ON THIS PAGE: 1. ICM Restrictive Covenants
2. ICMPOA By-Laws
3. ICMPOA Standards for New Roads
re·stric·tive cov·e·nant
rəˈstriktiv,rēˈstriktiv ˈkəvənənt/
noun
a covenant imposing a restriction on the use of land so that the value and enjoyment of adjoining land will be preserved.
rəˈstriktiv,rēˈstriktiv ˈkəvənənt/
noun
a covenant imposing a restriction on the use of land so that the value and enjoyment of adjoining land will be preserved.
RESTRICTIVE COVENANTS & ROAD MAINTENANCE AGREEMENT
INDIAN CAMP MOUNTAIN PROPERTY OWNERS ASSOCIATION
Prepared by George T. Perkins, III
Transcribed by Robert R. Hayward, 15 August 2004
STATE OF NORTH CAROLINA
COUNTY OF TRANSYLVANIA
RESTRICTIVE COVENANTS AND ROAD MAINTENANCE
AGREEMENT APPLYING TO PROPERTY KNOWN AS
INDIAN CAMP MOUNTAIN
Indian Camp Mountain, Inc., owner of property shown of plat prepared by John Long, Surveyor, containing 1148 acres, known as Indian Camp Mountain Development, County of Transylvania, State of North Carolina, hereby subjects the said Development to the following restrictions as to use by whomsoever owned, to-wit:
1. All property within the tract shall be Residential Property. No structures shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two and one-half stories in height, a private garage, guest house, and other non-commercial outbuilding such as horse barn and stable.
2. No noxious or offensive activity shall be carried on upon any of the property nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No business, trade, or commercial activity of any kind shall be conducted in any building or on any portion of any of the property.
3. No trailer, basement, shack, garage, barn or other outbuilding erected on the tract shall at any time be used as a residence temporarily, or permanently, nor shall any structure of a temporary character be used as a residence, except as permitted in paragraph 8.
4. The ground floor area of the main structure, exclusive of one story porches and garages shall not be less than 900 square feet. Total on all stories shall be 1200 square feet minimum. No building shall be located nearer to the right of way margin than 40 feet. No building shall be located nearer than 50 feet to any side or rear lot line of any Indian Camp Mountain property.
5. No plots conveyed by the parties hereto shall be subdivided so as to create an additional building plot of less than 5 acres. Under no circumstances may an owner of any plot, sell, lease, or permit the use of any part of said plot as a way of entrance to any other property, outside the boundaries of Indian Camp Mountain, without the written consent of Indian Camp Mountain, Inc. Indian Camp Mountain, Inc. reserves the right, for itself and its successors and assigns, to use the roads within the Development for access to properties outside the Development, and also the right to grant a right of way over the said roads to such others as it may in writing designate.
6. No chain link fence shall be constructed or maintained along the front property line of any plot. Any fuel storage tank, satellite dish, antenna, etc., shall be placed or maintained away from joint use roadways in an inconspicuous manner.
7. No property owner shall engage in any activity which will result in the deposit or accumulation of trash, refuse, debris, or other objectionable matter.
8. Camping in a tent, recreational vehicle or motor home shall be limited to 60 days per year. However, property owners may use motor home, etc. as a residence up to six months while home is under construction.
9. No house trailer, disabled vehicle, unsightly machinery or other junk shall be placed on any lot, either temporarily or permanently. A properly designated representative of the maintenance association may, at the owner’s expense, remove any such house trailers, disabled vehicles or unsightly machinery or junk, from any lot. However, this shall not be construed as prohibiting the parking or keeping of travel trailers, so long as they are maintained in a sightly manner and not used as a residence (except as permitted in paragraph 8).
10. The exterior of the residence must be completed in twelve (12) months from the time that construction starts.
11. No hunting of any kind is permitted in Indian Camp Mountain property.
12. No motor bike, trail bike, all terrain vehicle or any other noisy vehicle that will adversely affect the tranquility will be permitted at Indian Camp Mountain.
13. Up to two horses per 5 acres will be allowed at Indian Camp Mountain. All other livestock are prohibited.
14. Domestic pets must not be allowed to adversely affect wildlife. Pets must be fenced or on a leash when not under the supervision of owner.
15. Owners clearing land for pasture, homesite, garden, etc., are required to stabilize soil as soon as possible. In the event a property owner neglects erosion control, any Indian Camp Mountain owner shall have the legal right to seek court action to enforce compliance.
16. Trees shall not be cut for commercial purposes. Fifty (50) foot width of trees shall be left along the property line when clear cutting for pasture, gardens, etc.
17. Easements for the installation of utilities and the maintenance thereon are reserved over the front twenty-five (25) feet for the entire distance of the front property lines.
18. Indian Camp Mountain, Inc. will designate picnic and wildlife food strip areas along road right-of-way. The property owners association will have the right to maintain such locations.
19. Exteriors of buildings shall be constructed of durable materials, not to include ribbed metal or translucent fiberglass siding or roofing, unprotected fiberboard, or untreated wood (except cedar). Metal ductwork, conduits, or long sections of metal chimneys shall not be left exposed to the view of others. No intense or fluorescent paints shall be used externally, nor highly reflective surface treatments of any sort, nor paint or other decoration applied in stripes, dots, or other repetitive geometric shapes. Except for temporary holiday decorations, no other brightly colored or artificially lighted exterior lawn or yard decorations shall be placed on any lot so as to be visible to others. Mailboxes shall be of a Postal Service approved type, and shall be sturdily supported by something other than parts of machinery, chains, milk cans or similar articles. Fences, if erected, shall be made of some uniform material, and shall not be constructed of barb wire, nor charged with electricity.
20. TERM: The covenants are to run with the land and shall be binding on all property owners of Tract B containing 1148.43 acres, Plat Book 3, Page 310 in the Transylvania County Registry, (and later such lots as the developer may subject hereto) for twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part, but not apply to the Road Maintenance Agreement.
21. SEVERABILITY: Invalidation of any one of these covenants by judgment of Court Order shall in no wise affect any of the provisions which shall remain in full force and effect.
22. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person violating or attempting to violate any covenant, either to restrain violation or to recover damages.
ROAD MAINTENANCE AND LAND OWNER’S ASSOCIATION:
(A) Until January 15, 1990, the upkeep of the roads within Indian Camp Mountain shall be the responsibility of the developer. On that date, responsibility for road maintenance shall vest in the lot owners, acting through their Land Owners’ Association, described below. Until that date, the annual road maintenance fee shall be payable to the developer. Thereafter, it shall be payable to the Land Owners’ Association.
