i ‘ t 1 i ‘Stvsed, COLE, BREECLOVE, PRENTIS & POE ATTORNEYS AT LAW 122 EAST PARAKEN STREET Ouanam, & C.
& PREPARED BY & MAIL TO: C. THOMAS BIGGS Z tf) J 8 ATTORNEY AT LAW yy fo Loops a SA gfe NORTH CAROLINA sok 1135 rice 160 o TBA DURHAM COUNTY DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this 27th day of October, 1983, by WILLOW ASSOCIATES, INC., a North Carolina corporation, hereinafter called Developer.
WIiTNES SET Hs WHEREAS, Developer ts the owner of the real property described in Article Il of this declaration and desires to create therein a residentlal community with open spaces and other common facilities for the benefit of the sald community; and WHEREAS, Developer desires to provide for the preservation of the values and amenities In sald community and for the malntenance of said open spaces and other common facilities; and, to this end, desires to subject the real property described in Article I1 together with such additions as may hereafter be made thereto to the covenants, restrictlons, easements, charges and tiens, hereinafter set forth, each and all of which is and are for the benefit of sald property and each owner thereof; and WHEREAS, Developer has deemed it desirable, for the efficient ; | preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Developer has incorporated or will incorporate within one month hereafter under the laws of the State of North Carotina, as a non- .
rsing the assessments and charges hereinafter created; and WHEREAS, Developer has incorporated or will incorporate within one month hereafter under the laws of the State of North Carotina, as a non- .
profit corporation, CEDARWOOD VILLAS HOMEOWNERS ASSOCIATION, INC., for the purpose of exercising the functions aforesaid; NOW, THEREFORE, the Developer declares that the real property described in Articie tl, and such:additions thereto as may hereafter be made pursuant to Article I! hereof is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements,. s charges and ilens (sometimes referred to as "covenants and restrictions") hereinafter set forth.
fae ee reece mee teeters ‘STUOES, COLE, GREEDLOVE, PRENTIS & POE ATTOANEYS AT LAW $22 EAST PARAISH STREET OUAHAM, WC.
GOR LABS rice 164 ARTICLE I - Def Init ions Section 1, The following words when used In this Declaration or any Supplemental Declaration (unless the context shal! prohibit) shal! have the following meanings: (a) “Assoclation" shall mean and refer to Cedarwood VI1las Homeowners Assoclatlon, Inc, (b) "The Properties! shall mean and refer to all such existing properties, and additions thereto, as are subject to this Declaration or any Supplemental Declaration under the provisions of Article it hereof, (c) "Common Properties" shall mean and refer to those areas of land now or hereafter shown on any recorded subdivision plat of The Properties or hereafter deeded to the Assoclatlon and Intended to be devoted to the common use and enjoyment of the owners of The Properties.
(d) "Lot" shal? mean and refer to any plot of land shown upon any recorded subdivision map of The Properties with the exception of Common Properties as heretofore defined.
he owners of The Properties.
(d) "Lot" shal? mean and refer to any plot of land shown upon any recorded subdivision map of The Properties with the exception of Common Properties as heretofore defined.
(e) "Living unit" shalt mean and refer to any portion of a bullding situated upon The Properties designed and Intended for use and occupancy as a residence by a single famlly, whether as owners or tenants.
(f) "Multifamily Structure” shal! mean and refer to any bullding contalning two or more Living Units under one roof except when each such Living Unit ts situated upon its own Indl vidual Lot.
(g) "Owner"! shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Living Unit situated upon The Properties but, notwithstanding any applicable theory of the deed of trust, shal? not mean or refer to the Trustee or cestul qui trust unless and until there has been a transfer of title pursuant to foreclosure or any proceeding In lleu of foreclosure.
(h) "Member" shalt mean and refer to all those Owners who are members of the Assoclation as provided In Article tlt, Section 1, hereof.
(i) "Mortgagee” shall Include the noteholder or cestul qui trust secured by a deed of trust.
