Avon Property Owners Association

ABOUT US

All property owners in Avon, NC are members of the Avon Property Owners' Association. Only dues paying members are eligible to vote on APOA business.

Purpose

To promote cooperation in all matters of interest to the property owners and the community and to aid and protect its members and to do all things as are properly within the scope of such an association for the welfare of its members and the community.

Membership

Please join or renew your membership and help support APOA projects.

Click here to print out a Membership/Dues form. Mailing address included on the form.

Officers

APOA's current officers are:

  • Terry Ponton, President
  • Pat Weston, Vice President
  • Rick Anzolut, Treasurer
  • Jane Grimm, Secretary
  • Martha Brown, Director
  • George Hockenbury, Director

Interested in serving? The board is always looking for volunteers who would like to support the Avon community. Please contact us today at info@avonpoa.org.

By-Laws

AVON PROPERTY OWNERS' ASSOCIATION, INC.
A Non-Profit Corporation 501(c)(4) organization

ARTICLE I – Definitions

The following terms as used in these By-Laws are defined as follows:

  • Avon Property Owners' Association, Inc., hereinafter referred to as the "Association", means and refers to the Association of owners of properties located at the village of Avon, Kinnakeet Township, Dare County, North Carolina. The boundaries of the village of Avon are defined as Pamlico Sound on the west, the Atlantic Ocean on the east, and National Park Service land north and south.
  • "Board" or "Executive Board" means the Board of Directors of the Association with membership as specified in Article VI, Section 1 of these By-laws.
  • "By-Laws" means the By-Laws of the Association.
  • "Member in good standing" means a member who has paid the current year's annual dues.
  • "Lot or Parcel" means any parcel of land that is specifically described in the legal land records of Dare County, NC, so as to distinguish it from any other portion of property the village of Avon, Kinnakeet Township, Dare County, North Carolina.
  • "Owner" or "Ownership" means any person or entity who has a legally-recorded equitable interest or an undivided equitable interest in any lot or parcel whether as land contracts, vendee or fee holder, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be considered an owner for the purposes of these By-Laws.
  • "Regulations" means the rules and regulations adopted and published by the Board, as from time to time amended, and then in effect.
  • "Quorum" is defined as (10%) of the general membership who are eligible voting members and present at any meeting in person. For purposes of Board meetings, a quorum is defined as five members of the Board, two of whom must be officers.
  • "Voting Majority" is defined as 51% of the votes cast by voting eligible members in person at a given meeting. For all issues deemed by the Board to be of major importance to the general membership (see Article V, Section 6) and for amendments to the By-laws, a voting majority shall be defined as 51% of the votes cast in person provided that a minimum of 25% of the membership eligible to vote does so in person.

ARTICLE II – Purpose

Section 1. To promote cooperation in all matters of interest to the property owners and the community, to aid and protect the interests of its members, and to do all things as are properly within the scope of such an Association for the welfare of its members and the community.

Section 2. To implement the purposes for which the Corporation is organized as set forth in the Articles of Incorporation of the Association.

ARTICLE III – Membership

Section 1. Designated Membership. Any owner shall, by reason of ownership of property in the Village of Avon, be eligible for membership in the Association and shall become a member upon paying the membership dues prior to the Spring meeting (of the general membership.) The membership year shall commence on January 1 and end on December 31. If more than one person is an owner of a lot or parcel, then all such persons will be considered members upon the paying of a single membership dues.

Section 2. Membership Records. The Treasurer shall maintain adequate records at the registered office of the Association showing the names of the members, the date of membership and status of dues paid.

ARTICLE IV – Voting Eligibility

Section 1. Eligibility. There shall be one vote for each membership regardless of the number of persons who may have ownership interests in said lot(s) or parcel(s) or who are included as members under the definition of membership above by virtue of their co-ownership in a property.

Section 2. Voting Restrictions. Investment syndicates, real estate brokers, property owners' associations and individuals holding more than one parcel of property will be limited to one vote regardless of the number of parcels owned. The voting member, in such case, shall be that member designated by the owners themselves and specified in writing to the Secretary of the Association.

Section 3. Dues Requirement. No member shall be eligible to vote if such member is delinquent in paying the annual membership dues.

