This letter will be sent to all property owners & the attached CL2-CE Road Maintenance Agreement will be attached. If you see a problem or have a concern please contact the committee via the Contact the Committee form.
September XX, 2015
Cedar Landing II – Creek Estates Road Maintenance Committee
PO Box 2773
Surf City, NC 28445
Dear Property Owner,
As you may recall in early August we, the property owners, found ourselves with no road maintenance. The road condition clearly reflects that there has been no maintenance for over 3 months. We have already received unofficial complaints concerning the roads concerning mail, EMS, and fire coverage.
After the first set of bills were mailed on the 19th we are able to hire a contractor to stabilize the road deterioration and make them acceptable for normal traffic. For proper grading the roads surface needs to be damp so a bit of rain is needed for the work to yield the usable surface expected.
Our roads still have a long way to go to be in a good stable condition for all traffic. We also need a way for regular maintenance, especially after bad weather. In order to address the long term solutions there are two options: (1) establish a permanent organization of property owners to collect funds for the purpose of continually maintaining and improving the roads and (2) work with DOT with the long term goal of the state taking control of some or all of the roads.
A short term committee of property owners have been meeting to reestablish billing and collect funds to hire a contractor. This has been successful to date and there is now light at the end of the short term road problem. We now need to start to address the longer term problem, establishing an organization of property owners whose mission is to maintain our roads. The membership of property owners will be responsible for the following:
- Election of officers
- Approval of budget proposed by the officers
- Approval of the governing by-laws as well as any revisions
- Payment of road maintenance fee as noted in the approved budget
It is important to note that ALL operations and actions by the officers must be approved by a majority of the membership, either directly or by approval of the by-laws.
The attached DRAFT Membership agreement proposes the role and responsibility of the organization membership and of the elected officers. Please review and send any comments, questions, etc. by the website (cl-cermo.com) “Contact the Committee” form or via email to firstname.lastname@example.org. The next step will be to incorporate any updates and set up a property owner meeting to finalize the signatures and formation of the CL2-CE Road Maintenance Organization.
Cedar Landing 2/creek Estates Road Maintenance Committee
CL2-CE Road Maintenance Agreement
By my signature below I certify that I am a property owner of land served by private unpaved roads within the Pender County North Carolina subdivisions of Cedar Landing 2 and Creek Estates that are between the Hwy 210 entrance/exit and the Driftwood Dr. entrance/exit and wish to enter into agreement with other owners in order to provide for the maintenance, repair, and upkeep of the unpaved roads involved.
The owners agree as follows:
(1) To maintain the community roads described above and to perform repairs so as to maintain these roads in good and safe condition. By signature an owner agrees to share in the cost of such maintenance and repair pro rata based upon the number of lots owned. In the event a member causes damages to the road other than ordinary wear and tear, that owner shall be required to repair the damage at their expense.
(2) To establish themselves as a nonprofit business entity and elect, by simple majority vote, officers consisting of a president, a secretary/treasurer, and 3 trustees to administer the maintenance contracts, budget, and plans. As defined in attached By-Laws.
(3) The terms “maintenance” and “repair” shall include, but not be limited to, repairing the road surface, adding stone, grading or scraping the road as necessary, cleaning or recutting ditches as necessary, and performing any and all other necessary work required to maintain the road in a condition acceptable to normal traffic.
(5) This road maintenance agreement shall run with the land described above and owned by the property owners and shall be binding on the heirs, personal representatives, successors, and assigns.
(6) The roads involved in this maintenance agreement are not maintained by North Carolina DOT. If exceptions to the DOT role arise the exceptions will be handled by Special meetings according to the By-Laws.
(7) This road maintenance shall be construed and interpreted according to the laws of the North Carolina
WITNESS the following owner’s Signature & Date
State of _________________ County of _____________________________
I, ________________________________________a Notary Public for ________________________, do hereby certify that _____________________________________personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
My commission expires__________________________
CL2/CE Road Maintenance Organization, LLC
To Maintain the unpaved roads within Cedar Landing 2 and Creek Estates that are between the Hwy 210 entrance/exit and the Driftwood entrance/exit
Membership is available to all property owners with property within the boundaries stated in Article I.
Any property owner of Cedar Landing II or Creek Estates within the bounds laid out in the agreement above, may obtain membership with a notarized signature on this agreement
60% of the organization membership is required, by written ballot, to change/alter/ or modify the mission/responsibilities/structure of the agreement or by-laws. 1 month advance notice & change description in writing to each member is required and such a vote is held at a Special meeting.
This organization will be registered so that membership is a required in perpetuity as part of any future purchase of property in the area described in the mission statement
A minimum of 50% of the property owners as shown in the Pender County Tax list per the pendercountync.gov site are required for this document to be considered valid and binding. If after 90 days from the first membership less than 50% of the property owners sign for membership then all signed documents are null and void. Refunds, less expenses, will be provided where appropriate.
Will consist of a president, secretary, treasurer, and 4 trustees elected by majority of organization members present via written ballot.
Term of office is 2 years
One trustee is elected vice president by the officers at the meeting following the general election of officers.
The vice-president will be acting president if the president is not available
Will oversee and approve contractor work before payment
3 of the officers/trustees will be local members.
Officers & Trustees will be nominated by the current officers & trustees. Those nominees along with a “write in” space for each position will on a ballot that is mailed to all members. Members will mark the ballot and return. Names with highest percent of votes will be winners.
Elections will be mailed the first week of November and the new officers will take office in January. The written vote of all members or their proxy must be received by December 1.
Responsibility & Authority of Officers:
Define road specs as needed for defining & gauging contractor work
Ensure contractors are insured and are responsible for any damage they may cause in the course of their work.
Obtain estimates and contract work
Set priority of road work to use in preparing budget for approval
Prepare annual road maintenance budget including membership fee. Explanation is required if different than prior year. For approval information see Article VI
To establish, levy, and collect the assessments necessary to operate the Association at the funding level as defined in the membership approved budget. Any action must be presented at a regular meeting and approved of majority of members present.
Monthly meetings are open to organization membership.
3 of the 5 elected officers are required to have a quorum for a meeting
Meeting minutes will be published on the website within a week of meeting
Annual meeting of officers, trustees, and all organization members will be held during the first week of July.
Special meetings of the Members of the Organization shall be held whenever called by the officers. 30 day notice in writing to all members before a special meeting.
The fiscal year of the CL/CE RMO shall be the calendar year.
Records will be managed to accepted accounting guidelines
Budget vs Actual YTD summary will be included in each months regular meeting minutes.
No loans may be taken out by the officers without review and approval of membership at a regular or Special meeting.
Acceptance of the Annual budget requires a written vote of all members or their proxy and is included in the ballot, with space for comment, as a part of the election of officers in Article III.
Other business, issues, subjects that may arise that are not covered by these by-laws may be addressed at a Special meeting of membership. Called as defined in Article V.