Ree ee eee ‘STVRRS, COLE, BREEOLOVE, PRENTIS & POE ATIOANEYS AT Law 122 EAST PARRISH STREET OuRnAM, mC.
mix ALIS rice 162 ARTICLE 11 Property Subject To This Declarations Additions Thereto Section 1. Existing Property. The real property which ts, and shail be held, transferred, sold, conveyed, and occupied subject to this Declaration is located In the City of Durham, City Outside Township, Durham County, North Carolina, and is more particularly described tn Exhibit A attached hereto, a1] of which real property shall hereinafter be referred to as
he City of Durham, City Outside Township, Durham County, North Carolina, and is more particularly described tn Exhibit A attached hereto, a1] of which real property shall hereinafter be referred to as “Existing Property".
Section 2. Additions to Existing Property. Additional lands may become subject to this Declaration in the following manner: (a) Additions by Developer. Additional land within the area shown on boundary survey of Hope Valley North, Section 7, as per plat and survey in Plat Book 102 at Page 36, Durham County Registry, may be annexed by the Developer without the consent of members within four (4) years of the date of this instrument provided that the FHA and the VA determine that the annexation ts in accord with the general plan heretofore approved by them.
The additions authorized under this and the succeeding subsection, shalt be made by filing of record a supplementary Dectaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration to such property or by adopting these Covenants and Restrictions in whole or In part by reference.
Such supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained fn.
this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Declaration. in no event, however, shall such supplementary Declaration revoke, modify or add to the covenants established by this Declaration within the Existing Property.
(b) Other Additions. Upon approval in writing of the Association pursuant to a vote of two-thirds (2/3) of its members as provided In its
established by this Declaration within the Existing Property.
(b) Other Additions. Upon approval in writing of the Association pursuant to a vote of two-thirds (2/3) of its members as provided In its Articles of Incorporation, the owner of any property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Assoclation, may file of record a Supplementary Declaration of Covenants and Restrictions, as described in subsection (a) hereof.
-~3STUBS, COLE, SAEEOLOVE, PRENTIS & POE ATTOANEYS AT LAW 422 EAST PARRISH STREET QUAHAM, N.C.
bie L135 rice 163 (c) Mergers. Upon a merger or consolidation of the Assocl ation ‘ ‘with another assoclation, Its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated assoc!ation may administer the covenants and restrictions estab!Ished by this Declaration within the ExIsting Property together with the covenants and restrictions estabI!shed upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Existing Property except as herelnafter provided.
ARTICLE Itt Membership and Voting Rights In the Assoclation Section 1, Membership. Every person or entity who Is a record owner of a fee or undivided fee Interest In any Lot or Living Unit or undeveloped and undesiqnated land which Is sub Ject by covenants of record to assessment
p. Every person or entity who Is a record owner of a fee or undivided fee Interest In any Lot or Living Unit or undeveloped and undesiqnated land which Is sub Ject by covenants of record to assessment by the Association shall be a member of the Assoclation, provided that any such person or entity who holds such Interest merely as a security for the performance of an ob! igation shall not be a member. Membership Is applicable to the Developer for the land owned by It, or Its successors or assigns, In that area containing 8.262 acres, more or less, which Is located to the north of Colchester Street, to the east of Hope Valley North, Section 6, to the south of the L. T. Matthews Property, and to the west of the H. L. Green Estate and being known as Hope Valley North, Section 7. as per plat and survey In Plat Book 97 at Page 143, Durham County Registry.
Section 2, Voting Rights. The Association shall have two classes of voting membership, Class A. Class A members shall be al} those owners as defined In Section 1 with the exception of the Developer. Class A members shall be entitled to one vote for each Lot or Living Unit In which they hotd the Interests required for membership by Sectlon 1.
When more than one person holds such Interest or Interests In any Lot or Living Unit al) such persons shal! be members, and the vote a ae f _ sti A135 rice 164 . for such Lot or Living Unit shall be exercised as they among themselves determine, but In no event shall more than one vote be cast with respect to any such Lot or Living Unit.
Class 8. Class B member shall be the Developer. The Class 8 member shall be entitled to three (3) votes for each Lot or Living i Unit tn which it holds Interests required for membership. The Class 8 membership shall cease and become converted to Class A
lass 8 member shall be entitled to three (3) votes for each Lot or Living i Unit tn which it holds Interests required for membership. The Class 8 membership shall cease and become converted to Class A : membership at the earlier occurrence of the following events: | (a) when the total votes outstanding in the Class A membership | equal the total votes outstanding in the Class B membership or (b) on January 1, 1987.
