53 178 Book 6258 Page 2730 1 BK: RB 6258 PG: 2730-2783 RECORDED: 10-31-2019 10:35:45 AM 2019035623 NEW HANOVER COUNTY, NC TAMMY THEUSCH BEASLEY BY: ANDREA CRESWELL ASSISTANT REGISTER OF DEEDS DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS FOR AIRLIE AT WRIGHTSVILLE SOUND NC FEE $178.00 THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS.
Prepared by Ward and Smith, P.A., University Corporate Center, 127 Racine Drive, Wilmington, NC 28403-8705· Please return to Ward and Smith, P.A., University Corporate Center, 127 Racine Drive, Wilmington, NC 28403-8705 i Book 6258 Page 2731 Table of Contents 1.1 1.2 Article 1: Definitions.
Act.......
Articles of Incorporation.
1.3 Assessment..
1.4 Association.
1.5 Association Documents 1 1 1 1 1 1.8 1.9 1.10 Bylaws 1.11 1.12 1.13 1.14 1.15 1.6 1.7 Benefited Assessment.
Board of Directors or Board Builder..
Business and Trade.
Common Elements.
Common Expenses........
Community-Wide Standard Contiguous Property.
Covenant to Share Costs..
1 2 2 2 2 2 .2 2 .2 1.16 Declarant.
1.17 Declaration.
1.18 Design Guidelines..
1.19 Development Period..
1.20 Dwelling Unit.....
1.21 1.22 1.23 Lot..
1.24 Landscaping Limited Common Elements Member 1.25 Mortgage.
1.26 Mortgagee 1.27 Owner..
1.28 Permit....
1.29 Person..
1.30 Project 1.31 Property.
1.32 Register of Deeds.
1.33 1.34 Stormwater Management Facilities Supplemental Declaration 1.35 Upkeep 1.36 Use Restrictions 1.37 Utility Company...
Article 2: Property Rights 2.1 Common Elements...
3 3 3 3 3 3 3 3 3 3 4 4 4 .4 4 4 4 4 4 4 4 5 5 5 5 i Book 6258 Page 2732 2.2 Limited Common Elements.
Article 3: Association Function, Membership and Voting Rights ..
Function of Association.
6 6 3.1 3.2 Membership 3.3 Voting.
4.1.
4.2
4 4 4 4 5 5 5 5 i Book 6258 Page 2732 2.2 Limited Common Elements.
Article 3: Association Function, Membership and Voting Rights ..
Function of Association.
6 6 3.1 3.2 Membership 3.3 Voting.
4.1.
4.2 Article 4: Association Rights, Obligations and Services..........
Personal Property and Real Property for Common Use ..
Implied Rights; Board Authority.
4.3 Dedication of Common Elements.
4.4 Disclaimer of Liability.
4.5 Safety 4.6 Provision of Services 4.7 4.8 4.9 Change of Use of Common Elements...
View Impairment .
Relationship with Tax-Exempt Organizations.
Article 5: Maintenance Association's Responsibility.
5.1 5.2 Owner's Responsibility.
5.3 Standard of Performance..
6.1 6.2 Article 6: Insurance and Casualty Losses Association Insurance.
Association Policy Requirements.
6.3 Owner's Insurance....
6.4 Loss Adjustment, Repair and Proceeds Article 7: No Partition Article 8: Permit: Transfer, Responsibilities and Covenants.
Transfer to and Acceptance by Association 8.1 8.2 8.3 8.4 8.5 Association Indemnification.
Administration of Permit.
Easement for Upkeep and Enforcement Permit Covenants..
..............
Article 9: Annexation and Withdrawal of Property..
9.1 9.2 9.3 Annexation Without Approval of Membership.
Annexation With Approval of Membership.
Withdrawal of Property......
ii 6 6 6 7 7 7 7 7 8 9 9 9 9 10 10 11 11 11 11 12 14 14 14 15 15 15 15 15 16 17 17 17 17 Book 6258 Page 2733 9.4 - 9.5 Additional Covenants and Easements.
Amendment.......
9.6 Additional Members.
Article 10: Assessments..
10.1 Creation of Assessments.
10.2 10.3 10.4 10.5 10.6 Declarant's Obligation for Assessments Computation of Annual Assessment..
Reserve Budget and Special Reserve Assessment..
