Carolina Shores Homeowners Association by leader6


									Carolina Shores Homeowners Association
Post Office Box 460, Owings, MD 20736

                                            October 2, 2007

TO:           Carolina Shores Homeowners Association Members

FROM:         Carolina Shores Homeowners Association

RE:           Amendment of Covenants

Enclosed for each of you is a copy of the 2007 Minutes. As you will note, the owners present in
person and by proxy at the meeting voted to amend the covenants, Section 15, to allow for the
installation of plastic culvert pipes of the type approved by the State at the end of the lot
driveways. The covenants provide that sixty seven (67%) of the lot owners must approve any
amendment, and we would appreciate your approval of this amendment. Section 15 would be
amended to read as follows:

               “Section 15. ‘Road ways, Right of Ways and Driveway’: The road ways and
       right of ways constructed throughout the Properties are for the common uses of
       Declarant, Lot Owners, and Lot Owners of the future development of the Properties and
       their respective heirs, successors and assigns. There will be no on-street parking allows
       within the Properties. All driveways constructed on any Lots shall be paved with either
       asphalt or concrete for a distance of at least 20 feet from the adjoining paved roadway.
       Only concrete culvert pipes or plastic culvert pipes of the type approved by the State of
       North Carolina are to be used and the ends of the culvert pipes used for driveways must
       be capped to prevent erosion. Any damage by driveway connections to the private road
       shown upon said plats, or to the ditches or shoulders or the road, or to the flow of
       drainage water along said road, shall be repaired at the expense of the Owners connection
       such driveways, within thirty (30) days of notification.” (Underscoring provided for
       emphasis only to show the proposed wording change.)

If you are in agreement with the proposed change, please sign below and return this
memorandum to: Susan K. Reid, Carolina Shores Homeowners Association, Post Office Box
460, Owings, MD 20736.

Thank you in advance for your cooperation in this matter.

Lot number(s):_________                     __________________________________________
                                            Signature of Lot Owner

                                      MINUTES OF THE


                                      September 15, 2007

              The annual meeting of the Carolina Shores Homeowners Association was held on
September 15, 2007 at the Country Kitchen restaurant, 436 Carteret Street, Bath, NC. Present
were Mr. John Picariello (Lot 12), Daniel McTyre (Lot 16), Paul Weiland (Lots 21 and 28),
Francis Wayne Winterwerp (Lot 22), Louise Beirne (Lot 26), Kenneth and Phyllis Lumsden
(Lots 36 and 37), Edward Mihalak (Lot 56), Mark Franken (Lot 63), Teriann Duda (Lots 66 and
67), Jerry Braxton (lot 82), Heinz and Ulla Stoiser (Lot 87), Susan Reid (Lot 88) and Judith
Roche (Lot 90). Proxy votes were received from Michael Bosko (Lot 2), Don MacLeod (Lot 3),
Yvonne Farmer (Lot 6), Yvonne Johnson (Lot 7), Mary Vitelli (Lot 8), John Olszewski (Lot 15),
John Donohue (Lot 17), Robert L. Beurkens (Lot 29), Donna Bergin (Lots 31 and 39), Frank
Measamer (Lots 32 and 35), Richard Morris (Lot 33), Karen Smith (Lots 38 and 40), John
Taylor (Lot 44), Mike Keating (Lot 48), Donald MacLeod (Lot 49), Stephen Shaw, Jr. (Lot 50),
Simon Stroud (Lot 54), Robert Wood (Lot 57), Stan Dodson (Lot 58), Clare Halsey (Lot 59),
Karl Nadolsky (Lot 60), Scott Ames (Lot 69), Dan Jacobs (Lot 72), Wendie Alderman (Lot 73),
Byran L. Fordham (Lot 74), Mary Hitchcock (Lot 84), Donald Feuerstein (Lot 89).

              The meeting was called to order at 1:00 p.m. by Susan Reid. Louise Beirne acted
as Chairman of the meeting, and the proceedings were recorded by Susan Reid, who acted as
Secretary. A quorum was announced by the Secretary and the meeting proceeded.

                Upon motion made, duly seconded and unanimously approved, the Minutes from
the 2006 annual meeting were approved as written. The Chairman advised that the septic
permits for the lots at Carolina Shores have expired. The original permits obtained by
Timberline were valid for five (5) years and expired in July. She advised that if owners currently
have their lots on the market, are considering selling or are considering building, it is important
to reapply for a new septic permit with the Health Department. The Health Department’s
number in Washington, NC is: 252-946-1902. The Chairman also advised that she knew of two
(2) lots in Carolina Shores which did not re-perk; i.e., were denied renewal of their septic
permits. The Homeowners Association is assisting these lot owners with their appeal in every
way possible. The Chairman advised that soil quality, drainage and fill dirt levels are important
components of the septic system which the Health Department will be looking at for renewal.
Discussion ensued, and the lot owners were advised to obtain a copy of their original septic
permit to review the approved location and type of septic system, and were strongly urged to
retain a local septic contractor to assist them with the process of renewal. Susan Reid advised
that she had renewed her permit (Lot 88) and had relocated the site of the house on the renewed
permit. Further discussion ensued concerning the different types of septic systems which might
be required for renewal. The Chairman advised that the Health Department is not issuing blanket
renewals; they are requiring reapplication and retesting of the lots for septic permits. A list of
local septic contractors is attached to these Minutes.

