BOOK PAGE 1231 1788 TABLE OF CONTENTS DECLARATION OF CONDOMINIUM BOARDWALK RECORDED AND VERIFIED REBECCA P. TUCKER REGISTER OF DEEDS NEW HANOVER CO. NC Auc 23 4 os PH '83 ARTICLE HEADING PAGE NO.
I Submission of Property 1 II Definitions 2 III Plan of Development and Scope of Declaration 6 IV The Nature and INcidents of Unit Ownership 7 V VI VII VIII IX ☐ 84 X XI Use Restrictions Easements The Association Termination Amendment of Declaration of Condominium .
Remedies in Event of Default Rights Reserved Unto Institutional Lenders XII Severability XIII Liberal Construction XIV 8 9 10 20 21 22 23 24 24 Declaration of Condominium Binding on Assigns and Subsequent Owners 24 XV Eminent Domain 24 XVI Person to Receive Service of Process for the Association 24 XVII Warranties and Representations EXHIBIT "A" Plans of Building and Site Plan 22 25 27 EXHIBIT "B" By-Laws of Boardwalk Unit Owners Association 29 EXHIBIT "C" Percentage of Undivided Interest in Common Areas and Facilities 43 RETURNED TO five Straklaval ROUNTREE, RYALS. JACKSON, SEAGLE & CARTER WILMINGTON, NORTH CAROLINA 200-1400 BOOK PAGE 1231 1789 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION CREATING UNIT OWNERSHIP OF PROPERTY UNDER THE PROVISIONS OF CHAPTER 47A OF THE GENERAL STATUTES OF THE STATE OF NORTH CAROLINA BOARDWALK THIS DECLARATION, made this the 9th day of August 1983, by EURO COASTAL, INC., a North Carolina corporation, with its principal place of business located in the County of New Hanover, State of North Carolina, hereinafter referred to as "DECLARANT": KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the DECLARANT is the owner of record of the fee simple title of certain real property in the Town of Carolina Beach,
einafter referred to as "DECLARANT": KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS, the DECLARANT is the owner of record of the fee simple title of certain real property in the Town of Carolina Beach, County of New Hanover, State of North Carolina, which is more particularly described as follows: BEGINNING at the intersection of the Eastern line of Carolina Street with the Northern line of Hamlet Avenue and running thence Northwardly along said Eastern line of Carolina Street 80 feet; thence Eastwardly and parallel with Hamlet Avenue to the high water mark of the Atlantic Ocean; thence Southwardly along the high water mark of the Atlantic Ocean 80 feet, more or less, to the Northern line of Hamlet Avenue, extended Eastwardly; thence Westwardly along said Northern line of Hamlet Avenue to the point of BEGINNING, the same being lots 8 and 9 of the Revised Plan of the Kure Property at Carolina Beach, as shown upon a map thereof recorded in Map Book 2, at Page 6 of the New Hanover County Registry.
WHEREAS, the DECLARANT is the owner of the multi-unit building and certain other improvements heretofore constructed upon the aforesaid property; and WHEREAS, it is the desire and the intention of the DECLARANT to market, sell and convey interests in the property and the improvements thereon as a condominium project pursuant to the provisions of Chapter 47A of the North Carolina General Statutes, entitled "Unit Ownership Act"; and WHEREAS, it is the desire and intention of the DECLARANT in the recordation of this DECLARATION in the Office of the Register of Deeds of New Hanover County, North Carolina, to submit said condominium project to the provisions of the said Chapter 47A; NOW, THEREFORE, THE DECLARANT DOES HEREBY DECLARE THAT ALL OF
the Register of Deeds of New Hanover County, North Carolina, to submit said condominium project to the provisions of the said Chapter 47A; NOW, THEREFORE, THE DECLARANT DOES HEREBY DECLARE THAT ALL OF THE REAL PROPERTY DESCRIBED HEREINABOVE, AS WELL AS ALL OF THE IMPROVEMENTS CONSTRUCTED THEREON, IS HELD AND SHALL BE HELD, CONVEYED, HYPOTHECATED, ENCUMBERED, USED, OCCUPIED, AND IMPROVED SUBJECT TO THE FOLLOWING ARTICLES OF COVENANTS, CONDITIONS, RESTRICTIONS, USES, LIMITATIONS AND OBLIGATIONS, ALL OF WHICH ARE DECLARED TO BE IN FURTHERANCE OF A PLAN FOR THE IMPROVEMENT OF SAID PROPERTY AND THE DIVISION THEREOF INTO CONDOMINIUM UNITS AND SHALL BE DEEMED TO RUN WITH THE LAND AND SHALL BE A BURDEN AND A BENEFIT TO THE DECLARANT, ITS SUCCESSORS AND ASSIGNS, AND ANY PERSON OR ENTITY ACQUIRING OR OWNING AN INTEREST IN THE REAL PROPERTY AND IMPROVEMENTS, OR ANY SUBDIVISION THEREOF, THEIR GRANTEES, SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS, DEVISEES AND ASSIGNS.
ARTICLE I.
Submission of Property Pursuant to the provisions of Chapter 47A of the North Carolina General Statutes, Section 47A-2, the DECLARANT does hereby submit all of the real property described herein, together with all improvements thereon ROUNTREE. RYALS. JACKSON. SEAGLE & CARTER WILMINGTON NORTH CAROLINA 2014 BOOK 1231 PAGE 1790 and described herein, to the provisions of the "Unit Ownership Act" of the State of North Carolina, which is codified as Chapter 47A of the General Statutes of the State of North Carolina.
ARTICLE II.
Definitions For the purposes of this Declaration and the By-Laws of the Association, hereinafter defined, the following definitions for the term used herein and therein shall apply unless otherwise defined by the context thereof:
of this Declaration and the By-Laws of the Association, hereinafter defined, the following definitions for the term used herein and therein shall apply unless otherwise defined by the context thereof: A. ACT shall mean and refer to the Unit Ownership Act, Chapter 47A of the General Statutes of the State of North Carolina, as such may be supplemented or amended from time to time.