Benefited Assessments...
Date of Commencement of Assessments.
10.7 Lien for Assessments.
10.8
igation for Assessments Computation of Annual Assessment..
Reserve Budget and Special Reserve Assessment..
Benefited Assessments...
Date of Commencement of Assessments.
10.7 Lien for Assessments.
10.8 Acceleration.
10.9 Failure to Assess.
10.10 Exempt Property.
10.11 Initial Working Capital Fund.
17 17 18 ..........
18 18 19 19 20 20 20 .21 21 .21 21 22 Article 11: Architectural and Design Standards .....
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 General..
Architectural and Design Review.
Guidelines and Procedures....
Submission of Plans and Specifications No Waiver of Future Approvals.
Variances Limitation of Liability..
Enforcement.....
Article 12: Plan of Development and Use Restrictions.
Plan of Development: Applicability: Effect Authority to Promulgate Use Restrictions and Rules Owners' Acknowledgment.
12.1 12.2 12.3 12.4 Use Restrictions.
12.5 Rights of Owners 22 22 22221 23 24 .25 25 25 25 Article 13: Easements.
13.1 Easements of Encroachment.
29 13.2 Easements for Utilities, Etc...
29 13.3 Easements to Serve Contiguous Property.
.29 13.4 Development and Other Easements.
13.5 Easements for Cross-Drainage....
13.6 Right of Entry.
13.7 Easements for Maintenance and Enforcement...
13.8 Rights to Stormwater Runoff, Effluent and Water Reclamation.
26 26 27 27 22222222 2 22222388 30 30 30 30 30 iii Book 6258 Page 2734 Article 14: Mortgage Provisions......
31.
14.1 Notices of Action.
14.2 No Priority 14.3 Notice to Association.
Article 15: Declarant's Rights.......
333 .31 31 31 31 15.1 Declarant's Rights.
31 15.2 Transfer of Declarant's Rights 32 15.3 Modification of Development Plan.
32 15.4 Development Easements..
.32 15.5 Marketing and Sales..
.33 15.6 Declarant Approval to Changes in Association Documents..
33 15.7 Unimpeded Access..
.34 15.8
3 Modification of Development Plan.
32 15.4 Development Easements..
.32 15.5 Marketing and Sales..
.33 15.6 Declarant Approval to Changes in Association Documents..
33 15.7 Unimpeded Access..
.34 15.8 Additional Declarations/Restrictions.
.34 15.9 Governmental Interests.
34 15.10 Termination of Declarant's Rights 34 Article 16: Compliance and Enforcement.
34 16.1 General Remedies.
16.2 Enforcement/Sanctions.
16.3 Self-Help Remedies 16.4 16.5 16.6 34 34 35 Cumulative Remedies/Attorneys' Fees.
Association's Right Not to Take Action Enforcement by Owner..
Article 17: General Provisions........
35 35 35 35 17.1 Term.
17.2 Amendment..
17.3 Litigation 17.4 Hearing Procedures..
17.5 Severability...
17.6 17.7 17.8 35 36 36 .37 38 Use of the Words Airlie at Wrightsville Sound.
Notice of Sale or Transfer of Title..
Attorneys' Fees..........
EXHIBIT "A" - Initial Property 1 EXHIBIT "B" - Maximum Allocated Built-Upon Area EXHIBIT "C" - Use Restrictions 38 38 39 iv Book 6258 Page 2735 DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS FOR AIRLIE AT WRIGHTSVILLE SOUND THIS DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS FOR AIRLIE AT WRIGHTSVILLE SOUND ("Declaration") is made this 29th day of OCTOber 2019, by Airlie at Wrightsville Sound, LLC a North Carolina limited liability company (herein referred to as the "Declarant"); and ALL PROSPECTIVE PURCHASERS AND OWNERS of real property within the planned community generally known as "Airlie at Wrightsville Sound."
