: Bour PAGE 1392 0793 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF RESTRICTIONS BRITTANY WOODS, SECTION KNOW ALL MEN BY THESE PRESENTS: DEVELOPERS, 610 s AN NEW HANOVER CO. NO REGISTER OF DEEDS REBECCA P. TUCKER RECORDED AND VERIFIED is the owner of That the undersigned, COASTAL CAROLINA (hereinafter CCD) a North Carolina corporation all of the interest and equity in that certain tract of land known as BRITTANY WOODS, SECTION 1, and it is the desire of the undersigned, to ensure the use of said property for attractive residential purposes only, to prevent the impairment of the attractiveness of the property, to maintain the desired tone of the community, and thereby to secure to each lot owner the full benefit and enjoyment of his home with no greater restriction upon the free and undisturbed use of his lot than is necessary to ensure the same advantages to the other lot owners; NOW, THEREFORE, the undersigned does hereby covenant, agree and declare to and with all persons, firms or corporations now owning or hereafter acquiring any property in BRITTANY WOODS, SECTION 1, that all of the lots in said subdivision as shown on a map recorded in Map Book 27 at Page 141 of the New Hanover County Registry, are hereby made subject to the following restrictions as to the use thereof, running with the land by whomsoever owned, to-wit: 1. All lots in said Subdivision shall be known as singlefamily residential lots, and shall be used for residential purposes only, except that Developer reserves the right to convert any of the lots shown on said map into a street right way.
2.
of upon, No improvement shall be erected, altered, placed :) or permitted to remain on any lot other than one detached single-family dwelling with garage for not more than two cars.
reet right way.
2.
of upon, No improvement shall be erected, altered, placed :) or permitted to remain on any lot other than one detached single-family dwelling with garage for not more than two cars.
No such garage shall be more than one story in height and shall never be used for living quarters of any kind, either for guests, members of the family or servants, and the construction or maintenance of so called "garage apartments" on any lots is expressly prohibited. Detached garages and storage buildings may be permitted with the written consent of the Developer, so long as the design, materials and construction are in keeping with that of the main structure on said lot.
3. The building plans for all improvements to the lots in this subdivision must first be approved by the Developer. If plans are submitted for approval to an officer, nominee or successor to CCD and after a period of twenty days from the delivery thereof, the person or corporation so delivering the plans has not received either approval, disapproval or request for modification of the plans, then the plans shall be deemed be approved so long as the improvements, dwelling or structure is in general conformity with the other improvements, dwellings and structures in the subdivision.
to lots 4. No dwelling shall be located on any lot (except fronting on a cul-de-sac) nearer than 50 feet from the front street line (35 feet from the front street line for lots fronting on a cul-de-sac). Further, no dwelling shall be permitted nearer than 10 feet to any side lot line, except as may be expressly permitted in writing by the Developer, and which are permitted by New Hanover County zoning, subdivision or other ordinances that may from time to time exist. No other structure shall be permit-
essly permitted in writing by the Developer, and which are permitted by New Hanover County zoning, subdivision or other ordinances that may from time to time exist. No other structure shall be permitted on any lot nearer than 5 feet to any side lot line. If the owner of two or more adjoining lots shall elect to use them for one residence, the boundary line or lines between the lots RETURNED TO Элзала so 110765 RYALS, JACKSON & Maas WILMINGTON, NORTH CAROLINA 20402 (14) BOOK PAGE used shall not 1322 8724 or overhang regarded as side boundary lines of the lots.
In computing the front set back and the distances between dwellings on adjoining lots, measurements shall be from the base ground level of the building or structure, and neither of eaves, not in excess of three feet, nor the establishment uncovered stoops or steps within the setback area, covenant. In the event of restrictions of shall be uninchange such reconsidered a violation of this tentional violation of any of the building line herein set forth, the undersigned reserves the right to such restrictions accordingly; provided, however, that change shall not exceed ten percent (10%) of the marginal quirement of the building line restrictions existing as to lot.
such said 5. No dwelling erected on any of the lots shown on map as aforesaid shall have less than 1700 square feet with attached two car garage, or a minimum of 1850 square feet without a garage , when measured by exterior foundation, which footage shall be exclusive of porches, carports, storage areas, etc.
6.
steps, walks, square garages, The Developer reserves for itself, its successors and/or assigns an easement and right at any time in the future to grant an easement or right of way under, over and along the side, rear and front
es, The Developer reserves for itself, its successors and/or assigns an easement and right at any time in the future to grant an easement or right of way under, over and along the side, rear and front property lines of each and subdivision described every lot in the herein, for the installation tenance of and mainpoles, lines, cables, conduits, pipes and equipment necessary to or other useful for furnishing electric gas, telephone service or power, other utilities sewer service, and for drainage.
including water and 7. No culvert or pipe shall be placed in unless it in all over road, ditch or drain any street or dards set by the governmental authority having jurisdiction respects meets the stanthe same.
No drainways along any lot within the subdivision be filled or modified except with the written permission from the Developer.
may trade nor 8. No commercial trade or activity, or any noxious or activity whatsoever, shall be carried on upon shall anything be done any lot, thereon which may be, annoyance or nuisance to other lot owners.
or may become, an the subdivision are not properly maintained they may be In the event yards in by the Developer at the owner's expense.
junk cars and like eyesores cannot be maintained on any lot or on any street in the subdivision either prior to or after dwelling has been erected and any such automobiles may be removed the by the Developer at the lot owner's expense.
Unsightly, cleaned inoperative mobile 9. No structure of a temporary character, trailer, home, tent , shack, garage apartment, barn or other outbuilding shall be used on any lot, either temporarily or either by the owners of said lot or any other persons, as permanently, quarters.
living of 10. All buildings, structures and their appurtenances shall be maintained in a
any lot, either temporarily or either by the owners of said lot or any other persons, as permanently, quarters.
living of 10. All buildings, structures and their appurtenances shall be maintained in a suitable state of repair, and in the event destruction by fire or other casualty, premises are to be cleared and debris removed within ninety (90) days from date of casualty.
such 11.