B. ASSOCIATION shall mean and refer to BOARDWALK UNIT OWNERS ASSOCIATION, the mandatory association of all unit owners, as is more particularly described in Article VII hereinbelow.
C. ASSESSMENT shall mean and refer to a share of the funds required for the payment of the common expenses, hereinafter defined, of the Association which from time to time shall be levied or assessed against a unit owner by the Association, all as provided for hereinbelow.
D. BUILDING shall mean and refer to the multi-unit building which the DECLARANT has constructed upon the real property described hereinabove, to be used for residential purposes, as hereinafter provided.
Attached hereto and made a part hereof by reference is Exhibit "A" which consists of a full and exact copy of the plans of the building as well as a survey of the real property, drawn by Stuart Benson, R.L.S., showing the location of the building thereon. Said building is more particularly described in the plans of said building, showing all particulars as required by law.
The building is located adjacent to the Atlantic Ocean and contains three (3) floors above a ground floor level situated on the finished grade. There are no basements. The building has been subdivided into nine (9) units, with three units on each of said floors, all as hereinafter defined. The building has been constructed principally of
ade. There are no basements. The building has been subdivided into nine (9) units, with three units on each of said floors, all as hereinafter defined. The building has been constructed principally of wood, and/or concrete, with asbestos roofing shingles.
E. BOARD shall mean and refer to the Board of Directors of the Association and DIRECTOR shall mean and refer to a member of said Board.
F. BY-LAWS shall mean and refer to those By-Laws of the Association providing for the government of the Association as they are duly adopted and amended from time to time by the Association. ▲ copy of the initial By-Laws are attached hereto as Exhibit "C" and made a part hereof by reference.
G.
COMMON AREAS AND FACILITIES generally shall mean and refer to all of the real property, described herein and all of the improvements and facilities thereon which are not units, as defined hereinafter, and which are not items of personal property owned, held, and maintained by unit owners. Without in any way limiting the generality of the foregoing, the common areas shall include, but not be limited to, the following: 1.
2.
All of the real property more particularly described herein, reference to which is hereby made for a more particular description thereof; All foundations, columns, girders, beans, supports, roofs, ventilation fans and vents, load bearing walls, including all exterior walls and all interior walls (except nonload bearing partition walls wholly within a unit) of the building; 2 ROUNTREE, RYALS. JACKSON. SEAGLE & CARTER WILMINGTON NORTH CAROLING 28423-1400 BOOK PAGE 1231 1791 H.
3.
4.
5.
6.
All stairways, stairwells and stairs, elevators, and their components which give access to the units; and all halls or passageways, and their entrances;
G 28423-1400 BOOK PAGE 1231 1791 H.
3.
4.
5.
6.
All stairways, stairwells and stairs, elevators, and their components which give access to the units; and all halls or passageways, and their entrances; All yard and garden areas, parking and drive areas, sidewalks; and All installations of and facilities, apparatus, conduits, and equipment for the provision of all utility services, including, but not limited to, all water and sewer service, electricity, heating, air conditioning, telephone, irrigation, trash disposal, if any, and cable TV, if any, supplied for the common use and convenience of the unit owners, and which are not defined as part of the units, hereinbelow; All other portions of the real property and the improvements thereon which are not specifically part of the units themselves, as hereinafter defined, or owned by unit owners as personal property, shall be common areas and facilities intended for the common and necessary or convenient use and enjoyment, existence, maintenance or safety of the condominium project.
COMMON EXPENSES shall mean and refer to the total cost and expense incurred by the Association (as hereinafter provided) for the administration, maintenance, operation, enjoyment, safety, repair, and replacement (including a capital reserve for repair, maintenance, and replacement) of the common areas and facilities as well as any other expense incurred by the Association pursuant to the fulfillment of its obligations and purposes as stated herein and labeled as common expenses as well as any rentals for the use of swimming pools owned by others and rented to the Association for the use and benefit of unit owners. Common expenses is additionally intended to mean and refer to any expense
ny rentals for the use of swimming pools owned by others and rented to the Association for the use and benefit of unit owners. Common expenses is additionally intended to mean and refer to any expense incurred by the Association as shall be hereinafter agreed upon by the Association of unit owners as common expenses of the Association.
I. COMMON SURPLUS shall mean and refer to the balance of all revenues of the Association remaining after the deduction of the common expenses. Any such common surplus shall be used to reduce the assessments for members for the following fiscal year of the Association, based upon the proposed budget for the Association for the following fiscal year, or may, in the sole discretion of the Board, be placed in a reserve account to defray the cost of future replacement or maintenance of said common areas and facilities.
J. CONDOMINIUM shall mean and refer to the entire proposed development consisting of all the real property and the building, all common areas and facilities, all improvements and structures thereon and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for common use in connection therewith, which are intended to be submitted to the provisions of the act by this Declaration, and the supplements and amendments hereto, as are provided for hereinbelow.
K. DECLARANT shall mean and refer to EURO COASTAL, INC., a North Carolina corporation, its successors and assigns.
L.
DECLARATION shall mean and refer to this instrument as it may from time to time be lawfully amended or supplemented.
M.
MAJORITY or MAJORITY OF UNIT OWNERS shall mean and refer to the owners of fifty-one percent (51%) of the aggregate interest in the common areas and facilities, as established by this Declaration
d.
M.
MAJORITY or MAJORITY OF UNIT OWNERS shall mean and refer to the owners of fifty-one percent (51%) of the aggregate interest in the common areas and facilities, as established by this Declaration hereinbelow, assembled at a duly called meeting of the unit owners.
N.
