90 2 000187 DECLARATION OF ISLAND BUSINESS CENTER BOOK PAGE 2578 0132 '99 MAY 20 PM ST 1:37 ARTICLE 1. SUBMISSION; DEFINITIONS RECORDED & VERIFIED MARY SUE DOTS REGISTER OF DEEDS Section 1.1 Submission of Property. SECOF LLC, a North Caroling Lane Co Nich Company ("Declarant”), owner in fee simple of the real estate described in Exhibit “A”, located New Hanover County, North Carolina, hereby submits such real estate, including all improvements, easements, rights and appurtenances thereunto belonging to the provisions of Chapter 47C of the General Statutes of North Carolina, known as the North Carolina Condominium Act ("Condominium Act"), and hereby creates with respect to said real estate a condominium to be known as "ISLAND BUSINESS CENTER" ("Condominium"). The Declarant may, but is not obligated to, add additional real estate, including improvements, easements, rights and appurtenances thereunto belonging, to this Declaration of Condominium and to the condominium form of ownership. If Declarant exercises such development right, it shall do so in one or more subsequent amendments hereto. The recording of such Amendment with an Exhibit "A" describing the real estate, including improvements, easements, rights and appurtenances thereto belonging, shall, for the purposes of this condominium, be considered a supplementation and addition to the Exhibit "A" attached hereto.
Section 1.2 Definitions. As used in the Condominium Documents, the following words and phrases shall have the following meanings: (a) “Allocated Interests" means the undivided interest in the Common Elements and Common Expense liability, and votes in the Association, allocated to Units in the Condominium. The Allocated Interests are described in Article 7 of this Declaration and shown on Exhibit "B".
(b)
and Common Expense liability, and votes in the Association, allocated to Units in the Condominium. The Allocated Interests are described in Article 7 of this Declaration and shown on Exhibit "B".
(b) "Association" means ISLAND BUSINESS CENTER OWNERS ASSOCIATION, a non-profit corporation organized under Chapter 55A of the General Statues of North Carolina. It is the Association of the Unit Owners pursuant to Section 47C-3-101 of the Condominium Act.
time.
(c) "Bylaws” means the Bylaws of the Association, as they may be amended from time to (d) "Common Elements” means all portions of the Condominium other than the Units including, but not limited to, all exterior surfaces of buildings.
(e) "Common Expenses" means the expenses or financial liabilities for the operation of the Condominium. These include: (i) expenses of administration, maintenance, repair or replacement of the Common Elements; € @ (iv) expenses declared to be Common Expenses by the Condominium Documents or by the Condominium Act; expenses agreed upon as Common Expenses by the Association; and such reasonable reserves as may be established by the Association, whether held in trust or by the Association, for repair, replacement or addition to the Common Elements or any other real or personal property acquired or held by the Association.
584524 RETURN TO NED M. BARNES 2578 1 ... 0133 (f) "Condominium" means the real property described in Exhibit "A", subject to this Declaration of Condominium.
(g) "Condominium Documents' means this Declaration, the Plats and Plans recorded and filed pursuant to the provisions of the Condominium Act, the Bylaws, and the Rules and Regulations as Any exhibit, they may be adopted and amended from time to time.
schedule, or certification accompanying a Condominium Document is
s of the Condominium Act, the Bylaws, and the Rules and Regulations as Any exhibit, they may be adopted and amended from time to time.
schedule, or certification accompanying a Condominium Document is a part of that Condominium Document.
(h) "Declarant" means SECOF LLC ΟΙ its successor or assigns as defined in Section 47C-1-103 (9) of the Condominium Act.
(i) "Development Rights" means the rights reserved by the Declarant under Article 6 of this Declaration to create Units, Elements, and Common Limited Common Elements within the Condominium.
