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Charter for GHRA Green Areas Committee
1 Purpose of this Charter
The purpose of this charter is to:
Better define the duties and responsibilities of the Green Areas Committee (GAC) as a supplement to those outlined in the GRHA governing documents.
Establish processes and procedures for in-house and out-sourced maintenance and improvements to the green areas.
Establish a regular schedule for GAC meetings.
2 Related Guidance
2.1 Articles of Incorporation
Article III, Purpose and Powers of the Association
This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation and architectural control of the residence Lots and Common Area within that certain tract of property described as:
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and to promote the health, safety and welfare of the residents within the abovedescribed property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose to:
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(c) Acquire, (by gift, purchase or otherwise), own hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association;
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(e) Dedicate, sell or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of each class of members, agreeing to such dedication, sale or transfer;
(f) Participate in mergers and consolidations with other non-profit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of each class of members.
2.2 Declaration of Covenants, Conditions and Restrictions for Quail Hollow Subdivision (re: 76 419A01)
Article I, Definitions
Section 4. “Common Area” shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of conveyance of the first lot is described as follows:
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Article II, Property Rights
Section 1. Owners’ Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
(b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by any owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations;
(c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedications or transfer signed by 2/3rd of each class of members has been recorded.
Section 2. Delegation of Use. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
Article IV, Covenant for Maintenance Assesments
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest for the due date at the rate of 6 percent per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot..
2.3 By Laws of the Gander Road Association
Article II, Definitions
Section 3. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the Owners.
Article VII, Powers and Duties of the Board of Trustees
Section 1. Powers. The Board of Trustees shall have the power to:
(a) adopt and publish rules and regulations governing the use of Common Area and Facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof.
(b) suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association . Such rights may also be suspended after notice and hearing, for a period not to exceed 60 days for infraction of published rules and regulations;
Article IX, Committees
The Association shall appoint an Architectural Control Committee, as provided in the Declaration , and a Nominating Committee, as provided by these By Laws. In addition, the Board of Trustees shall appoint other committees as deemed appropriate in carrying out its purpose.
3 Duties and Responsibilities of the GAC
The GAC operates as an extension to the GRHA’s Board of Trustees, with delegated responsibilities and authority to take actions regarding the common areas within pre-approved budgetary constraints. Having these responsibilities and authority, the GAC shall be consulted regarding all matters regarding the common areas. Specific responsibilities of the GAC include:
(a) Maintain common areas within budgetary constraints.
(b) Evaluate, develop, present, and execute all maintenance and improvement activities related to the common areas with approval of the Board of Trustees.
(c) Present recommendations for common area improvements to the Board of Trustees based on member input.
(d) Report all GAC activities at the monthly Trustees Meeting.
(e) Prepare and present a GAC budget.
(f) Develop and follow a scheduled maintenance plan for amenities.
(g) Plan and schedule improvements to the common areas.
(h) Prepare requests for proposals (RFPs), solicit bids, review and present all proposals with a recommendation to the Board of Trustees, and manage all contracted efforts affecting the common areas. Management of these efforts will include monitoring progress and approving payment for completed work.
(i) Perform minor maintenance of amenities.
(j) Prepare rules and regulations governing the use of the common areas (re: By Laws Art. VII, Sect. 1, Para. (a)), with approval of the Board of Trustees..
(k) Encourage and organize member participation in common area related projects (e.g. “Adopt a Green Area”).
4 GAC Meetings
The GAC will regularly meet on the same evening of the monthly trustees meeting. The GAC will meet one week prior to the monthly trustees meeting when needed to discuss presentations to be made to the Board of Trustees. It is anticipated that the GAC will meet from time to time in the performance of their duties.
5 Review of this Policy
This charter shall be reviewed annually at the October meeting of the GRHA Board of Trustees. This charter shall be continued with a majority approval of the trustees.
6 Approval
This charter was last approved by the GRHA Board of Trustees on July 11th, 2002.
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