From and after the happening of these events, whichever occurs earller, the Class B member shall be deemed to be a Class A member entitled to one vote for each Lot or Living Unit In which it holds the interests required for membership under Section 1.
ARTICLE IV Property Rights in the Common Properties Section 1. Members' Easements of Enjoyment. Subject to the provisions of Section 3, every Member shall have a right and easement of enjoyment in and to the Common Properties, including rights of access, Ingress and egress to and from public streets and walkways and the right to park a motor vehicle In areas specifically designated for such purposes; and such easement shall be appurtenant to and shall pass with the title to every Lot or Living Unit. In addition, every Class A member shall have the right and privilege of using two designated parking spaces for the benefit of his or her Living Unit.
Section 2. Title to Common Properties. The Developer must relinquish the legal title to the Common Properties to the Association prior to the transfer of any Lot or Living Unit included within the Properties.
Section 3. Extent of Members‘ Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) the right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common
ts of enjoyment created hereby shall be subject to the following: (a) the right of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Properties and in ald thereof to mortgage said properties. in the event of a default upon any such mortgage the lender's rights hereunder shall be limited ‘STUBOs, COLE, BREEDLOVE, PRENTIS & POE ATTORNEYS AT LAW 122 EAST PARISH BTREET - 5 ounnam, & ¢.
‘STUBBS, COLE, BREEDLOVE, PAENTIE & POE ATTOANEYS AT LAW 122 EAST PARAISH STREET DUAHAM, N.C.
Sox 1735 rice 165 © to a right, after taking possession of such properties, to charge admission and other fees as a condition to continued enjoyment by the members and, If " necessary, to open the enjoyment of such properties to a wider public untll the mortgage debt Is satisfled whereupon the possession of such properties shall be returned to the Association and all rights of the Members hereunder shall be fully restored; and (b) the right of the Association to take such steps as are reasonably necessary to protect the above-described properties against foreclosure; and (c) the right of the Assoclation, as provided In Its Articles and By-Laws, to suspend the voting rights of any Member for any perlod during which any assessment remalns unpald, and for any period not to exceed thirty (30) days for any Infraction of its published rules and regulations; and (d) the legal right of an owner of property shown on the same plat to Include portions of the Common Properties as may be necessary for sald owner to qualify under governmental requirements such as set back lines, Open space, parking or other aspects which may be needed for Inclusion for a bullding permit to be secured to rebulld a damaged Living Unit.
ify under governmental requirements such as set back lines, Open space, parking or other aspects which may be needed for Inclusion for a bullding permit to be secured to rebulld a damaged Living Unit.
(e) the right of the Association to dedicate or transfer all or any part of the Common Properties to any pub!ic agency, authority, or entity for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shal! be effective unless an Instrument signed by Members entitled to cast two-thirds (2/3) of the votes of each class of membershIp has been recorded, agreeing to such dedication, transfer, purposes or condition, and unless written notice of the proposed agreement and action thereunder |s sent to every Member at least thirty (30) days In advance of any actlon taken, ARTICLE V Covenant for Assessments Section 1, Creation of the Llen and Personal Obligation of Assessments. Except as hereinafter specifically provided, each Owner of any Lot or Living Unit, by the acceptance of title thereto, shall be deemed to covenant and agree to pay to the Assoclation assessments as out)Ined In this Declaratlon of Covenants and Restrictions. These assessments may be classI fied as -6‘STusss. COLE, BREEDLOVE, PRENTIS & POE ATTORNEYS AT LAW 122 EAST PARAISH STREET oval, & ¢ sok 14.35 race 166 (A) Regular for (1) operation, maintenance, repair, replacement and Improvement of Common Properties, (2) maintenance and repalr of the premises of an Owner and (3) other purposes, and (B) Special assessments for (1) capital improvements to Common Properties and (2) maintenance, repair or improvements
(2) maintenance and repalr of the premises of an Owner and (3) other purposes, and (B) Special assessments for (1) capital improvements to Common Properties and (2) maintenance, repair or improvements of the premises of an Owner. These assessments are to be fixed, established and coltected from time to time as hereinafter provided.
