50349 RV-3 ] 800* PAGE 1528 6444 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SECTION 1 and SECTION 2 CEDAR RIDGE AT IHLAND GREENS This Declaration, made the 7th day of February, DALLAS HARRIS REAL ESTATE-CONSTRUCTION, Carolina Corporation, (whether one or more); 1991, by INCORPORATED a North to as "Declarant" hereinafter referred WITH ESSET H: New in Whereas, Declarant is the owner of certain real property Hanover County, North Carolina, which is described as follows: ΠΟΣΕ particularly 43 Being all of Section 1, Cedar Ridge at Inland Greens , as shown on the plat thereof recorded in Map Book 31 at Page 232 in the Office the Register of Deeds of New Hanover North Carolina, to which plat reference hereby made for a more particular description, and of County, is Being all of Section 2, Cedar Ridge at Inland Greens as shown on the plat thereof recorded in Map Book 31 at Page 258 in the Office the Register of Deeds of New Hanover North Carolina to which plat reference hereby made for a more particular description.
of County, is FEB 7 2 34 PM '91 NEW HANOVER CO. NC REGISTER OF DEEDS REBECCA P. TUCKER RECORDED AND VERIFIED and Now, therefore, Declarant hereby declares that all Properties described of the above shall be held, subject to the following easements, restrictions, covenants, sold and conveyed conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property be binding on all parties having any right, title or interest the described Properties or any part thereof, their heirs, cessors and assigns, and shall inure to the benefit of each owner thereof.
and in sucARTICLE I.
SECTION 1.
DEFINITIONS Ridge corporation, for All properhereaf-
es or any part thereof, their heirs, cessors and assigns, and shall inure to the benefit of each owner thereof.
and in sucARTICLE I.
SECTION 1.
DEFINITIONS Ridge corporation, for All properhereafAssociation shall mean and refer to Cedar at Inland Greens, Inc., a North Carolina non-profit its successors and assigns, the owners association organized the mutual benefit and protection of the Properties.
ty owners of lots in Cedar Ridge and any adjoining areas ter developed and subjected to this Declaration, if any, shall be members of the Association, which membership shall be appurtenant to and may not be separated from the ownership of family or multi -family lot.
such single SECTION 2. Owner shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Properties, contract excluding those having such sellers, but security for the performance of an obligation.
including interest merely as SECTION 3. Properties shall mean and refer to all of Cedar Ridge as described above, and any of the Bay hereafter be brought within the additional properties jurisdiction of the that Association as herein provided.
Draftsman: DAVID C. BAREFOOT BAREFOOT & KAUFMAN 2002 Eastwood Road, Suite 202 Wilmington, North Carolina 28403 203235 RETURNED TO Dallas Harris J 256-4475 [50349 RV.3 ] 58 PASE SECTION ..
which 1528 0445 Additional Properties shall mean and refer to any lands adjoining the Properties or within a one Bile thereof radius are now owned or may be hereafter developed acquired ΟΙ by Declarant and annexed to and made a part of the Properties by the Declarant and subjected to this Declaration without the assent or vote of the Owners of lots as hereinafter provided.
The annexation of such Additional
exed to and made a part of the Properties by the Declarant and subjected to this Declaration without the assent or vote of the Owners of lots as hereinafter provided.
The annexation of such Additional become effective by the recording by the Declarant of an Properties shall declaration for each new section annexed.
amended real enjoySECTION 5. Common Area shall mean and refer to all property owned by the Association for the common use and ment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot shall be the area designated as "Common Area" on the plats of Cedar Ridge, Sections 1 and 2, if any, recorded or to be recorded in the Hanover County Registry.
SECTION 6. Lot shall mean and refer to any shown numbered upon the recorded plat of any section of Cedar Ridge, or hereafter recorded in the New Hanover County Registry.
all New lot now SECTION 7. Declarant shall be used Developer interchangeably with singular, plural, can and to (which designations shall include masculine and neuter as required by the context) refer to Dallas Harris Real Estate-Construction, Incorporated, North Carolina corporation, its successors and assigns, if or assigns should acquire undeveloped the Declarant for the purpose of development.
successOIS a such property from SECTION 8. Declaration shall mean this Instrument may be from time to time amended or supplemented.
as it SECTION 9. Membership shall mean and refer to the rights, privileges , benefits, duties and obligations, which shall to the benefit of and burden each member of the Association.
inure SECTION 10. Member shall mean and refer to every person entity who has a membership in the Association.
ARTICLE II.
PROPERTY RIGHTS SECTION 1. Owners' Easements of Enjoyment.
ΟΙ
the Association.
inure SECTION 10. Member shall mean and refer to every person entity who has a membership in the Association.
ARTICLE II.
PROPERTY RIGHTS SECTION 1. Owners' Easements of Enjoyment.