PERSON shall mean and refer to an individual, corporation, partnership, association, trustee, or other legal entity.
3 ROUNTREE, RYALS, JACKSON, Seagle & CARTER WILMINGTON NORTH CAROLINA 38483 1400 0.
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PAGE 1231 1792 REAL PROPERTY shall mean and refer to all of the real property described hereinabove.
P. SINGULAR, PLURAL GENDER whenever the context so permits the use of the plural, it shall include the singular, the singular shall include the plural, and the use of any gender shall be deemed to include all genders.
Q. UNIT or CONDOMINIUM UNIT shall mean and refer to any one of those nine (9) subdivisions of enclosed space within the building, together with any additional areas or spaces accompanying the same as defined hereinbelow, and which are intended to or will be sold as dwelling units pursuant to the Act and this Declaration. The deed for any particular unit shall convey such unit by its unit designation and the same shall be deemed to include all that is defined as a part of that unit as stated specifically in this definition, as well as the privileges and appurtenances accompanying any such unit and subject to the covenants, conditions, restrictions and obligations applicable to unit owners as all are more generally stated and described throughout this Declaration.
The nine (9) units of the building are and will be identified by their unit designations, which are units 1-A, 1-B, 1-C, 2-A, 2-B, 2-C, 3-A, 3-B and 3-C. These units and their designations are shown
.
The nine (9) units of the building are and will be identified by their unit designations, which are units 1-A, 1-B, 1-C, 2-A, 2-B, 2-C, 3-A, 3-B and 3-C. These units and their designations are shown upon the plans of the building attached hereto as Exhibit "A", which also shows graphically all particulars of the building and its nine (9) units, including, but not limited to, the layout, location, ceiling and floor elevations, dimensions of the units, and the area and location of the common areas and facilities. Reference is hereby made to said plans for the purpose of identifying and locating each unit within the building, as well as identifying its dimensions, approximate areas, and number of rooms. No unit bears the same designation as any other. Any conflict between said plans and this definition shall be resolved by reference to the said plans, which shall control.
All units, as well as the additional areas defined as part of each unit hereinbelow, are bounded both as to horizontal and vertical boundaries by the interior finished surface of the units' perimeter walls, ceilings and floors, of the interior surface of the perimeter walls, ceilings, and floors of the additional areas conveyed as part of each unit as defined hereinbelow, all of which are shown on said plans, subject to the easement reserved hereinbelow for such encroachments as are contained in the building whether the same now exists or may be caused or created by existing construction, settlement, or movement of the building, or by permissible repairs, construction, or alteration.
All units shall be substantially the same in construction and material. As hereinabove stated, there are nine (9) units wholly contained within one of the three (3) levels or stories of the building,
All units shall be substantially the same in construction and material. As hereinabove stated, there are nine (9) units wholly contained within one of the three (3) levels or stories of the building, there being two (2) 2-bedroom units and one (1) 1-bedroom unit upon or within each of the said stories of the building above the ground floor level of the building.
The 2-bedroom units located within the building are Units 1A, 1B, 2A, 2B, 3A and 3B. Each of said units contains approximately 828 gross square feet of heated living space plus a 5'x12' covered deck adjacent to the living area. Each of said units contains the following features, among others: (a) 2 bedrooms with closets; (b) 2 full baths with fiberglass tub-shower combination, porcelain commode and lavatory and vanity and vinyl wall covering. The floors will be covered with either carpet, vinyl floor covering or ceramic tile, all as shown upon the plans and specifications for said building; (c) A kitchen area containing a double stainless steel sink, dishwasher, garbage disposal, cabinets, electric range, and a refrigerator with ice maker. The flooring shall consist of vinyl floor 4 ROUNTREE, RYALS, Jackson. Seagle & CarTER WILMINGTON, NORTH CAROLINA 30402 1409 BOO!
PAGE 1231 1793 covering. The kitchen area shall also include laminated plastic counter tops; (d) A living/dining area with carpet; (e) Storage closets; (f) Closets for housing the hot water heating and/or the heating and air handling equipment, if shown upon the plans and specifications for the building; (g) Outside storage facilities for the particular unit, if shown upon the plans and specifications for the building; (h) The 5'x12' covered deck adjacent to the living area of said unit, except that only the interior horizonal surfaces of the
ticular unit, if shown upon the plans and specifications for the building; (h) The 5'x12' covered deck adjacent to the living area of said unit, except that only the interior horizonal surfaces of the floor and ceiling of the unit, to include over hangs of the deck and the interior finished surface of the vertical walls of the deck shall be considered a part of the unit; (1) A wet bar; and (j) All other areas contained within the interior perimeter walls of the unit, except as otherwise specified herein, all as shown upon the plans of the building as shown upon Exhibit "A" hereto attached.
The 1-bedroom units located within the building are Units 1C, 2C and 3C. Each of said units contains approximately 584 gross square feet of heated living space plus a 5'x14' covered deck adjacent to the living area.
Each of said units contains the following features, among others: (a) 1 bedroom with closet; (b) Bunk beds located just off the entrance foyer of said unit; (c) 1 full bathroom equipped in the same manner as the 2-bedroom units; (d) A kitchen area equipped in the same manner as the 2-bedroom units; (e) A living/dining area with carpet; (f) Storage closets; (g) Closets for housing the hot water heater and/or the heating and air handling equipment, if shown upon the plans and specifications for the building; (h) The 5'x14' covered deck adjacent to the living area of said unit, with the same exception as contained in the description for 2-bedroom units; (1) Outside storage facilities for the unit, if shown upon the plans and specifications for the building; and (i) All other areas contained within the interior perimeter walls of the unit, except as otherwise specified herein, all as shown upon the plans of the building as shown upon Exhibit "A" hereto attached.
All other areas contained within the interior perimeter walls of the unit, except as otherwise specified herein, all as shown upon the plans of the building as shown upon Exhibit "A" hereto attached.
