Ashley Woods POA

Governing Documents

The documents governing the Ashley Woods subdivision and the Property Owners Association are listed below.  These documents are recorded with the Buncombe County Register of Deeds.  Official copies can be obtained by visiting the Register of Deeds office in downtown Asheville.  

Declaration of Terms, Conditions, Restrictions & Protective Covenants (TCR&PC) and By-Laws (6/13/00)
First Amendment to Declaration of TCR&PC (8/31/01)
Supplemental Declaration of TCR&PC (12/1/03)
Supplemental Declaration of TCR&PC (1/20/06)
Assignment of Developer's Rights (1/20/06)

Additionally, pursuant to Article 12.1 of the By-Laws, the Board has established Rules and Regulations to address fines, parking, pets, rentals, signs and architectural control.

The following By-Law was amended to read as follows and approved at the April 2, 2008 Special Meeting.

Article 5.2 - Number and Qualifications of Directors - The Board shall consist of a minimum of three (3) but not more than seven (7) natural persons, as determined in the sole discretion of Developer during the Developer Control Period and thereafter by a majority of the current Board members. During the Developer Control Period, a Director need not be a member of the Association or be a resident of North Carolina. A Board member may be the Developer or a representative of Developer. After the Developer Control Period expires, a Director must be a Lot Owner or the individual nominee of a Lot Owner which is other than an individual. The Board shall promulgate a policy of staggered terms to ensure that no than more two (2) board members rotate off in any given year.

The following two By-Laws were amended to read as follows and approved at the December 2008 Annual Meeting.

Article 11.0 – Amendment – During the Developer Control Period, the power to alter, amend, or repeal the Bylaws or adopt new Bylaws shall be vested in the Board with Developer approval being necessary for any particular change.  After the Developer Control Period has expired, the amendment of Bylaws or adoption of new Bylaws can only occur at a regular meeting of the members where quorum is met either in person or via proxy and shall require an affirmative vote of sixty-seven percent (67%) of the members of this quorum to such changes.

Article 5.4 – Term – The term of the Directors during the Developer Control Period shall be in the sole discretion of Developer.  After the Developer Control Period has expired, the term of the Directors shall be for two (2) years.  No Director may serve more than three (3) consecutive terms.  Once elected, a Director shall hold office until his successor has been duly elected and has qualified.