ΟΙ Every Owner with shall have a right and easement of enjoyment in and to the Common Area, if any, which shall be appurtenant to and shall pass the title to every Lot , subject to the following provisions: voting A. The right of the Association to suspend the rights and privileges by an Owner for any period during which any assessment against his Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of the published and regulations; rules B. The right of the Association the Common Areas, or to to mortgage or convey dedicate or transfer all or part of Common Area, if any, to any public agency, authority, or the for such purposes and subject to such conditions as may be agreed utility to by the members. No such dedication or effective until approved by vote of at least two-thirds (2/3) transfer shall be the members, excluding the developer, as indicated in an ment executed by the corporation and recorded in the New County Registry.
of instruHanover C.
The right of the Association to impose for the use and enjoyment of the Common Area, if any, provements thereon, which regulations may further use of the Common Area.
regulations and restrict imthe -250349 RV-3 | B 1528 0446 ARTICLE III.
BASEMENTS SECTION 1. Perpetual, alienable easements are reserved necessary in the Properties and the Common Areas thereof for installation and maintenance of underground utilities and age facilities.
to as the draineasement equipment and telemains and SECTION 2. The Declarant reserves unto itself, its successors and assigns, a
tion and maintenance of underground utilities and age facilities.
to as the draineasement equipment and telemains and SECTION 2. The Declarant reserves unto itself, its successors and assigns, a perpetual, alienable and releasable and right , on, over and under the ground with men and erect, maintain, inspect, repair and use electric phone poles, wires, cables, conduits, sewers, water other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public veniences or utilities on, in or over each lot and such areas conother to of as are shown on the plat of the Properties recorded or be recorded in the office of the Register of Deeds of New Hanover County; provided further, that the Declarant may for surface water whenever such action may appear to the Developcut drainways er to be necessary in order to maintain reasonable standards health, safety and appearance. These easements and pressly include the right to cut any trees, bushes or rights exmake any grading of the soil, or to take any other similar action shrubbery, reasonably necessary to provide economical installation and safe and to maintain reasonable utility safety standards and appearance.
of health, It further reserves the right to wells, pumping stations, and tanks within residential locate any walkway, or on any residential lot now or subsequently designated for such use or to locate same upon any lot with the mission of the owner of such lot. Such rights may be by any licensee of the Declarant, but this reservation shall be considered an obligation of the Declarant to provide or tain any such utility or service.
areas on perexercised not mainSECTION 3. The Developer reserves the right to subject the real property in this
idered an obligation of the Declarant to provide or tain any such utility or service.
areas on perexercised not mainSECTION 3. The Developer reserves the right to subject the real property in this Subdivision to a contract Power and Light Company for the installation of street with Carolina which requires a continuing monthly payment to Carolina Power and lighting, Light Company by each residential customer.
the Sewer be SECTION 4.
Sever Service. All lots will be tied into City of Wilmington water system and the New Hanover County System. All monthly charges for water and sewer service will the responsibility of each individual lot owner.
ARTICLE V.
HEMBERSHIP AND VOTING RIGHTS SECTION 1. Every Owner of a lot in the Properties shall be a member of the Association.
Membership shall be appurtenant and may not be separated from ownership of any lot.
to vote in When such SECTION 2. Each member shall be entitled to one the affairs of the Association for each lot owned.
than one person holds an interest in any lot, all shall be members. The vote for such lot shall be they among themselves determine, but in no event shall more one (1) vote be cast with respect to any lot.
ARTICLE VI.
Rore persons exercised as than MANAGEMENT AND CONTROL be the accordance HOWEVER, that Management of the affairs of the Association shall right and responsibility of its Board of Directors in the Declaration and the By-Laws; with all of PROVIDED, the powers and duties of the Board of Directors may be -350349 RV.3] BRA PAGE 1528 0447 in secthe the days exercised by the Declarant until such time as 90% of the lots Section I and 90 % of the undeveloped property in adjoining tions owned by Declarant have been sold and Declarant conveyed by to purchasers or until December 31, first.
1999, occurs
as 90% of the lots Section I and 90 % of the undeveloped property in adjoining tions owned by Declarant have been sold and Declarant conveyed by to purchasers or until December 31, first.
1999, occurs whichever Management and control may be transferred to lot owners at any time but in all events, no later than 120 after the happening of the earlier of the above events.
ARTICLE VII.
COVENANTS FOR ASSESSMENTS SECTION 1. Creation of the Lien and Personal Obligation of Assessments . The Declarant, for each lot owned Properties, within the hereby covenants, and each Owner of any lot ceptance of by deed therefrom, whether or not it acexpressed in such deed, is deemed to covenant and agree to pay to shall be 50 the Association: a A. Annual assessments or charges, and B.
assessments vided; and Special assessments for capital improvements, to be established and collected as hereinafter such proC.
Insurance assessments; and authority, a against the Common D. To the appropriate governing taxing pro rata share of ad valorem taxes levied Area, if any.