No animals, other than domesticated dogs, cats or other household pets, may be kept or housed on any lot.
or other household pets may be kept, bred or maintained for No dogs, cats commercial purposes; nor may they be kept in such numbers or such nature as to be or become a nuisance to adjoining property owners or any residents of the subdivision.
any of 2 Ryals, JACKSON & Muis WILMINGTON, NORTH CAROLINA 28402 0147 1 12.
BOOK PAGE 1392 0795 No lot area shall be used or ground for rubbish, trash, materials may not be garbage, or kept on any lots, maintained as a dumping other waste, and such tainers. All incinerators or other equipment for the storage except in sanitary condisposal of such materials shall be kept in a clean and condition.
or sanitary 13. Sewerage disposal for erected on any any dwelling or other building lot shall be by septic tank if approved by Health and all others shall be the serviced by a County Board of community sewerage disposal syster.
14. No lot as referred to shall be divided lot becomes above shown on the map of the subdivision resubdivided unless each part of the suba part of another whole lot, except, Developer may subdivide any lot , so that such resubdivided long as each portion of lot meets requirements for said lots lished by the New Hanover County Board of Commissioners or governmental authority having jurisdiction question .
over the property any estab-
ng as each portion of lot meets requirements for said lots lished by the New Hanover County Board of Commissioners or governmental authority having jurisdiction question .
over the property any estabother in 15. No fence shall be erected street line than the on any lot nearer the front rear corners of the house erected on be of wood or chain link however, decorative fencing, may be allowed with the lot, and all fences erected shall composition. Provided, said type not to express exceed four (4) feet in height, written consent of the Developer, its successors or assigns, or a Committee appointed by the Developer, its successors or for such purpose .
assigns, on 16. No signs of any type or description shall be placed or displayed on any residential lot except signs "For Rent" "For Sale" which signs shall not exceed six square feet in size.
or 17. Water to be used for human consumption by the residents of any lot in the subdivision must be obtained from the community water system serving said subdivision unless other sources approved and authorized by the City-County Board of Health the utility company furnishing the subdivision.
are and 18. To provide for the maintenance, repair entrance areas, and upkeep of conservation areas, drainage parks, recreation areas areas and ways, and amenities, if ERTIES, CCD any, AND OTHER has formed PROPCOASTAL CAROLINA OWNERS ASSOCIATION, organized pursuant to the Non-Profit of North Carolina, the Articles are recorded in the New Hanover non-profit corporation Corporation Act of the State Incorporation for which Registry in Book 1391, at Page 1690.
a of County as the The By-Laws of said Association are attached hereto Exhibit "A ".
Said By-Laws provide, among other things, assessing and collecting of dues and assignments for
1391, at Page 1690.
a of County as the The By-Laws of said Association are attached hereto Exhibit "A ".
Said By-Laws provide, among other things, assessing and collecting of dues and assignments for of the area described herein.
maintenance The owners of all lots in BRITTANY WOODS, SECTION 1, upon acceptance of a deed to their lot automatically become a shall member of said Association and shall subject to all of be the terms, conditions Articles of Incorporation and provisions of said and said By-Laws. Further, By-Laws are incorporated herein by reference.
said CCD shall convey to the Association, ation shall own in fee the entrance areas and amenities, if and the Associreferred to hereinabove, of the property, and all of the improveany, ments thereon.
19. Every owner of a fee simple title to a lot within development shall be deemed to own, possess and have accepted: (a) The membership(s) in the COASTAL the CAROLINA OWNERS ASSOCIATION appurtenant to his lot(s), with voting rights 3 RYALS, JACKSON & Mias WILMINGTON, NORTH CAROLINA 28402 0147 of one vote for each lot owned; (b) An undivided BOOK PAGE 1392 0796 equal interest with all other owners, for each membership in the Association owned, Association and all of its assets; (၁) in the An easement of enjoyment, equal to that all other owners, in and to the common elements, subject to: of any, (i) The right of the Association to dedicate or transfer all or any part of the areas and amenities, if subject hereto, for such purposes and subject to such as the Association may determine, acting by and pursuant to the provisions of its duly enacted By-Laws.
(d) conditions The duty of complying with and abiding by all of the provisions of these Articles, the By-Laws of the ations
rmine, acting by and pursuant to the provisions of its duly enacted By-Laws.
(d) conditions The duty of complying with and abiding by all of the provisions of these Articles, the By-Laws of the ations and the Rules and Regulations of the Associations, includAssociing the payment of dues and assessments as provided in By-Laws.
20.
the Invalidation of any one of these covenants by judgments or court order shall in no way affect any of the other herein , which shall remain in full force and effect.
covenants 21. If the parties hereto, or any of them, or their and assigns heirs shall violate or attempt to violate any of covenants herein, it shall be the lawful for any person or owning any real property situated in said BRITTANY WOODS, SECTION persons, 1 to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, and either to prevent him or them from doing or recover damages or other dues for such violation.
to ap22. In the event that the Developer shall seek to obtain approval of these covenants and the plan of development of Properties in order the that the Dwelling Units and Sites and improvements constructed thereon will be eligible for loans proved or guaranteed by the Veterans Administration, called "VA", or the Department of Housing and Urban hereinafter hereinafter called Development, "HUD", or Federal National iation, hereinafter called "Fannie Mae", or the Federal Home Loan Mortgage AssocMortgage Corporation, hereinafter called "Freddie Mac", likely that HUD, VA, Fannie Mae or Freddie Mac will changes in this Declaration in order to make the lots and provements thereon eligible for VA, HUD, Fannie Mae or Mac loans.
approval of any this Declaration.
it is require imFreddie or
ddie Mac will changes in this Declaration in order to make the lots and provements thereon eligible for VA, HUD, Fannie Mae or Mac loans.
approval of any this Declaration.
it is require imFreddie or amend In such event, Developer, without the consent Owner or Member shall have the right to When this Declaration, By-Laws and Articles of Incorporation have been approved by VA, HUD, Fannie Freddie Mac, then Mae, and this paragraph shall be considered null void and the Developer shall not have any further rights under to amend except upon approval of Membership.
and here23. These restrictions are subject to modified, cancelled or changed at any time as to said subdivision being altered, as a whole or as to any subdivided lot or part thereof by written document executed by the Developer, its successors and/or assigns and by the owners of not less than sixty lots of said subdivision to percent (60%) of the which these restrictions apply, recorded in the office and of the Register of Deeds of New Hanover County, North Carolina; provided, Developer shall have the to amend said restrictions right time prior to December 1988, without consent of any such owner or owners.