WHEREAS, Declarant is the owner in fee simple of the real property described in Exhibit "A", which is attached hereto and incorporated herein by reference, and desires to create a planned community pursuant to the provisions of Chapter 47F of the General Statutes of North
ibed in Exhibit "A", which is attached hereto and incorporated herein by reference, and desires to create a planned community pursuant to the provisions of Chapter 47F of the General Statutes of North Carolina and impose upon the Property (as defined in Article 1) mutually beneficial restrictions under a general plan of improvement for the benefit of the owners of each portion of the Property and establishes a flexible and reasonable procedure for the overall development, administration, maintenance and preservation of the Property; and, WHEREAS, Declarant hereby declares that all of the Property and any additional property subjected to this Declaration by Supplemental Declaration (as defined in Article 1) shall be held, sold, used and conveyed subject to the Act (as defined in Article 1) and to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the desirability of, and which shall run with, the real property subjected to this Declaration. This Declaration shall be binding on and shall inure to the benefit of all parties having any right, title, or interest in the Property or any part thereof, their heirs, successors, successors-in-title, and assigns.
Article 1.
Definitions.
The terms used in this Declaration shall generally be given their natural, commonly accepted definitions except as otherwise specified. Capitalized terms shall be defined as set forth below.
1.1 "Act": Chapter 47F of the General Statutes of North Carolina designated as the North Carolina Planned Community Act.
1.2 "Articles of Incorporation": The Articles of Incorporation of Airlie at Wrightsville Sound Owners Association, as filed with the North Carolina Secretary of State.
1.3 "Assessment": Assessments levied on all Lots to fund the Common
e Articles of Incorporation of Airlie at Wrightsville Sound Owners Association, as filed with the North Carolina Secretary of State.
1.3 "Assessment": Assessments levied on all Lots to fund the Common Expenses.
1.4 "Association": Airlie at Wrightsville Sound Owners Association a North Carolina nonprofit corporation, its successors and assigns.
1.5 "Association Documents": Collectively the Articles of Incorporation of the Association, the Bylaws of the Association, this Declaration, the Rules and Regulations, and any resolution adopted by the Board, all as may be amended, restated and revised from time to Book 6258 Page 2736 time. Any exhibit, schedule or amendment to an Association Document shall be considered a part of that document.
1.6 "Benefited Assessment": Assessments levied under Section 10.5.
1.7 "Board of Directors" or "Board": The body responsible for administration of the Association selected as provided in the Bylaws.
1.8 "Builder": Any Person who purchases one or more Lots for the purpose of constructing Dwelling Units for resale to consumers in the ordinary course of its business.
1.9 "Business and Trade": Shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to Persons other than the family of the producer of such goods or services and for which the producer receives a fee, compensation, or other form of consideration, regardless of whether: (a) such activity is engaged in full or part-time, (b) such activity is intended to or does generate a profit, or (c) a license is required.
1.10 time to time.
"Bylaws": The Bylaws of the Association as they may be amended from
d in full or part-time, (b) such activity is intended to or does generate a profit, or (c) a license is required.
1.10 time to time.
"Bylaws": The Bylaws of the Association as they may be amended from 1.11 "Common Elements": All real and personal property in which the Association now or hereafter owns, leases or otherwise holds possessory or use rights for the common use and enjoyment of the Owners, including easements held by the Association for those purposes. The term shall include, without limitation, signage, landscape easements as the same may be depicted on recorded maps of the Property, the Driveway (as defined in Section 2.2), landscape medians, roads, alleys, retaining walls, stormwater management system, irrigation system, including a well, wetlands, preservation areas, and parks. The term shall also include any and all permits and other such intangible property including, but not limited to, the Stormwater Management Permit. Notwithstanding this definition, to the extent that the provisions of the Act apply to "Common Elements," including without limitation, the provisions of the N.C. Gen. Stat. § 47F-3-112, those provisions shall only apply to Common Elements as defined in the Act.
1.12 "Common Expenses": Any and all expenditures made by or financial liabilities and obligations of the Association (including ad valorem taxes assessed against the Common Elements, if any), together with any allocations to reserves.
1.13 "Community-Wide Standard": The standard of conduct, upkeep, or other activity generally prevailing throughout the Property. The standard shall be established initially by Declarant and thereafter shall be determined by the Board of Directors and the Architectural
other activity generally prevailing throughout the Property. The standard shall be established initially by Declarant and thereafter shall be determined by the Board of Directors and the Architectural Committee (as defined in Section 11.2(a)). The standard may contain both objective and subjective elements, and may evolve and change as development progresses and as the needs and desires within the Property change.
2 Book 6258 Page 2737 1.14 "Contiguous Property": Any property of which a portion adjoins or borders the Property or which is separated from the Property only by roads, rights-of-way, or natural boundaries.