The Regular and Special assessments, together with such Interest thereon and cost of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continutng tien upon the property against which each such assessment is made, Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.
Section 2. Purpose of Assessment. The assessments levied by the Association shali be used exclusively for the purpose of promoting the health, safety, and welfare of the residents in The Properties and In particular for the improvement and maintenance (1) of properties, services, and facilithes devoted to this purpose and related to the use and enjoyment of the Common Properties and (2) of the Lots and Living Units situated upon i The Properties. Without limitation, such uses shall Include satisfaction of the Association's obligation regarding the Common Properties to pay hazard and Ilabitity Insurance, ad valorem taxes, the payment of governmental assessments for public and private capital improvements made to or for the benefit thereof, the repair, replacements, and additions thereto, and for the cost of labor, equipment, materials, management, and supervision thereof.
Section 3. Basis for Computing Assessments. The Board of Directors
he repair, replacements, and additions thereto, and for the cost of labor, equipment, materials, management, and supervision thereof.
Section 3. Basis for Computing Assessments. The Board of Directors shall categorize the purposes for which It makes assessments so that each purpose will be one which Is charged In the same amount to each owner of a Lot or Living Unit.
Section 4. Maximum Regular Assessment. Until January 1 of the year Immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be Five Hundred Forty and No/100 Dollars ($540.00) per Lot.
(a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment -7‘STUSSS, COLE, BREEOLOVE, PRENTIS & POE ATTOANEYS AT LAW 122 EAST PARAISH STREET CUAHAM, Wy, C, so 1135 ect 167 may be Increased each year not more than five (5%) percent above the maximum assessment for the previous year without e vote of the membership.
(b) From and after January 1 of the year Immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be Increased above five (5%) percent by a vote of two-thirds (2/3) of each class of members who are voting In person or by proxy, at a meeting duly calted for this purpose.
(c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.
Section 5. Change In Basis of Assessments. The Association may change the basis of the assessments fixed by Section 3 hereof prospect Ively for any such perlod provided that any such change shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting In person or by proxy, at a meet ing duty called for thls purpose, written notice
ed that any such change shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting In person or by proxy, at a meet ing duty called for thls purpose, written notice of which shall be sent to all Members at least thirty (30) days In advance and shall set forth the purpose of the meeting, provided further that the Vimitatlons of Section 3 hereof shall not apply to any change In the basis of the assessments undertaken as an Incident to a merger or consolidation In which the Assoclation Is authorized to particlpate. under Its Articles of Incorporation and under Article tl, Section 2 hereof, Sectlon 6. Quorum for Any Action Authorized Under Sections 4 and 5.
The quorum required for any action authorized by Sections 4 and § hereof shat! be as foltowss .
At the first meeting called, as provided In Sectlons 4 and 5 hereof, the presence at the meet Ing of Members, or of proxies, entitled to cast sixty (60%) percent of al! the votes of each class of membership shall constitute a quorum, If the required quorum Is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth In Sections 4 and 5, and the required quorum at any such subsequent meetling shal! be two-thirds (2/3) of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 7. Date of Commencement of Assessments: Due Dates. The Regular assessments provided for herelIn shall commence as to all Lots on the first day of the month following the conveyance of the first Lot to an Owner.
StubeG, COLE, BREEDLOVE, PRERTIS & POE ATTORNEYS AT LAW ‘122 EAST PARRISH STREET ounnas, BC.
Siok ALIS Hie 168
Lots on the first day of the month following the conveyance of the first Lot to an Owner.
StubeG, COLE, BREEDLOVE, PRERTIS & POE ATTORNEYS AT LAW ‘122 EAST PARRISH STREET ounnas, BC.
Siok ALIS Hie 168 The first Regular assessment shail be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the Regular assessment against each Lot at least thirty (30) days In advance of each Regular assessment period. Written notice of the Regular assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Assoclation setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot {s binding upon the Association as of the date of its issuance.