(j) the earlier of: (k) (i) *Declarant Control Period" means the period prior to (ii) (iii) (iv) one hundred twenty (120) days after conveyance of seventy-five percent (75%) of the Units which may be created to Unit Owners other than a Declarant; two (2) years after all Declarants have ceased to offer Units for sale in the ordinary course of business; two (2) years after any right to add new Units was last exercised; or fifteen (15) years after the first Unit is conveyed to a Unit Owner other than a Declarant.
"Director" means a member of the Executive Board.
(1) "Eligible Mortgagee" means an institutional lender holding a first mortgage or first deed of trust ("First Mortgage") encumbering a Unit that has notified the Association in writing of its status, stating both its name and address and the Unit number and has or address of the Unit its First Mortgage encumbers, For purposes requested all rights under the Condominium Documents.
of Article 16 only, when any right is to be given to an Eligible Mortgagee, such right shall also be given to the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Veterans Administration, the Federal Housing Administration,
ble Mortgagee, such right shall also be given to the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Veterans Administration, the Federal Housing Administration, the Farmers Home Administration, the Government National Mortgage Association and any other public or private secondary mortgage market entity participating in purchasing or guarantying mortgages if the Association has notice of such participation.
(m) "Executive Board" means the Board of Directors of the Association.
to, (n) Improvements" means any construction, structure, fixture or facilities existing or to be constructed on the land included in the Condominium, including but not limited buildings, trees and shrubbery planted by the Declarant or the Association, paving, utility lines, pipes, and light poles.
(0) "Limited Common Elements" means the portion of the Common Elements allocated for the exclusive use of one or more but fewer than all of the Units by the Declaration or by operation of Section 47C-2-102 (2) and (4) of the Condominium Act. The Limited Common Elements in the Condominium are described in Article 3 of this Declaration.
2 BOOK PAGE 2578 0134 (p) "Majority or Majority of Unit Owners" means the owners of more than fifty-one percent (51%) of the votes in the Association.
(q) "Manager" meano a person, firm or corporation services for or engaged to perform management employed Condominium and the Association.
the (r) "Notice and Comment" means the right of a Unit Owner to receive notice of an action proposed to be taken by or on behalf of the Association, and the right to comment thereon. The procedures for Notice and Comment are set forth in Section 22.1 of this Declaration.
(a) an "Notice and Hearing" means the right of a Unit Owner
he Association, and the right to comment thereon. The procedures for Notice and Comment are set forth in Section 22.1 of this Declaration.
(a) an "Notice and Hearing" means the right of a Unit Owner to receive notice of action proposed to be taken by the Association, and the right to be heard thereon. The procedures for Notice and Hearing are set forth in Section 22.2 of this Declaration.
(t) "Person" means an individual, corporation, business, trust, estate, trust, partnership, association, joint venture, government, government subdivision or agency, or other legal or commercial entity.
at (u) "Plats and Plans" means the Plats and Plans recorded simultaneously with this Declaration in Condominium Book through and constituting a part hereof, as the same may be amended from time to time.
Pages (v) "Property" means the land, all Improvements, easements, rights and appurtenances, which have been submitted to the provisions of the Condominium Act by this Declaration.
(w) "Public Offering Statement" means the current document prepared pursuant to Section 47C-4-103 of the Condominium Act as it may be amended from time to time, and provided to purchasers prior to the time of execution of a Purchase Agreement.
(x) "Rules and Regulations" means Rules and Regulations for the use of Units and Common Elements and for the conduct of persons within the Condominium, adopted by the Executive Board pursuant to this Declaration.
(y) "Security Interest" means an interest in real estate or personal property, created by contract or conveyance which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, contract for deed, land sales contract, lease intended as security, assignment of
which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, contract for deed, land sales contract, lease intended as security, assignment of lease ΟΙ rents intended да security, pledge of an ownership interest in the Association, and any other consensual lien or title retention contract intended as security for an obligation.