1.15 "Covenant to Share Costs": Any declaration of easements and covenant to share costs executed by Declarant and recorded in the Register of Deeds which creates easements for the benefit of the Association and the present and future owners of the real property subject to the Declaration and which obligates the Association and such owners to share the costs of maintaining certain property described therein.
1.16 "Declarant": Airlie at Wrightsville Sound, LLC, a North Carolina limited liability company, or any successor, successor-in-title, or assignee thereof, which has or takes title to any portion of the Property described on Exhibit "A" or any other property made subject to this Declaration for the purpose of development and/or resale in the ordinary course of business and who is designated as Declarant in a recorded instrument executed by the immediately preceding Declarant.
1.17 "Declaration": This Declaration, any Supplemental Declaration as may be applicable to separate portions of the Property, any exhibit, schedule or amendment thereto, all as may be amended, restated and revised from time to time.
tion, any Supplemental Declaration as may be applicable to separate portions of the Property, any exhibit, schedule or amendment thereto, all as may be amended, restated and revised from time to time.
1.18 "Design Guidelines": The architectural, design, development, and other guidelines, standards, controls, and procedures including but not limited to, application and review procedures, adopted pursuant to Article 11 and applicable to the Property.
1.19 "Development Period": The period ending on the earliest of (a) twenty-five (25) years from the date this Declaration is recorded in the Register of Deeds or (b) the date specified by Declarant in a written notice to the Association that the Development Period is to terminate on that date so stated.
1.20 "Dwelling Unit": Any building or structure or portion of a building or structure situated upon a Lot which is intended for use and occupancy as an attached or detached residence for a single family.
1.21 "Landscaping": Living plants, shrubs, trees, vegetation, ground coverings (including grass and sod) and appurtenant live/growing vegetative materials, straw, mulches, composting materials, pools (other than swimming pools), ornamental ponds, ornamental structures and any other living or non-living material or structure reasonably constituting a part of any or all of the foregoing installed upon a Lot.
1.22 "Limited Common Elements": A portion of the Common Elements allocated by this Declaration or by operation of law for the exclusive use of one (1) or more but fewer than all of the Lots. Limited Common Elements may also be shown on any map of the Project recorded in the Register of Deeds.
1.23 "Lot": A portion of the Property, whether improved or unimproved, other
han all of the Lots. Limited Common Elements may also be shown on any map of the Project recorded in the Register of Deeds.
1.23 "Lot": A portion of the Property, whether improved or unimproved, other than Common Elements and property dedicated to the public, which may be independently owned and conveyed and which is separately identified on a map of all or any portion of the 3 Book 6258 Page 2738 Property recorded in the Register of Deeds. The term shall refer to the land, if any, which is part of the Lot as well as any improvements thereon including but not limited to the Dwelling Unit.
For all purposes set forth in the Association Documents, a Lot comes into existence on the later of recordation in the Register of Deeds of (i) a map or plat depicting said Lot or (ii) a Supplemental Declaration defining and subjecting the proposed Lot to the same and this Declaration.
1.24 "Member": A Person having membership in the Association consistent with Section 3.2 of this Declaration.
1.25 "Mortgage": A mortgage, a deed of trust, a deed to secure debt, or any other form of security deed.
1.26 "Mortgagee": A beneficiary or holder of a Mortgage.
1.27 "Owner": One or more Persons who hold the record title to any Lot, except Persons holding an interest merely as security for the performance of an obligation in which case the equitable owner will be considered the Owner.
1.28 "Permit": North Carolina Stormwater Management Permit No.
2017038R2 issued for the real property described in Exhibit "A", and any additional North Carolina Stormwater Management Permits, applicable to the Property, and any amendments, additions or replacements thereof.
1.29 "Person": A natural person, corporation, limited liability company, partnership, trust, or any other legal entity.
Property.
1.30
Property, and any amendments, additions or replacements thereof.
1.29 "Person": A natural person, corporation, limited liability company, partnership, trust, or any other legal entity.
Property.
1.30 "Project": The Airlie at Wrightsville Sound development located on the 1.31 "Property": The real property described in Exhibit "A," together with such additional property as is subjected to this Declaration in accordance with Article 9.
"Register of Deeds": The office of the Register of Deeds of New Hanover 1.32 County, North Carolina.