The annual, special and insurance assessments, together with interest , costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien against which each assessment is made.
interest, costs and reasonable Each upon the such property assessment, attorney's fees, the due.
together with shall also be the personal obligation of the person who was Owner of such property at the time when the assessment fell The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
to SECTION 2. Purpose of Assessments. The assessments by the Association shall be used exclusively levied recreation, health, safety and welfare of the residents promote the
expressly assumed by them.
to SECTION 2. Purpose of Assessments. The assessments by the Association shall be used exclusively levied recreation, health, safety and welfare of the residents promote the Properties and for the improvement and maintenance of all in the ments, utilities and the Common Areas.
easesaid The funds assessments or charges, may be used for any or all arising from following purposes: Maintenance and improvements of the the areas, streets, roads, drives , drainage and utility easements and COMMON rights of way enforcing these restrictions; and, doing addition, in of of and any other things necessary or desirable in the opinion the Association to keep the property in neat and good order to provide for the health, welfare and safety residents of Cedar Ridge.
of Owners and Annual assessments shall be SECTION 3. Annual Assessments.
in an amount to be fixed from year to year by the Board of Directors which may establish different rates from year to year as nay deen necessary for the purposes set forth in Section 2 above.
it The amount of the annual assessment against each given lot year shall be fixed at least 30 days in for any annual assessment advance of period; the annual provided, however, that the shall be set prior to the conveyance first first lot to an Owner and written notice to the of the subjected thereto shall be delivered to the Owners at or prior to Owners to be the closing of their lots. Written notice of each annual assessment thereafter shall be sent to every Owner subject thereto.
assessment The the due date shall be established by the Board of Directors Board of Directors shall have the authority to and require the -4152 448 installments.
reasonable the The charge Association assessments to be paid in pro rata monthly
shed by the Board of Directors Board of Directors shall have the authority to and require the -4152 448 installments.
reasonable the The charge Association assessments to be paid in pro rata monthly Association shall, upon demand, and for a furnish a certificate signed by an officer of setting forth whether the assessments on a specified lot had been paid.
BUR A.
maxiпоге than previous From and after January 1 of the following the conveyance of the first lot to an Owner, the year immediately annual assessment may be increased each year not five percent (5%) above the maximum assessment for the year without a vote of the membership, except as herein provided.
From and after January 1 of the B.
following the conveyance of the first lot to an Owner, the year immediately mum annual assessment may be increased above five percent (5%) by maxia vote of two-thirds (2/3) of the members who are person or by proxy at a meeting duly called for this purpose.
voting in assessassessC. The Board of Directors may fix the annual ment at an amount not in excess of the maximum; provided that the Board of Directors may increase the amount of the annual ment to a maximum of One Thousand Dollars ($1,000.00) notwithstanding the provisions of subparagraphs A and and thereafter the limitations set forth in shall apply to any annual increase.
B per lot above, said subparagraph Capital Improvements.
authorized above, the assessSECTION 4. Special Assessments for In addition to the annual assessments Association may levy, in any assessment year, a special ment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction, repair or replacement of a capital improvement upon reconstruction, Area, including fixtures and personal property related
the purpose of defraying, in whole or in part, the cost of any construction, repair or replacement of a capital improvement upon reconstruction, Area, including fixtures and personal property related the Common provided that any such assessment shall have the assent of thereto, thirds (2/3) of the members who are voting in person or by twoat a meeting duly called for this purpose.
proxy of SECTION 5. Insurance. The Board of Directors on behalf the Association, as a common expense, shall at all times keep the property of the Association , if any, insured damage by fire or other hazards and other such risks, against loss or but not limited to directors' liability including, insurance, upon such terms and for such amounts as may be reasonand public liability ably necessary from time to time to protect the Common Area, which insurance shall be payable in case of loss Properties and the Association for all members .
to sole The Association shall have authority to deal with the insurer in the clains .
the Such insurance shall be obtained without settlement of the right of each member to insure his personal property for prejudice to own benefit at his own expense.
his In no event shall the coverage obtained by the Association be brought into contribution insurance with insurance purchased by members or their mortgagees.
SECTION 6.
insurance policy Association and Insurance Assessments. All premiums on the Common Areas for the benefit of the purchased by the Board of Directors or its deductibles designee payable by the Association upon loss any common expense and the Association shall levy against the shall be a equally as an additional Owners annual "Insurance Assessment") which shall be in addition to the amounts assessment, (herein called provided for under Section
ciation shall levy against the shall be a equally as an additional Owners annual "Insurance Assessment") which shall be in addition to the amounts assessment, (herein called provided for under Section 3 above, an amount sufficient to the annual cost of all such insurance premiums.
pay SECTION 7. Notice And Quorum For Under SECTIONS 3 and 4.
Any Action Authorized Written notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 shall be sent to all members not less than thirty (30) days доге than sixty (60) days in advance of the nor meeting. At the [50349 RV-3 -5[50349 RV.3] 8.
1528 0449 The of proxies each required the such subsequent following the first such meeting called, the presence of members or of entitled to cast sixty percent (60%) of all the votes class of membership shall constitute a quorum.
quorum at the subsequent meeting shall be one-half (1/2) of required quorum at the preceding meeting. No meeting shall be held more than sixty (60) days preceding meeting.
Both annual and SECTION 8. Uniform Rate Of Assessment.
special assessments must be fixed at a uniform rate for all and may be collected on a monthly basis.