(B) The annual fee for road maintenance shall initially be one hundred fifty dollars ($150) per year for lots up to twenty-four acres in size, and three hundred dollars ($300) for lots of more than twenty-four acres. After January 15, 1990, the amount of the annual road maintenance fee shall be set by a majority vote of the members of the Association taken at a regularly scheduled meeting at which a quorum is represented, either in person or by proxy.* However, the above-mentioned provisions as to proration of the fee by lot size cannot be changed. Ninety per cent of road maintenance fund must be used on items directly affecting roads. (Examples – grading, gravel and maintenance of entry gate, etc.). The remaining ten percent may be used to maintenance picnic areas, wildlife food strips, etc. The failure of a lot owner to pay the annual fee shall incur a lien on the lot involved, which the developer or the proper officers of the Land Owners’ Association are authorized to file on record. The maintenance fee for any given year shall be due and payable by January 15th of that year, and shall accrue interest thereafter until paid at the annual rate of fifteen percent (15%). This interest and the costs of filing the lien referred to above shall be added to the maintenance fee, and shall be paid before the lien is removed.
* Transcriber’s note: At the annual meetings of the Indian Camp Mountain Property Owners Association with quorums present or by proxy the following actions were approved:
October 17 1998 – Road maintenance fees of $200 per lot ($400 per lot of more than 24 acres) were approved for one year.
October 16, 1999 – The above fees were extended indefinitely. A late fee of $25 for payments after January 15 annually was approved.
October 20, 2001 - Road maintenance fees of $300 per lot ($600 per lot of more than 24 acres) were approved. This fee schedule remains in effect (August 15, 2004).
October 25, 2014 - Road maintenance fees of $600 per lot ($1200 per lot of more than 24 acres) were approved.
(C) In addition to filing the lien for road maintenance, the developer or the proper officers of the Land Owner’s Association shall have the authority to bring legal action in the appropriate court for judgment and levy, as a means of perfecting such lien.
(D) Each owner of a lot in Indian Camp Mountain shall be a member of the Land Owners’ Association, which is an unincorporated association. Each lot shall be represented by one vote, except for lots having more than twenty-four acres, which shall be represented by two votes. The Land Owners’ Association shall convene annually on a date and at a place to be selected by its bylaws; but unless changed by the bylaws, the annual meeting shall be held at noon on the Sunday before Labor Day of each year (beginning with September 3, 1989), on the Courthouse lawn in Brevard, North Carolina. While the developer continues to own property in Indian Camp Mountain, the developer shall have one vote in the Land Owners’ Association for each twenty-four acres which it owns. A quorum at any annual meeting of the Association shall consist of a simple majority of the possible votes in the Association at that time. Any additional property accessed by Indian Camp Mountain road system will be developed in a like manner and subject to the road maintenance agreement. For any change except annual fee charge (covered in Paragraph B) a one hundred (100%) percent majority vote will be required to alter the road maintenance agreement.
Indian Camp Mountain, Inc., agrees to and guarantees the following:
(A) That all tracts will meet the specifications set forth by the Transylvania Health Department for Septic Tank Percolation.
(B) That it will provide an entrance gate for limited entry.
(C) That all tracts will be conveyed with insurable title.
(D) That all tracts will have access to electric power and telephone service.
(E) That all tracts will front on paved or all weather gravel roads.
IN TESTIMONY WHEREOF Indian Camp Mountain, Inc. has hereunto set its hand and seal, this the 25th day of January 1989.
INDIAN CAMP MOUNTAIN, INC.
By: (James B. Anthony) (Seal)
President
ATTEST:
(S Ervin Hendricks)
Secretary
INDIAN CAMP MOUNTAIN, INC.
CORPORATE SEAL
Transcribed by Robert R. Hayward, 15 August 2004
STATE OF NORTH CAROLINA
COUNTY OF TRANSYLVANIA
RESTRICTIVE COVENANTS AND ROAD MAINTENANCE
AGREEMENT APPLYING TO PROPERTY KNOWN AS
INDIAN CAMP MOUNTAIN
Indian Camp Mountain, Inc., owner of property shown of plat prepared by John Long, Surveyor, containing 1148 acres, known as Indian Camp Mountain Development, County of Transylvania, State of North Carolina, hereby subjects the said Development to the following restrictions as to use by whomsoever owned, to-wit:
1. All property within the tract shall be Residential Property. No structures shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two and one-half stories in height, a private garage, guest house, and other non-commercial outbuilding such as horse barn and stable.
2. No noxious or offensive activity shall be carried on upon any of the property nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No business, trade, or commercial activity of any kind shall be conducted in any building or on any portion of any of the property.
3. No trailer, basement, shack, garage, barn or other outbuilding erected on the tract shall at any time be used as a residence temporarily, or permanently, nor shall any structure of a temporary character be used as a residence, except as permitted in paragraph 8.
4. The ground floor area of the main structure, exclusive of one story porches and garages shall not be less than 900 square feet. Total on all stories shall be 1200 square feet minimum. No building shall be located nearer to the right of way margin than 40 feet. No building shall be located nearer than 50 feet to any side or rear lot line of any Indian Camp Mountain property.
5. No plots conveyed by the parties hereto shall be subdivided so as to create an additional building plot of less than 5 acres. Under no circumstances may an owner of any plot, sell, lease, or permit the use of any part of said plot as a way of entrance to any other property, outside the boundaries of Indian Camp Mountain, without the written consent of Indian Camp Mountain, Inc. Indian Camp Mountain, Inc. reserves the right, for itself and its successors and assigns, to use the roads within the Development for access to properties outside the Development, and also the right to grant a right of way over the said roads to such others as it may in writing designate.
6. No chain link fence shall be constructed or maintained along the front property line of any plot. Any fuel storage tank, satellite dish, antenna, etc., shall be placed or maintained away from joint use roadways in an inconspicuous manner.
7. No property owner shall engage in any activity which will result in the deposit or accumulation of trash, refuse, debris, or other objectionable matter.
8. Camping in a tent, recreational vehicle or motor home shall be limited to 60 days per year. However, property owners may use motor home, etc. as a residence up to six months while home is under construction.
9. No house trailer, disabled vehicle, unsightly machinery or other junk shall be placed on any lot, either temporarily or permanently. A properly designated representative of the maintenance association may, at the owner’s expense, remove any such house trailers, disabled vehicles or unsightly machinery or junk, from any lot. However, this shall not be construed as prohibiting the parking or keeping of travel trailers, so long as they are maintained in a sightly manner and not used as a residence (except as permitted in paragraph 8).
10. The exterior of the residence must be completed in twelve (12) months from the time that construction starts.
11. No hunting of any kind is permitted in Indian Camp Mountain property.
12. No motor bike, trail bike, all terrain vehicle or any other noisy vehicle that will adversely affect the tranquility will be permitted at Indian Camp Mountain.
13. Up to two horses per 5 acres will be allowed at Indian Camp Mountain. All other livestock are prohibited.
14. Domestic pets must not be allowed to adversely affect wildlife. Pets must be fenced or on a leash when not under the supervision of owner.
15. Owners clearing land for pasture, homesite, garden, etc., are required to stabilize soil as soon as possible. In the event a property owner neglects erosion control, any Indian Camp Mountain owner shall have the legal right to seek court action to enforce compliance.
16. Trees shall not be cut for commercial purposes. Fifty (50) foot width of trees shall be left along the property line when clear cutting for pasture, gardens, etc.
17. Easements for the installation of utilities and the maintenance thereon are reserved over the front twenty-five (25) feet for the entire distance of the front property lines.