1.33 "Stormwater Management Facilities": All areas consisting of ditches and swales, infiltration trenches, level spreader, stormwater filter piping and structures, and other improvements which are constructed pursuant to, and regulated by, the Permit.
1.34 "Supplemental Declaration": An amendment or supplement to this Declaration filed pursuant to Article 9 which subjects additional property to this Declaration and identifies the Common Elements within the additional property, if any, and/or imposes, expressly or by reference, additional restrictions and obligations on the land described therein.
1.35 "Upkeep": Care, inspection, maintenance, operation, repair, repainting, remodeling, restoration, improvement, renovation, alteration, replacement and reconstruction.
4.
Book 6258 Page 2739 1.36 "Use Restrictions": The rules and use restrictions are more fully defined as set forth in Article 12.
1.37 "Utility Company": A public or private company or entity duly licensed and authorized by the North Carolina Utilities Commission to provide utility services within a specified franchise area and any entity providing utility services on behalf of a body politic, municipality or other governmental body or entity.
Article 2.
2.1 Property Rights.
ity services within a specified franchise area and any entity providing utility services on behalf of a body politic, municipality or other governmental body or entity.
Article 2.
2.1 Property Rights.
Common Elements: Every Owner shall have a right and nonexclusive easement, in common with all other Owners, of use, access, and enjoyment in and to the Common Elements, subject to: (a) (b) The Association Documents and any other applicable covenants; Any restrictions or limitations contained in any deed conveying such property to the Association; the following: All applicable provisions of the Act including, but not limited to, (c) (i) The right of the Board to adopt rules, regulations or policies regulating the use and enjoyment of the Common Elements, including rules restricting use of the Common Elements to Owners, their families, lessees and guests, and rules limiting the number of occupants and guests who may use the Common Elements; (ii) The right of the Association to dedicate or transfer all or any part of the Common Elements to governmental entities pursuant to Section 4.3; (iii) (iv) (v) (vi) The right of the Board to impose reasonable requirements and charge reasonable admission, or other fees for the use of any improvements situated upon the Common Elements; The right of the Board to permit use of any part of the Common Elements by Persons other than Owners, their families, lessees and guests upon payment of use fees established by the Board; The right of the Board to create, enter agreements with, grant easements to and transfer portions of the Common Elements to tax-exempt organizations under Section 4.9; The right of the Association to mortgage, pledge, or hypothecate any or all of its real or personal property as 5 Book 6258 Page 2740
the Common Elements to tax-exempt organizations under Section 4.9; The right of the Association to mortgage, pledge, or hypothecate any or all of its real or personal property as 5 Book 6258 Page 2740 security for money borrowed or debts incurred by the Association; and (vii) The right of the Association to convey or encumber portions of the Common Elements as provided in the Act.
(d) The right of the Association to rent or lease portions of the Common Elements on a short-term basis to any Owner for the exclusive use of such Owner and such Owner's family and guests.
2.2 Limited Common Elements. A driveway is located within the Common Elements along the rear of Lots 35 and 36, depicted as "12' Private Access Easement" on the plat recorded in Map Book 67, at Page 55 in the office of the Register of Deeds ("Driveway"). The Driveway is allocated to Lots 35, 36, and 37 as Limited Common Element for the exclusive use of only those Lots. The Association shall provide Upkeep to the Driveway and assess all costs incurred by the Association as a Benefitted Assessment against Lots 35, 36 and 37 and the Owners of those Lots in accordance with Section 10.5.
Article 3.
3.1 Association Function, Membership and Voting Rights.
Function of Association. The Association shall be the entity responsible for management, Upkeep, operation and control of the Common Elements. The Association shall be the primary entity responsible for enforcement of the Association Documents. The Association shall perform its functions in accordance with the Association Documents and North Carolina law. The Association shall have all powers reasonably necessary to perform its functions and obligations described in the Association Documents including, but not limited to,
uments and North Carolina law. The Association shall have all powers reasonably necessary to perform its functions and obligations described in the Association Documents including, but not limited to, all powers set forth in Chapter 55A of the North Carolina General Statutes and the Act.