Each unit shall be equipped by the DECLARANT with and is defined to include its own electrical meter, and a split system heat pump.
The air handling equipment for said heat pump shall be housed in said plans of the building. The condensing units of said heat pumps shall be housed and stored as shown on said plans.
5 ROUNTREE, RYALS, JACKSON. Seagle & CARTER WILMINGTON, NORTH CAROLINA 33402 1400 BOOK 1231 PAGE 1794 Each unit is hereby defined also to include: 1.
2.
3.
All non-load bearing partition walls located entirely within the unit; All materials, including, but not limited to, carpet, paint, and vinyl attached to, or on, the interior finished surfaces of the perimeter walls, floors, and ceilings of the unit; and all window panes, frames, panes and exterior doors; All air handling and condensing units, ducts and components, and all water, power, telephone, television and cable television, electricity, plumbing, gas and sewage lines, located within the unit; provided, however, that the portion of said lines located within a common compartment for, or installation of, such lines shall be common areas and facilities as defined hereinabove.
Each unit is hereby defined to exclude all pipes, ducts, wires, conduits and other facilities for the furnishing of utility services and other services to the units up to and including the point of entry of such pipes, ducts, wires, conduits and other facilities through the interior finished surface material for perimeter walls, ceilings and floors of the units. All such pipes, ducts, wires, conduits, and other
pes, ducts, wires, conduits and other facilities through the interior finished surface material for perimeter walls, ceilings and floors of the units. All such pipes, ducts, wires, conduits, and other such facilities are defined as a part of the unit at and from their point of entry into the unit.
The definition stated hereinabove for "Unit" is complete and all other aspects of the condominium not hereinabove defined as a part of the units is defined hereby as a part of the common areas and facilities of the condominium.
The specifics, such as style, construction, materials, and finishes of the building and its units are best described in the plans of the building which are shown in Exhibit "A" attached hereto and made a part hereof by reference, and which shall control in case of conflict with the provisions hereof.
R. UNIT DESIGNATION shall mean and refer to the number which designates a unit within the condominium as the same is shown upon the plans of the building in Exhibit "A" attached hereto.
S. UNIT OWNER shall mean and refer to a person, corporation, partnership, association, trust, other legal entity, or any combination thereof, in whose name or names the title to or an interest in the title to any unit is vested, excluding those who own or hold such title or interest under the terms of any mortgage or deed of trust or other similar instrument for the purposes of securing the payment of an indebtedness or the performance of an obligation.
ARTICLE III.
Plan of Development and Scope of Declaration The name by which this condominium project shall henceforth be known is BOARDWALK. The DECLARANT has caused to be constructed upon the real property described hereinabove the multi-unit building, containing
me by which this condominium project shall henceforth be known is BOARDWALK. The DECLARANT has caused to be constructed upon the real property described hereinabove the multi-unit building, containing the 9 units of the building as well as the common areas and facilities of both the building and the real property, all as defined hereinabove and as shown upon the plans contained in Exhibit "A" attached hereto and made a part hereof by reference. The units of the building, together with their privileges and appurtenances, shall be offered for sale to the public by the DECLARANT as condominium units pursuant to the provisions of Chapter 47A of the General Statutes of the State of North Carolina, subject to the covenants, conditions, restrictions, and obligations stated in the Articles of this Declaration, the Articles of of Incorporation of the Association, its duly adopted By-Laws and its Rules and Regulations.
6 ROUNTREE, Ryals, Jackson, Seagle & Carter WILMINGTON, NORTH CAROLINA 28403 1400 BOOK PAGE 1231 1795 ARTICLE IV.
The Nature and Incidents of Unit Ownership A. Each unit shall be conveyed and treated as an individual real property capable of independent use and fee simple ownership, and the owner of each unit shall also own, as an appurtenance to the ownership of each said unit, an undivided interest in the common areas and facilities of BOARDWALK. The undivided interest in the common areas and facilities of BOARDWALK, appurtenant to each of the nine (9) units of BOARDWALK, is established and is shown on Exhibit "C" hereto attached, made a part hereof, and incorporated herein by reference.
The proportional interest in the common areas and facilities that is appurtenant to each unit has been determined in a manner consistent with the Act.
art hereof, and incorporated herein by reference.
The proportional interest in the common areas and facilities that is appurtenant to each unit has been determined in a manner consistent with the Act.
B. No unit may be divided or subdivided into a smaller unit or units than as shown on Exhibit "A" hereto, nor shall any unit or portion thereof be added to or incorporated into any other unit unless written approval is first obtained from the Board of Directors of the Association as provided in Article V, Section D hereof. The undivided interest in the common areas and facilities declared to be an appurtenance to each unit shall not be conveyed, devised, encumbered, or otherwise dealt with separately from said unit, and the undivided interest in common areas and facilities appurtenant to each unit shall be deemed conveyed, devised, encumbered, or otherwise included with the unit even though such undivided interest is not expressly mentioned or described in the instrument conveying, devising, encumbering, or otherwise dealing with such unit.
Any conveyance, mortgage, or other instrument which purports to grant any right, interest, or lien in, to or upon a unit, shall be null, void and of no effect insofar as the same purports to affect any interest in a unit and its appurtenant undivided interest in common areas and facilities, unless the same purports to convey, devise, encumber, or otherwise trade or deal with the entire unit. Any instrument conveying, devising, encumbering, or otherwise dealing with any unit, which described said unit by the letter designation assigned thereto in Exhibit "A" without limitation or exception, shall be deemed and construed to affect the entire unit and its appurtenant undivided interest in the common areas and
tter designation assigned thereto in Exhibit "A" without limitation or exception, shall be deemed and construed to affect the entire unit and its appurtenant undivided interest in the common areas and facilities. Nothing herein contained shall be construed as limiting or preventing ownership of any unit and its appurtenant undivided interest in the common areas and facilities by more than one person or entity as tenants in common, joint tenants, or as tenants by the entirety, provided, however, no unit shall be sold, or transferred under a time-share or interval ownership concept, as those terms are commonly used in the home building/real estate industry.