(z) "Special Declarant Rights" means the rights reserved for the benefit of a Declarant to: (i) (ii) (iii) (iv) complete Improvements indicated on the Plats and Plans filed with the Declaration; exercise any Development Rights; maintain sales offices, management offices, signs advertising the Condominium, and models; use easements through the Common Elements for the purpose of making Improvements within the Condominium or within real estate that may be added to the Condominium; 3 BOOK 2578 PAGE 0135 of (v) (vi) (vii) ΟΙ remove any officer appoint the Association ΟΙ any Executive Board member during the Declarant Control Period; to grant such easements across Common Areas as Declarant deems necessary or convenient; or amend the Bylaws of the Association during the period of Declarant Control.
(aa) "Trustee" means the entity which may be designated by the Executive Board as the Trustee for the receipt, administration, and disbursement of funds derived from insured losses, condemnation awards, special assessments for uninsured losses, and other like sources as defined in the Bylaws. If no Board from time to time constituted, acting by majority vote, as executed by the President and attested by the Secretary.
(bb) "Unit" means a physical portion of the Condominium designated for separate ownership or occupancy, the boundaries of which are described in Section 2.2 of this Declaration.
sted by the Secretary.
(bb) "Unit" means a physical portion of the Condominium designated for separate ownership or occupancy, the boundaries of which are described in Section 2.2 of this Declaration.
(cc) *Unit Owner" means the Declarant or other Person who owns a Unit. Unit Owner does not include a Person having an interest in a Unit solely as security for an obligation. The Declarant is the initial owner of any Unit created by this Declaration.
ARTICLE 2. MAXIMUM NUMBER OF UNITS; BOUNDARIES Section 2.1 Maximum Number of Units. The Condominium, upon creation, contains 14 Units Section 2.2 Boundarie Boundaries of each Unit created by this Declaration are shown on the Plats and Plans as numbered Units with their identifying number and are described as follows: (a) Upper Boundary: The horizontal or sloping plane or planes of the unfinished lower surfaces of the ceiling or roof, as the case may be, bearing structure surfaces, beams, and rafters, extended to an intersection with the vertical perimeter boundaries.
(b) Lower Boundary: The horizontal plane or planes of the undecorated or unfinished upper surfaces of the floors extended to an intersection with the vertical perimeter boundaries and open, horizontal, unfinished surfaces of trim, sills and structural components.
(c) Vertical Perimeter Boundary: The planes defined by the inner surfaces of the studs and framing of the perimeter walls; the unfinished inner surfaces of the masonry walls; the unfinished surfaces of the interior trim and thresholds along perimeter walls and floors; the unfinished inner surfaces of closed windows and closed perimeter doors; and the innermost unfinished planes of all interior bearing studs and framing of bearing walls, columns,
r walls and floors; the unfinished inner surfaces of closed windows and closed perimeter doors; and the innermost unfinished planes of all interior bearing studs and framing of bearing walls, columns, bearing partitions, and partition walls between separate Units.
(d) Inclusions: Each Unit will include the spaces and Improvements lying within the boundaries described in Subsections 2.2(a), (b), and (c), above, and will also include the spaces and Improvements within such spaces including water heating and air conditioning apparatus, smoke detector systems and all electrical switches, wiring, pipes, ducts, conduits, smoke detector systems and television, telephone, and electrical receptacles and light fixtures and boxes serving that Unit exclusively, from the point of entry into the Unit from any adjoining Common Areas. Moreover, included in the definition of Unit shall be all HVAC systems which exclusively serve such Unit, whether located within the Unit or BOOK PAGE 2578 0136 beyond the perimeter boundaries of such Unit, whether ΟΙ not contiguous.
(e) Exclusions: Except when specifically included by other provisions of Section 2.2, the following are excluded from each Unit: The spaces and Improvements lying outside of the boundaries described in Subsections 2.2(a), (b) and (c), above; and all chutes, pipes, flues, ducts, wires, conduits, skylights and other facilities running through or within any interior wall or partition for the purpose of furnishing utility and similar services to other Units and Common Elements or both.