3.2 Membership. Every Owner shall be a Member of the Association. If a Lot is owned by more than one Person, all co-Owners shall be Members and share the privileges of such membership, subject to reasonable Board regulation, such reasonable fees as may be established under Section 2.1, and the restrictions on voting set forth in Section 3.3 and in the Bylaws, and all such co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners. The membership rights of an Owner which is a corporation, limited liability company, partnership or other legal entity may be exercised by any officer, director, manager, partner, or trustee, or by any other individual designated from time to time by the Owner in a written instrument provided to the Secretary of the Association.
3.3 Voting. All Owners shall have one (1) equal vote for each Lot in which they hold the interest required for membership under Section 3.2, provided, there shall be only one (1) vote per Lot. Except as otherwise specified in this Declaration or the Bylaws or as required by law, the vote for each Lot shall be exercised by the Owner. In any situation in which there is more than one Owner of a particular Lot, the vote for such Lot shall be exercised as such co-Owners determine among themselves and advise the Secretary of the Association in writing prior to any meeting. Absent such notice to the Association, the Lot vote shall be suspended if
ised as such co-Owners determine among themselves and advise the Secretary of the Association in writing prior to any meeting. Absent such notice to the Association, the Lot vote shall be suspended if more than one Person seeks to exercise it. If the co-Owners are unable to agree on how the vote should be cast, it will be disregarded.
6 Book 6258 Page 2741 Article 4. Association Rights, Obligations and Services.
4.1 Personal Property and Real Property for Common Use. The Association may acquire, hold, and dispose of tangible and intangible personal property and real property.
Declarant may convey to the Association improved or unimproved real estate located within the Property, personal property and leasehold and other property interests. Such property shall be accepted by the Association and thereafter shall be maintained as Common Elements by the Association at its expense for the benefit of its Members, subject to any restrictions set forth in the deed, including but not limited to restrictions governing the use of such property.
4.2 Implied Rights; Board Authority. The Association may exercise any right or privilege given to it expressly by the Association Documents or which may be reasonably implied from, or reasonably necessary to effectuate, any such right or privilege. Except as otherwise specifically provided in the Association Documents, or by law, all rights and powers of the Association may be exercised by the Board without a vote of the membership.
4.3 Dedication of Common Elements. The Association may dedicate or grant easements over portions of the Common Elements to any local, state, or federal governmental entity or any Utility Company.
4.4 Disclaimer of Liability. The Association may, but shall not be obligated
easements over portions of the Common Elements to any local, state, or federal governmental entity or any Utility Company.
4.4 Disclaimer of Liability. The Association may, but shall not be obligated to, maintain or support certain activities within the Property designed to promote the health, safety and welfare of Owners and occupants of any Lot.
(a) Notwithstanding anything contained herein or in the Association Documents or the Act, neither the Association, the Board, the management company of the Association, Declarant nor any successor Declarant shall be liable or responsible for, or in any manner a guarantor or insurer of, the health, safety or welfare of any Owner or occupant of any Lot or any tenant, guest or invitee of any Owner or occupant or for any property of any such Persons. Each Owner and occupant of a Lot and each tenant, guest and invitee of any Owner or occupant shall assume all risks associated with the use and enjoyment of the Property.
(b) Neither the Association, the Board, the management company of the Association, Declarant, nor any successor Declarant shall be liable or responsible for any personal injury, illness or any other loss or damage caused by the presence or malfunction of utility lines or utility sub-stations adjacent to, near, over, or on the Property. Each Owner and occupant of a Lot and each family member, tenant, guest, and invitee of any Owner or occupant shall assume all risk of personal injury, illness, or other loss or damage arising from the presence of utility lines or utility sub-stations and further acknowledges that the Association, the Board, the management company of the Association, Declarant or any successor Declarant have made
he presence of utility lines or utility sub-stations and further acknowledges that the Association, the Board, the management company of the Association, Declarant or any successor Declarant have made no representations or warranties, nor has any Owner or occupant, or any family member, tenant, guest, or invitee of any Owner or occupant relied upon any representations or warranties, expressed or implied, relative to the condition or impact of utility lines or utility sub-stations.
(c) No provision of the Association Documents shall be interpreted as creating a duty of the Association, the Board, the management company of the Association, Declarant nor any successor Declarant to protect or further the health, safety or welfare of any Person(s), even if the funds of the Association are used for any such purpose.