C. The common areas and facilities shall be, and the same are hereby declared to be subject to a perpetual nonexclusive easement in favor of all of the owners of units in BOARDWALK, for their use and the use of their immediate families, guests or invitees, for all proper and normal purposes, and for the furnishing of services and facilities for which the same are reasonably intended for the enjoyment of said owners of units. Notwithstanding anything above provided in this Article, the Association shall have the exclusive right to establish the rules and regulations pursuant to which the owner of any unit, his family, guests and invitees, may be entitled to use the common areas and facilities, including the right to make permanent and temporary assignments of parking spaces, and to establish regulations concerning the use thereof and to establish rules and regulations concerning the use of any recreation area.
D. Recognizing that the proper use of a unit by an owner or owners is dependent upon the use and enjoyment of the common areas and facilities in common with the owners of all other units, and that it is in
cognizing that the proper use of a unit by an owner or owners is dependent upon the use and enjoyment of the common areas and facilities in common with the owners of all other units, and that it is in the interest of all owners that the ownership of the common areas and facilities be retained in common by the owners, it is hereby declared that the proportional undivided interest in the common areas and facilities appurtenant to each unit shall remain undivided and no unit owner shall bring or have any right to bring any action for partition or division.
7 ROUNTREE. RYALS. JACKSON. Seagle & CARTER WILMINGTON, NORTH CAROLINA 23433 1430 ARTICLE V.
Use Restrictions BOOK PAGE 1231 1796 A. Each unit is hereby restricted to single-family residential use by the owner thereof, his immediate family, guests, invitees and lessees. No owner of any unit shall permit the use of his unit for transient hotel or commercial purposes.
B. No immoral, improper, offensive or unlawful use shall be made of any unit or of the common areas and facilities, nor any part thereof, and all laws, zoning ordinances and regulations of all governmental authorities having jurisdiction of the unit shall be observed. No owner of any unit shall permit or suffer anything to be done or kept in his unit, or on the common areas and facilities, which will increase the rate of insurance on the unit, or which will obstruct or interfere with the rights of other occupants of the other units or annoy them by unreasonable noises, nor shall any owner undertake any use or practice which shall create and constitute a nuisance to any other owner of a unit, or which interferes with the peaceful possession and proper use of any other unit or the common areas and facilities.
ractice which shall create and constitute a nuisance to any other owner of a unit, or which interferes with the peaceful possession and proper use of any other unit or the common areas and facilities.
C. The use of common areas and facilities, by the owner or owners of all units, and all other parties authorized to use the same, shall be at all times subject to such reasonable rules and regulations as may be prescribed and established governing such use, or which may be hereafter prescribed and established by the Association.
D. No owner of a unit shall permit any structural modification or alteration to be made to such unit without first obtaining the written consent of the Association, which consent may be withheld in the event that a majority of the Board of Directors of the Association shall determine, in their sole discretion, that such structural modifications or alterations would adversely affect or in any manner endanger the condominium in part or in its entirety. No owner shall cause any improvements or changes to be made on the exterior of the condominium (including painting or other decoration, or the installation of electrical wiring, television or radio antenna or any other objects, machines or air conditioning units which may protrude through the walls or roof of the condominium) or in any manner alter the appearance of the exterior portion of any building without the written consent of the Association being first had and obtained. No unit owner shall cause any object to be fixed to the common areas and facilities (including the location or construction of fences and the planting or growing of flowers, trees, shrubs, or any other vegetation) or in any manner change the appearance of the common areas and
ilities (including the location or construction of fences and the planting or growing of flowers, trees, shrubs, or any other vegetation) or in any manner change the appearance of the common areas and facilities without the written consent of the Association being first had and obtained.
E. No signs of whatever nature and no window displays of whatever kind, except those specifically reserved by DECLARANT herein, shall be permitted on any unit. So long as the DECLARANT shall retain ownership of any units, it may utilize any such unit or units for sales offices, models or other usage for the purpose of selling units within said project. The DECLARANT may assign this limited commercial usage right to any other person or entities as it may choose%; provided, however, that when all units have been sold, this right of commercial usage by the DECLARANT, its successors and assigns shall immediately cease.
F. No animals, other than small household pets, shall be kept or housed in any unit or the common areas or the improvements thereon.
All owners shall be responsible for the actions of their pets.
G. No article shall be hung or shaken from the doors or windows of any unit, nor shall any item be placed or hung from any window sill, deck railing or from any of the common areas.
B. All exterior windows shall be covered with some covering so that only a white color will be shown on the exteriors of all windows of all units.
8 ROUNTREE. RYALS, JACKSON. Seagle & Carter WILMINGTON, NORTH CAROLINA 2002-1400 1231 1797 I. No boats, boat trailers, campers, trailers, mobile homes, other recreational vehicles, or commercial vehicles of any nature shall be parked or stored on any of the parking areas or other common areas of the
ts, boat trailers, campers, trailers, mobile homes, other recreational vehicles, or commercial vehicles of any nature shall be parked or stored on any of the parking areas or other common areas of the project, nor shall any such vehicle, boat or trailer ever be parked or stored within the right of way of any public street adjacent to or leading to the project.
J. The use of the condominium may be further restricted under by By-Laws of the Association, or its Rules and Regulations.
ARTICLE VI.
Easements In addition to easements and rights established and/or reserved elsewhere in this Declaration, the following easements and rights are hereby established as covenants and burdens running with the real property and the improvements thereon: A. In case of any emergency originating in or threatening any unit, regardless of whether the owner is present at the time of such emergency, the Board of Directors of the Association, or any other person authorized by it, or the managing agent, shall have the right to enter such unit for the purpose of remedying or abating the cause of such emergency, and such right of entry shall be immediate.