ARTICLE V – Conduct of Meetings

Section 1. Place of Meetings. All meetings of the membership shall be held in Avon, North Carolina at a location to be designated by the President.

Section 2. Number of Meetings. A minimum of two meetings shall be held each calendar year. The first meeting shall be held in the Spring of the year and the second in the Fall of the year.

Section 3. Special Meetings. Special meetings may be called by the President and must be called by the President upon the written request of the majority of the members of the Executive Board or a petition bearing signatures of ten percent of the voting membership of the Association.

Section 4. Notice of Meetings of the Association. Written notice of the place, date and hour of meetings of the general membership shall be delivered not less than thirty (30) days nor more than forty-five (45) days before the date of the meeting, either in person or by mail, to each member entitled to vote at the meeting. If mailed, notice shall be deemed to be delivered when deposited in the United States mail, addressed to the person at his address as it appears on the records of the Association, with postage prepaid. Notice of all meetings shall be posted on the Association's web page.

Section 5. Notice of Pending Actions. For spring and fall general membership meetings, the written notice shall include the agenda specifying the main business of the meeting with particular notice of any business that the Board has scheduled to come before the membership for vote. For special meetings the written notification shall include the purpose or purposes for which the meeting is called and no business except that stated in the notice of said meeting shall be conducted. The agenda for all meetings shall be posted on the Association's web page at the same time the notice of meetings is posted.

Section 6. Special Information Requirements. For issues the Board deems to be of major importance or relevance to the general membership the material sent to the membership shall include sufficient information related to the issue to adequately inform the membership of the issue and shall outline the position of the Board related to the matter. This information shall also be posted on the Association's web page. A voting majority as defined in Article I, Section (i), shall be required to pass any issue identified by the Board to be of major importance or relevance to the general membership.

Section 7. Quorum. A quorum, as defined under Article 1, Section (h), is required to conduct official business of the Association.

Section 8. Voting. In all meetings of members, each eligible member may vote in person. In the event that any lot is owned by more than one person, the owners of such lot shall execute and deliver to the Secretary of the Association a certificate duly executed by all of such owners designating the person who shall be authorized to cast the vote allocated to the owners of said lot or to signify approval or disapproval of any matter on behalf of the lot owners. Said certificate shall be valid until revoked by a subsequent certificate. Unless and until said certificate is filed with the Secretary of the Association, the vote of such owners shall not be considered for determining a quorum or for any other purpose. The requirements of this Section shall not apply if there are no more than two owners and said owners are husband and wife. For routine business, a quorum as defined in Article I, Section (h), is required for all votes. For issues identified to be of major importance, a voting majority as defined in Article I, Section (i), is required.

Amended November 29, 2014: Voting for proposed changes to Bylaws may be by eligible members in attendance at all member meetings as stated in Article V, Conduct of Meetings Section 8. Voting; or by mail-in ballot. Mail-in ballots may be included in Association newsletters or by special mailings.

Section 9. Order of Meetings. The meetings of the Association shall be conducted in the following order:

  • Call to order
  • Reading and approval of the minutes of the previous meeting
  • Officers' reports and approval
  • Committee reports
  • Unfinished (old) business
  • New business
  • Announcements
  • Adjournment

Section 10. Rules of Order. The meetings shall be conducted in accordance with Roberts' Rules of Order. These rules shall prevail in all parliamentary matters arising in the members' meetings and the Executive Board's meetings.

ARTICLE VI – Officers and Executive Board

Section 1. Executive Board Membership. The membership of the Executive Board shall include the President, Vice President, Secretary, Treasurer, immediate past President (ex officio for one year), and three (3) members elected-at-large by the membership. Any member of the Association in good standing may hold office.