31, at any 24. Coastal Carolina Owners Association shall be sible for maintaining all drainage responareas and ways and easements over all lots in the subdivision. No structure, other material shall be placed or permitted to remain in any such planting or RYALS, JACKSON & Mnas WILMINGTON, NORTH CAROLINA 20402 0147 BOOK PAGE 1392 0797.
in drainage area, easement or any other easement which would interfere with the installation or maintenance of utilities or which may change the direction or flow of drainage channels the easements.
lots utility 25. The Developer reserves the right to subject the real property
he installation or maintenance of utilities or which may change the direction or flow of drainage channels the easements.
lots utility 25. The Developer reserves the right to subject the real property in the subdivision to contracts with public utility companies for the installation of utility lines, mains, poles and other equipment for the provision of utility service to the which may require a continuing monthly payment to such companies by the owners of each lot.
SCOPE OF RESTRICTIONS WOODS ABOVE, THESE RESTRICTIONS APPLY ONLY TO SECTION 1, BRITTANY SUBDIVISION, AS THE SAME IS SHOWN ON THE MAP REFERENCED AND NOTHING HEREIN IS INTENDED, NOR SHALL BE DEEMED, TO BE A REPRESENTATION, WARRANTY, COVENANT OR PROMISE THAT THESE RESTRICTIONS APPLY OR SHALL APPLY TO ANY OTHER REAL PROPERTY OWNED DEVELOPER BY AND AS DESCRIBED IN THAT DEED RECORDED IN BOOK 1292, AT PAGE 1526 IN SAID REGISTRY. DEVELOPER FOR ITSELF, SUCCESSORS AND/OR ITS ASSIGNS, DECLARES THAT SECTION WOODS, IS NOT PART OF ANY OVERALL PLAN FOR THE DEVELOPMENT OF THE 1, BRITTANY REAL PROPERTY DESCRIBED IN THE DEED REFERENCED HEREIN, AND THE REMAINDER OF SAID THAT PROPERTY MAY AND CAN BE USED, CONVEYED AND/OR IMPROVED FOR PURPOSES AND SUBJECT TO RESTRICTIONS DEVELOPED, OTHER THAN AS SET OUT HEREIN.
be IN TESTIMONY WHEREOF, CCD has caused this instrument to signed in its corporate name by its President or sealed with its corporate seal, and attested by its Secretary, or Vice-President, Assistant Secretary, this 2nd day of October, 1987.
ATTEST: B. Le Skinn Secretary AL CAROLINA COASTAL CAROLINA DEVELOPERS, INC.
W DEVELOPERS (AFFIX CORPORATE SEAL) CORPORATE SEAL President CATH CAROLINA STATE OF NORTH CAROLINA' COUNTY OF NEW HANOVER PENDER I, Dale B. Covil a Notary Public of said
STAL CAROLINA DEVELOPERS, INC.
W DEVELOPERS (AFFIX CORPORATE SEAL) CORPORATE SEAL President CATH CAROLINA STATE OF NORTH CAROLINA' COUNTY OF NEW HANOVER PENDER I, Dale B. Covil a Notary Public of said County and State, do hereby certify that B. Leon Skinner personally. came before Assistant INC., and that, and acknowledged that he/skax is me this day COASTAL CAROLINA DEVELOPERS, Secretary of given and as the act of the corporation, the foregoing instrument by authority duly was signed in its name by its President, sealed attested by himself/herself its corporate Assistant seal, and Secretary.
October WITNESS my hand and 1987.
notarial seal this 2nd Даш В. Соня Notary Public with as its day of My Commission Expires: March 16, 1991 (AFFIX NOTARIAL SEAL) LOVIL NOTARY PUBLIC 5 COUNTY.
RYALS, JACKSON & Mus WILMINGTON, NORTH CAROLINA 28402 0147 NC /BRITTANY BOOK PAGE EXHIBIT "A" 1392 0798 BY-LAWS OF COASTAL CAROLINA OWNERS ASSOCIATION ARTICLE I.
General Provisions SECTION 1. IDENTITY: These are the By-Laws of COASTAL CAROLINA OWNERS ASSOCIATION, a nonprofit corporation organized pursuant to the laws of the State of North Carolina; the Articles of Incorporation for which have been recorded in Book 1391, Page 1690, of the Office of the Register of Deeds of New Hanover County, North Carolina.
at the a SECTION 2. INCORPORATION: The provisions of these By-Laws supplement and are enacted pursuant to the provisions of above referenced Articles of Incorporation and are applicable to the record owners of certain lots located upon or within those certain developments of real property, taken or developed from the property described on Exhibit "A" hereto attached, made part hereof, and incorporated herein by reference. Provided, no
within those certain developments of real property, taken or developed from the property described on Exhibit "A" hereto attached, made part hereof, and incorporated herein by reference. Provided, no owner of any such lot or lots shall be affected by or subject to these By-Laws or the Articles of Incorporation hereinabove until the Developer of the property has placed upon the public records of North Carolina, a set of Restrictive Covenants providing specifically that said lot or lots are subject that the owners of lots therein are specifically subject to these By-Laws and the Articles of Incorporation referred to herein. For the purposes hereof, the Developer of the property described on Exhibit "A" is COASTAL CAROLINA DEVELOPERS, INC., its successors and assigns.