(f) Non-Contiguous Portions: Certain Units may include special portions, pieces or equipment such as air conditioning compressors, meter boxes, utility connection structures and storage
ments or both.
(f) Non-Contiguous Portions: Certain Units may include special portions, pieces or equipment such as air conditioning compressors, meter boxes, utility connection structures and storage portions situated in buildings or structures that are detached or semidetached from the buildings containing the principal occupied portion of the Units. Such special equipment and storage portions are a part of the Unit notwithstanding their non-contiguity with the occupied portions.
(g) Inconsistency If this with Plats and Plans: definition is inconsistent with the Plate and Plans, then this definition will control ARTICLE 3. LIMITED COMMON ELEMENTS The following portions of the Common Elements are Limited Common Elements assigned to the Units as stated: (a) If a chute, flue, pipe, duct, wire, conduit, bearing or non load bearing wall, bearing column, or other fixture lies partially within and partially outside the designated boundaries of a Unit, the portion serving only the Unit is a Limited Common Element, allocated solely to the Unit, the use of which is limited to that Unit, and any portion thereof serving more than one Unit or a portion of the Common Elements is a part of the Common Elements.
(b) Any shutters, awnings, doorsteps, stoops, porches, entrance ways, patios, loading docks or bays, or other fixture designed to serve a single Unit that is located outside of the boundaries of the Unit, are Limited Common Elements allocated exclusively to the Unit and their use is limited to that Unit.
(c) Stoops and steps at the entrances to each building, which provide access to less than all Units, the use of which is limited to the Units to which they provide access.
(d) Storm windows and storm doors, if any.
Limited Common Elements of the Unit to which they service.
ess to less than all Units, the use of which is limited to the Units to which they provide access.
(d) Storm windows and storm doors, if any.
Limited Common Elements of the Unit to which they service.
will be (e) Mailboxes, nameplates, permitted signage, and exterior lighting affixed to the building will be Limited Common Elements allocated to the Unit served.
ARTICLE 4.
MAINTENANCE, REPAIR AND REPLACEMENT Section 4.1 Common Elements. The Association will maintain, repair and replace all of the Common Elements, except the portions of the Limited Common Elements which are required by this Declaration to be maintained, repaired or replaced by the Unit Owners.
Section 4.2 Units. Each Unit Owner shall maintain, repair and replace, at his or her own expense, all portions of his or her Unit, except the portions thereof to be maintained, repaired or replaced by the Association.
Section 4.3 Limited Common Elements. Any Common Expense associated with the maintenance, repair or replacements of heat exchanger, heat outlet, enclosures and mechanical attachments will 5 BOOK 2578 TAGL 0137 be assessed against the Unit or Units to which the Limited Common Element is assigned.
Common Expenses associated with the maintenance, repair or replacement of components and elements attached to or a part of stoops, entranceways patios, loading docks or bays, exterior doors and windows will be assessed against the Unit or Units to which the Limited Common Element is assigned. No additional component or element may be attached without consent of the Executive Board.
the event such additional component or element becomes deteriorated or unsightly or is inconsistent with conditions of installation it may be removed or repaired at the Unit Owner's expense as a Common
he event such additional component or element becomes deteriorated or unsightly or is inconsistent with conditions of installation it may be removed or repaired at the Unit Owner's expense as a Common Expense assessment under this Section, after Notice and Hearing.
In If any such Limited Common Element is assigned to more than one Unit, the Common Expenses attributable to the Limited Common Element will be assessed equally among the Units to which it is assigned.
Common Expenses associated with the cleaning, maintenance, repair or replacement of all other Limited Common Elements will be assessed against all Units in accordance with their Allocated Interests in the Common Expenses.
Each Unit Owner shall be responsible for removing all snow, leaves and debris from all patios, stoops, entrance ways, loading docks or bays, and other areas designated herein as Limited Common Elements appurtenant to his or her Unit. If any such Limited Common Element is appurtenant to two or more Units, the owners of those Units will be jointly responsible for such removal.