Section 2. Duties of the Executive Board. The Executive Board will:

  • Manage the affairs of the Association and shall exercise its authority during its regularly scheduled and special meetings. A majority vote of those present in person is required for approval of any motions of the Board providing a quorum of the Executive Board is present. A quorum of the Board shall consist of five (5) members, two (2) of whom shall be officers.
  • Designate a banking institution or institutions as depository for the Association's funds, and the officer or officers and agents authorized to make withdrawals there from and to execute obligations on behalf of the Association.
  • Formulate an operating budget to be presented for the approval of the members at the Fall meeting of the Association. Upon adoption and approval of the budget, the Board shall be bound by the same and shall not authorize expenditures which may exceed the total amount budgeted except as hereinafter provided. Any necessary major expenditure not provided for in the budget must be authorized by a majority vote of the Executive Board. The Board shall receive a full accounting from the Treasurer of all expenditures occurring in year prior to each fall meeting of the general membership.
  • Hold meetings as necessary, two (2) of which shall be held prior to the Spring and Fall meetings of the Association. At least two (2) weeks notice of the time and place of all regular meetings shall be sent to members of the Board. Special meetings may be called at any time by the President or by a petition signed by at least one-fourth (1/4) of the members of the Executive Board.
  • Appoint committees of the Executive Board. The Board may by a majority vote designate and appoint one or more committees, each of which shall consist of one or more members of the Board with additional committee members drawn from the general membership as needed. Such committees shall have and exercise the authority of the Board in matters of the Association to the extent provided in the adopted resolution that established said committee. Committees of the Executive Board may be ad hoc or standing.
  • Indemnify and Bond the Treasurer and such other officers of the Association, as they deem appropriate. Costs of such indemnity bond premiums shall be paid by the Association.

Section 3. Duties of the Officers.

  • The President shall be the Executive Officer of the Association and shall preside over meetings of the Association and the Executive Board. He or she shall be an ex-officio member of all committees except the Nominating Committee. The President shall conduct the affairs of the Association in accordance with these By-Laws and those policies promulgated by the Executive Board. He/she shall be responsible for the preparation of a full and true annual report covering the activities of the Association during the prior year. The annual report shall be submitted to the membership at the spring meeting. Said report will be made available for inspection by the full membership on the Association's web site. The President shall appoint a Parliamentarian to assist in conducting meetings.
  • Vice President. In the absence of the President, or in the event of his/her incapacity or resignation, the Vice President is empowered to act and shall thereupon be vested with the powers and duties of the President.
  • Secretary. The Secretary of the Association shall keep the Minutes of the business and other matters transacted at all meeting's of the Association and of the Board. She/He shall mail, or cause to be mailed, all notices required under the By-Laws. The Secretary shall have custody of the records and shall maintain a list of the members and their addresses. He/she shall perform all other duties incident to the office of Secretary. The Secretary may appoint recording and corresponding assistants.
  • Treasurer. The Treasurer shall have custody of the funds of the Association, collect moneys due, pay the obligations of the Association out of its funds, and perform other such duties as are incident to the office of Treasurer. All checks shall be signed by the Treasurer and countersigned by the President or Vice President in the absence of the President.

Prior to the Spring meeting, an internal audit of the financial records of the Association shall be performed by an Audit Committee consisting of two (2) members of the Executive Board, as nominated by the President and approved by majority vote of the Board. Members of the audit committee shall not be officers with signatory power or others who would likely have a conflict of interest. The time and place of the audit shall be established by the Audit Committee who shall then inform the Treasurer. The Treasurer shall present a report of the internal audit of the Association's accounts at the Spring meeting.

Section 4. Terms of Office. Up to seven (7) Board members shall be elected to serve for terms of one (1) year. The elected members will elect Officers from within. The immediate past President shall be an ex officio member of the Board and shall serve for a term of one (1) year.

Section 5. Election of Officers and Executive Board Members. At the Spring meeting, the president shall appoint a nominating committee to prepare a slate of nominees for the offices to be filled for the following year. This slate shall be presented to the membership prior to the Fall meeting as an attachment to the Agenda for the meeting. The slate shall also be published on the Association's web site. Additional candidates may be nominated from the floor at the Fall meeting provided the names of the candidates are submitted to the Secretary in writing in advance, the nomination is endorsed by at least three members in good standing, and notification of the intent to nominate additional candidate(s) is included in the notice of the meeting. All nominees must be members in good standing and must agree to accept the office if elected. All members in good standing may then vote in person. A majority of the ballots cast determines the election of the candidates.