referred to unless and described on Exhibit "A" New Hanover County, hereto and SECTION 3. APPLICATION: These By-Laws shall, in conjunction with the above referenced Articles of Incorporation govern the affairs, rights, privileges, duties and obligations of the Association, all owners, the Developer, all mortgagees, beneficiaries under Deeds of Trust, Lessees and occupants of all lots subject hereto, their employees and all others who may use or enjoy any of the property subjected hereto, and the acceptance of a Deed for or conveyance of, or the succeeding to title to, or the entering into a lease for, or the actual occupancy of, or use of a lot, the entrance areas, conservation areas, drainage and ways, parks, recreation areas, and amenities, if any, or of the improvements thereon by any of the above shall constitute an acceptance by the same of the provisions of these By-Laws, the Rules and Regulations enacted pursuant hereto and the provisions of the herein
provements thereon by any of the above shall constitute an acceptance by the same of the provisions of these By-Laws, the Rules and Regulations enacted pursuant hereto and the provisions of the herein above referenced Articles, and an agreement to comply and abide by the same.
SECTION 4.
Association and of areas any PRINCIPAL OFFICE: The principal office of the the Board of Directors shall be located at 2905 Market Street, Wilmington, New Hanover County, North Carolina, 28403.
ARTICLE II.
Membership IDENTIFICATION: The Association SECTION 1.
shall have only one class of members. Each membership shall be appurtenant to and shall not be severed from the fee simple ownership of a lot subject hereto. The rights, duties, obligations, powers and privileges appurtenant to each membership shall be exercised by the fee simple owner of the lot to which such membership is appurtenant.
Any devise, contract for the sale of, Deed, or other means of conveyance of any such lot shall be deemed to RYALS, JACKSON & MILES WILMINGTON, NORTH CAROLINA 28402-0147 BOOK PAGE 1392 0799 No obligations sold, sale, include the appurtenant membership in the Association.
portion of the rights, privileges, powers, duties or appurtenant to each membership in the Association may be transferred or otherwise disposed of, except as part of a transfer or other disposition of the lot to which such membership is appurtenant.
SECTION 2.
shall maintain RECORDS: at The Secretary of the Association a the principal office of the Association register of all of the current owners of memberships Association and in the the mailing address of each owner and of all mortgagees or beneficiaries under Deeds of Trust of lots.
all such SECTION 3.
more to a VOTING RIGHTS: Each membership shall be entitl-
iation and in the the mailing address of each owner and of all mortgagees or beneficiaries under Deeds of Trust of lots.
all such SECTION 3.
more to a VOTING RIGHTS: Each membership shall be entitled to one (1) vote for each lot owned, in all matters of Association requiring a vote of the the membership. If a is owned by one (1) person his right to vote shall be established membership by the record title to his lot. If a membership is owned by than one ( 1) person, or is under lease, the person entitled cast the vote for such membership shall be designated by certificate signed by all of the record owners of such membership and filed with the Secretary of the Association.
is owned by a corporation, the If a membership person entitled to cast the for that membership shall be designated by a certificate signed by the President or Vice President and attested by the or the Assistant Secretary of such corporation and filed with the Secretary Secretary of the Association . If a membership is partnership, whether general or limited, or a joint venture, owned by a certificate designating the voting member shall be signed by partners or joint venturers, as the case may be.
vote the all Such certifisubsequent the person cates shall be valid until revoked or superceded by a certificate or until a change occurs in the ownership of membership concerned.
A certificate designating the entitled to cast the vote of a membership may be revoked by any owner of such membership . If such a certificate is not on the vote of such membership shall not be considered in ing the requirements for a quorum nor for any other purpose under determinthese By-Laws.
SECTION 4.
MORTGAGEES AND TRUSTEES UNDER DEEDS OF file, In the event that any such lot is conveyed by mortgage or by Deed TRUST:
s for a quorum nor for any other purpose under determinthese By-Laws.
SECTION 4.
MORTGAGEES AND TRUSTEES UNDER DEEDS OF file, In the event that any such lot is conveyed by mortgage or by Deed TRUST: of Trust, then the rights, duties, obligations, powers and privileges appurtenant to the membership appurtenant to such lot shall be exercised by the owner of the equity in the lot, and not by the mortgagee under any mortgage or the trustee or under any Deed of Trust against such lot.
beneficiary of Associayear event, SECTION 5. ANNUAL MEETINGS: Subject to the provisions Article VI of these By-Laws, the annual meetings of the tion shall be held on the last Saturday in July of each unless such date shall occur on a legal holiday, in which the meeting shall be held on the next succeeding business day.
The purpose of the annual meeting shall be for the election the Directors of the Association for the succeeding year and of the transaction of any and all business of the Association as may for properly come before the meeting.
the SECTION 6. SPECIAL MEETINGS: It shall be the duty of President to call a special meeting of the membership directed by resolution if So of the Board of Directors petition calling for a special meeting presented to the Secretary or upon a of the Association and signed by at least twenty-five percent (25%) of the owners of memberships in the Association.
special meeting shall state the meeting. No business shall be notice of any purpose of the special meeting except as stated in the notice.
The time, place transacted at and a 2 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402 0147 BOOK PAGE NOTICE RAPA mail each (10) SECTION 7.
MEETINGS: The Secretary shall to each owner of a membership in the Association notice of
RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402 0147 BOOK PAGE NOTICE RAPA mail each (10) SECTION 7.
MEETINGS: The Secretary shall to each owner of a membership in the Association notice of annual or special meeting of the membership at least ten days but not more than sixty (60) days prior to such meeting, stating the purpose thereof as well as the time and place where it is to be held. Said notice shall be mailed to the address which the owner of each membership has designated to the Secretary and maintained by the Secretary on his current register of The mailing of a notice of a meeting in the manner provided in this section shall be considered service of notice.
owners.