Section 4.4 Acces. Any Person authorized by the Executive Board shall have the right of access to all portions of the Property for the purpose of correcting any condition threatening a Unit or the Common Elements, and for the purpose of performing installations, alterations or repairs, and for the purpose of reading, repairing, replacing utility meters and related pipes, valves, wires and equipment, provided that such requests for entry are made in advance and that any such entry is at a time reasonably convenient to the affected Unit Owner. In case of an emergency, no such request or notice is required and such right of entry shall be immediate, whether or not the Unit Owner is present at the time.
convenient to the affected Unit Owner. In case of an emergency, no such request or notice is required and such right of entry shall be immediate, whether or not the Unit Owner is present at the time.
Section 4.5 Repaire Resulting from Negligence. Each Unit Owner will reimburse the Association for any damages to any other Unit, to the Common Elements, or to Limited Common Elements caused intentionally, negligently or by his or her failure to properly maintain, repair or make replacements to his or her Unit. The Association will be responsible for damage to Units caused intentionally, negligently or by its failure to maintain, repair or make replacements to the Common Elements. If such expense is caused by misconduct, it will be assessed following Notice and Hearing.
ARTICLE 5. SUBSEQUENTLY ALLOCATED LIMITED COMMON ELEMENTS Those portions of the Common Elements now or hereafter improved as parking spaces may be subsequently allocated as Limited Common Elements in accordance with Subsection 6.1 (c) and Article 10 of this Declaration, or may be assigned by Rules and Regulations of the Executive Board, or may be limited by Rules and Regulations to visitors only.
ARTICLE 6.
DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS Section 6.1 Reservation of Development Rights. The Declarant reserves the following Development Rights: the (a) The right by amendment to withdraw real estate from Condominium in the location shown ав "Development Rights 6 BOOK 2578 PAGE 0138 Reserved in this Area", or labeled "Withdrawable Land", "Need Not Be Developed", or words of similar effect, on the Plats and Plans and described in Exhibit "C" attached hereto.
(b) The right by amendment to add and create Units, Common Elements, and Limited Common Elements within the Condominium
lar effect, on the Plats and Plans and described in Exhibit "C" attached hereto.
(b) The right by amendment to add and create Units, Common Elements, and Limited Common Elements within the Condominium in the location shown as "Development Rights Reserved in this Area" and on the Plats and Plans and described in Exhibit "C" attached hereto.
(c) The right to construct underground utility lines, pipes, wires, ducts, conduits and other facilities across the land anywhere in the Condominium for the purpose of furnishing utility and other services to buildings and Improvements to be constructed on the land designated "Development Rights Reserved in this Area" on the Plats and Plans. The Declarant also reserves the right to grant easements to public utility companies and to convey Improvements within those easements anywhere in the Condominium for the above-mentioned purposes. If the Declarant grants any such easements, Exhibit "A" will be amended to include reference to the recorded easement.
The Section 6.2 Limitations. on Development Rights.
Development Rights reserved in Section 6.1 are limited as follows: (a) The Development Rights may be exercised at any time but not more than fifteen (15) years after the recording of the initial Declaration; (b) Not more than four (4) additional Units may be created under the Development Rights; (c) The quality of construction of any buildings and Improvements to be created on the Property shall be consistent with the quality of those constructed pursuant to this Declaration as initially recorded.
(d) All Units and Common Elements created pursuant to the Development Rights will be restricted to office and retail use, as permitted in a Commercial Services Zoning District under the
ally recorded.
(d) All Units and Common Elements created pursuant to the Development Rights will be restricted to office and retail use, as permitted in a Commercial Services Zoning District under the current Zoning Ordinance for the City of Wilmington, in the same manner and to the same extent as the Units created under this Declaration as initially recorded.
