Articles of Incorporation – Amendment Passed
Issue: To amend the Kenmure Property Owners Association Articles of Incorporation Section 2.c. by DELETING the second sentence of the subsection (which is in BOLD):
Section 2.c. To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, manage, 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. However, it shall not be a purpose of the corporation, and the corporation is not authorized to acquire or manage the Kenmure Country Club.
Number of Eligible Votes: 825
Total Number of Votes Cast: 542
Number of YES Votes Required to Pass
67% of Votes Cast: 364 OR 51% of Eligible Votes: 421
Number of YES Votes: 480
Many thanks to all Kenmure property owners for your consideration of the issue and for casting your vote. Thanks also to the KPOA Election Committee for its expert handling of the voting process.
— Your KPOA Board & Long Range Planning Committee
KPOA Articles of Incorporation (Full Text)
To acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, manage, 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. However, it shall not be a purpose of the corporation, and the corporation is not authorized, to acquire or manage the Kenmure Country Club.
Letter from the KPOA Board
Dear Kenmure Property Owners,
Kenmure property owners love and admire our unique location in WNC. We remember our first entry into Kenmure as we passed through the security gate and were surrounded by a picturesque moment with the mountains, golf course and the majestic Kenmure Clubhouse. We quickly realized the importance of the country club and its positive impact on the value of our homes and properties.
The Kenmure community is fortunate that Lee King found an investor, Steven Schorr, who has promised to take KCC to the next level. This is noted by his investment into the club and amenities while contracting with Kemper Sports to manage the club. I believe we are lucky as property owners that we have such a favorable outcome.
Unfortunately, nothing in life is guaranteed! We hope Steven and Kemper continue to make our Club the most attractive and sought after private golf club in WNC. That would be in the best interest of all Kenmure property owners. However, we can’t be guaranteed what the future holds and therefore, your KPOA board is asking you to make an important change to the Articles of Incorporation (AOI).
I encourage all property owners to take the time to review the information below. The change in the AOI will give future Boards the ability, if the club ever comes on the market again, the opportunity to be proactive and engaged in conversations about the future of the club with Steven Schorr. The AOI change being requested, “DOES NOT” allow the Board to acquire or manage the Club without a proposal passed by 67% of all property owners sometime in the future.
Your KPOA Board and the Long Range Planning Committee (LRPC) fully support this change in the KPOA Articles of Incorporation.
Thank you for your support!
Brian McCormick, KPOA President
Why The KPOA Articles of Incorporation Should Be Amended
As Kenmure property owners, our Kenmure Property Owners Association (KPOA) Board has a limited ability to engage and/or influence the outcome of a future Kenmure Country Club (KCC) ownership change. A minor change to the KPOA Articles of Incorporation (AOI) is needed to give property owners, via the KPOA Board (if they elect), the ability to realistically participate in discussions related to future endeavors associated with KCC’s future should such an opportunity occur.
- GOAL: One of KPOA’s goals is to help preserve Kenmure property values.
- The impact of a country club on property values was explored in the 2021 Resort Development Partners (RDP) Study commissioned by KPOA. The Study showed that a strong and vibrant club was important to preserve and protect property values. In addition, property owner associations that proactively planned and participated in a club ownership transition had a better outcome than those who did not.
- The Long Range Planning Committee conducted property owner focus groups in September 2022 regarding the sale of KCC. Most focus group participants preferred more local control via Kenmure residents and/or KCC members over outside private investors or a corporation.
- The Kenmure Country Club and Kenmure Enterprises (real estate) were sold in December 2022 to an outside private investor.
- While KPOA is optimistic that ownership of KCC will continue to fit with the new owner’s investment portfolio and the management company will continue Kenmure’s best traditions and make the Club even better, KPOA must continue to plan for the future.
- The KPOA AOI includes the following phrase: “it shall not be a purpose of KPOA and KPOA is not authorized to acquire or manage the Kenmure Country Club.” Removing the AOI restriction will give KPOA and our property owners the ability to engage, discuss and interact in business initiatives that could impact new ownership or management of KCC.
- By voting YES on this amendment, your KPOA assessment will not increase.
This amendment, if approved, does not authorize KPOA to purchase or manage KCC. If property owners elect sometime in the future, a supermajority (67%) of all Kenmure property owners would be required to amend the Kenmure Declaration to establish the structure of any acquisition, its funding, and, of course, future operation.
Additional Information: AOI Powerpoint
Information Meetings to Discuss this Proposal – RSVP Required – Invitations have been emailed to all property owners
•Monday, July 17 at 1 PM and 4 PM at the Flat Rock Village Hall
•Monday, July 31 at 2 PM and 6 PM at the Flat Rock Village Hall
•Tuesday, August 8 at 1 PM and 4 PM at the KCC Charleston Room
Voting – By written or electronic ballot between Aug 12 – 25. Passage requires 67% of the votes cast or 51% of all eligible votes, whichever is less. (NC Nonprofit Corporation Act, Chapter 55A, Article 10)
Results – Disseminated by KPOA email on September 1.
TO AMEND KPOA’s ARTICLES OF INCORPORATION
TO ALLOW PROPERTY OWNERS TO REALISTICALLY PARTICIPATE IN DISCUSSIONS
IN ORDER TO PRESERVE KENMURE PROPERTY VALUES.
Questions: Contact John Gerni, firstname.lastname@example.org – (260) 433-3113