B. Each unit owner shall have an easement in common with the other owners of all units to use all pipes, wires, ducts, cables, conduits, public utility lines and other common facilities located in any of the other units and serving his unit. Each unit shall be subject to an easement in favor of the owners of all other units to use the pipes, ducts, cables, wires, conduits, public utility lines and other common facilities serving such other units and located in such unit. The Board of Directors of the Association or their designee shall have the right of access to each unit to inspect the same, to remove violations therefrom
g such other units and located in such unit. The Board of Directors of the Association or their designee shall have the right of access to each unit to inspect the same, to remove violations therefrom and to maintain, repair, or replace the common facilities contained therein or elsewhere in the building.
C. The initial and subsequent Boards may grant or assume easements, leases, or licenses for utility purposes for the benefit of the condominium, including the right to install, lay, maintain, repair, and replace water lines, pipes, sewer lines, gas mains, telephone and television wires and equipment and electrical conduits and wires over, under, along and on any portion of the units and/or common areas and facilities; and, each unit owner hereby grants to the Board, or its designee, the irrevocable power of attorney to execute, acknowledge, and record for or in the name of the Association or each unit owner such instruments as may be necessary to effectuate the foregoing.
D. Ingress and egress is reserved for pedestrian traffic over, through and across sidewalks, paths, walks, and lanes as the same from time to time may exist upon the common areas and facilities; and, for vehicular traffic over, through and across such portions of the common areas and facilities as from time to time may be paved and intended for such purposes, for all unit owners of units in BOARDWALK, their guests, families, invitees, lessees, the Association, the DECLARANT, its successors and assigns.
E. In the event that any unit shall encroach upon any of the common areas and facilities, or any other unit or units, for any reason not caused by the purposeful or negligent act of the unit owner, or agents of such owner, then an easement appurtenant to such unit shall exist for
cilities, or any other unit or units, for any reason not caused by the purposeful or negligent act of the unit owner, or agents of such owner, then an easement appurtenant to such unit shall exist for the continuance of such encroachment upon the common areas and facilities or upon a unit for so long as such encroachment shall naturally exist; and, in the event that any portion of the common areas and facilities shall encroach upon any unit, then an easement shall exist for the continuance of such encroachment of the common areas and facilities upon any unit for so long as such encroachment shall naturally exist.
unit or common areas and facilities shall be partially or totally If any 9 ROUNTREE, RYALS. JACKSON. SEAGLE & CARTER WILMINGTON, NORTH CAROLINA 342 1400 BOOK 1231 PAGE 1798 destroyed as a result of fire or other casualty, or as a result of condemnation or eminent domain proceedings, and if upon reconstruction of such unit and/or common areas and facilities in accordance with this Declaration, there exist encroachments of portions of the common areas and facilities upon any unit, or of any unit upon any other unit or upon any portion of the common areas and facilities, then such encroachments shall be permitted and a valid easement for the maintenance thereof shall exist so long as such encroachments shall naturally remain.
ARTICLE VII.
The Association To efficiently and effectively provide for the administration and maintenance of BOARDWALK by the unit owners, a nonprofit North Carolina corporation known and designated as BOARDWALK UNIT OWNERS ASSOCIATION (hereinafter the "Association"), has been organized, a true copy of its Articles of Incorporation having been recorded in Book 1231 at Page 694 in the Office of the Register of Deeds of New Hanover
ON (hereinafter the "Association"), has been organized, a true copy of its Articles of Incorporation having been recorded in Book 1231 at Page 694 in the Office of the Register of Deeds of New Hanover County, North Carolina, and the provisions thereof are incorporated herein by reference. The Association shall administer the operation and management of the condominium, BOARDWALK, and shall undertake and perform all acts and duties incident thereto in accordance with the terms of its Articles of Incorporation and its duly adopted By-Laws. A true copy of the original By-Laws are attached hereto in Exhibit "B" and expressly made a part hereof by reference.
A. Declarant Control: Until December 31, 1984, or until such time as the first unit is deeded to a purchaser, whichever occurs first, the Board of Directors of the Association shall consist of those three (3) individuals appointed by the DECLARANT to the initial Board of Directors of the Association as stated in its Articles of Incorporation, or their successors or replacements, as provided for in the duly adopted By-Laws of the Association. Until said date, said Board shall exclusively be responsible for the total operation and management of the Association, exercising all powers, duties, and obligations thereof, free from interference or control by any and all unit owners; provided, however, that said Board shall manage and operate the Association in a manner consistent with the terms and conditions of this Declaration, any and all supplements or amendments hereto, the Association's Articles of Incorporation and its duly adopted By-Laws; and provided further, however, that the DECLARANT may by written notice to each unit owner at any time prior to the above-referenced date manifest its intention to cause the
its duly adopted By-Laws; and provided further, however, that the DECLARANT may by written notice to each unit owner at any time prior to the above-referenced date manifest its intention to cause the resignation of said Board of Directors at which time the initial meeting of the membership of the Association shall be called for the purpose of the election of a new Board of Directors of the Association from the membership thereof, who shall then become responsible for the operation and management of the Association.
B. Membership and Voting Rights: Membership and voting rights in the Association shall be as provided in Article VI of its Articles of Incorporation referred to and incorporated herein as stated hereinabove; membership being mandatory for all unit owners of all units in BOARDWALK.
C. Powers: The Association shall have all powers granted to it as stated in Article V of said Articles of Incorporation.
D.
Common Expenses: The common expenses of the Association shall be shared by the unit owners in the same proportions that the undivided interest in the common areas and facilities appurtenant to each owner's unit bears to the total of all undivided interests in the common areas and facilities appurtenant to all units, such assessment against the unit owners and their units being as provided for below.