18. Indian Camp Mountain, Inc. will designate picnic and wildlife food strip areas along road right-of-way. The property owners association will have the right to maintain such locations.
19. Exteriors of buildings shall be constructed of durable materials, not to include ribbed metal or translucent fiberglass siding or roofing, unprotected fiberboard, or untreated wood (except cedar). Metal ductwork, conduits, or long sections of metal chimneys shall not be left exposed to the view of others. No intense or fluorescent paints shall be used externally, nor highly reflective surface treatments of any sort, nor paint or other decoration applied in stripes, dots, or other repetitive geometric shapes. Except for temporary holiday decorations, no other brightly colored or artificially lighted exterior lawn or yard decorations shall be placed on any lot so as to be visible to others. Mailboxes shall be of a Postal Service approved type, and shall be sturdily supported by something other than parts of machinery, chains, milk cans or similar articles. Fences, if erected, shall be made of some uniform material, and shall not be constructed of barb wire, nor charged with electricity.
20. TERM: The covenants are to run with the land and shall be binding on all property owners of Tract B containing 1148.43 acres, Plat Book 3, Page 310 in the Transylvania County Registry, (and later such lots as the developer may subject hereto) for twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part, but not apply to the Road Maintenance Agreement.
21. SEVERABILITY: Invalidation of any one of these covenants by judgment of Court Order shall in no wise affect any of the provisions which shall remain in full force and effect.
22. ENFORCEMENT: Enforcement shall be by proceedings at law or in equity against any person violating or attempting to violate any covenant, either to restrain violation or to recover damages.
ROAD MAINTENANCE AND LAND OWNER’S ASSOCIATION:
(A) Until January 15, 1990, the upkeep of the roads within Indian Camp Mountain shall be the responsibility of the developer. On that date, responsibility for road maintenance shall vest in the lot owners, acting through their Land Owners’ Association, described below. Until that date, the annual road maintenance fee shall be payable to the developer. Thereafter, it shall be payable to the Land Owners’ Association.
(B) The annual fee for road maintenance shall initially be one hundred fifty dollars ($150) per year for lots up to twenty-four acres in size, and three hundred dollars ($300) for lots of more than twenty-four acres. After January 15, 1990, the amount of the annual road maintenance fee shall be set by a majority vote of the members of the Association taken at a regularly scheduled meeting at which a quorum is represented, either in person or by proxy.* However, the above-mentioned provisions as to proration of the fee by lot size cannot be changed. Ninety per cent of road maintenance fund must be used on items directly affecting roads. (Examples – grading, gravel and maintenance of entry gate, etc.). The remaining ten percent may be used to maintenance picnic areas, wildlife food strips, etc. The failure of a lot owner to pay the annual fee shall incur a lien on the lot involved, which the developer or the proper officers of the Land Owners’ Association are authorized to file on record. The maintenance fee for any given year shall be due and payable by January 15th of that year, and shall accrue interest thereafter until paid at the annual rate of fifteen percent (15%). This interest and the costs of filing the lien referred to above shall be added to the maintenance fee, and shall be paid before the lien is removed.
* Transcriber’s note: At the annual meetings of the Indian Camp Mountain Property Owners Association with quorums present or by proxy the following actions were approved:
October 17 1998 – Road maintenance fees of $200 per lot ($400 per lot of more than 24 acres) were approved for one year.
October 16, 1999 – The above fees were extended indefinitely. A late fee of $25 for payments after January 15 annually was approved.
October 20, 2001 - Road maintenance fees of $300 per lot ($600 per lot of more than 24 acres) were approved. This fee schedule remains in effect (August 15, 2004).
October 25, 2014 - Road maintenance fees of $600 per lot ($1200 per lot of more than 24 acres) were approved.
(C) In addition to filing the lien for road maintenance, the developer or the proper officers of the Land Owner’s Association shall have the authority to bring legal action in the appropriate court for judgment and levy, as a means of perfecting such lien.
(D) Each owner of a lot in Indian Camp Mountain shall be a member of the Land Owners’ Association, which is an unincorporated association. Each lot shall be represented by one vote, except for lots having more than twenty-four acres, which shall be represented by two votes. The Land Owners’ Association shall convene annually on a date and at a place to be selected by its bylaws; but unless changed by the bylaws, the annual meeting shall be held at noon on the Sunday before Labor Day of each year (beginning with September 3, 1989), on the Courthouse lawn in Brevard, North Carolina. While the developer continues to own property in Indian Camp Mountain, the developer shall have one vote in the Land Owners’ Association for each twenty-four acres which it owns. A quorum at any annual meeting of the Association shall consist of a simple majority of the possible votes in the Association at that time. Any additional property accessed by Indian Camp Mountain road system will be developed in a like manner and subject to the road maintenance agreement. For any change except annual fee charge (covered in Paragraph B) a one hundred (100%) percent majority vote will be required to alter the road maintenance agreement.
Indian Camp Mountain, Inc., agrees to and guarantees the following:
(A) That all tracts will meet the specifications set forth by the Transylvania Health Department for Septic Tank Percolation.
(B) That it will provide an entrance gate for limited entry.
(C) That all tracts will be conveyed with insurable title.
(D) That all tracts will have access to electric power and telephone service.
(E) That all tracts will front on paved or all weather gravel roads.
IN TESTIMONY WHEREOF Indian Camp Mountain, Inc. has hereunto set its hand and seal, this the 25th day of January 1989.
INDIAN CAMP MOUNTAIN, INC.
By: (James B. Anthony) (Seal)
President
ATTEST:
(S Ervin Hendricks)
Secretary
INDIAN CAMP MOUNTAIN, INC.
CORPORATE SEAL
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BY-LAWS
New By-Laws for Indian Camp Mountain Property Owners Association were passed by a 92-21 vote in January of 2019, with a change to voting requirements (from 2/3 of ALL property owners to 2/3 of VOTING property owners) in January 2020, with a vote of 90-10. Thank you to all property owners who took the time to express their opinions at the Annual Meeting in October and for voting on the proposed changes. The adopted by-laws are below.
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BY-LAWS OF THE INDIAN CAMP MOUNTAIN PROPERTY OWNERS ASSOCIATION
SECTION I
The Indian Camp Mountain Property Owners Association, hereinafter called "the Association", shall consist of persons who own one or more tracts of land that have been accepted by the Association.
The purpose of the Association is to maintain the Restrictive Covenants and By-Laws. The Association will meet annually to approve amendments to the Covenants and By-Laws and to elect directors and officers to act on its behalf, as well as to address other pertinent business of the Association.
Officers will include a President, Vice-President, Secretary, and Treasurer (all non-compensated), each of whom will also be a director. These officers collectively, along with the Chairperson of the Roads Committee, will henceforth be referred to as the Executive Committee of the Association.
Each officer has duties and responsibilities as outlined in these By-Laws. The officers of the Executive Committee have the collective authority and responsibility to take necessary action in the event any officer fails to perform his/her duties.
All members of committees other than the Executive Committee will be collectively responsible to take necessary action in the event any member fails to perform his/her duties.