7 Book 6258 Page 2742 Each Owner (by virtue of his or her acceptance of title to his or her Lot) and each other Person having an interest in or lien upon, or making any use of, any portion of the Property (by virtue of accepting such interest or lien or making such use) shall be bound by this Section and shall be deemed to have waived any and all rights, claims, demands and causes of action against the Association, the management company of the Association, if any, Declarant and any successor Declarant, their directors, officers, committee and Board members, employees, agents, contractors, subcontractors, successors and assigns arising from or connected with any matter for which the liability has been disclaimed.
4.5 Safety. The Association may maintain or support certain activities within the Property designed to provide a greater level of safety than exists within the Property.
(a) Neither the Association, any management company of the
may maintain or support certain activities within the Property designed to provide a greater level of safety than exists within the Property.
(a) Neither the Association, any management company of the Association, Declarant, nor any successor declarant shall in any way be considered insurers or guarantors of safety within the Property. Neither the Association, any management company of the Association, Declarant, nor any successor declarant shall be held liable for any loss or damage for failure to provide adequate safety or ineffectiveness of safety measures undertaken.
(b) All Owners and occupants of any Lot, and all family members, tenants, guests, and invitees of any Owner, acknowledge that the Association, its Board of Directors, and Association committees, the management company of the Association, Declarant, any successor declarant, and the Architectural Committee do not represent or warrant that any entry gate, patrolling of the Property, neighborhood watch group or volunteer safety patrol, or any safety system that may be designated by or installed according to guidelines established by Declarant or the Architectural Committee may not be compromised or circumvented; nor that any entry gate, patrolling of the Property, neighborhood watch group or volunteer safety patrol, or any security systems will prevent loss by burglary, theft, hold-up, or otherwise; nor that any entry gate, patrolling of the Property, neighborhood watch group or volunteer safety patrol, or any security systems will in all cases provide the detection or protection for which the system is designed or intended.
(c) All Owners and occupants of any Lot, and all family members, tenants, guests, and invitees of any Owner, acknowledge and understand that the Association, its
ch the system is designed or intended.
(c) All Owners and occupants of any Lot, and all family members, tenants, guests, and invitees of any Owner, acknowledge and understand that the Association, its Board and committees, the management company of the Association, Declarant, or any successor declarant are not insurers of safety within the Property. Each Owner acknowledges, understands and shall be responsible for informing its tenants and all occupants of its Lot that the Association, its Board and committees, and Declarant are not guarantors of security or safety and that each person using Property within the Project assumes all risks of personal injury and loss or damage to property including Lots, improvements thereon and the contents thereof, resulting from acts of third parties.
(d) All Owners and occupants of any Lot and all family members, tenants, guests, and invitees of any Owner assume all risks for loss or damage to Persons, to Lots, and to the contents of Lots and further acknowledge that the Association, its Board and committees, the management company of the Association, Declarant, or any successor declarant have made no representations or warranties, nor has any Owner, occupant, or any tenant, guest, or invitee of any Owner relied upon any representations or warranties, expressed or implied, relative to any entry gate, patrolling of the Property, neighborhood watch group or volunteer 8 Book 6258 Page 2743 safety patrol, or any security systems recommended or installed or any safety measures undertaken within the Property.
4.6 Provision of Services. The Association may provide services and facilities for the Members of the Association and their guests, lessees and invitees. The Association shall
ken within the Property.
4.6 Provision of Services. The Association may provide services and facilities for the Members of the Association and their guests, lessees and invitees. The Association shall be authorized to enter into contracts or other similar agreements with other entities, including Declarant, to provide such services and facilities. The costs of services and facilities provided by the Association may be funded by the Association as a Common Expense. In addition, the Board shall be authorized to charge additional use and consumption fees for services and facilities. By way of example, some services and facilities which may be provided include landscape maintenance, pest control service, cable television service, security, caretaker, fire protection, utilities, and similar services and facilities. The Board, without the consent of the Members of the Association, shall be permitted to modify or cancel existing services or facilities provided, if any, or to provide additional services and facilities. Nothing contained herein can be relied upon as a representation as to what services and facilities, if any, will be provided by the Association.
This paragraph shall be specifically construed to allow the Association to enter into a contract for the overall management of the Association with any individual or corporation. The Association or its managing agent shall also be permitted to provide services to any Owners where it deems it to be in the interest of the Association to do so.