Section 8. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Lot or Living Unit for each assessment period of at least thirty (30) days In advance of such date or period and shall, at that time, prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Association and shal? be open to inspection by any Owner.
Written notice of the assessment shall thereupon be sent to every Owner subject thereto.
The Association shall upon demand at any time furnish to any Owner liable for sald assessment a certificate In writing signed by an officer of the Assoclation, setting forth whether said assessment has been paid. Such
hall upon demand at any time furnish to any Owner liable for sald assessment a certificate In writing signed by an officer of the Assoclation, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
Section 9. Effect of Non-Payment of Assessment: The Personal Obligation of the Owners; The Lien; Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in Section 7 hereof), then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property In the hands of the then Owner, his heirs, devisees, personal i representatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his successors In title unless expressly assumed by then, GTUSES, COLE, BREEDLOVE, PRENTIS & POE ATTOANEYE AT LAW 122 EAST PARRISH STREET OQURHAM, N.C.
- et sor 14.35 ricé 169 If the assessment Is not pald within thirty (30) days after the delInquency date or a written arrangement for payment consented to by the Assoclatlon, the assessment shall bear Interest from the date of delinquency at the rate of eight (8%) percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same and/or to foreclose the Ilen agalnst the property, and there shall be added to the amount of such assessment a charge to be determined by the Assoclation of at least Fifty Dollars ($50.00) for the cost of preparing and filing the
agalnst the property, and there shall be added to the amount of such assessment a charge to be determined by the Assoclation of at least Fifty Dollars ($50.00) for the cost of preparing and filing the comptaint In such action, and In the event a Judgment Is obtained, such judgment shatl Include Interest on the assessment as above provided and a reasonable attorney's fee of at least Fifty Dollars ($50.00) to be fixed by the court together with the costs of the action, Section 10. Subordination of the tien to Mortgages. The tien of the assessments provided for herein shall be subordinate to the len of any first deed of trust now or hereafter placed upon the properties subject to assessment; provided, however, that such subordInatlon shal! apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, a deed of foreclosure under power of sale or any other transfer in lieu of foreclosure. Such sale or transfer shall not relieve such property from Viabltity for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment.
Section 11, Exempt Property. The followlng property subject to this Declaration shall be exempted from the assessments, charges and Ilens created herein: (a) al! properties to the extent of any easement or other Interest therein dedicated and accepted by the local public authority and devoted to public use; (b) all Common Properties as defined In Article {, Section 1 hereof, ARTICLE VI Rights of First Mortgagees Section t. First mortgagees shall have the right, upon request and during norma! busIness hours, to examine the books and records of the Association, Section 2. Upon its written request, the holder of a first mortgage
mortgagees shall have the right, upon request and during norma! busIness hours, to examine the books and records of the Association, Section 2. Upon its written request, the holder of a first mortgage upon a tot or Living Unit shal! be entitled to written notification of any -10A AEA TC - . .
‘STUOOS, COLE, BREEDLOVE, | PAENTES & POE ATTORNEYS AT LAW 122 EAST PARRISH STREET euanan, @ C.
sok 4135 rice: 170 default by the Owner of said Lot or Living Unit in the performance of his obligations pursuant to these Covenants or the By-Laws of the Assoclation, if such default Is not cured within thirty (30) days.
Section 3. One or more first mortgagees of Lots or Living Units may, Jointly or singly, in respect to the Common Properties, pay taxes or other ‘ | charges which are in default and have or may become a charge agalnst same, pay overdue hazard insurance premiums or secure new hazard Insurance coverage | after policy lapse. The parties making such expenditures shati be entitled to immediate reimbursement from the Association.
Section 4. Without having first received written approval from at least seventy-five (75%) percent of the first mortgagees (based upon one vote for each mortgagee) of the Lots or Living Units, the Association may not (a) by act or omisston seek to abandon, partition, subdivide, encumber, sell or transfer the real property which ts owned, directly or Indirectly, by the Association; provided, however, that the granting of easements for public utilities or for other public purposes consistent with the intended use of such property by the Association shall not be deemed a transfer within the meaning of this clause.