AMENDMENTS TO THE BY-LAWS
The By-Laws can be amended only by a 2/3-majority of voting Association members.
THE EXECUTIVE COMMITTEE
2. Shall each serve a term of office of two (2) years, with President, Secretary, and Roads Chair being elected to serve terms beginning in odd-numbered years, and Treasurer and Vice President serving terms beginning in even-numbered years. Officers may serve as many terms as they are willing to serve and for which they are re-elected. Any officer who chooses not to serve any portion of his/her term will be replaced via Executive Committee action and election at the next annual meeting.
3. May have only one member from a given household or family hold elected office during the same term.
4. Has the authority and responsibility to act on behalf of Association members as follows:
a. Take immediate action on any emergency that pertains to the Restrictive Covenants of the Association.
An emergency may be defined as any unanticipated situation that renders our roadways hazardous or
unusable. This would include, but not be limited to, damage from storms, floods, fires, accidents, or acts
of God.
b. Review, select and initiate contracts presented by the Roads Committee for routine road maintenance.
c. Approve action on any unpaid road maintenance fees reported to the Committee by the Treasurer (see
item 6. under Treasurer).
d. Approve by majority (3 out of 5) vote of Committee members all decisions, including expenditures. All
decisions must be documented and kept on file with regular minutes of all convened meetings.
e. Meet at least once per quarter, and a record of time, place, attendance and decisions shall become part of
the permanent minutes file.
f. Maintain a permanent file of minutes of all committee meetings.
g. Set time, place and date of the annual Association meeting and inform all members through the
Secretary’s Letter at least 30 days prior to the meeting date, currently scheduled for the third Saturday in
the month of October in any given year.
h. Covenant Violations: A property owner who wishes to notify the Executive Committee of a possible
covenant violation should put their concerns in writing, with the date of the complaint and their signature.
Upon notification or recognition of a possible Restrictive Covenant violation, the Executive Committee
will analyze the situation and, if it is determined that a property owner is in violation of a Restrictive
Covenant, the Executive Committee will contact the responsible property owner either in person or by
telephone in an attempt to resolve the matter. If a mutually agreed upon resolution cannot be
determined, the Executive Committee will follow up by certified letter describing the violation,
requesting the property owner correct the problem, and specifying a date by which the violation be
corrected. If written communication does not result in corrective action and affected property owners
want to pursue resolution, they must do so at their own expense.
DUTIES, RESPONSIBILITIES, AND FUNCTIONS OF THE OFFICERS OF THE ASSOCIATION
PRESIDENT
1. Preside over all Association meetings.
2. Preside over all Executive Committee meetings.
3. Be an Ex-Officio member of all other committees (to include voting privileges).
4. Notify all Association members of the names and telephone numbers of persons to contact concerning Association business.
5. Contact all members of the Executive Committee concerning any emergency as defined under “Executive Committee, 4. a.” above.
6. Obtain a copy of the minutes from all committee meetings and review them for follow-up and establish a permanent file for the Executive Committee.
VICE-PRESIDENT
1. Assist the President as needed.
2. Function as President in the absence of the President.
3. Maintain current updated list of the following:
a. Property Owner’s name, address and contact information.
b. Each lot by number, acreage, road maintenance fee, and owner.
4. Provide the President, Secretary and Treasurer a current list for road maintenance invoices to be sent to property owners.
5. Be responsible for recruiting members of the Nominating Committee at least 90 days prior to the annual meeting date each year.
6. Contact new POA members welcoming them to the Association and providing them with copies of the By-laws and Restrictive Covenants along with other information deemed of value to new property owners in the development.
SECRETARY
1. Record minutes of all Association and Executive Committee meetings, and maintain a permanent file.
2. Prepare and distribute a mailing no later than 30 days prior to the date of the annual Association members’ meeting to report time, date, place, and agenda of the annual meeting. This report shall also include the following:
a. Any proposed amendments to the Covenants and By-Laws.
b. The Nominating Committee’s proposed slate of Officers.
c. The Treasurer’s Report.
d. An up-date on the status of road maintenance and landscaping.
e. The status of any reported problems.
f. Any other matters that must be voted on.
3. Record attendance and proxy votes at annual meetings.
4. Make copies of all Association meeting minutes and distribute to members of the Executive Committee and to members of the Association.
5. Make copies of all Executive Committee meeting minutes and distribute to members of the Executive Committee.
6. Prepare and mail not later than 30 days prior to due date invoices to property owners from a list provided by the Vice-President. This mailing shall include minutes of the previous annual property owners meeting.
7. Maintain an Association website for members’ convenience in accessing information regarding the Association.
TREASURER
1. Maintain a monthly, reconciled checking account.
2. Provide to the Executive Committee a monthly, detailed listing of each check number, purpose, and amount.
3. Provide to the Executive Committee a monthly detailed listing of deposits.
4. Indicate on deposit ticket source of income and file a permanent copy.
5. Obtain current property owner road maintenance fee information from Vice-President in order to verify correct payment.
6. Receive roads maintenance fee payments from property owners and denote payment on list prior to deposit.
7. Report to the Executive Committee all road maintenance fees 30 days past due.
8. Upon direction from the other members of the Executive Committee, shall notify, by registered mail, all property owners whose road maintenance fees are more than thirty days past due. If this courtesy notification is ignored for more than thirty additional days, a lien will be placed on the property and the account placed in the hands of a collection agency. If the delinquent property owner fails to provide the appropriate sum and two or more liens on a lot have accumulated, the matter shall be taken to court for judgment and levy against the subject property. It shall be the sole responsibility of the offending property owner to compensate the Association for any and all attorney’s fees and other legal or administrative expenses associated with the collection process.
9. Disburse funds in excess of $200.00 only upon approval from the Executive Committee, except for those disbursements relating to road maintenance work actually performed, in which case approval has already been obtained.
10. Pay bills properly received and approved for payment by the responsible committee member. Such approval is not required for routine monthly bills, which are paid by automatic debit.
11. Provide to area real estate offices and local attorneys an annual notice emphasizing the need to have prospective ICM buyers and closing attorneys contact the Treasurer of the Association and convey pertinent information about the respective property transaction.
12. Contact Vice President with new Association members’ information so that he/she can update the Association member list, as well as provide copies of both Association By-Laws and the Restrictive Covenants, along with any other information deemed relevant, to new members.
13. Collect and safeguard Association members’ ballots as they are received with annual roads fees. When all ballots have been received, Treasurer, along with at least one other member of the Executive Committee, will count ballots and certify the vote. Treasurer will report the result of any elections or votes via The Association website and will maintain a permanent record of such votes.
ROADS COMMITTEE
1. The Roads Committee will be composed of a minimum of five Association members. The Roads Committee Chairperson will be elected from a slate of nominees at the annual meeting, and the elected Chairperson will appoint, subject to the approval of the Executive Committee, the remaining members of the Roads Committee from nominations and/or volunteers at the Association’s annual meeting. Appointed members may be added to or removed from the Roads Committee at any time by the joint agreement of the Roads Committee Chairperson and the Executive Committee. Each member shall have one vote on all matters coming before the committee.
