By-Laws of the Botany Woods Homeowners Assoc.
1. The name of the Corporation shall be the Botany Woods Homeowners Assoc.
2. The purpose of the Association shall be to create and maintain a strong sense of community, monitor decisions that affect the residents of Botany Woods, and provide a means through which a unified front on pertinent issues (other than the covenants) can be addressed.
3. The Association shall be a non-profit Corporation.
4. Any homeowner of Botany Woods may become a member of the Association. Botany Woods includes all properties serviced and accessed by Botany Drive and bounded by the Swannanoa River, including properties at the gateway to Botany Woods.
5. The owner(s) of each home in Botany Woods who is a member shall be entitled to one vote for each home owned on each matter submitted to a vote at any meeting of the homeowners.
6. Members present (or represented by proxy) at any meeting shall constitute a quorum.
7. Eligible voters and proxies shall be registered prior to such meetings. Voting on all matters, except the election of Directors to the Board, shall be by a show of hands and decided by a simple majority.
8. The Board of Directors shall be elected by ballot and decided by a simple majority of the members present (or their proxies).
9. The Board of Directors shall consist of nine members, including the officers.
10. The officers shall be elected by and from the Board of Directors. They shall be:
A. Chairperson
B. Vice Chairperson
C. Secretary
D. Treasurer
11. The term of office for officers shall be one year or until their successors are duly elected.
12. The term of office for the Board of Directors shall be three years or until their successors are duly elected. The term of office for the initial Board of Directors shall be: three members, one year; three members, two years; three members, three years. The members serving less than a full term shall be decided by the Board of Directors.
13. Any Board member missing three consecutive meetings without reasonable cause shall be replaced. Reasonable cause shall be determined by Board members, excluding the member who has missed three consecutive meetings.
14. Any vacancy occurring on the Board of Directors, for reasons other than expiration of a term of office, may be filled from a list of active members of the Botany Woods Homeowners Association by the remaining Board members.
15. A quorum of the Board of Directors shall be two-thirds of the duly elected Board members.
16. Full authority to govern the Association is vested in the Board of Directors. By a simple majority of a quorum of the Board, it may:
A. Establish offices, committees, and programs and define
their functions.
B. Propose rules for the Association.
C. Take positions regarding issues affecting homeowners.
D. Employ such staff, consultants, or advisors as may be
deemed necessary.
E. Manage the affairs of the Association, including, but not
limited to, collection of money, disbursements, invest-
ments, and all other matters not herein mentioned.
F. Request contributions and establish dues.
17. The Annual Meeting shall be held in April of each calendar year for the purpose of electing Directors of the Association, receiving reports on the affairs of the Association, and for the transaction of such other business as may be properly brought before the meeting. A simple majority of the currently active Directors may call special meetings of the Association or Board of Directors upon ten days’ prior written or telephone notice. In case of emergency, the ten-day notice requirement may be waived.
18. Any decision made by the Board of Directors may be revoked or amended by a two-thirds majority vote of members present (or their proxies) at any meeting of the Association.
19. The By-Laws of the Association may be amended by two-thirds majority vote of the members present (or their proxies) at any meeting of the Association.
20. No moneys shall go to the Directors or private individuals except for reimbursement of necessary expenditures.
21. In the event that the Association is disbanded, any remaining moneys shall be donated to another non-profit organization named by the Board of Directors.
22. Meetings shall be conducted in accordance with Roberts Rules of Order.
Names and county of the Incorporators are as follows:
William Brower Buncombe County
Lynn Fidler Buncombe County
John Grivich Buncombe County
Patrick Holland Buncombe County
Robert Keener Buncombe County
Jo Ann Lazaro Buncombe County
Louis Millin Buncombe County
John Moore Buncombe County
Robert Gray, Agent Buncombe County
17 Botany Court
Asheville, NC 28805
September 2, 1996
The MISSION of the Botany Woods Homeowners Association is to develop a sense of community by knowing our neighbors and looking out for each other in this unique neighborhood.