Section 6.3 Phasing of Development Rights. No assurances are made by the Declarant regarding the portions of the areas shown as "Development Rights Reserved in this Area", "Withdrawable Land", "Need Not Be Developed", or words of similar effect on the Plats and Plans as to the portions where the Declarant will exercise its Development Rights or the order in which such portions, or all of the areas, will be developed or withdrawn. The exercise of Development Rights as to some portions will not obligate the Declarant to exercise them as to other portions, but no part of a portion may be withdrawn after a Unit in that portion has been conveyed to a purchaser.
Section 6.4 Special Declarant Rights. The Declarant reserves the following Special Declarant Rights, to the maximum extent permitted by law, which may be exercised, where applicable, anywhere within the Condominium: (a) To complete Improvements indicated on the Plats and Plans filed with the Declaration; (b) To exercise a Development Right reserved in the Declaration; (c) To maintain sales offices, management offices, signs advertising the Condominium, and models; 7 BOOK 2578 PAGE 0139 (d) To use easements through the Common Elements for the purpose of making Improvements within the Condominium and construction on, or other uses of adjoining properties whether or not such other use is related to or associated with the Condominium development;
ose of making Improvements within the Condominium and construction on, or other uses of adjoining properties whether or not such other use is related to or associated with the Condominium development; (e) To appoint or remove an officer of the Association or an Executive Board member during the Declarant Control Period subject to the provisions of Section 6.9 of this Declaration.
Section 6.5 Models, Sales Offices and Management offices. As long as the Declarant is a Unit Owner, the Declarant and its duly authorized agents, representatives and employees may maintain any Unit owned by the Declarant or any portion of the Common Elements as a model unit or sales office or management office.
The Section 6.6 Construction: Declarant's Fanmments.
Declarant reserves the right to perform repairs and construction work, and to store materials in secure areas, in Units and Common Elements, and the further right to control all such work and repairs, and the right of access thereto, until its completion.
All work may be performed by the Declarant without the consent or approval of the Executive Board or any Unit Owner. The Declarant has an easement through the Common Elements as may be reasonably necessary for the purpose of discharging the Declarant's obligations and for exercising Special Declarant Rights, whether arising under the Condominium Act or reserved in the Declaration.
Such easement includes the right to convey utility and drainage easements to public utilities, municipalities, the State of North Carolina, riparian owners or upland owners to fulfill the plan of development.
Section 6.7 Signs and Marketing. The Declarant reserves the right to post signs and displays in the Common Elements to promote sales of Units, and to conduct general sales activities, in a
evelopment.
Section 6.7 Signs and Marketing. The Declarant reserves the right to post signs and displays in the Common Elements to promote sales of Units, and to conduct general sales activities, in a manner as will not unreasonably disturb the rights of Unit Owners.
Section 6.8 Declarantía Personal Property. The Declarant reserves the right to retain all personal property and equipment used in the sales, management, construction and maintenance of the premises that has not been represented as Property of the Association. The Declarant reserves the right to remove from the Property, any and all of the goods and Improvements used in development, marketing and construction, whether or not they have become fixtures.
Section 6.9 Declarant Control of the Association.
(a) Subject to Subsection 6.9 (b), during the Declarant Control Period, a Declarant or persons designated by the Declarant may appoint and remove the officers and members of the Executive Board. A Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board before the termination of the Declarant Control Period, but in the event the Declarant may require, for the duration of the Declarant Control Period, that specified actions of the Association or Executive Board, ав described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective.
(b) Not later than sixty (60) days after conveyance of twenty-five percent (25%) of all Units that may be created to Unit Owners other than a Declarant, at least one member and not less 8 BOOK PAGE 2578 0140 than twenty-five percent (25%) of the members of the Executive Board shall be elected by Unit Owners other than the Declarant.
than a Declarant, at least one member and not less 8 BOOK PAGE 2578 0140 than twenty-five percent (25%) of the members of the Executive Board shall be elected by Unit Owners other than the Declarant.