2. The following are the duties, responsibilities, and functions of the Roads Committee:
a. Elect by simple majority vote a Vice-Chairperson from the membership of the committee.
b. The Chairperson will be a member of the Executive Committee.
c. The Vice-Chairperson will act on behalf of the Chairperson in his/her absence.
d. The Chairperson will insure that minutes of the committee meetings are recorded and a copy furnished in a
timely manner to the President for inclusion in the permanent file.
e. The Roads Committee shall:
1.) Insure that an inspection by one or more committee members of all roads, culverts, drainage structures,
and bridges is conducted at least twice a year.
2.) Take appropriate action on road emergencies by determining the extent of the problem. This information
shall be reported to the President as soon as possible, to be followed by a determination of the time and
cost for repairs.
3.) Project the needs for proper routine maintenance and upgrading of roads, culverts, drainage structures,
bridges, and landscaping.
4.) Utilize a preferred provider that has a proven track record servicing ICM, OR obtain multiple bids, when
possible, for all or any portion of maintenance needs. At the discretion of the Executive Committee, an
outside firm may be consulted periodically to assess the condition of the roads and the efficacy of the
maintenance/upgrade plan in current use.
5.) Present all bids and make written recommendations to the Executive Committee for discussion and
approval.
6.) Insure that all work is completed as indicated on the Estimate and Hourly Rate and report on the
progress or lack thereof to the Executive Committee.
7.) Determine acceptability of contract work completed and whether to accept or reject invoices for such
completed work. The Chairperson will forward invoices, both immediate and pending, to the Treasurer.
8.) Maintain a file to indicate current status of all contracts or any work to be performed.
9.) Prepare a report to be mailed to Association members with the annual road maintenance fee billings,
said letter to include the following:
a. Status of road maintenance and landscaping, etc.
b. Reported problems and status thereof.
10.) Establish and maintain Standards for New Roads.
(A new road is defined as any brand-new road, constructed on raw undeveloped land, intended to provide common,
shared, and public vehicular access to property within Indian Camp Mountain. The ICM Standards for New Roads
would be invoked in the event, for example, a large tract of ICM property is subdivided, as limited by the Covenants,
and new public roads are constructed to access the new subdivided properties. Any person building a new road in the
Indian Camp Mountain Development must adhere to current North Carolina DOT Standards at the time of
development. Plans for new roads must be approved by the Roads Committee, and subsequently, by the Executive
Committee prior to construction.)
ELECTIONS AND VOTING
A quorum at any Annual Meeting of the Association shall consist of a simple majority of the possible votes in the Association at that time. A quorum is required to conduct ANY business of the Association. Anything put to a vote must pass by a minimum of 50% + 1 vote of that quorum, represented by those present plus proxy votes
Voting on all business of the Association will take place in two phases:
Phase 1. When the notice of the annual meeting is mailed, it shall include detailed information regarding all business (including proposed changes to by-laws, restrictive covenants, roads fees, or other pertinent matters, and a proposed slate of
Executive Committee members) requiring approval of Association members.
At the annual meeting, attending Association members may discuss and amend the language of proposed changes and present nominations for officers from the floor (provided nominee agrees to be considered).
At the end of the discussion period, attending members (including proxy votes) will agree on final form of written proposals and the proposed slate of officers.
Phase 2. Proposals in their final form, and the final proposed slate of officers, will be mailed in the form of a ballot along with the roads fee invoice. Members should vote on the slate of officers, as well as any other matters that require approval, and return their ballots with payment for the annual roads fee. Those who use on-line banking to pay roads fees should submit their ballots by separate mail. Property owners may cast one vote for each annual road fee that they are assessed (i.e., lots of more than 24 acres are assessed two road fees, thus those owners would have two votes).
Votes must be received by January 15 (deadline for roads fee collection) to be counted. When all ballots have been collected, at least two Executive Committee members will count and record the votes. All measures must pass by a minimum of two-thirds (2/3) of the voting members.
The outcome of all voting will be announced on the Association website and can also be obtained from any Executive Committee member through email or by telephone.
New officers will assume their positions with the first quarter’s Executive Committee meeting.
The Association will use Robert’s Rules of Order in conducting the annual meeting.
NOMINATING COMMITTEE
The Nominating Committee, consisting of a minimum of three Association members, shall be appointed by the Vice President of the Executive Committee.
The appointment of the Nominating Committee will take place at least 90 days prior to the Annual Meeting of the Association. The Executive Committee will provide general guidance to the Nominating Committee, but in no case shall the Executive Committee attempt to exert any influence on the Nominating Committee regarding personalities or selection of individual nominees. Any property owner in arrears to the Association is not permitted to hold elected office or any appointed position. Only one member of a family or household at a time may hold elected office. All current members of the
Executive Committee should be contacted to determine whether any or all agree to stand for re-election.
The Nominating Committee shall present to the Executive Committee a slate of nominees for Association Officers (President, Vice-President, Secretary, Treasurer, and Roads Committee Chairperson) no less than 45 days prior to the annual meeting.
SECTION II
MEMBER RESPONSIBILITIES
1. Members of the Association are expected to pay their annual roads fee by date due each year.
2. When possible, Association members should clear out culverts near their property. Clear culverts divert water away from roadways, prolonging the life of the roads and saving the Association the cost of hiring professionals to do the clearing.
3. Members of the Association should make every effort to attend the annual meeting each year in October. Those unable to attend the meeting should provide a signed proxy to an Executive Committee Member, or another Association member who will be attending the meeting, to represent their interests and vote on their behalf. Without a quorum (in person and by proxy), Association business cannot be conducted.
4. Whenever a home or lot owner sells his/her property, the seller shall promptly notify the Association’s Treasurer of the closing date of the sale, along with the name, address, and telephone number of the buyer. Similarly, the buyer should establish contact with the Treasurer as soon as practicable after taking possession of his/her property. This assures that the appropriate party will receive subsequent correspondence.
5. It is important that Association members read, understand, and abide by the Restrictive Covenants. If they have not received a copy of the Restrictive Covenants and/or By-Laws, they should contact a member of the Executive Committee and request a copy.
6. It is essential that all members of the Association maintain the security of the development. Therefore, Association members should be judicious about sharing the gate code to allow only trusted individuals and contractors access to Indian Camp Mountain.
7. A homeowner who enters into a long-term (more than three months) rental agreement on his/her property shall inform the Vice President and provide necessary contact information for this tenant as soon as practicable after executing the lease, which lease includes a reference to provisions of the Association By-Laws and Restrictive Covenants.
8. If an issue arises on a particular lot that adversely affects the Association’s roadways, the property owner of that lot is obligated to work with the Executive Committee to address the problem to see that it is corrected.
9. Property owners who elect to combine two or more lots shall obtain a new deed from the Transylvania County Property Tax office reflecting such combination and shall provide a copy of the new deed to the Association Treasurer before a roads fee adjustment will be made.
SECTION I
The Indian Camp Mountain Property Owners Association, hereinafter called "the Association", shall consist of persons who own one or more tracts of land that have been accepted by the Association.