Lots Assessments for owner SECTION 9. Commencement of Assessments.
each lot shall commence upon the date of acceptance by an of a deed from Declarant . Declarant shall not be required to pay maintenance assessments on unsold lots retained by the Declarant, except for those lots retained for rental Declarant shall pay maintenance assessments which shall purposes for which upon the date commence the same are occupied by a however, tenant. Provided, that for any lots retained by Declarant for other rental purposes, Declarant shall pay to the Association annually, than in lieu of any other
ence the same are occupied by a however, tenant. Provided, that for any lots retained by Declarant for other rental purposes, Declarant shall pay to the Association annually, than in lieu of any other assessments, the pro rata share of insurance assessments attributable to the lots owned by Declarant, as same become due.
they the Renethirty due may to SECTION 10. Effect of Honpayment of Assessments And dies Of The Association . Any assessment not paid within (30) days after the due date shall bear interest from date of the highest rate allowable by law. The Association bring an action at law against the Owner personally obligated pay the same, or foreclose the lien against the Owner may waive or otherwise escape liability for the assessments property. No provided for herein by non-use of the Common Area or of his Lot.
transfer proceeding of any in abandonment Mortgage.
The lot sale or any of such ΟΙ SECTION 11. Subordination Of The Lien To lien of the assessments provided for herein shall be to the lien of any first mortgage.
subordinate Sale or transfer of any shall not affect the assessment lien. However, the Lot pursuant to mortgage foreclosure lieu thereof, shall extinguish the lien assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot ability for any assessments thereafter becoming due or from lien thereof.
from lithe ARTICLE VIII.
ARCHITECTURAL CONTROL SECTION 1. Developer's Rights.
ities conferred upon the Architectural Control Committee by All duties and responsibilDeclaration or the By -laws of the Association shall be this and performed by the Declarant or its Designee, so long exercised clarant shall as own any lot in the Properties
ll duties and responsibilDeclaration or the By -laws of the Association shall be this and performed by the Declarant or its Designee, so long exercised clarant shall as own any lot in the Properties annexed thereto by Supplemental Declaration or Amendment to or any additions Declaration.
or Dethis No dwelling, mainany exterior (including paintSECTION 2. Building and Site Improvements.
wall ΟΙ other structure shall be commenced, erected, tained upon any lot in the Properties, nor shall addition to or change in or alteration therein ing or repainting of exterior surfaces) be made until the and specifications showing the nature, plans kind, shape, heights, subof external structures and sale materials, colors and location of the same shall have been mitted to and approved in writing as to design and harmony location in relation to surrounding topography by the Declarant, or its designee, or, after the -6AGE 1528 6450 event the of all lots by Declarant, by the Board of Directors of the Association, or by an architectural control committee composed of three (3) or more representatives appointed by the Board. In the Declarant, or its designee, or, if applicable, the Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. Refusal or approval of any such location or specification may be based upon any ground, including plans, purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Declarant or Architectural Control Committee shall deem sufficient.
One copy of all plans and
, purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Declarant or Architectural Control Committee shall deem sufficient.
One copy of all plans and related data shall be furnished to the Declarant Architectural Control Committee, as the case may be, for its records.
Neither the Declarant nor the Architectural Control Committee shall be responsible for any structural or other defects in plans of specifications submitted to it or any structure erected according to such plans and specifications.
SECTION 3. Approval of Plans: A.
or No house plans will be approved unless the proposed house shall have a minimum of 1500 square feet of enclosed dwelling area.
The term "enclosed dwelling area" as used in the miniqu requirements shall be the total enclosed area within a dwelling; provided, however, that such term does not include garages, terraces, decks, open porches, and like areas; ed, further, that shed type porches, even though attached to providhouse are specifically excluded from the definition of the aforesaid term "enclosed dwelling area".
B.
the with important considerashall be Since the establishment of inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes detrimental effects on privacy, view, preservation of trees and other vegetation, ecological and related tions, по specific front, rear or side setback lines established. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any lot shall be controlled by and must be approved absolutely by the Declarant or the Architectural
ns are given maximum effect, the site and location of any house or dwelling or other structure upon any lot shall be controlled by and must be approved absolutely by the Declarant or the Architectural Control Committee, as the case may be. Provided, however, that no dwelling shall be constructed closer than 5 feet to any dwelling on any adjoining lot. That is to say, side line restrictions may be waived by Declarant so long as there maintained a separation of at least 5 feet between constructed on adjoining lots.