SECTION 8. ADJOURNMENT OF MEETINGS: If any meeting of the membership cannot be held because a quorum has not attended, a majority of the membership who are present at such meeting, either in person or by proxy, may adjourn the meeting to a time not more than forty-eight (48) hours from the time the original meeting was called.
SECTION 9.
QUORUM: A quorum at all membership meetings shall consist of persons representing and entitled to cast the vote appurtenant to at least fifty-one percent (51%) of the memberships in the Association. The acts approved by a majority of the votes present at a meeting at which a quorum is present shall constitute the acts of the membership, except when approval by a greater number of members is required by the Declaration, these By-Laws or by law; but those present at any meeting, though less than a quorum, may adjourn said meeting to a future time.
cast any SECTION 10. PROXIES: The vote appurtenant to each membership may be cast by the person designated as entitled to such vote by proxy. The designation of any such proxy shall be made in writing
st any SECTION 10. PROXIES: The vote appurtenant to each membership may be cast by the person designated as entitled to such vote by proxy. The designation of any such proxy shall be made in writing to the Secretary, and shall be revocable at time by written notice to the Secretary by the owner of the membership to which said vote is appurtenant. Such proxy shall be valid only for the particular meeting designated in the proxy and must be filed with the Secretary before the appointed time of the meeting or any adjournment of such meeting.
Associathe the SECTION 11. - PLACE OF MEETINGS: Meetings of the tion's membership shall be held at the principal office of Association or at such other suitable place convenient to membership as may be designated by the Board of Directors.
SECTION 12.
at ORDER OF BUSINESS: The order of business all meetings of the Association shall be as follows: (a) roll call; (b) proof of notice of meeting; (c) reading of minutes of preceding meeting; (d) reports of officers; (e) reports of Board of Directors; (f) reports of committees; (g) election of members of the Board of Directors, if necessary; (h) unfinished business; and (i) new business.
ARTICLE III.
Board of Directors The property, affairs and business of the Association shall be managed by the Board of Directors; provided, however, that the provisions of this Article are subject to the provisions of Article VI of these By-Laws.
SECTION 1.
NUMBER, TERM OF OFFICE AND QUALIFICATIONS: Until such time as control of the Association has been turned over to the membership as provided in Article VII hereof, the number constituting the Board of Directors shall be three (3).
After such control has been turned over to the membership, the
been turned over to the membership as provided in Article VII hereof, the number constituting the Board of Directors shall be three (3).
After such control has been turned over to the membership, the number constituting the Board of Directors shall be seven (7).
Each Director shall continue in office until the annual meeting of the membership held next after his election and until his successor shall have been elected and qualified or until his 3 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 26407 0147 800 PAGE 1392 0801 the death or until he shall resign or shall have become disqualified or removed from office. Directors need not be residents of State of North Carolina, nor year-round residents of any development subject hereto; provided, however, that each Director shall be an owner or spouse of an owner in one of the developments subject hereto and in the case of partnership owners, shall be member or employee of such partnership, and in the case of corporate owners, shall be an officer, shareholder, or employee of such corporation, and in the case of fiduciary owners, be the fiduciary , or an officer or employee of such fiduciary.
a shall SECTION 2.. ELECTION OF DIRECTORS: Except for the first Board of Directors, which is appointed in the Articles of Incorporation, and subject to the provisions of Article VII hereof, the election of the Board of Directors shall be conducted in the following manner: (a) election of Directors shall be held at the annual meeting of the membership; (b) nominations for Directorships shall be made from the floor by the membership or by Board of Directors ; (c) the election shall be by written ballot (unless dispensed with by unanimous consent) and by a plurality of the votes cast, each person representing a membership entitled
or by Board of Directors ; (c) the election shall be by written ballot (unless dispensed with by unanimous consent) and by a plurality of the votes cast, each person representing a membership entitled to vote being entitled to cast one (1) vote for each of as nominees as there are Directorships to be filled.
many There shall be no cumulative voting.
SECTION 3.
the REMOVAL OF DIRECTORS: Except for the first Board of Directors, which is appointed in the Articles of Incorporation, and subject to the provisions of Article VII hereof, any Director may be removed by concurrence of two-thirds (2/3rds) of the votes of the membership of the Association present at a special meeting of the membership called for the consideration of such removal.
The vacancy in the Board of Directors so created shall be filled by the members of the Association meeting.
SECTION 4.
at the same as ORGANIZATIONAL MEETING: The organizational meeting of a newly elected Board of Directors shall be held within ten (10) days of their election at such place and time shall be fixed by the Directors at the meeting at which they were elected, and no further notice of the organizational meeting shall be necessary.
SECTION 5. REGULAR MEETINGS: Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the members of the Board of Directors, but at least two (2) such meetings shall held during each fiscal year.
be Notice of the regular meetings of the Board of Directors shall be given to each member of the Board of Directors , by personal delivery, mail or telegraph, at five ( 5) business days prior to the day named for such meetings.
least SECTION 6. SPECIAL MEETINGS: Special meetings of the
r of the Board of Directors , by personal delivery, mail or telegraph, at five ( 5) business days prior to the day named for such meetings.
least SECTION 6. SPECIAL MEETINGS: Special meetings of the Board of Directors may be called by the President of the Association on five (5) business days notice to each member of the Board of Directors , given by mail or telegraph, which notice shall state the time, place and purpose of the meeting.
meetings of the Board of Directors shall be called by the Special dent or PresiSecretary in like manner and on like notices on the written request of any member of the Board of Directors.
SECTION 7.
of the deemed member shall WAIVER OF NOTICE: Any member of the Board Directors may at any time waive notice of any meeting of Board of Directors, in writing, and such waiver shall be equivalent to the giving of such notice. Attendance by a of the Board of Directors at any meeting of the Board constitute a waiver of notice by him of the time and place thereof. If all of the members of the Board of Directors are present at any meeting of the Board, no notice shall be and any business may be transacted at such required meeting.
RYALS, JACKSON & Minis WILMINGTON, NORTH CAROLINA 28402 0147 BOOK PAGE SECTION 8.