              The Chairman advised that water control letters are being sent to lot owners from
the Division of Water Quality concerning the disruption of the riparian buffers on waterfront
lots. She advised that our community is in an area which has a lot of rules concerning disruption
of the wetlands. Because lot owners are renewing their septic permits, there is a lot more
government traffic in our community and they are looking at the lots for possible violations of
any sort. Although lot owners were told by Timberline that they could mow their lots to the
water and hand-cut the marshland, this was not true. There is a riparian buffer 30’ back from the
water and marshland which cannot be disturbed, except that you are allowed to cut a 6 foot path
to get to a pier, if you have one. The letters threaten at $25,000 fine and a five (5) year
restoration plan to be put into effect. The most important thing you can do if you receive a letter
is to call the Division of Water Quality immediately. A brochure concerning the riparian buffer
rules is enclosed with these Minutes. Discussion ensued and lot owners were advised to contact
Amy Yount at the Division of Water Quality if they have any questions as to what they are or are
not allowed to cut or trim. Amy Yount’s telephone number is 252-946-6481. She is very helpful
in telling you what you can or cannot cut and how to trim your trees and bushes in the buffer
zone. Further discussion ensued and lot owners were advised to hire a local contractor should
they wish to bush hog or clear their lots. A list of local bush hogging contractors is attached to
these Minutes.

               The Chairman advised she is continuing to work very hard to ensure the common
areas are maintained. However, lot owners are coming down a week after the mowing and
complaining about how high the grass is. Last year, we had a land maintenance company
coming out of Wilson, NC and they did a very good job of maintaining the common areas and
berms. However, they were very expensive and they mowed more frequently than they were
authorized to and could not provide with dates of mowing. They were only paid for the mowing
which was authorized, and we are still working on a compromise of the other charges. Ken
Lumsden (Lots 36 and 37) is now mowing the common areas (6-8 acres) every 14-15 days from
approximately May through October. Discussion ensued concerning the cost of maintaining the
common areas and the maintenance of the undeveloped lots. Annual dues are used to maintain
all common areas and the berms on the roads owned by the Association. The Chairman advised
that approximately one-third (1/3) of the lots in Carolina Shores are up for sale and discussion
ensued concerning what should be done to keep up the property values. Further discussion
ensued, and it was agreed that the Treasurer was authorized to expend up to $8,000 annually for
maintenance of the common areas. Discussion ensued, and it was agreed that weed killer would
be used on some of the common areas to keep down growth. Lot owners are encouraged to clean
up and bush hog their lots at least twice a year to make the community more desirable for owners
and prospective purchasers.

                Discussion again ensued about how to utilize the $10,000 received from
Timberline for the boat ramp and the beautification of the community. The Chairman reported
that there are now three (3) boat ramps within five (5) mles of the Carolina Shore community.
We want to spend the $10,000 rather than have it applied as a discount to dues. Possible options
included building a picnic pavilion on the common area, street lighting, changing the community
entry signs, etc. It was agreed that Louise Beirne and Ken Lumsden will look into the cost of
replacing the entry signs, Ken Lumsden will get an estimate for building a picnic pavilion and
Judy Roche will report on street lighting costs. These reports will be presented at the 2008
meeting for consideration of the lot owners. Pier lights which stayed on all night were also
discussed as an aesthetic intrusion and it was agreed that this was within the control of the
Architectural Review Board. Lot owners are advised to include all proposed exterior lighting in
their building plans submitted to the Architectural Review Board.

               Acting as Treasurer, Susan Reid presented the 2007-2008 budget for the
Association. Discussion ensued. As previously stated, the budget for mowing and upkeep of the
common areas was increased to $8,000.00 and a line item for long term liabilities (future
anticipated major expenditures) was added to the budget. Upon motion duly made, seconded and
unanimously approved, the budget for 2007-2008 was approved subject to the above changes.

               Susan Reid, Chairperson of the Architectural Control Committee, advised that one
(1) house plan was submitted and approved. She further advised that this lot owner was merely
assessing whether or not it was feasible to build, and there was a good possibility that this house
would not be built. Discussion ensued concerning the sale of lots by Timberline and the
problems owners are having building within the CAMA lines, which were not disclosed by
Timberline until settlement. Lot owners were advised that Susan Reid has a copy of all plats
showing CAMA lines and setbacks within Carolina Shores which are available to owners upon
request. Discussion ensued about the penalty for lot owners who do not finish the exterior of the
homes within one (1) year after the start or construction, as provided in the Bylaws. It was
agreed that Susan Reid would contact a local attorney to find out what legal remedies are
available, and would report back to the Board. Upon motion duly made, seconded and
unanimously approved, it was resolved that the Board could take such action as it deemed
appropriate based on the attorney’s advice.