Bust tion C.
is buildings The exterior of all houses and other structures be completed within twelve (12) months after the construcof same shall have commenced, except where such is impossible or would result in great hardship to the owner completion builder, due to strikes, fires, national emergency or calamities.
or natural ΟΙ in D. No structure shall be erected, altered, placed permitted to remain on any lot, except one single family dwelling not to exceed two stories in height, unless the Declarant or Architectural Control Committee, as the case may be, approves the writing a structure of more than two stories, and one small or поге accessory buildings (which may include a detached garage, or guest facilities) provided the use of such dwelling or private accessory building does not in the opinion of the Declarant Architectural Control Committee overcrowd the site, and further , that such buildings are not used for any activity mally conducted as a business.
or provided nor50349 RV-3 ] -750349 RV-3 5 +AGE 1528 0451 E. All service utilities, fuel tanks, clothes lines and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Declarant or the Architectural Control
1528 0451 E. All service utilities, fuel tanks, clothes lines and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Declarant or the Architectural Control Committee, so as to preclude the same from causing an unsightly view from any highway, street or way within the subdivision, or from any other residence within the subdivision. All mail and newspaper boxes shall be uniform in design.
mail Design for and newspaper boxes shall be furnished by Declarant.
fences shall at any time be placed or permitted to remain on lot without approval of the Declarant or the Architectural trol Committee.
No any Conless P. Landscaping and off street parking for not than two (2) passenger automobiles must be provided on each lot prior to the occupancy of any dwelling constructed on said lot.
Such parking areas and the driveways thereto shall be constructed of black concrete or such other material as may be Declarant.
approved by SECTION 4. Maintenance By Association. The Association, at its expense, shall be responsible for maintaining, repairing and replacing the planting easement areas, the storm water drainage system, including the detention pond, all drainage lines, and ditches which are located on the properties, pipes constructed by individual lot owners and located within individuexcept those al lots.
The Association shall have the right to go onto lots at reasonable times for the purpose of maintaining, ing and replacing all utility and drainage lines and pipes night be located on such lots; and each Owner hereby permission to the Association to enter his lot for such purposes.
the repairwhich grants or In the event that such need for maintenance, repair replacement (other than such being caused by fire, lightning, windstorm,
Association to enter his lot for such purposes.
the repairwhich grants or In the event that such need for maintenance, repair replacement (other than such being caused by fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircrafts, vehicles, and smoke, as the foregoing are defined and explained in North Carolina Standard Fire and Extended Coverage Insurance Policies) is caused through the willful, or negligent act of the Owner, his family, guests or invitees, the cost of such maintenance, replacement, or repairs, shall be added to and become a part of the assessment to which such Lot is subject.
areas, inThe Association shall maintain all common roadways, plantings and shrubbery, boardwalks or walklocated thereon, and lighting fixtures and shall costs of pay all cluding ways, operation thereof including premiums associated with general liability insurance insuring the Association from liability arising from ownership and operation thereof.
In addition to the maintenance and repair of the common areas the Association shall be responsible for and the maintenance and repair of the following: provide for (a) all front yards, trees, shrubs, grass and other landscaping on each lot; and (b) all exterior surfaces of the structures and improvements located on a lot including by way of example but not in limitation, painting, repairing, replacing of exterior siding, roofs, decks, porches, patios, walks, driveways, parking areas and all other exterior parts of the structures and improvements located on a lot excepting, however, glass surfaces which shall be replaced, repaired and maintained by Owner. This shall include limited common areas.
any -850349 RV.3 ] foregoing Ba 1528 PAGE 6452
located on a lot excepting, however, glass surfaces which shall be replaced, repaired and maintained by Owner. This shall include limited common areas.
any -850349 RV.3 ] foregoing Ba 1528 PAGE 6452 In order to enable the Association to across accomplish the there is hereby reserved to the Association the to unobstructed access over, on, upɔn, through and lot and the structures and improvements thereon and its Common area, if any, at all reasonable times to maintenance and repair required under this Article.
right each limited perform the to In the event that any maintenance or repair of the Lot, and any structures and improvements thereon, is required done or performed be as a result of the negligent or willful acts of the Owner, as determined by the Board of Association, or the family, tenants, contract purchasers, Directors of the or invitees of guests the Owner, or is caused by fire, blowing water, lightning, smoke or other hazard or casualty then, wind, rain, in the sole discretion of the Board of Directors the costs such maintenance or repairs, not fully covered by insurance, be levied as a special assessment against only the Lot sustaining such damage which the Owner shall pay to the Association fifteen ( 15) days of the date of written notice to the Owner from within the Association requesting such payment. Ordinary wear and is not contemplated as being within the coverage of tear this graph.
paraof may ARTICLE IX.
USE RESTRICTIONS in SECTION 1. Land Use And Building Type.
Section 14 below, no lot in Cedar Ridge at Except as Inland shall provided Greens, purposes.
in Cedar of be used for any purposes except for residential All lots (herein referred to as "single family lots") Ridge at Inland Greens, shall be restricted for construction single
Greens, purposes.
in Cedar of be used for any purposes except for residential All lots (herein referred to as "single family lots") Ridge at Inland Greens, shall be restricted for construction single family dwellings only. Any building erected, placed or permitted to remain on any lot shall be subject to provisions of Article VII of this Declaration relating to tectural control.
Different land use restrictions and tural control guide lines may be established for properties to be developed by Declarant.
ΟΙ altered, the archiarchitecadjoining activity done to SECTION 2. Nuisances. No noxious or offensive shall be carried on upon any Lot, nor shall thereon anything be which may be or may become an annoyance or the nuisance neighborhood .