1392 0802 of a the the a to QUORUM: At all meetings of the Board Directors a majority of the members thereof shall constitute quorum for the transaction of business, and the votes of a majority of the members of the Board of Directors present at such a meeting at which a quorum is present shall constitute decision of the Board of Directors. If at any meeting of Board of Directors there shall be less than a quorum present, majority of those present may adjourn the meeting from time time.
hall constitute decision of the Board of Directors. If at any meeting of Board of Directors there shall be less than a quorum present, majority of those present may adjourn the meeting from time time.
At any such adjourned meeting at which a quorum is present any business which might have been transacted at the originally called, may be transacted without further notice.
meeting SECTION 9.
COMPENSATION: No member of the Board of Directors shall receive any compensation from the Association for acting as such .
SECTION 10. - JOINDER IN MEETING BY APPROVAL OF MINUTES: The joinder of a Director in the action of a meeting by signing and concurring with the minutes of that meeting shall constitute the presence of such Director at such meeting for the purpose determining a quorum.
SECTION 11.
of PRESIDING OFFICER AT DIRECTORS' MEETINGS: The presiding officer of a Directors' meeting shall be the President of the Association. In the absence of the presiding officer Directors present the shall designate one (1) of their number to preside.
ORDER OF BUSINESS AT DIRECTORS' MEETINGS: The SECTION 12.
order of business at Directors' meetings shall be: (a) the calling of the roll; (b) the proof of due notice of the meeting; (c) reading and disposal of any unapproved minutes; (d) the reports of officers and committees; (e) the election of officers; (f) unfinished business; (g) new business; and (h) adjournment.
SECTION 13. POWERS AND DUTIES: The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association except such powers and as by law or by these By-Laws may not be delegated to the of Directors by the membership of the Association. The and duties to be exercised and performed by the Board of tors
on except such powers and as by law or by these By-Laws may not be delegated to the of Directors by the membership of the Association. The and duties to be exercised and performed by the Board of tors shall include, but shall not be limited to, the following: duties Board powers Direcways, a. the operation, care, upkeep and maintenance of the entrance areas, conservation areas, drainage areas and parks and other recreational areas, and amenities, if any, and the improvements thereon; b. the determination of the amounts required for the operation, maintenance, care and upkeep of said areas and amenities , if any, and the improvements thereto, and the amounts required for the general operation of the Association; C. the levying and collection of the assessments from the membership owners; d. the employment and dismissal of personnel as necessary for the efficient maintenance of the development operation of the Association; and e. the adoption and the amendment of rules and regulations governing the operation of the Association and use and enjoyment of the amenities, if any; the f. the opening and on maintaining of bank accounts behalf of the Association and designating the signatories required therefor; g. the purchasing, leasing or otherwise acquiring in 5 RYALS, JACKSON & Mis WILMINGTON, NORTH CAROLINA 20402-0147 BOOK PAGE the name of the 322cial 3r its designee, corporate or wise, on behalf of all for sale or lease; members of the Association, lots h. the purchasing of lots at foreclosure judicial sales in the name of the Association, or its corporate or otherwise, on behalf of the membership; i. the selling, conveying, leasing, otheroffered or other designee, mortgaging of, of voting the votes appurtenant to (other than for the election members of the
erwise, on behalf of the membership; i. the selling, conveying, leasing, otheroffered or other designee, mortgaging of, of voting the votes appurtenant to (other than for the election members of the Board of Directors), or otherwise dealing with the lots acquired by, and subleasing lots by the Board of on behalf of the membership of the Association; Directors j. the organizing of the corporation to designee of the Board of Directors in acquiring title leasing lots by the Board of Directors on behalf of the ship of the Association; k. the purchasing the lots, the areas the improvements By-Laws; act as to or memberand maintaining of insurance for and amenities, if any, subject hereto, and thereto pursuant to the provisions of these improvements 1. the making of repairs, additions and to, or alterations of, the property, and repairs to and restoration of any property belonging to the Association, in with the other provisions of these By-Laws, after destruction by fire or other casualty, or as a result of nation or eminent domain proceedings; accordance damage or condemcomposed of AssociaBoard m. the appointing of committees to be members of the Association to aid in governance of the tion in such numbers and for such specific purposes as the may determine necessary and proper; n.
the adoption of a seal for the Association; 0.
the enforcing of the obligations of the members of the Association, allocating income and expenses of the tion and doing anything and everything else necessary and Associafor the sound management of the Association; proper p. the levying of fines or members of the Association, allocating income and expenses of the expenses against the Association; of q. adjusting and settling claims under policies obtained insurance
per p. the levying of fines or members of the Association, allocating income and expenses of the expenses against the Association; of q. adjusting and settling claims under policies obtained insurance pursuant to the By-Laws and delivering releases on executing and settlements of such claims on behalf all lot owners, all holders of mortgages, Deeds of Trust or other liens on the lots and all owners of any other interest in the property.
conr. employ or engage a manager, an independent tractor, attorney or accountant or such other agents as they deem necessary, employees and and to prescribe their Provided, however, any such person duties.
so hired shall serve only the pleasure of the Board of Directors hiring him, and no of Directors shall have the authority to bind Board of Directors to any such contract.
SECTION 14.
members of the at Board any succeeding LIABILITY OF THE BOARD OF DIRECTORS: The Board of Directors shall not be Association or any of liable to the its members for any mistake of judgment, negligence, or otherwise, except for their own individual willful misconduct or bad faith . The members of the Association indemnify and hold harmless each member of the Board of Directors against all contractual liability to others arising out of conshall 6 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BOOK PAGE 1392 0804 tracts made by the Board of Directors on behalf of the Association unless any such contract shall have been made in bad faith or contrary to the provisions of the Articles of Incorporation, or these By-Laws. It is intended that the members of the Board of Directors shall have no personal liability with respect to any contract made by them on behalf of the Association. It is also intended that the liability of any
tended that the members of the Board of Directors shall have no personal liability with respect to any contract made by them on behalf of the Association. It is also intended that the liability of any member of the Association arising out of any contract made by the Board of Directors or out of the indemnity in favor of the members of the Board of Directors shall be limited to such proportions of the total liability thereunder as his interest in the Association bears to the interest of all members of the Association in the Association.