The purpose of the Association is to maintain the Restrictive Covenants and By-Laws. The Association will meet annually to approve amendments to the Covenants and By-Laws and to elect directors and officers to act on its behalf, as well as to address other pertinent business of the Association.
Officers will include a President, Vice-President, Secretary, and Treasurer (all non-compensated), each of whom will also be a director. These officers collectively, along with the Chairperson of the Roads Committee, will henceforth be referred to as the Executive Committee of the Association.
Each officer has duties and responsibilities as outlined in these By-Laws. The officers of the Executive Committee have the collective authority and responsibility to take necessary action in the event any officer fails to perform his/her duties.
All members of committees other than the Executive Committee will be collectively responsible to take necessary action in the event any member fails to perform his/her duties.
AMENDMENTS TO THE BY-LAWS
The By-Laws can be amended only by a 2/3-majority of voting Association members.
THE EXECUTIVE COMMITTEE
- Consists of the President, Vice President, Secretary, Treasurer, and Chairperson of the Roads Committee.
2. Shall each serve a term of office of two (2) years, with President, Secretary, and Roads Chair being elected to serve terms beginning in odd-numbered years, and Treasurer and Vice President serving terms beginning in even-numbered years. Officers may serve as many terms as they are willing to serve and for which they are re-elected. Any officer who chooses not to serve any portion of his/her term will be replaced via Executive Committee action and election at the next annual meeting.
3. May have only one member from a given household or family hold elected office during the same term.
4. Has the authority and responsibility to act on behalf of Association members as follows:
a. Take immediate action on any emergency that pertains to the Restrictive Covenants of the Association.
An emergency may be defined as any unanticipated situation that renders our roadways hazardous or
unusable. This would include, but not be limited to, damage from storms, floods, fires, accidents, or acts
of God.
b. Review, select and initiate contracts presented by the Roads Committee for routine road maintenance.
c. Approve action on any unpaid road maintenance fees reported to the Committee by the Treasurer (see
item 6. under Treasurer).
d. Approve by majority (3 out of 5) vote of Committee members all decisions, including expenditures. All
decisions must be documented and kept on file with regular minutes of all convened meetings.
e. Meet at least once per quarter, and a record of time, place, attendance and decisions shall become part of
the permanent minutes file.
f. Maintain a permanent file of minutes of all committee meetings.
g. Set time, place and date of the annual Association meeting and inform all members through the
Secretary’s Letter at least 30 days prior to the meeting date, currently scheduled for the third Saturday in
the month of October in any given year.
h. Covenant Violations: A property owner who wishes to notify the Executive Committee of a possible
covenant violation should put their concerns in writing, with the date of the complaint and their signature.
Upon notification or recognition of a possible Restrictive Covenant violation, the Executive Committee
will analyze the situation and, if it is determined that a property owner is in violation of a Restrictive
Covenant, the Executive Committee will contact the responsible property owner either in person or by
telephone in an attempt to resolve the matter. If a mutually agreed upon resolution cannot be
determined, the Executive Committee will follow up by certified letter describing the violation,
requesting the property owner correct the problem, and specifying a date by which the violation be
corrected. If written communication does not result in corrective action and affected property owners
want to pursue resolution, they must do so at their own expense.
DUTIES, RESPONSIBILITIES, AND FUNCTIONS OF THE OFFICERS OF THE ASSOCIATION
PRESIDENT
1. Preside over all Association meetings.
2. Preside over all Executive Committee meetings.
3. Be an Ex-Officio member of all other committees (to include voting privileges).
4. Notify all Association members of the names and telephone numbers of persons to contact concerning Association business.
5. Contact all members of the Executive Committee concerning any emergency as defined under “Executive Committee, 4. a.” above.
6. Obtain a copy of the minutes from all committee meetings and review them for follow-up and establish a permanent file for the Executive Committee.
VICE-PRESIDENT
1. Assist the President as needed.
2. Function as President in the absence of the President.
3. Maintain current updated list of the following:
a. Property Owner’s name, address and contact information.
b. Each lot by number, acreage, road maintenance fee, and owner.
4. Provide the President, Secretary and Treasurer a current list for road maintenance invoices to be sent to property owners.
5. Be responsible for recruiting members of the Nominating Committee at least 90 days prior to the annual meeting date each year.
6. Contact new POA members welcoming them to the Association and providing them with copies of the By-laws and Restrictive Covenants along with other information deemed of value to new property owners in the development.
SECRETARY
1. Record minutes of all Association and Executive Committee meetings, and maintain a permanent file.
2. Prepare and distribute a mailing no later than 30 days prior to the date of the annual Association members’ meeting to report time, date, place, and agenda of the annual meeting. This report shall also include the following:
a. Any proposed amendments to the Covenants and By-Laws.
b. The Nominating Committee’s proposed slate of Officers.
c. The Treasurer’s Report.
d. An up-date on the status of road maintenance and landscaping.
e. The status of any reported problems.
f. Any other matters that must be voted on.
3. Record attendance and proxy votes at annual meetings.
4. Make copies of all Association meeting minutes and distribute to members of the Executive Committee and to members of the Association.
5. Make copies of all Executive Committee meeting minutes and distribute to members of the Executive Committee.
6. Prepare and mail not later than 30 days prior to due date invoices to property owners from a list provided by the Vice-President. This mailing shall include minutes of the previous annual property owners meeting.
7. Maintain an Association website for members’ convenience in accessing information regarding the Association.
TREASURER
1. Maintain a monthly, reconciled checking account.
2. Provide to the Executive Committee a monthly, detailed listing of each check number, purpose, and amount.
3. Provide to the Executive Committee a monthly detailed listing of deposits.
4. Indicate on deposit ticket source of income and file a permanent copy.
5. Obtain current property owner road maintenance fee information from Vice-President in order to verify correct payment.
6. Receive roads maintenance fee payments from property owners and denote payment on list prior to deposit.
7. Report to the Executive Committee all road maintenance fees 30 days past due.
8. Upon direction from the other members of the Executive Committee, shall notify, by registered mail, all property owners whose road maintenance fees are more than thirty days past due. If this courtesy notification is ignored for more than thirty additional days, a lien will be placed on the property and the account placed in the hands of a collection agency. If the delinquent property owner fails to provide the appropriate sum and two or more liens on a lot have accumulated, the matter shall be taken to court for judgment and levy against the subject property. It shall be the sole responsibility of the offending property owner to compensate the Association for any and all attorney’s fees and other legal or administrative expenses associated with the collection process.
9. Disburse funds in excess of $200.00 only upon approval from the Executive Committee, except for those disbursements relating to road maintenance work actually performed, in which case approval has already been obtained.
10. Pay bills properly received and approved for payment by the responsible committee member. Such approval is not required for routine monthly bills, which are paid by automatic debit.
11. Provide to area real estate offices and local attorneys an annual notice emphasizing the need to have prospective ICM buyers and closing attorneys contact the Treasurer of the Association and convey pertinent information about the respective property transaction.
12. Contact Vice President with new Association members’ information so that he/she can update the Association member list, as well as provide copies of both Association By-Laws and the Restrictive Covenants, along with any other information deemed relevant, to new members.