(b) change the method of determining the obligations, assess— ments, dues or other charges which may be levied against the owner of a Lot
ll not be deemed a transfer within the meaning of this clause.
(b) change the method of determining the obligations, assess— ments, dues or other charges which may be levied against the owner of a Lot or Living Unit.
(c) by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterlor appearance of units, the exterior maintenance of units, the maintenance of party walls or common fences and driveways, or the upkeep of lawns and plantings In The Properties.
(d) fall to maintain hazard Insurance on tnsurable improvements upon the Common Property in an amount less than one hundred (100%) percent of the current insurable replacement cost.
(e) use hazard insurance proceeds from losses to any Common Property for other than the repair, replacement or reconstruction of such Improvements. a ; ARTICLE Vil Party Walls Section 1. General Rules of Law to Apply. Each wall which is bulit -WeGTUBGS, COLE, SREEQLOVE, PRENTIS & POE ATTORNEVE AT LAW 122 EAST PAARISH STREET OUAHAM, M,C dod £435 rice 17 as a part of the original construction of the homes upon The Properties and placed on the dividing tine between the Lots shall constitute a party wall, ‘and to the extent not Inconsistent with the provisions of thls Article, the general rules of !aw regarding party walls and of lfabIility for property damage due to negtIigent or willful acts or omisstons shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair. and maintenance of a party wall shall be shared by the Owners who make use of the wal! in proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party walt Is destroyed or damaged by fire or other casualty, any Owner who has used the
ners who make use of the wal! in proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party walt Is destroyed or damaged by fire or other casualty, any Owner who has used the wall must restore It as a party wall unless the other Owner agrees to the - contrary In advance, and the other Owners thereafter making use of the wall shal! contribute to the cost of restoration thereof In proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution for the others under any rule of law regarding Viabilttity for negligent or willful acts or omissions.
Section 4, Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.
Section 5. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors tn title, Section 6. Arbitration, in the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shal? choose one arbitrator, and such arbitrators shall chose one additional arbitrator, and the decision of a majority of all the arbitrators shall be final and conclusive of the question Involved.
ARTICLE vttl Aesthetics Committee Section 1. Review by Committee. No bullding, fence, wall or other structure nor any plantIng or landscaping change (other than on the Inside of i a fenced area) shall be commenced, erected or maintained upon The Properties by other than the Developer nor shal! any exterfor addition to or change or
ndscaping change (other than on the Inside of i a fenced area) shall be commenced, erected or maintained upon The Properties by other than the Developer nor shal! any exterfor addition to or change or alteration therein be made until the plans and specifications showing the -12- lo nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an aesthetics committee composed of three (3) or more representatives appointed by the Board. in the event | said board, or Its designated committee, fall to approve or disapprove such | design and location within thirty (30) days after sald plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been complied with fully. The Association shall have the right to bring action to enjoin any activity taken In violation of this Article.
ARTICLE 1X Exterior Maintenance Section 1. Exterior Maintenance. In addition to maintenance upon the Common Propertles, the Association shall provide exterlor maintenance upon each Lot and Living Unit which Is subject to assessment under Article V hereof as follows: paint, repair, replace and care for roofs, gutters, downspouts, exterlor building surfaces (other than windows, screens and glass doors), trees, shrubs, grass, walks, and other exterlor improvements. i Sectlon 2. Assessment of Cost. The cost of such exterlor maintenance may be assessed against the Lot or Living Unit upon which such maintenance Is done and shall be added to and become part of the annual maintenance assess-
f Cost. The cost of such exterlor maintenance may be assessed against the Lot or Living Unit upon which such maintenance Is done and shall be added to and become part of the annual maintenance assessment or charge to which such Lot or Living Unit Is subject under Article V hereof and, as part of such annual assessment or charge, ft shall be a tien and obligation of the Owner and shall become due and payable in all respects as provided in Article V hereof. The Board of Directors of the Association, when establishing the annual assessment against each Lot or Living Unit for any assessment year as required under Article V hereof, may add thereto the estimated cost of the exterlor maintenance for that year as shown In the proposed budget of the Association, or it may add an amount to be placed in a sinking fund or reserve for future exterior maintenance.