4.7 Change of Use of Common Elements. Upon (a) adoption of a resolution by the Board stating that, in the Board's opinion, a service provided by the Association pursuant to Section 4.6 or the then present use of a designated part of the Common Elements is no longer
lution by the Board stating that, in the Board's opinion, a service provided by the Association pursuant to Section 4.6 or the then present use of a designated part of the Common Elements is no longer in the best interest of the Owners or is no longer necessary or appropriate for the purposes intended, and (b) the consent of Declarant during the Development Period, the Board shall have the power and right to terminate such service or change the use of any Common Elements (and, in connection therewith, construct, reconstruct, alter or change the buildings, structures and improvements thereon in any manner deemed necessary by the Board to accommodate the new use), provided that any such new use (i) shall be for the benefit of the Owners, and (ii) shall be consistent with any deed restrictions and zoning regulations restricting or limiting the use of the Common Elements.
4.8 View Impairment. Neither Declarant nor the Association guarantees or represents that any view over and across any property, including any Lot, from adjacent Lots will be preserved without impairment. Neither Declarant nor the Association shall have the obligation to prune or thin Landscaping except as set forth in Article 5. Any express or implied easements for view purposes or for the passage of light and air are hereby expressly disclaimed.
4.9 Relationship with Tax-Exempt Organizations. The Association may create, enter into agreements or contracts with, grant exclusive and/or non-exclusive easements over the Common Elements to, or transfer portions of the Common Elements to non-profit, tax-exempt organizations, including but not limited to organizations that provide facilities or services designed to meet the physical or social needs of a particular group or class of persons,
rofit, tax-exempt organizations, including but not limited to organizations that provide facilities or services designed to meet the physical or social needs of a particular group or class of persons, for the benefit of the Property, the Association, its Members and residents. The Association may contribute money, real or personal property or services to any such entity. Any such contribution shall be a Common Expense of the Association and included as a line item in the Association's annual budget. For the purposes of this Section, a "tax-exempt organization" shall mean an entity which is exempt from federal income taxes under the Internal Revenue Code ("Code"), 9 Book 6258 Page 2744 such as but not limited to entities which are exempt from federal income taxes under Sections 501(c)(3) or 501(c)(4), as the Code may be amended from time to time.
Article 5.
5.1 Maintenance.
Association's Responsibility. The Association shall provide Upkeep for the Common Elements, which shall include, but need not be limited to: (a) all Common Elements, all improvements upon the Common Elements, and the Stormwater Management Facilities; (b) all Landscaping, sidewalks, street lights, low voltage lights, irrigation systems, signage, mail kiosks, and improvements, including any parks, structures, bike, pathways and trails, situated upon the Common Elements; (c) all private streets, including any asphalt, permeable paver, cobblestone, and curbing repairs thereto, situated upon the Common Elements; (d) landscape easements as depicted on recorded maps of the Property, as the Association determines appropriate in its sole discretion; (e) all walls and fences constructed by Declarant on any Lots which serve as perimeter walls for the Property or which separate any Lot from Common Elements; (f)
es appropriate in its sole discretion; (e) all walls and fences constructed by Declarant on any Lots which serve as perimeter walls for the Property or which separate any Lot from Common Elements; (f) Landscaping, sidewalks, street lights, low voltage lights, irrigation systems, fencing, and signage within public streets or other rights-of-way abutting the Property; (g) Landscaping within any public utility easements and scenic or access easements within the Common Elements (subject to the terms of any easement agreement relating thereto); (h) any additional property included within the Common Elements as may be dictated by this Declaration, any Supplemental Declaration, any Covenant to Share Costs, any plat of any portion of the Property, or any contract or agreement for maintenance thereof entered into by the Association; and (i) any property and facilities owned by Declarant and made available, on a temporary or permanent basis, for the primary use and enjoyment of the Association and its Members and identified by written notice from Declarant to the Association until Declarant revokes such privilege of use and enjoyment by written notice to the Association.
The Association may also maintain and improve other property which it does not own, including, without limitation, property dedicated to public use, if the Board determines that such maintenance is necessary or desirable to maintain the Community-Wide Standard and if otherwise permitted by applicable law.
Except as otherwise specifically provided herein, all costs for Upkeep of the Common Elements shall be a Common Expense allocated among all Lots as part of an Assessment, without prejudice to the right of the Association to seek reimbursement from the 10