Not later than sixty (60) days after conveyance of fifty percent (50%) of all Units that may be created to Unit Owners other than a Declarant, not less than thirty-three percent (33%) of the members of the Executive Board must be elected by Unit Owners other than the Declarant.
(c) Not later than the termination of the Declarant Control Period, the Unit Owners shall elect an executive Board of at least three (3) members, at least a majority of whom shall be Unit Owners. The Executive Board shall elect the officers.
The Executive Board members and officers shall take office upon election.
(d) Notwithstanding any provision of this Declaration or the Bylaws to the contrary, following notice under Section 47C-3108 of the Condominium Act, the Unit Owners, by a sixty-seven percent (67%) vote of all person present and entitled to vote at a meeting of the Unit Owners at which a quorum is present, may remove a member of the Executive Board with or without cause, other than a member appointed by the Declarant.
Section 6.10 Limitations on Special Declarant Rights. Unless sooner terminated by an amendment to the Declaration executed by the Declarant, any Special Declarant Right may be exercised by the Declarant until the earlier of the following: (i) (ii) (iii) so long as the Declarant holds a Development Right to create additional Units or Common Elements or to withdraw real estate from the Condominium; or so long as Declarant owns any Unit; or fifteen (15) years after recording this Declaration.
Section 6.11 Interference with Special Declarant Rights.
or to withdraw real estate from the Condominium; or so long as Declarant owns any Unit; or fifteen (15) years after recording this Declaration.
Section 6.11 Interference with Special Declarant Rights.
Neither the Association nor any Unit Owner may take any action or adopt any rule that will interfere with or diminish any Special Declarant Right without the prior written consent of the Declarant.
ARTICLE 7. ALLOCATED INTERESTS Section 7.1 Allocation of Intereste. The table showing Unit numbers and their Allocated Interests is attached as Exhibit "B".
These interests have been allocated in accordance with the formulas set out in this Article 7. These formulas are to be used in reallocating interests if Units are added to the Condominium.
Section 7.2 Formules for the Allocation of Interests.
The interests allocated to each Unit have been calculated on the following formulas: (a) Undivided Interest in the Common Elements. The percentage of the undivided interest in the Common Elements allocated to each Unit is based on the relative heated and cooled floor area of each Unit as compared to the heated and cooled floor area of all of the Units in the Condominium. For the purposes of computing such undivided interest, all warehouse space of each Unit shall be considered to be "heated and cooled floor area" of a Unit.
Liability for the Common Expenses. Each Unit in the Condominium shall share in the Common Expenses of the Condominium in the same percentage of liability as their respective percentage of ownership in the Common Expenses as established therein. Nothing contained in this Subsection shall prohibit certain Common Expenses from being apportioned to particular Units under Article 17 of this Declaration.
(b) 9 BOOK 2578 PAGE 0141
ablished therein. Nothing contained in this Subsection shall prohibit certain Common Expenses from being apportioned to particular Units under Article 17 of this Declaration.
(b) 9 BOOK 2578 PAGE 0141 (c) Votes. Each Unit in the Condominium shall have one vote which shall be equal to such percentage portion or fraction of Unit Owners, unless otherwise stated in the Condominium Documents, means the specified percentage, portion, or fraction of all of the votes as allocated in Exhibit "B".
Section 7.3 Asaiment of allocated Interest Doon Creation of Units Pursuant to Exercise of Development sights. The effective date for assigning Allocated Interests to Units created pursuant to Section 6.1 of this Declaration shall be the date on which the amendment creating the Units is recorded in the Office of the Register of Deeds of New Hanover County, North Carolina.
ARTICLE §.