In the event that the need for maintenance, repair or replacement of materials as set forth herein is caused through the negligence or the willful act of the Owner, Owner's family, guests, Invitees, or tenants, the cost of such maintenance, repair or replacement shal? be assessed to that Owner.
Suse, COLE, BREEDLOVE, ‘PRENTIS & POE ATTOANEYS AY LAW 122 EAST PARRESH STREET -~13OuRKAM, UC.
‘STUGSS, COLE, BREEOLOVE, PRENTIS & POE ATTORNEYS AT LAW 122 EAST PARRISH STREET OURHAM, N.C.
s00k L135 rice 1.73 Sect lon 3. Access at Reasonable Hours. For the purpose solely of performing the exterlor maintenance required by this Article, the Assoc I~ atlon, through Its duly authorized agents or employees shal! have the right, - after reasonable notice to the Owner, to enter upon any Lot or exterlor of any Living Unit at reasonable hours on any day.
ARTICLE X General Provisions
ized agents or employees shal! have the right, - after reasonable notice to the Owner, to enter upon any Lot or exterlor of any Living Unit at reasonable hours on any day.
ARTICLE X General Provisions Section 1, No Lot or Living Unit shal? be used for any purpose which Is not permissible under appiIcable governmental residential zoning regulations.
Section 2, No noxlous or offensive trade or activity shall be carried on upon or In any Lot or Living Unit, nor shal! anything be done thereon which may be or become an annoyance or nuJsance to the neighborhood.
Section 3, No traller, mobile home, basement, tent, shack or garage shalt at any time be used for human habitation temporarlly or permanently, nor shall any structure of a temporary character be used for human habIitatlton.
Section 4, The Board of Directors shall have the authority to adopt rules for the use of the Common Properties and shal! furnish a written copy of sald rules to the owners, Any violation of such rules shall be punishable by fine and/or suspension of the voting rights. The Board of Directors shal?
also have the power to adopt rules and regulations which prohibit or Vimit the types of animals or household pets which may be kept [n or about the Lots or Living Units and which govern thelr allowance upon the Common Properties.
Section 5, Ouration. The covenants and restrictions of this Declaratlon shat) run with and bind the land,.and shall Inure to the benefit of and be enforceable by the Assoclation, or the Owner of any land subject to this Declaratfon, their respective legal representatlves, helrs, successors and assigns, for a term of twenty (20) years from the date this Declaration Is recorded, after which time safd covenants shat! be automatically extended for
ve legal representatlves, helrs, successors and assigns, for a term of twenty (20) years from the date this Declaration Is recorded, after which time safd covenants shat! be automatically extended for successIlve perlods of ten (10) years unless an instrument stgned by the then Owners of seventy-five (75%) percent of the Lots or Living Units has been recorded, agreeing to change said covenants and restrictions In whole or In part. (for purposes of meeting the seventy-five (75%) percent requirement, when Living Units are counted, the Lot or Lots upon which such Living Units STUSOR, COLE, BREEDLOVE, PRENTIS & POE ATTORNEYS AT Law 122 EAST PARAISH STREET OvRnAM, & C.
sod ALGS rice 174 are situated shall not be counted.) Provided, however, that no such agreement to change shal? be effective unless made and recorded one (1) year In advance of the effective date of such change, and unless written notice of the proposed change is sent to every Owner at least ninety (90) days tn advance of any action taken; and provided, however, that at all times dur tng the existence of these covenants and restrictions that those areas set forth and set aside as common areas shall be retained for those purposes.
Section 6. Amendment. These covenants and restrictions may be amended during the first twenty (20) year period by the vote of not less than ninety (90%) percent of each class of members cast in person or by proxy at a meeting duly called for this purpose, written notice of which Including the subject matter of the proposed amendment, shall be sent to all members at least thirty (30) days In advance. Thereafter, these covenants and restrictions may be amended by the vote of at least seventy-five (75%) percent of
oposed amendment, shall be sent to all members at least thirty (30) days In advance. Thereafter, these covenants and restrictions may be amended by the vote of at least seventy-five (75%) percent of each class of members cast In person or by proxy at a meeting duly called for this purpose, written notice of which Including the subject matter of the proposed amendment, shall be sent to all members at least thirty (30) days in advance. Matters mentioned elsewhere in these covenants requiring the approval of first mortgagees or requiring a greater percentage of members for approval shall be so governed. Any such amendment shall become operative and binding upon al? members and thelr properties when set forth In an Amended Declaration of Covenants and Restrictions and recorded In the office of the Register of Deeds of Durham County, North Carolina.