Every agreement made by the Board of Directors on behalf of the Association shall provide that the members of the Board of Directors are acting only as agents for the Association and shall have no personal liability thereunder (except as members of the Association), and that each member of the Association's liability thereunder shall be limited to such proportion of the total liability thereunder as his interest in the Association bears to the interest of all members in the Association.
SECTION 15.
FIDELITY BONDS: The Board of Directors shall obtain adequate fidelity bonds for all officers and employees of the Association. The premiums on such bonds shall constitute an expense of operating the affairs of the Association.
ARTICLE IV.
Officers SECTION 1. DESIGNATION: The principal officers of the Association shall be the President, the Vice President, the Secretary and the Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may appoint an Assistant Treasurer and Assistant Secretaries, and such other officers as in its judgment may be necessary. The President and Vice President must be members of the Board of Directors. All other officers need not be members of the Board of Directors
nd such other officers as in its judgment may be necessary. The President and Vice President must be members of the Board of Directors. All other officers need not be members of the Board of Directors of the Association.
SECTION 2.
or ELECTION OF OFFICERS: Officers shall be elected annually by the Board of Directors at the organizational meeting of each new Board of Directors and shall hold office at the pleasure of the Board of Directors and until their successors are elected.
SECTION 3. - REMOVAL OF OFFICERS: Upon the affirmative vote of a majority of the members of the Association or members of the Board of Directors, any officer may be removed, either with or without cause; and his successor may be elected at any regular meeting of the Board of Directors or at any special meeting of the Board of Directors called for such purpose.
SECTION 4.
PRESIDENT: The President shall be the chief executive officer of the Association. He shall preside at all meetings or the membership and at all meetings of the Board of Directors . He shall have all of the general powers and duties which are incident to the office of President of a corporation organized under the Business Corporation Laws of the State of North Carolina, including, but not limited to, the power to appoint from among the membership any committee which he deems appropriate to assist in the conduct of the affairs of the Association .
SECTION 5. VICE PRESIDENT: The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. If neither the President or Vice President is able to act, the Board of Directors shall appoint some other member of the Board of Directors to 7 RYALS, JACKSON & MIs WILMINGTON, NORTH CAROLINA 29402-0147 BOOK PAGE
President or Vice President is able to act, the Board of Directors shall appoint some other member of the Board of Directors to 7 RYALS, JACKSON & MIs WILMINGTON, NORTH CAROLINA 29402-0147 BOOK PAGE 1392 0805 act in the place of the President, on an interim basis. The Vice President shall also perform such other duties as shall from time to time be imposed upon him by the Board of Directors or by the President.
SECTION 6.
SECRETARY: The Secretary shall keep the minutes of all meetings of the membership and the Board of Directors; he shall have charge of all books, papers, accounts and records of the Board of Directors as the Board of Directors may direct; and he shall, in general, perform all of the duties incident to the office of Secretary of a corporation organized under the Business Corporation laws of the State of North Carolina.
SECTION 7.
TREASURER: The Treasurer shall have the responsibility for Association funds and securities and shall be responsible for keeping full and accurate financial records and books of accounts showing all receipts and disbursements, and for the preparation of all required financial statements. He shall be responsible for the deposit of all monies and other valuable effects in the name of the Board of Directors, in such depositories as may from time to time be designated by the Board of Directors , and he shall, in general, perform all of the duties incident to the office of Treasurer of a corporation organized under the Business Corporation laws of the State of North Carolina.
SECTION 8.
COMPENSATION: No officer shall receive any for acting as such. However, a manager to handle the day to and may establish a rate of compensation from the Association the Board of Directors may appoint day affairs of the Association,
receive any for acting as such. However, a manager to handle the day to and may establish a rate of compensation from the Association the Board of Directors may appoint day affairs of the Association, compensation and salary for said manager.
SECTION 9. EXECUTION OF INSTRUMENTS: All instruments, including, but not limited to, agreements, contracts, Deeds or leases of the Association shall be executed in the name of the Association by the President, Vice President or Assistant Vice-President and attested to by the Secretary or Assistant Secretary of the Association. All checks of the Association are to be executed by such person or persons as may be designated by the Board of Directors.
SECTION 1.
ARTICLE V.
Operation of the Association RULE MAKING: The Board of Directors shall promulgate and establish, pursuant to the provisions set out hereinbelow, reasonable rules and regulations governing the use, enjoyment, maintenance, repair of and additions or alterations to the lots, areas and amenities, if any, subject hereto, and the improvements thereon.
Subsection 1.1. PROCEDURES: The Board of Directors, or a rule making committee specifically appointed by the President, shall formulate reasonable rules and regulations, or amendments or modifications thereto, to be proposed to the membership of the Association. Such proposals may be considered by the membership of the Association for adoption either at the annual meeting of the membership or at a special meeting of the membership called by the President specifically for the consideration of the adoption of such proposals. All such proposals shall be stated in writing and sent to the owners of the memberships in the Association in any notice of the special meeting called for the consider-
the adoption of such proposals. All such proposals shall be stated in writing and sent to the owners of the memberships in the Association in any notice of the special meeting called for the consideration thereof, or at least fifteen (15) days prior to the annual meeting of the membership of the Association at which they will be considered. At such meeting such 8 RYALS, JACKSON & Mus WILMINGTON, NORTH CAROLINA 28402-0147 BOOK PAGE 1392 0806 proposed rules and regulations shall be considered new business of the Association. In order to be adopted as rules and regulations, amendments or modifications thereof, of the Association such proposed rules and regulations must receive assent from two-thirds (2/3) of the votes of the entire membership of the Association present in person or by proxy at such meeting.