                Teriann Duda, the Vice President, brought up the possibility of getting together as
a community for next year’s meeting; i.e., having a picnic, clean-up morning, volleyball game,
etc. to entice owners to make the trip to attend the meeting and get to know their co-owners.
Discussion ensued concerning what we can do to have a community get-together, rather than just
asking owners to make a long journey simply to sit in a meeting for a couple of hours. Further
discussion ensued concerning making the meeting more fun, and asking anyone who has a line
item to be discussed at the meeting to get it to Susan Reid at least one (1) month prior to the
meeting so it can be included in the mailing and agenda sent to all owners giving them notice of
the meeting. Discussion ensued concerning the fact that many owners may not know contact
names and telephone numbers for the Association. Upon motion duly made, seconded and
unanimously approved it was decided that that next year’s annual meeting would encompass an
entire day and include some fun activities for the owners and their families.

                 Discussion ensued concerning concrete culverts versus plastic culverts. The
Bylaws provide for permanent concrete culverts; i.e., once construction is complete, a concrete
culvert must be in place. The Chairman advised that the plastic culvert pipes are approved by the
State; in fact, the State will install them for free (possibly only on county roads) if the owner gets
a permit and buys the pipe approved by the State. Further discussion ensued concerning whether
or not to amend the covenants to allow plastic culvert pipes and, if so, how to accomplish this.
After a review of the Bylaws and covenants, upon motion duly made, seconded and unanimously
approved, it was agreed that Susan Reid will send a letter to all lot owners of Carolina Shores
and upon the written approval of sixty seven percent (67%) of the lot owners, the covenants will
be amended to allow for the installation of plastic culvert pipes of the type approved by the State
of North Carolina. Further discussion ensued, and it was decided that upon approval of a
majority of the lot owners Susan Reid would coordinate with a local attorney to ensure that the
covenants are amended in a legal manner and recorded with the land records of the community.

               Discussion ensued concerning a shed in disrepair on Lot 11. As Chairman of the
Architectural Review Board, Susan Reid advised that approval for a shed on Lot 11 had not been

approved and she would send a letter to the lot owner requesting its removal and/or application
for its construction and repair. Further discussion ensued concerning the condition of the boat on
a lift on Lot 85. As discussed at last year’s meeting, in addition to being an eyesore and having a
negative impact on property values, there is concern that the boat lift is about to collapse, which
will create an environmental hazard for the creek. If the boat and lift are allowed to fall into the
creek, it may cost more to remove them than the lot is worth. It was agreed that Mrs. Beirne
would contact CAMA and/or the Division of Water Quality to see if the State and/or county
would intervene with the lot owner based on the environmental concern.

               The Chairman then called for election of officers of the Association. Louise
Beirne (Lot 26) was nominated for President; Teriann Duda (Lots 66 and 67) was nominated for
Vice President; Judy Roche (Lot 90) was nominated for Secretary and Susan Reid (Lot 88) was
nominated for Treasurer. Upon motions duly made, seconded and unanimously approved, the
aforesaid individuals were duly elected as officers by majority vote.

              Discussion ensued concerning the lack of building on the lots in Carolina Shores
and whether or not there was anything the Association could do to force time limits on building.
The Chairman advised there was nothing legally which could be done at this point. The
Chairman asked everyone present at this year’s meeting, and all lot owners, to think about
improvements they want made to the common areas and get them to either her, Susan Reid,
Teriann Duda or Ken Lumsden so they can be presented in the notice of the meeting for 2008.
The contact numbers are as follows: President and Board Member – Louise Bierne, 252-944-
5149; Vice President – Teriann Duda, 252-975-2265; Treasurer and Board Member– Susan
Reid, 410-257-5630; Board Member – Kens Lumsden, 252-944-5462.

             There being no further business to come before the meeting, upon motion duly
made, seconded and unanimously approved, the meeting adjourned.

                                              Susan K. Reid, Secretary of the Meeting

Dated: October 2, 2007


Vaughan Well & Septic Tank Service (Gopher Vaughan)
766 Lizzard Slip Road
Washington, NC 27889

Walker Septic Systems (Wiley C. Walker)
2473 Pocasin Road
Pinetown, NC 27865

Smith Septic Systems
66 Smith Shore Road
Belhaven, NC 27810
252-964-6940 (fax)

Ronnie Revels Septic Tank Service
3550 Fire Department Road
Williamston, NC 27892

Braxton Septic Tank Service
9900 US Highway 17 North
Vanceboro, NC 28586

Peele’s Backhoe & Septic Tank Service
4394 US Highway 17
Williamston, NC 27892


Kenneth Lumsden
104 North Main Street
Bath, NC 27808

Vaughan Well & Septic Tank Service (Gopher Vaughan)
766 Lizzard Slip Road
Washington, NC 27889

** NOTE: Other contractors may be available. If you have difficulty contacting either of the
above mowing contractors, please call Louise Beirne or Susan Reid for additional names.

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