lot is <br /> owned by more than one(1)Person, all such Persons shall be Members and the vote for such Lot <br /> shall be exercised as they determine; provided, however, that in no event shall more than one(1) <br /> vote be cast with respect to any Lot. Unless, prior to a vote by the Members on any matter, the <br /> Association receives written notification from a co-Owner of a Lot that a dispute exists between <br /> the co-Owners of such Lot regarding their vote, the vote of any co-Owner of such Lot shall be <br /> conclusively presumed to be the vote of the Owners of such Lot. <br /> Class B. The Class B Member shall be Declarant. The Class B Member shall be <br /> entitled to five (5)votes for each Lot owned by it. The Class B membership shall terminate and <br /> the Class B Member shall become a Class A Member on (a) the date of Completion of Sales or <br /> (b) the date which is ten (10) calendar years after the date on which this Declaration is recorded <br /> in the office of the Register of Deeds of Orange County, North Carolina, whichever shall first <br /> occur. <br /> Section 7.03 Suspension of Ri hts. During any period in which a Member shall be <br /> in default in the payment of any Assessment, the voting rights of such Member and/or the <br /> right(s), license(s) and/or privilege(s) of such Member and such Member's family members, <br /> tenants, guests and invitees to use the Common Elements (exclusive of any Street) and/or Trails <br /> may be suspended by the Board of Directors until such Assessment is paid in full. In the event <br /> any Member shall violate any provision of this Declaration or any Rules and Regulations, such <br /> Member's voting rights and/or the right(s), license(s) and/or privilege(s) of such Member and <br /> such Member's family members, tenants, guests and invitees to use the Common Elements <br /> (exclusive of any Street) and/or Trails may, after a hearing as provided below, be suspended by <br /> the Board of Directors for a period not to exceed sixty(60) days. Such hearing shall be held by <br /> the Board of Directors or a committee thereof after giving such Member not less than ten (10) <br /> days prior written notice,which notice shall specify each alleged violation and set the time,place <br /> and date of the hearing. Determination of the violation shall be made by a majority vote of the <br /> Board of Directors or a committee thereof. <br /> Section 7.04 Manasement Atreements. The Association is authorized and <br /> empowered to engage the services of any Person to act as managing agent of the Association and <br /> 16 <br />
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