Legal Authorities and Responsibilities
The Board of Directors derive their authority from the Byrum Woods By-Laws.
Specifically, Article IV – Board of Directors states
Section 2. Powers of the Board
The Board of Directors shall act in behalf of the Association and shall have general management and responsibility of the business and affairs of the Association. The Board shall be responsible for appointing any special committees as needed.
The majority of the Board’s responsibilities are outlined in Article V – Duties of Officers.
ARTICLE V – DUTIES OF OFFICERS
Section 1. President
The President shall preside over all Association meetings and Board meetings, shall in general supervise the affairs of the Association, and perform any other duties assigned by the Board of Directors.
Section 2. Vice-President
The Vice-president shall perform any duties assigned by the Board of Directors and, during any absence of the President, shall be vested with all the powers and perform all the duties of the President.
Section 3. Secretary
The Secretary shall keep a record of the meetings of the Association and of the Directors, keep the roll of members, shall be in charge of all notices of meetings, and shall perform any other duties assigned by the Board of Directors.
Section 4. Treasurer
The Treasurer shall receive and disburse all Association funds and shall keep an accurate and detailed record of all receipts and disbursements. The records shall, at all times, be subject to inspection by any member of the Association. All Association funds shall be deposited in the bank(s) designated by the Board of Directors. A financial statement, approved by the Board and presented at the regular meeting, shall be prepared by the Treasurer. All checks drawn on the account of the Association shall be countersigned by the Treasurer and the President or their assigns.
In addition, per Article VI – Dues
Section 2. Special Assessments
Special assessments can be proposed by the Board of Directors at any Association meeting and are subject to a majority approval by the Association.
Section 3. Default in Payment
During any period in which a member is in default of payment of dues or special assessments, the voting rights of both members shall be suspended by the Board of Directors until the dues or assessments have been paid in full.
Article IV of the ByLaws grant the Board the power general management and responsibility for the business and affairs of the Association. While this provides a wide latitude of interpretation, this has historically been interpreted that the Board would be responsible for:
- Collecting Dues
- Publishing the Membership Directory
- Interacting with perspective homeowners and their realtors
- Maintaining the entrance ways
- Coordinating and hosting social events
- Interacting with utility companies
- Interacting with Wake County
The level of responsibilities may vary from Board to Board, and is situationally dependent.
The Board’s powers are very limited due to the structure of the Covenants and the ByLaws.
The Board is NOT RESPONSIBLE FOR
Settling disputes between neighbors.
Placing liens on properties
Legally enforcing the Covenants