Buckfield Farms HOA

Buckfield Farms Association By-Laws

Apr 16, 2009

Revised: May 19, 2008

ARTICLE 1.

A. Membership. Buckfield Farms Homeowners?’ Association consists of the owners of lots number 1 - 31 as shown on the plats of W. Mason Lindsey, Jr., R. L. S., dated June 1, 1992, and recorded in the RMC Office for Charleston County in Plat Book CH at pages 87 and 88.

B. Quarterly Meetings. Quarterly meetings of the association shall be held at 7:00 p.m. on the second Monday in the months of January, April, July and October at a place to be designated by a ten-day written notice to the members.

C. Special Meeting. Any officer of the association may call a special meeting if any official business is brought before the association within two months before or after the annual meeting.

D. Proxy. Any member of the association may, by written proxy, designate an agent to attend any meeting or cast his/her vote in the absence of the owner. A written proxy may also indicate a vote on any issue to be considered at any meeting. No proxy shall be honored until delivered to the secretary prior to the meeting or vote to which the proxy pertains.

E. Notice of Meeting. Written notice of every annual or special meeting of the association stating the time, date, place and any business to be transacted shall be given to every member of the association at least 10 days, but not more than 30 days, in advance of the meeting. It shall be the duty of the secretary to mail such written notices to all members at said member?’s address on the membership book of the association. Any member changing his or her address shall notify the secretary.

F. Waiver of Notice. Waiver of notice of a meeting of the association shall be deemed the equivalent of proper notice. Any such waiver shall be in writing and submitted to the secretary prior to the transaction of any business by the association.

G. Quorum. The presence of seven (7) members of the association shall constitute a quorum necessary and sufficient to conduct business of the association. A simple majority vote of the members of the association at any meeting is required to pass any motion.

H. Voting. The owner or owners of each lot shall be entitled to one vote regardless of the size of any lot, number of owners or any lot or number of lots owned.

I. Order of Business. The order of business at all meetings of the association shall be
as follows:
1. Roll Call.
2. Proof of notice of the meeting or waiver of notice.
3. Approval of the minutes of the preceding meeting.
4. Report of officers.
5. Old business.
6. New business.
7. Adjournment.

ARTICLE 2.

A. Officers. The officers of the association shall be as follows:

1. President. The president shall be the chief executive officer of the association and shall preside at all meetings of the association. He/she shall have all the general powers and duties which are usually vested in a corporate president including, but not limited to, the power to appoint committees from among the membership from time to time at his/her discretion to conduct business of the association.

2. Vice-President. The vice-president shall take the place and perform the duties of the president whenever the president shall be absent or unable to exercise his/her duties. The vice-president shall also perform any such other duties as shall be from time to time imposed upon him/her the president.

3. Secretary. The secretary shall prepare and keep, or cause to be prepared and kept, the minutes of all meetings of the association, the membership list and current addresses of all members, by-laws and restrictive covenants, and shall provide copies of any such documents to any members upon request. The secretary will notify all members of any meeting and any business to be transacted at any meeting.

4. Treasurer. The treasurer shall have custody of, and responsibility for, all monetary assessments levied by and collected by the association. The treasurer shall deposit all such funds in a checking account under the name of the ?“Buckfield Farms Homeowners?’ Association?” and shall pay all expenses of the association, including maintenance of the road and drainage easements, and any other expenses approved by the homeowners?’ association. Three signatures will be on bank records of members authorized to sign checks. Any two of that three will sign checks.

B. Compensation. The officers shall receive no compensation from the association for the discharge of any duties described herein.

C. Election and Term. The officers shall be elected at each annual meeting of the association and at such other times as may be required to fill vacancies in office. An officer may be re-elected to serve any number of terms.

D. Removal. Any officer may be removed from office at any meeting by a majority vote of the members present.

ARTICLE 3.

A. Fiscal Year. The fiscal year of the association shall be from January 1 to December 31.

B. Budget. The treasurer shall prepare and submit a proposed annual budget to the association at the annual meeting.

C. Annual Regime Fee. The funds required by the budget shall be collected from the members of the association and shall be due and payable on or before April 1 of each year. There is one regime fee per owner.

D. Special Assessments. The funds required from time to time to pay any association expense which is not covered by the annual budget, but which is approved by the association, shall be collected from the members of the association and in such installments as the association shall determine. Special assessments can be passed by a simple majority of the members present at a meeting. There is one assessment per owner.

E. Collection. Members shall be personally liable for all assessments and shall pay same promptly when due.

F. Penalty. Any assessment not paid when due shall be subject to a ten percent penalty charge for every calendar month or portion of each calendar month past due. No member whose assessment is past due shall be allowed to vote at any meeting of the association. Any member refusing to pay his regime fee or special assessment passed with the proper vote will be taken to Small Claims Court and will also have a lien placed against their property.

ARTICLE 4.

A. Variances. The association shall have the authority to grant variances from the requirements of the restrictive covenants. Any member seeking a variance shall submit a request for variance in writing to the secretary. The secretary shall than transmit the Variance Request to all members with a notice of the meeting at which the Variance Request will be considered. A vote of the simple majority of the members present shall be required to approve any Variance Request.

ARTICLE 5.

A. Amendments. These by-laws may be amended by vote of a simple majority of the members of the association at any meeting.