E.
Management and Maintenance; 1.
The Association, as a common expense, shall be responsible for the maintenance, repair and replacement of all of the common areas and facilities, 10 ROUNTREE, RYALS. JACKSON. SEAGLE & CARTER WILMINGTON. NORTH CAROLINA 28402 1400 BOO!
PAGE 1231 1799 2.
3.
including those portions thereof which contribute to the support of the building or buildings, and all conduits, ducts, plumbing, wiring, and other
NORTH CAROLINA 28402 1400 BOO!
PAGE 1231 1799 2.
3.
including those portions thereof which contribute to the support of the building or buildings, and all conduits, ducts, plumbing, wiring, and other facilities located in the common areas and facilities for the furnishing of utility and other services to the units and said common areas and facilities, and should any incidental damage be caused to any unit by virtue of any work which may be done or caused to be done by the Association in the maintenance, repair, or replacement of any common areas and facilities, the Association shall, at its expense, repair such incidental damage. Whenever the maintenance, repair, and replacement of any item for which the Association is obligated to maintain, replace or repair at its expense is occasioned by any act of a unit owner, his immediate family, guests, or invitees, and such loss or damage may be covered by any insurance maintained in force by the Association, the proceeds of the insurance received by the Association shall be used for the purpose of making such maintenance, repair, or replacement, except that the unit owner who is responsible for the act causing the damage (whether done by himself or by his family, guests, or invitees) shall be required to pay such portion of the cost of such maintenance, repair, and replacement as shall, by reason of the applicability of any deductibility provision of such insurance, exceed the amount of the insurance proceeds applicable to such maintenance, repair, or replacement.
The Association shall have the right to make or cause to be made such alterations or improvements to the common areas and facilities which do not prejudice the rights of the owner of any unit in the use and enjoyment of his unit, provided the making of such
be made such alterations or improvements to the common areas and facilities which do not prejudice the rights of the owner of any unit in the use and enjoyment of his unit, provided the making of such alterations and improvements are approved by the Board of Directors of the Association, and the cost of such alterations or improvements shall be common expenses to be assessed and collected from all of the owners of all units. However, where any alterations and improvements are exclusively or substantially for the benefit of the owner or owners of a certain unit or units requesting the same, then the cost of such alterations or improvements shall be assessed against and collected solely from the owner or owners of the unit or units exclusively or substantially benefited, the assessment to be levied in such proportion as may be determined by the Board of Directors of the Association.
The Association may enter into a contract with a management company or manager for the purposes of providing all elements of the operation, care, supervision, maintenance, and management of the property. All the powers and duties of the Association necessary or convenient for such maintenance and management may be delegated to and vested in the manager by the Board of Directors, except such as are specifically required by this Declaration, the By-Laws, or the Unit Ownership Act, to have the approval of the Board of Directors or the Association. The manager is hereby further authorized to recommend the annual budget, and, upon approval thereof by the Board of Directors, make assessments for common expenses, and collect such assessments as are provided for in this Declaration and the By-Laws, subject always to the supervision and right of approval of the Board of Directors.
11
ssments for common expenses, and collect such assessments as are provided for in this Declaration and the By-Laws, subject always to the supervision and right of approval of the Board of Directors.
11 ROUNTREE, RYALS. JACKSON. Seagle & CARTER WILMINGTON, NORTH CAROLINA 38432-1400 4.
5.
BOOF PAGE 1231 1800 Unit Owners Maintenance: Every owner shall perform promptly all maintenance and repair work within his unit which, if omitted, would affect the condominium, either in its entirety or in a part belonging to other owners; every owner being expressly responsible for the damages and liability which his failure to do so may engender. The owner of each unit shall be liable and responsible for the maintenance, repair, and replacement, as the case may be, of all air conditioning and heating equipment, stoves, refrigerators, fans, or other appliances or equipment, including any fixtures and/or their connections required to provide water, light, power, telephone, sewage and sanitary service to his unit.
Such owner shall further be responsible and liable for the maintenance, repair, and replacement of the surfaces of any and all walls, ceilings, and floors which are a part of his unit, including painting, decorating, and furnishings, and all other accessories which such owner may desire to place or maintain in his unit. Whenever the maintenance, repair, and replacement of any item for which the owner of a unit is obligated to maintain, replace, or repair at his own expense is occasioned by any loss or damage which may be covered by any insurance maintained in force by the Association, the proceeds of the insurance received by the Association shall be used for the purpose of making such maintenance, repair, or replacement except that the owner of such unit shall
by the Association, the proceeds of the insurance received by the Association shall be used for the purpose of making such maintenance, repair, or replacement except that the owner of such unit shall be, in said instance, required to pay such portion of the costs of such maintenance, repair, and replacement as shall, by reason of the applicability of any deductibility provision of such insurance, exceed the amount of the insurance proceeds applicable to such maintenance, repair, or replacement. All glass doors, window frames, panes and screens are a part of the respective units and shall be maintained by the respective unit owners.
All parts of a unit shall be kept in good condition and repair by and at the expense of the owner. The unit shall be maintained by the owner in a clean and safe condition, free of nuisance. Each unit owner will promptly comply with any requirements of the insurance underwriters of the insurance for the common areas and facilities when so requested in writing by the Board or its designated agent. Any failure of an owner to repair, maintain, or replace as may be required pursuant to this Declaration, or a determination by the Board or its designated agent that such failure will endanger or impair the value of the common areas and facilities of any unit may be, upon written notice to the owner of the nature of the required repair, maintenance, or replacement, repaired or replaced by the Association at the expense of the unit owner, and any such expenditures shall be collected by special assessment as provided herein and in the By-Laws. Such assessment may include the cost to the Association incurred in the abatement of any nuisance maintained by the unit owner therein.