Subsection 1.2. - AMENDMENT, In addition to the above, any member of the Association may propose a modification, amendment, addition to or repeal of any and all rules and regulations of the Association by stating the same in writing to the Board of Directors. If any such member shall have obtained to such proposal the signatures of at least twenty-five percent (25%) of the membership owners in the Association, then the Board of Directors shall submit such proposal the Association at the next annual meeting of the Association for consideration or at a special meeting of the Association called pursuant to a request therefor made in such proposal when submitted to the Board of Directors. Adoption of any such proposal shall be as stated in Subsection 1.1. hereinabove.
MODIFICATION, ADDITIONS OR REPEAL: to Subsection 1.3.
PROHIBITIONS: No rule or regulation, nor amendment, modification, addition to or repeal of any or all of
as stated in Subsection 1.1. hereinabove.
MODIFICATION, ADDITIONS OR REPEAL: to Subsection 1.3.
PROHIBITIONS: No rule or regulation, nor amendment, modification, addition to or repeal of any or all of the rules and regulations of the Association shall discriminate against any lot owner or against any lot or group of lots unless the owners thereof so affected shall consent in writing; nor shall any of the above change any lot nor the areas and the amenities, if any, subject hereto, nor shall any of the above increase any owner's share in the common expenses of the Association nor change the voting rights of any member unless the owner of the membership appurtenant to the lot so affected and all record owners of liens thereon shall join in the execution of such rule, regulation, amendment, modification, addition to or repeal of the same.
Subsection 1.4. RECORDING: A copy of all rules and regulations or amendments, additions, modifications to or repeals of rules and regulations of the Association shall be certified by the President and Secretary of the Association as having been adopted by the Association and shall be effective from the the same is recorded in the Office of the Register of Deeds New Hanover County, North Carolina.
SECTION 2. duly date of INSURANCE: The Board of Directors shall be required to obtain and maintain, to the extent possible, the following insurance: Subsection 2.1. FIRE INSURANCE with extended coverage, vandalism and malicious mischief endorsements, insuring all improvements upon the areas and the amenities, if any, subject hereto, and covering the interests of the Association, the Board of Directors, and all owners and their mortgagees or beneficiaries under Deeds of Trust, as their respective interests may
any, subject hereto, and covering the interests of the Association, the Board of Directors, and all owners and their mortgagees or beneficiaries under Deeds of Trust, as their respective interests may appear, in an amount at least equal to the full replacement value of all structures insured, without deduction for depreciation; each of said policies shall contain a North Carolina standard mortgage clause favor of each mortgagee or beneficiary under a Deed Trust of a lot which shall provide that the loss, any, thereunder shall be payable to such mortgagee or beneficiary under Deed of Trust as its interest appear; subject, however, to the loss payment provisions in favor of the Board of Directors hereinafter set forth.
Subsection 2.2.
in of if may FLOOD INSURANCE covering all of the lots when required or deemed necessary.
9 RYALS, JACKSON & Muis WILMINGTON, NORTH CAROLINA 20402 0147 BOUN PAGE 1392 0807 such Subsection 2.3. - PUBLIC LIABILITY INSURANCE in limits as the Board of Directors may, from time to time, determine covering each member of the Board of Directors, each officer of the Association, the Association and each owner of a lot; such public liability coverage shall also cover cross-liability claims of one insured against another.
Subsection 2.4. Such other insurance as the Board of Directors may determine is necessary for the protection of the development, the Association, its Directors, officers and members.
Subsection 2.5. PREMIUMS: The premiums for all such insurance shall be an annual expense of the Association, and as such, shall constitute a portion of the annual assessment to be levied against each member the Association pursuant to the provisions of these By-Laws.
Subsection 2.6.
of ADJUSTMENT FOR LOSS: All such
ch, shall constitute a portion of the annual assessment to be levied against each member the Association pursuant to the provisions of these By-Laws.
Subsection 2.6.
of ADJUSTMENT FOR LOSS: All such insurance policies shall provide that adjustment of loss shall be made by the Board of Directors and that the net proceeds thereof shall be payable to the of Directors.
Subsection 2.7.
Board WAIVERS, CANCELLATIONS, MODIFICATIONS, RENEWALS: All policies of physical damage insurance shall contain waivers of subrogation and waivers of any defense based on coinsurance or other insurance or of invalidity arising from any acts of the insured and of prorata reduction of liability, and shall provide that such policies may not be cancelled or substantially modified without at least ten (10) prior written days' notice to all insureds, including all mortgagees and beneficiaries under Deeds of Trust.
Duplicate originals of all policies of physical damage insurance and all renewals thereof, together with proof of payment of premiums, shall be delivered to all mortgagees or beneficiaries under Deeds of Trust least ten (10) days prior to expiration of the then current policies . Prior to obtaining any policy fire insurance or any renewal thereof, the Board of Directors shall obtain an appraisal from a fire insurance company or otherwise of the full replacement value of the areas, the amenities, if any, subject hereto, and all improvements thereon , without deduction for depreciation, for the purpose of determining the amount of fire insurance to be effected pursuant hereto.
at of of Subsection 2.8. OWNERS' INSURANCE: The owners lots shall not be prohibited from carrying other insurance for their own benefit provided that such policies shall contain waivers of subrogation and
f of Subsection 2.8. OWNERS' INSURANCE: The owners lots shall not be prohibited from carrying other insurance for their own benefit provided that such policies shall contain waivers of subrogation and further provided that the liability of the carriers issuing insurance obtained by the Board of Directors shall not be affected or diminished by reason of such additional insurance carried by any lot owner.
any Subsection 2.9. · - INITIAL MINIMUM AMOUNTS: Until the first regular meeting of the Board of Directors following the first annual meeting of the membership of Association, the Board of Directors shall obtain maintain all such insurance in the following amounts: a.
the and Fire insurance in an amount of not less than $ 100,000.00 for the areas, and amenities, if any, subject hereto, and the improvements thereon; 10 RYALS, JACKSON & Muas WILMINGTON, NORTH CAROLINA 20407 0147