Section 7. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, or otherwise delivered, to the last known address | of the person who appears as Member or Owner on the records of the Assoctation at the time of such mailing.
Section 8, Enforcement. Enforcement of these covenants and restrictlons shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and agalnst the land to enforce any lien created by these covenants; and fallure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
-15en to be duly executed as of the day and year first above written.
ATTESTs Secretary y
enant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
-15en to be duly executed as of the day and year first above written.
ATTESTs Secretary y ATURE, COLE, BREZOLOVE, PRENTIO & POE ATTOANWEYE AT LAW 122 EAST PARAISH STREET QUAHAM, N.C, or restrictions by Judgment or court order shall In no wise affect any other ‘ provistons which shal! remain tn ful! force and effect.
ship, the following actions will require the prior approval of the Federal Houstng Administration or the Veterans Administration: Annexation of additional properties, dedication of Common Area, and amendment of thls Declaration of Covenants, Conditlons and Restrictions.
side ALIS ace 175 Section 9, invalidation of any one of these covenants Severabl lity.
Section 10, FHA/VA Approval. As tong as there Is a Class 8 memberIN WITNESS WHEREOF, WILLOW ASSOCIATES, INC. has caused this Instrument WILLOW ASSOCIATES, INC.
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Bys Président MLZ rice 496 NORTH CAROLINA DURHAM COUNTY This ts to certify that on thls day personally came before me Patricia A. Langston with whom | am personally acqualnted, who, being by me duly sworn, says that E.R. Patterson ts the , President and that she, sald Patricia A. Langston is Secretary of WILLOW ASSOCIATES, INC. the corporation descr Ibed in and which executed the foregoing Instrument; that she knows the common seal of sald Corporation; that the seal affixed to sald instrument Is sald common seal, and that the name of the Corporation was subscribed thereto by the said President, and that sald President and Secretary subscribed their names thereto and sald common seal was affixed, all by order of the Board of Directors of said Corporation, and that said Instrument Is the act and deed of said Corporation.
. 2.
tary subscribed their names thereto and sald common seal was affixed, all by order of the Board of Directors of said Corporation, and that said Instrument Is the act and deed of said Corporation.
. 2.
Gitiscia. A, 2regns “My ciomm ss Ton expires: LIGA: March 17, 1985 FILED 800K ee Back [e116 Oct 27 | an PHA Su SET SURHAN COUNTY. NE.
EXHIBIT A BEGINNING at a stake on the east side of Colchester Street, said stake betng the northwest corner of Lot 2 in Block 8, Section 2 of Hope Valley North, as per plat and survey In Plat Book 71 at Page 61, Durham County Registry; and running thence North 4° 42! 17" West 90.86 feet to a stake; thence North 85° 12! 6! West 35 feet to a stake; thence North 83° 50! West 221.67 feet to a stakes thence South 28° 28' 10! West 10 feet to a stake; thence North 8° 44! 32! East 37.54 feet to a stake; thence North 16° 10!
48" East 290 feet to a stakes; thence South 79° 14' 16" East 342.48 feet to a stake; thence South 4° 15' 48! West 70.83 feet to a stake; thence South 4° 47" 36" West 135.90 feet to a stake; thence South 4° 54! 16"! West 168.26 feet to a stakes; thence North 83° 5Q' West 125.1 feet to a stake, the point and place of BEGINNING, containing 2.846 acres, more or less, and being Cedarwood Villas, Phase 1, Section 1, as per plat and survey thereof now on file in the Office of the Register of Deeds of Durham County In Plat Book 102 at Page 181, to which piat reference Is hereby made for a more particular description of same.
Witness my hand and notarial seal this 27th = day of October ' | tr eh yen SU SAS TS Nr