Pine Mountain POA, Inc. is a planned community that must follow established rules set forth in the community’s Articles of Incorporation, Covenants & Restrictions, By-Laws, along with North Carolina Governing Statutes (NC GS) and meetings follow the structure presented in Robert’s Rules of Order. All these documents are provided for you within this website.
Board of Directors Standards of Conduct: NC GS Part 3; 55A-8-30-33
Board of Directors Guidelines, Agreement and Ethics – Explains Board of Directors Standards, Code of Ethics, Duties, Fiduciary duties, and Powers. Explanation of job titles and descriptions, how to conduct meetings, governing documents & Board Training
Officers of the Board Duties, Standards, Resignation & removal and contract rights: NC GS 55A-8-40-44
Annual Members Meeting:
- Meeting notices (annual or regular) shall include the date, time, location along with the meeting agenda to be sent out not less than 10-days and not more than 60-days in advance. (By-Laws, Article XIII, Section 3; 47F-3-108; 55A-7-05)
- The Board shall provide:
- A complete record of all actions and corporate affairs from the previous year. (By-Laws, Article IX, Section 2a; 55A-16-01)
- The Treasurer and Audit Committee will prepare the Annual Budget and Annual Balance Sheet to present to the members (By-Laws, Article XI, Section 7 and Article XII, Section 8)
- Financial Statements (NC GS 55A-16-20 and NC GS 47F-3-118; 55A-16-20)
- Budget Ratification date will be established within 30-days after a budget adoption allowing members to question any annotation and ask for clarification within the budget. (NC GS 47F-3-103b)
Corporate Records: Pine Mountain is a corporation that is subject to Public Records Act (NC GS Chapter 132) and Open Meeting Law (NC GS 143, Article 33c). (NC GS 55A-3-07)
Records and Reports: (NC GS 55A-16-01-04, 20)
- A corporation shall keep as a permanent record:
- Minutes of all meetings of its members and board of directions,
- A record of all actions taken by the members or directors without a meeting
- A record of all actions taken by committees
- Maintain appropriate accounting records
- A record of all its members that will allow a list of names and addresses of all members in alpha order showing the number of votes each member is entitled to cast.
- Maintain the records in a form that can be converted into a written form within a reasonable time period.
- The principal office shall keep:
- Articles of Incorporation, By-Laws
- Classification of directors, characteristics, qualifications, rights, limitations, and obligations of members
- Minutes of all membership meetings and records of all actions taken by members without a meeting
- All written communications to members within the past 3-years
- Financial statements
- A list of names, business or home addresses of current directors and officers
- Inspection of Records by Members:
- A member is entitled to inspect and copy, at a reasonable time and location, any records of the corporation, if a member provides written notice of his demand at least 5-business days before the date they wish to inspect and copy.
- Inspection of any of the following records:
- Accounting records
- Membership list (if in good faith and proper purpose)
- Court-ordered Inspection: If a member is not allowed to inspect and copy records, as state above, they may contact the Superior Court in the County (Burke). The court shall dispose of an application on an expedited basis. If the court orders an inspection and copying of the records, the court shall also order the corporation to pay the member’s cost incurred to obtain the order. (NC GS 55A-16-04)
Board of Directors: The executive board (president, vice-president, secretary, and treasurer) may not act on behalf of the association to amend the declaration (NC GS 47F-2-117), terminate the community (NC GS 47F-2-118), or elect members of the executive board or determine the qualifications, powers, and duties, or terms of office of executive board members (NC GS 47F-3-103(e)), but they may fill vacancies in its membership for unexpired portions of any term.
Delegated and Assigned functions and powers:
- Maintaining the water and sewer systems and constructing additions when/where needed.
- Maintaining, administering, and expanding other common properties and facilities.
- Administering and enforcing the covenants and restrictions
- Collecting, managing, and disbursing the association fees, dues assessments, and charges.
- Acting as a rental or leasing agent if authorized by a majority vote.