Limitation of Liability: Notwithstanding the duty of
he By-Laws. Such assessment may include the cost to the Association incurred in the abatement of any nuisance maintained by the unit owner therein.
Limitation of Liability: Notwithstanding the duty of the Association to maintain and repair parts of the condominium property, the Association shall not be liable to unit owners for injury or damage caused by any latent condition of the property to be maintained and repaired by the Association, or caused by the elements or other owners or persons.
12 ROUNTREE, RYALS, JACKSON, Seagle & CartER WILMINGTON, NORTH CAROLINA 33402-1409 BOOK PAGE 1231 1801 F.
Insurance: 1.
2.
3.
4.
5.
Acquisition: Insurance policies upon the condominium (other than title insurance) shall be purchased by the Association in the name of the Board of Directors of the Association, as Trustee for the unit owners and their respective mortgagees as their interests may appear, and shall provide for the issuance of certificates or mortgage endorsements to the holders of first mortgages on the units or any of them, and if the companies writing such policies will agree, the policies shall provide that the insurer waives its rights of subrogation as to any claims against unit owners, the Association and their respective servants, agents, and guests. Each unit owner may obtain insurance, at his own expense, affording coverage upon his unit, his personal property and for his personal liability and as may be permitted or required by law, but all such insurance shall contain the same waiver of subrogation as that referred to above, if the same is available.
Coverage: All buildings and improvements upon the land and all personal property included in the common areas and facilities shall be insured in an amount equal to the maximum insurable replacement value,
rage: All buildings and improvements upon the land and all personal property included in the common areas and facilities shall be insured in an amount equal to the maximum insurable replacement value, excluding foundation and excavation costs, or by ninety percent co-insurance coverage or by such other form of policy as the Board of Directors annually determines will most reasonably provide the funds necessary to repair or reconstruct the insured improvements. Such coverage shall afford protection against (a) loss or damage by fire and other hazards covered by a standard extended coverage endorsement, and (b) such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the buildings on the real property, such insurance to include, but not be limited to, vandalism and malicious mischief.
Public Liability Insurance: Public liability insurance shall be secured by the Association in such amount and with such coverage as shall be deemed necessary by the Board of Directors, including, but not limited to, an endorsement to cover liability of the unit owners as a group or to a single unit owner.
There shall also be obtained such other insurance coverage as the Board of Directors or manager shall determine from time to time to be desirable or necessary.
Premiums: Premiums upon insurance policies purchased by the Association shall be paid by the Association and chargeable by the Association as a common expense.
Proceeds: All insurance policies purchased by the Association shall be for the benefit of the Association and the unit owners and their mortgagees as their interests may appear, and shall provide that all proceeds thereof shall be payable to the Association as insurance trustee under this
the Association and the unit owners and their mortgagees as their interests may appear, and shall provide that all proceeds thereof shall be payable to the Association as insurance trustee under this Declaration. The Board of Directors of the Association is hereby irrevocably appointed agent for each unit owner and his mortgagee as their interests may appear for the purpose of compromising and settling claims arising under insurance policies purchased by the Board of Directors for the benefit of the Association and the unit owners. Said Board of Directors or its designee is hereby further empowered 13 ROUNTREE, RYALS. JACKSON. Seagle & CARTER WILMINGTON, NORTH CAROLINA 3343-1400 6.
7.
BOOK 1231 PAGE 1802 to execute and deliver releases to the insurance carrier upon the payment of claims. The Board of Directors' duty or its designee's duty upon receipt of such proceeds shall be to hold the same in trust for the purposes elsewhere stated herein, or in the By-Laws, for the benefit of the Association and the unit owners and their mortgagees, as their interests may appear.
Distribution of Insurance Proceeds: Proceeds of insurance policies shall be payable to the Board of Directors of BOARDWALK UNIT OWNERS ASSOCIATION, as insurance trustee and shall be distributed to or for the benefit of the beneficial owners in the following manner: (a) Expense of the Trust: All expenses of the insurance trustee shall be first paid or provision made therefor, if any; (b) Reconstruction or Repair: If the damage for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be paid to defray the cost thereof as determined in Paragraph F(7) hereof. Any proceeds remaining after defraying such cost shall be distributed as
aired or reconstructed, the remaining proceeds shall be paid to defray the cost thereof as determined in Paragraph F(7) hereof. Any proceeds remaining after defraying such cost shall be distributed as surpluses to the beneficial owners of the damaged units pursuant to Paragraph "I" hereof; (c) Failure to Reconstruct or Repair: If it is determined, as provided in Paragraph F(7) hereof, that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed as surpluses to the beneficial owners of the damaged units pursuant to Paragraph "I" hereof; (d) Mortgagees: In the event a mortgagee endorsement has been issued as to a unit, the share of the unit owner shall be held in trust for the mortgagee and the unit owner as their interests may appear; provided, however, that no mortgagee shall have any right to determine or participate in the determination as to whether any damaged property shall be reconstructed or repaired.
Damage and Destruction: Determination to Reconstruct or Repair: If any part of the condominium property shall be damaged by casualty, whether it shall be reconstructed or repaired shall be determined in the following manner: (a) Common Areas and Facilities: If the damaged improvement is a common area or facility, the damaged property shall be reconstructed or repaired, unless it is determined in the manner elsewhere provided that the condominium shall be terminated; (b) Units: (i) Partial Destruction: If the damaged improvement is a unit, and if termination as provided in subparagraph (11) below does not take place, the damaged property shall be reconstructed or repaired unless within sixty (60) days after the casualty it is determined by agreement in the manner 14
in subparagraph (11) below does not take place, the damaged property shall be reconstructed or repaired unless within sixty (60) days after the casualty it is determined by agreement in the manner 14 ROUNTREE, RYALS, JACKSON, Seagle & CARTER WILMINGTON. NORTH CAROLINA 20453-1400