There shall not be maintained any animals , nor device or thing of any sort whose normal plants or existence are in any way noxious, dangerous, activities pleasant or other nature as may diminish or destroy the enjoyment unsightly, unof other property in the neighborhood by the owners thereof.
shall be the responsibility of each lot owner development of prevent the any unclean, unsightly or buildings or grounds on such lot which would tend to substantialunkept condition of ly decrease the beauty of the neighborhood as a specific area.
whole or the rary to It SECTION 3. Temporary Structures. No structure of a tempocharacter, trailer, basement, tent, shack, garage, other outbuilding shall be used on any lot any time as barn or dence either a resitemporarily or permanently consent of the Association or its designee.
without the written motor boat, vehicle, SECTION 4. Recreational Vehicles. No boat, camper , trailer, motor or mobile homes, or similar type shall be permitted to remain on any lot or on any street in
without the written motor boat, vehicle, SECTION 4. Recreational Vehicles. No boat, camper , trailer, motor or mobile homes, or similar type shall be permitted to remain on any lot or on any street in properties at any time, without the written consent of the ciation or its designee.
the Assoof SECTION 5. Animals. No animals, livestock or poultry any kind shall be kept or maintained on any lot or in any ing except that dogs, cats or other household pets may be kept or dwellmaintained provided that they are not kept commercial or maintained purposes and provided further that they are for lowed to run free and are at all times properly leashed.
LUTELY no dogs shall be allowed at any time anywhere on the course.
not alABSOgolf -9[50349 RV-3] 2 1520 E 0453 SECTION 6. TV Satellite Dishes And Outside Antennas. No TV satellite signal receiving dishes will be permitted on any lot and no outside radio or television antennas shall be erected on any lot or dwelling unit within the Properties unless and until permission for the same has been granted by the Board of Directors of the Association or its Architectural Control Committee.
or to SECTION 7.
Window Coverings. All drapes, curtains other similar materials hung at windows, or in any manner as be visible from the outside, of any building erected upon any lot shall be of a white or neutral background material.
SECTION 8. Exterior Lights. All light bulbs ΟΙ other lights installed in any fixture located on the exterior of building or any lot shall be clear, white or non-frost lights bulbs.
any or SECTION 9. Junk Vehicles And Tractor Trailers. No inoperable vehicle or vehicle without current registration and insurance, and no tractor-trailers will be permitted on the The premises.
s.
any or SECTION 9. Junk Vehicles And Tractor Trailers. No inoperable vehicle or vehicle without current registration and insurance, and no tractor-trailers will be permitted on the The premises.
Association shall have the right to have all such vehicles towed away at the owner's expense.
SECTION 10. Vehicle Repairs. No repairs to any vehicle may be made in driveways, only in garages and not visible from the street.
No inoperable or immobile vehicle, whether or not containing current registrations, shall be permitted to remain in any driveway or on any street.
be shall municipality SECTION 11. Water And Sewer Service. All lot owners required to use water and sewer supplied by the or other entity servicing the Properties for all household separate water system for the purpose of watering lawns, dens and other outdoor uses shall be permitted with the of the Declarant, its successors and assigns.
a with or uses; garconsent "For signs express assigns, howevplace "For suitable proand SECTION 12. Signs. No signs (including "For Rent", Sale" , and other similar signs) or property identification shall be erected or maintained on any lot except written permission of the Declarant, its successor except as may be required by legal proceedings; provided, er, that the Declarant or its respective agents may Sale" or "For Rent" signs on any lots for sale and in places on the Common Elements approved by the Association; vided, however, that during the development of the Property the initial marketing of lots, the Declarant may maintain a sales office and may erect and display such signs as the deems appropriate as aids to such development and provided that such signs do not violate any Such permitted signs shall be placed in the approximate center of
may erect and display such signs as the deems appropriate as aids to such development and provided that such signs do not violate any Such permitted signs shall be placed in the approximate center of a lot and six feet from the road curb. No sign shall be to trees .
Declarant marketing, applicable laws.
nailed SECTION 13. Alterations. No person shall undertake, cause, or allow any alteration of construction in or upon any portion of the Common Elements except at the direction or with the written consent of the Association.
express SECTION 14. Subdividing. No lot shall be subdivided, or its boundary lines changed except with the prior written consent the Declarant of during the period of Declarant Association and thereafter by the Board.
control of the However, the Declarant and asthe hereby expressly reserves unto itself, its successors signs, the right to replat any two (2) or more lots shown on plat of any subdivision of the Property in order to create one or more modified lots; to further subdivide tracts shown on any such subdivision plat into two or more lots; to recombine one or tracts or lots or a tract and lots to create a larger tract; eliminate from this Declaration lots that are not otherwise поге to -10.
1BUL 1528 0454 take buildable or are needed for access to any area of the Property or are needed for use as private roads or access areas, and to such steps as are reasonably necessary to make lots or tracts suitable and fit as a building site or access area such replatted ΟΙ roadway, said steps to include, but not to be limited to relocation of easements , walkways, and rights-of-way to to the new boundaries of the said replatted lots.
ers" banks, companies, Federal ARTICLE X.