Section 6. Removal of Executive Board Members. An officer or member of the Executive Board may be removed during a duly elected term of office for just cause. Formal charges stated in writing and bearing the signatures of ten (10) members in good standing must be submitted to the Board. Upon receiving said charges, the Board will appoint an Impeachment Committee composed of three (3) members of the Association who will hold hearings on the charges. No signer of the charges or officer or member of the Board shall be a member of the Impeachment Committee. The Chair of this Committee shall be elected by the members of the Committee, and shall have full voting powers in the Committee. A finding of "just cause for impeachment" must be sustained by a two-thirds (2/3) vote of the Committee, and ratified by a two-thirds (2/3) vote of the voting membership present at a general meeting of the Association.

Section 7. Vacancies. If any vacancy arises among the Officers or Board members, such vacancy shall be filled by a vote of the remaining members of the Board. Any person so named shall serve until the next annual election. If the number of vacancies reduces the number of members of the Board to the extent that a quorum is not possible, the remaining Board members shall make provision for a special election following the provisions of Article VI, Section 5.

Section 8. Action Without Meeting. Unless prohibited by laws governing not-for-profit corporations, any action which may be taken by the Board at an open meeting may be taken without a meeting if authorized in writing signed by all members of the Board entitled to vote upon said action at a meeting. Such authorization shall be filed with the Secretary of the Association.

Section 9. Compensation. No compensation shall be paid to the officers or members of the Board for their services in conjunction with their duties related to the Association. They may, however, be compensated for reasonable expenses incurred while so acting.

Section 10. Resignations. Any member of the Board may resign at any time by giving written notice to the President or the Secretary of the Association. Such resignation shall take effect at the time specified therein, or if no time is specified, when said resignation is received by the President or Secretary of the Association.

ARTICLE VII – Distribution of Assets After Termination

Section 1. Exclusive Purpose. No member of this Association shall have, as an individual, any interest in, or title to the assets of the Avon Property Owners' Association Inc., and such assets shall be devoted exclusively to the purposes of the Association.

Section 2. Distribution Plan. In the event of dissolution or other termination of this Association, all of its assets shall be distributed in accordance with Article IX of its Corporate Charter pursuant to a plan of distribution which shall be is adopted by the members of the Association and which shall be in accord with the appropriate revenue provisions of the Internal Revenue Service and the Department of Revenue of the State of North Carolina, such plan being selected and approved by the Board.

ARTICLE VIII – Indemnification of Directors, Officers and Employees

Any person who is involved without his consent in any legal action due to the fact that he is or was a Board member, officer, or employee of the Association shall be indemnified by the Association against all expenses reasonably incurred by him in connection with or resulting from such legal action. Such expenses shall also include amounts paid by him with the consent of the Association acting through its Executive Board in reasonable settlement of such actions except for those matters as to which it shall be determined that such person was derelict in the performance of his duties to the Association. This right of indemnification shall apply to matters arising both before and after the time of adoption of this By-Law and shall not exclude any other legal right of indemnification to which such person may be entitled.

ARTICLE IX – Amendments

These By-Laws may be amended in any regular or special meeting of the members of the Association, provided that the call for the meeting contains in full the proposed amendment and is distributed in accordance with Article V, Sections 4, 5 and 6 of these By-Laws. The amendment may be revised during the meeting providing that the revisions to the amendment are germane and do not substantively change the originally proposed amendment. An affirmative vote of a majority of the members voting in person shall be required to carry the amendment with or without revisions, provided that a quorum is present and at least twenty-five percent (25%) of the membership eligible to vote votes in person.

ARTICLE X – Miscellaneous

Section 1. Severability. In the event that any provision, or provisions, of these By-Laws shall be determined to be invalid, void, or unenforceable, such determination shall not render invalid, void, or unenforceable any other provisions hereof, which can be given effect.

Section 2. Waiver. No restriction, condition, obligation or provision of these By-laws shall be deemed to have been abrogated or waived by reason of any failure or failures to enforce the same.

Section 3. Waiver of Notice. Whenever any notice is required to be given to any Association member, by law, by the Charter or by these By-Laws, a waiver thereof in writing signed by the person or persons entitled to such notice whether before or after the time stated therein, shall be equivalent to the giving of such notice.

Section 4. Captions. The captions contained in these By-Laws are for convenience only and are not a part of these By-Laws and are not intended in any way to limit or enlarge the terms and provisions of these By-Laws.


Revised November 2014