13. Collect and safeguard Association members’ ballots as they are received with annual roads fees. When all ballots have been received, Treasurer, along with at least one other member of the Executive Committee, will count ballots and certify the vote. Treasurer will report the result of any elections or votes via The Association website and will maintain a permanent record of such votes.
ROADS COMMITTEE
1. The Roads Committee will be composed of a minimum of five Association members. The Roads Committee Chairperson will be elected from a slate of nominees at the annual meeting, and the elected Chairperson will appoint, subject to the approval of the Executive Committee, the remaining members of the Roads Committee from nominations and/or volunteers at the Association’s annual meeting. Appointed members may be added to or removed from the Roads Committee at any time by the joint agreement of the Roads Committee Chairperson and the Executive Committee. Each member shall have one vote on all matters coming before the committee.
2. The following are the duties, responsibilities, and functions of the Roads Committee:
a. Elect by simple majority vote a Vice-Chairperson from the membership of the committee.
b. The Chairperson will be a member of the Executive Committee.
c. The Vice-Chairperson will act on behalf of the Chairperson in his/her absence.
d. The Chairperson will insure that minutes of the committee meetings are recorded and a copy furnished in a
timely manner to the President for inclusion in the permanent file.
e. The Roads Committee shall:
1.) Insure that an inspection by one or more committee members of all roads, culverts, drainage structures,
and bridges is conducted at least twice a year.
2.) Take appropriate action on road emergencies by determining the extent of the problem. This information
shall be reported to the President as soon as possible, to be followed by a determination of the time and
cost for repairs.
3.) Project the needs for proper routine maintenance and upgrading of roads, culverts, drainage structures,
bridges, and landscaping.
4.) Utilize a preferred provider that has a proven track record servicing ICM, OR obtain multiple bids, when
possible, for all or any portion of maintenance needs. At the discretion of the Executive Committee, an
outside firm may be consulted periodically to assess the condition of the roads and the efficacy of the
maintenance/upgrade plan in current use.
5.) Present all bids and make written recommendations to the Executive Committee for discussion and
approval.
6.) Insure that all work is completed as indicated on the Estimate and Hourly Rate and report on the
progress or lack thereof to the Executive Committee.
7.) Determine acceptability of contract work completed and whether to accept or reject invoices for such
completed work. The Chairperson will forward invoices, both immediate and pending, to the Treasurer.
8.) Maintain a file to indicate current status of all contracts or any work to be performed.
9.) Prepare a report to be mailed to Association members with the annual road maintenance fee billings,
said letter to include the following:
a. Status of road maintenance and landscaping, etc.
b. Reported problems and status thereof.
10.) Establish and maintain Standards for New Roads.
(A new road is defined as any brand-new road, constructed on raw undeveloped land, intended to provide common,
shared, and public vehicular access to property within Indian Camp Mountain. The ICM Standards for New Roads
would be invoked in the event, for example, a large tract of ICM property is subdivided, as limited by the Covenants,
and new public roads are constructed to access the new subdivided properties. Any person building a new road in the
Indian Camp Mountain Development must adhere to current North Carolina DOT Standards at the time of
development. Plans for new roads must be approved by the Roads Committee, and subsequently, by the Executive
Committee prior to construction.)
ELECTIONS AND VOTING
A quorum at any Annual Meeting of the Association shall consist of a simple majority of the possible votes in the Association at that time. A quorum is required to conduct ANY business of the Association. Anything put to a vote must pass by a minimum of 50% + 1 vote of that quorum, represented by those present plus proxy votes
Voting on all business of the Association will take place in two phases:
Phase 1. When the notice of the annual meeting is mailed, it shall include detailed information regarding all business (including proposed changes to by-laws, restrictive covenants, roads fees, or other pertinent matters, and a proposed slate of
Executive Committee members) requiring approval of Association members.
At the annual meeting, attending Association members may discuss and amend the language of proposed changes and present nominations for officers from the floor (provided nominee agrees to be considered).
At the end of the discussion period, attending members (including proxy votes) will agree on final form of written proposals and the proposed slate of officers.
Phase 2. Proposals in their final form, and the final proposed slate of officers, will be mailed in the form of a ballot along with the roads fee invoice. Members should vote on the slate of officers, as well as any other matters that require approval, and return their ballots with payment for the annual roads fee. Those who use on-line banking to pay roads fees should submit their ballots by separate mail. Property owners may cast one vote for each annual road fee that they are assessed (i.e., lots of more than 24 acres are assessed two road fees, thus those owners would have two votes).
Votes must be received by January 15 (deadline for roads fee collection) to be counted. When all ballots have been collected, at least two Executive Committee members will count and record the votes. All measures must pass by a minimum of two-thirds (2/3) of the voting members.
The outcome of all voting will be announced on the Association website and can also be obtained from any Executive Committee member through email or by telephone.
New officers will assume their positions with the first quarter’s Executive Committee meeting.
The Association will use Robert’s Rules of Order in conducting the annual meeting.
NOMINATING COMMITTEE
The Nominating Committee, consisting of a minimum of three Association members, shall be appointed by the Vice President of the Executive Committee.
The appointment of the Nominating Committee will take place at least 90 days prior to the Annual Meeting of the Association. The Executive Committee will provide general guidance to the Nominating Committee, but in no case shall the Executive Committee attempt to exert any influence on the Nominating Committee regarding personalities or selection of individual nominees. Any property owner in arrears to the Association is not permitted to hold elected office or any appointed position. Only one member of a family or household at a time may hold elected office. All current members of the
Executive Committee should be contacted to determine whether any or all agree to stand for re-election.
The Nominating Committee shall present to the Executive Committee a slate of nominees for Association Officers (President, Vice-President, Secretary, Treasurer, and Roads Committee Chairperson) no less than 45 days prior to the annual meeting.
SECTION II
MEMBER RESPONSIBILITIES
1. Members of the Association are expected to pay their annual roads fee by date due each year.
2. When possible, Association members should clear out culverts near their property. Clear culverts divert water away from roadways, prolonging the life of the roads and saving the Association the cost of hiring professionals to do the clearing.
3. Members of the Association should make every effort to attend the annual meeting each year in October. Those unable to attend the meeting should provide a signed proxy to an Executive Committee Member, or another Association member who will be attending the meeting, to represent their interests and vote on their behalf. Without a quorum (in person and by proxy), Association business cannot be conducted.
4. Whenever a home or lot owner sells his/her property, the seller shall promptly notify the Association’s Treasurer of the closing date of the sale, along with the name, address, and telephone number of the buyer. Similarly, the buyer should establish contact with the Treasurer as soon as practicable after taking possession of his/her property. This assures that the appropriate party will receive subsequent correspondence.
5. It is important that Association members read, understand, and abide by the Restrictive Covenants. If they have not received a copy of the Restrictive Covenants and/or By-Laws, they should contact a member of the Executive Committee and request a copy.
6. It is essential that all members of the Association maintain the security of the development. Therefore, Association members should be judicious about sharing the gate code to allow only trusted individuals and contractors access to Indian Camp Mountain.