RIGHTS OF INSTITUTIONAL LENDERS and the conform Lendbanks, Housing
ements , walkways, and rights-of-way to to the new boundaries of the said replatted lots.
ers" banks, companies, Federal ARTICLE X.
RIGHTS OF INSTITUTIONAL LENDERS and the conform Lendbanks, Housing refer to insurance Authority, BortSECTION 1. "Institutional Lender" or "Institutional as the terms are used herein, shall mean savings and loan associations, savings Veterans Administration, Federal National Mortgage Association and other reputable gage lenders and guarantors and insurers of such first mortgages.
So long as any Institutional Lender or shall Institutional hold any mortgage upon any lot, or shall be the any lot , or shall be the owner of any lot, owner of Lender or Institutional Lenders shall have the following rights: such Institutional Lenders A.
Το be furnished with at least one Annual Financial Statement and Report of the Association, includcopy of the ing a detailed statement of annual carrying charges collected ΟΙ and operating expenses, such financial income report to be furnished by April 15 of each calendar year.
statement and B. To be given notice by the Association of the of any meeting of the membership to be held for the call considering any purpose of proposed Amendment to the Declaration, Articles of Incorporation and By-laws of the Association, or the notice shall state the nature of the amendment which and to be given permission to designate proposed, attend all such meetings.
C.
being a representative to payment of held To be given notice of default in the assessments by any owner of a lot encumbered by a mortgage by the Institutional Lender or Institutional Lenders, such notice to be given in writing and to be sent to the principal office such Institutional Lender or Institutional Lenders, or place which it
ge by the Institutional Lender or Institutional Lenders, such notice to be given in writing and to be sent to the principal office such Institutional Lender or Institutional Lenders, or place which it or they may designate in writing to the tion.
to of the AssociaD.
To inspect the books and records of the Association and the Declaration , By-laws and any Rules and Regulations during normal business hours, and to obtain copies thereof.
E. To be given notice by the Association of any stantial damage to any part of the Common Elements.
subporof any sought P. To be given notice by the Association if any tion of the Common Elements is made the subject matter condemnation or eminent domain proceeding or is otherwise to be acquired by a condemning authority.
or SECTION 2. Whenever any Institutional Lender, guarantor insurer desires the benefits of the provisions of requiring notice this to section be given or to be statement, furnished such lender shall serve written notice of a financial upon the Association by registered mail or certified such fact dressed to the Association and sent to its address stated herein, mail ador to the address of the property, identifying the lot upon which any such Institutional Lender or Institutional Lenders hold Bortgage or mortgages , or identifying any lot owned by them, any any of them, together with sufficient pertinent facts to identify or any mortgage or mortgages which may be held by it or which notice shall designate the place to which notices are to be them, and given by the Association to such Institutional Lender.
150349 RV-3] -1150349 RV.3] BONEP AGE 1528 6455 ARTICLE XI.
ANNEXATION OF ADDITIONAL PROPERTIES SECTION 1. Except as provided in Section 2 below, tion of additional property shall require the annexa-
50349 RV-3] -1150349 RV.3] BONEP AGE 1528 6455 ARTICLE XI.
ANNEXATION OF ADDITIONAL PROPERTIES SECTION 1. Except as provided in Section 2 below, tion of additional property shall require the annexathirds (2/3) of the members at a meeting called for this purpose, assent of twowritten notice of which shall be sent to all members than thirty (30) days nor more than sixty (60) days in advance of the meeting.
to not less SECTION 2. If the Declarant, its successors shall develop all or any portion of the or assigns, said Additional Properties or any portion thereof may be Additional Properties, said Properties without the assent of the members, annexed however , the development of the Additional Properties permits provided , поге than 150 dwelling units. Annexation provided for section shall become effective upon the filing by the of a supplemental or amended declaration in the Office Register of Deeds of New Hanover County.
no in this Declarant of the ARTICLE XII.
GENERAL PROVISIONS in of to SECTION 1. Enforcement. The Association, shall have the right to enforce, by any proceeding at law or or any Owner, equity, all restrictions, conditions, liens covenants, and charges now or hereafter imposed by the provisions reservations , this Declaration. Failure by the Association or by an Owner enforce any covenant or restriction herein contained shall in event be deemed a waiver of the right to do so thereafter.
no this SECTION 2. Enforcement Of Storm Water Runoff The State of North Carolina is hereby made a beneficiary of Requlations.
Declaration to the extent necessary to enforce its runoff regulations as the same may be amended from time to time.
storm water these no SECTION 3. Severability. Invalidation of any one of covenants or restrictions
the extent necessary to enforce its runoff regulations as the same may be amended from time to time.
storm water these no SECTION 3. Severability. Invalidation of any one of covenants or restrictions by judgment or court order shall in wise affect any other provisions which shall remain in full force and effect.
or proviamended or SECTION 4. Lots Subject To Declaration.
future owners, tenants and occupants of Lots and their guests All present and invitees, shall be subject to, and shall comply with the sions of the Declaration, and as the Declaration may be from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy lot shall constitute an agreement that the of any Declaration are accepted and ratified by such owner, provisions of the occupant. The tenant covenants and restrictions of shall inure to the benefit of and be enforceable by the this Declaration tion, or the Owner of any lot, their respective legal representaAssociatives, heirs, successors and assigns , and shall run with and bind the land and shall bind any person having at any time any est or estate in any lot, as though such provisions were made interpart of each and every deed of conveyance or lease, for a term of twenty (20) years from the date this Declaration after which time they shall be automatically extended for succesis recorded, sive periods of ten (10) years .