7. A homeowner who enters into a long-term (more than three months) rental agreement on his/her property shall inform the Vice President and provide necessary contact information for this tenant as soon as practicable after executing the lease, which lease includes a reference to provisions of the Association By-Laws and Restrictive Covenants.
8. If an issue arises on a particular lot that adversely affects the Association’s roadways, the property owner of that lot is obligated to work with the Executive Committee to address the problem to see that it is corrected.
9. Property owners who elect to combine two or more lots shall obtain a new deed from the Transylvania County Property Tax office reflecting such combination and shall provide a copy of the new deed to the Association Treasurer before a roads fee adjustment will be made.
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STANDARDS FOR NEW ROADS
It is an objective of the Association to achieve and maintain an effectively well-drained road network on Indian Camp Mountain. To this end, the drainage scheme on new roads will provide effective, efficient drainage of spring water, rain run-off, and/or snowmelt from banks and road surfaces into well-shaped ditches which are protected with rock from excessive scouring and erosion; and thence into well-draining culverts and/or other drainage structures; and thence away from the road beds, bases, subgrades, and/or foundations.
The following standards will apply to roads not currently falling within the maintenance responsibility of the Association. No road will be accepted by the Association unless it meets all these standards. Any acceptance of new roads shall be fully documented, and the papers kept on file with both the Roads Committee and the Executive Committee.
a. Dimensions: Roadways will be a minimum of 18 feet ditch to ditch; where topography makes this
dimension physically impossible, adequate turn-offs will be provided at either end of the restricted width
so as to allow vehicles to safely park in the face of on-coming traffic. In any event, the restricted-width
section of road must be wide enough to allow passage of a 20-ton dump truck and may not be longer in
length than 50 yards without providing additional turn-offs.
b. Crown: A crown of at least six (6) inches will be required on all roads, except that where topography
and drainage require it, a super-elevation of at least six (6) inches will be provided on one side of the road.
c. Road Surfaces: Rock and gravel will be applied to road surfaces to the extent that they will fall within
the generally accepted definition of "all-weather gravel roads". Road surfaces will be well-compacted,
smooth, and free of ruts, bumps, ripples, potholes, soft spots, and signs of erosion.
d. Trafficability: All roads will be free of barriers or obstacles which may impede free and easy vehicular
traffic.
e. Foundations, Subgrades, and Bases: Foundations, subgrades, and road bases will be designed and
constructed to allow passage of a 20-ton vehicle without evidence of displacement, pumping, or other
signs of stress or failure. Foundations, subgrade, and bases will be constructed in accordance with
generally accepted practices for all-weather gravel roads, will be free of organic matter, and will be
guaranteed by the owner for a period of 18 months from failure due to poor design or construction (but
not from poor maintenance).
f. Bridges: Bridges will be designed and constructed to a 20-ton capacity. In addition, bridges will have
hand rails on each side to as to provide safe crossing to pedestrians but sufficiently far apart or low
enough to allow passage of a 20-ton dump truck.
g. Culverts: Culverts in general will be adequate to handle the run-off of the water for which they were
installed, and in this sense the average annual rainfall for the region will be a design criterion. They will
be designed, constructed, and of a material to allow passage of 20-ton vehicles without deflection,
bending, cave-in, or other damaging stress to the culvert, and will be guaranteed by the owner for 18
months from failure or significant deterioration (assuming proper maintenance by the Association
during that 18 month span).
h. Ditches: Ditches will be well-shaped and protected with rock and/or gravel from scouring and erosion,
and will be sized to carry run-off using criteria based on the average annual rainfall for the region as well
as on the structures carrying run-off to the ditches.
i. New roads which become recorded rights-of-way must be brought up by the owner to the standards
outlined herein and must be maintained by the owner for a period of 18 months from the time of
recording before the Association will assume responsibility for such roads. Guarantees mentioned
heretofore will begin at the time the Association assumes responsibility for the roads.
It is an objective of the Association to achieve and maintain an effectively well-drained road network on Indian Camp Mountain. To this end, the drainage scheme on new roads will provide effective, efficient drainage of spring water, rain run-off, and/or snowmelt from banks and road surfaces into well-shaped ditches which are protected with rock from excessive scouring and erosion; and thence into well-draining culverts and/or other drainage structures; and thence away from the road beds, bases, subgrades, and/or foundations.
The following standards will apply to roads not currently falling within the maintenance responsibility of the Association. No road will be accepted by the Association unless it meets all these standards. Any acceptance of new roads shall be fully documented, and the papers kept on file with both the Roads Committee and the Executive Committee.
a. Dimensions: Roadways will be a minimum of 18 feet ditch to ditch; where topography makes this
dimension physically impossible, adequate turn-offs will be provided at either end of the restricted width
so as to allow vehicles to safely park in the face of on-coming traffic. In any event, the restricted-width
section of road must be wide enough to allow passage of a 20-ton dump truck and may not be longer in
length than 50 yards without providing additional turn-offs.
b. Crown: A crown of at least six (6) inches will be required on all roads, except that where topography
and drainage require it, a super-elevation of at least six (6) inches will be provided on one side of the road.
c. Road Surfaces: Rock and gravel will be applied to road surfaces to the extent that they will fall within
the generally accepted definition of "all-weather gravel roads". Road surfaces will be well-compacted,
smooth, and free of ruts, bumps, ripples, potholes, soft spots, and signs of erosion.
d. Trafficability: All roads will be free of barriers or obstacles which may impede free and easy vehicular
traffic.
e. Foundations, Subgrades, and Bases: Foundations, subgrades, and road bases will be designed and
constructed to allow passage of a 20-ton vehicle without evidence of displacement, pumping, or other
signs of stress or failure. Foundations, subgrade, and bases will be constructed in accordance with
generally accepted practices for all-weather gravel roads, will be free of organic matter, and will be
guaranteed by the owner for a period of 18 months from failure due to poor design or construction (but
not from poor maintenance).
f. Bridges: Bridges will be designed and constructed to a 20-ton capacity. In addition, bridges will have
hand rails on each side to as to provide safe crossing to pedestrians but sufficiently far apart or low
enough to allow passage of a 20-ton dump truck.
g. Culverts: Culverts in general will be adequate to handle the run-off of the water for which they were
installed, and in this sense the average annual rainfall for the region will be a design criterion. They will
be designed, constructed, and of a material to allow passage of 20-ton vehicles without deflection,
bending, cave-in, or other damaging stress to the culvert, and will be guaranteed by the owner for 18
months from failure or significant deterioration (assuming proper maintenance by the Association
during that 18 month span).
h. Ditches: Ditches will be well-shaped and protected with rock and/or gravel from scouring and erosion,
and will be sized to carry run-off using criteria based on the average annual rainfall for the region as well
as on the structures carrying run-off to the ditches.
i. New roads which become recorded rights-of-way must be brought up by the owner to the standards
outlined herein and must be maintained by the owner for a period of 18 months from the time of
recording before the Association will assume responsibility for such roads. Guarantees mentioned
heretofore will begin at the time the Association assumes responsibility for the roads.