Section 6 below, a SECTION 5. Amendment of Declaration.
Article XI, Section 2, above.
Except as provided in herein, the covenants and restrictions of this Declaration may be and elsewhere amended only by an instrument duly recorded in the Office of Register of Deeds of New Hanover County executed the authorized officers of the Association upon the vote of not by the
ay be and elsewhere amended only by an instrument duly recorded in the Office of Register of Deeds of New Hanover County executed the authorized officers of the Association upon the vote of not by the duly than two-thirds (2/3) of the Lot Owners; provided that no less ment shall alter any obligation to pay ad valorem taxes amendsessments for public improvements, as herein provided, or -12or asaffect [50349 RV.3 ] BUN P 1528 AGE 0456 any lien for the payment thereof established herein. In no event may the Declaration be amended so as to deprive the Declarant any rights herein granted or reserved unto Declarant.
of following SECTION 6. Amendments by the Declarant. the amendments may be effected by the Declarant, or the Board, as the case may be, without consent of the members: A. Prior to the sale of the first lot, this tion may be amended by the Declarant.
Declaration herein.
B. Declarant may amend this Declaration upon of additional lands as specified in Article XI, annexaSection 2 obvious tion.
C. The Board may amend this Declaration to correct any error or inconsistency in drafting, typing or reproducD.
or control Declaragovernmental qualify governmental regulations lots any The Declarant, so long as it shall retain of the Association, shall have the right to amend this tion to conform to the requirements of any law agency having legal jurisdiction over the Property or to the Property or any lots and improvements thereon for mortgage or improvement loans made, insured or guaranteed by a agency or to comply with the requirements of law or of any corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government State of North Carolina, regarding purchase or sale of such ΟΙ the and
law or of any corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government State of North Carolina, regarding purchase or sale of such ΟΙ the and improvements, or mortgage interests therein, as well as other lav or regulation relating to the control of including , without limitation, ecological controls, standards , aesthetics, and matters affecting the public safety and general welfare. A letter from an official such corporation or agency, including, without Veterans Administration, U. S. Department of Housing Development , the Federal Home Loan Mortgage Corporation, ment National Mortgage Corporation, or the Mortgage Association, requesting or suggesting necessary to comply with the requirements of such corporation agency shall be sufficient evidence of the corporation or agency, provided that the changes tially conform to such request or suggestion.
property, construction health, of any the and Urban GovernFederal National an amendment limitation, ΟΙ approval of such made substanin E. The Declarant, for so long as control of the Association, and, thereafter, the Board of it shall retain tors, nay anend this Declaration as shall be necessary, Direcopinion, and without the consent of any owner, to its Association the or the Property, or any portion thereof, exempt status .
qualify for taxthe F. The Declarant for so long as it has control of Board may amend this Declaration to include any platting change of the Property as permitted herein.
IN WITNESS WHEREOF, DALLAS HARRIS REAL ESTATE-CONSTRUCTION, INC. a North Carolina corporation, the Declarant caused this Declaration to be executed in its corporate name herein, has its corporate seal affixed by its duly authorized officers 17th day of February, 1991.
and
Carolina corporation, the Declarant caused this Declaration to be executed in its corporate name herein, has its corporate seal affixed by its duly authorized officers 17th day of February, 1991.
and this DALLAS HARRIS REAL ESTATECONSTRUCTION, INCORPORATED Dall President ATTEST: Danda COUNTE CONS B. Hams By.
Secretary RPORATION ONTREAL) CORPORA SEAL 1976 I ..........
INCORPORATED -1350349 RV.3] BIJLP 1528 6457 i STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I. Alelunda Melina Kay Kiece, County, North Carolina,' a Notary Public of certify that what He 1 personally appeared before me this day and acknowledged that (s)he is the Secretary of DALLAS HARRIS REAL INCORPORATED, a North Carolina Corporation, and that by authority ESTATE-CONSTRUCTION, duly given and as the act of the said corporation the Instrument was signed in its name by its President, sealed its corporate seal and attested by hulself as its Secretary.
1991 A OFFICIAL SEAL Notary Public, North Cant County of Forsyth MELINGA KAY Allar 436-199 foregoing with potarial seal this 7th day of February, Mila Ku Notary Public STATE OF BORTH CAROLINA COUNTY OF NEW HAHOVER The foregoing certificate of Melinda Kay Reece, Notary Public is certified to be correct. This the day of ary, 1991.
Febru-14REBECCA P. TUCKER Register of Deeds-New Hanover County By Deputy/Assistant