RESTRICTIONS OR USE, ALIENATICH AND OCCUPANCY Section 8.1 Use and Occupancy Restrictions. Subject to the Special Declarant Rights reserved under Article 6, the following use restrictions apply to all Units and to the Common Elements: (a) Each Unit is restricted to office and retail use, as allowed in B-3 Zoning District under the current Zoning Ordinance for the Town of Carolina Beach (b) The use of Units and Common Elements is subject to this Declaration, the Articles of Incorporation and Bylaws of the Association, and such Rules and Regulations as may from time to time be promulgated by the Association.
(c) The Owners and/or Tenants of Units in Building shall have the right to erect and maintain one sign to be affixed to the Common Area facade directly adjoining the Unit, subject to approval as to style, size and location by the Declarant during the "Declarant Control
ht to erect and maintain one sign to be affixed to the Common Area facade directly adjoining the Unit, subject to approval as to style, size and location by the Declarant during the "Declarant Control Period" and by the Association thereafter.
(d) Insurance. If any Tenant, Occupant or Unit Owner conducts any activity which causes an increase in insurance premiums to the Association that person shall be responsible to pay the cost of the difference. See Section 20.2 and 20.3 for further insurance provisions.
Section 8.2 Restrictions on Alimation. A Unit may not be leased or rented for a term of less than six months. All leases and rental agreements shall be in writing and subject to the requirements of the Condominium Documents and the Association.
All leases of a Unit shall be deemed to include a provision that the tenant will recognize and attorn to the Association as landlord, solely for the purpose of having the power to enforce a violation of the provisions of the Condominium Documents against the tenant, provided the Association gives the landlord notice of its intent to so enforce, and a reasonable opportunity to cure the violation directly, prior to the commencement of an enforcement action.
ARTICLE 2. RASEMENTS AND LICENSES All easements or licenses to which the Condominium and the Common Elements are presently subject are recited in Exhibit "A" to this Declaration . In addition, the condominium may be subject to other easements or licenses granted by the Declarant pursuant to its powers under Article 6 of this Declaration.
The Condominium shall be benefitted by certain easements which are also identified on Exhibit "A". The easement improvements areas and thereon shall be maintained, repaired and, necessary. replaced by the Association. The costs of all 10 BOOK
tain easements which are also identified on Exhibit "A". The easement improvements areas and thereon shall be maintained, repaired and, necessary. replaced by the Association. The costs of all 10 BOOK PAGE 2578 0142 maintenance, repairs and replacements shall be a Common Expense and shall be paid by the Association.
Additionally, there are certain drainage and Stormwater control systems situate upon and/or near the subject tract. In the event the stormwater control systems are on the adjoining tract of land, from time to time the owner of that tract of land may incur expenses for the operation, maintenance and repairs of the said system. Declarant, for itself, and its successors and assigns, covenants that the Condominium, and the unit owners through the Association, if asked, shall reimburse the owner of that tract their pro-rated share of the expense. Any such reimbursement shall be treated as a Common Expense of the association and shall be levied against the unit owners as such in the manner provided herein and in the Bylaws of the Association.
ARTICLE 19. ALLOCATION AND REALLOCATION OF ON ELEMENTS A Common Element not previously allocated as a Limited Common Element may be so allocated only pursuant to provisions of Article 5 of the Declaration. The allocations will be made by amendments to the Declaration, specifying to which Unit or Units the Limited Common Element is allocated.
No Limited Common Blement depicted on the Plats and Plans may be reallocated by an amendment to this Declaration pursuant to this Article 10 except as part of a relocation of boundaries of Units pursuant to Article 12 of this Declaration. Such amendment shall require the approval of all holders of Security Interests in the affected Units, which approval shall be endorsed thereon. The
of Units pursuant to Article 12 of this Declaration. Such amendment shall require the approval of all holders of Security Interests in the affected Units, which approval shall be endorsed thereon. The Person executing the amendment shall provide an executed copy thereof to the Association which, if the amendment complies with the provisions of this Declaration and the Condominium Act, shall record it. The amendment shall contain words of conveyance and must be recorded and indexed in the names of the parties and the Condominium. The parties executing the amendment shall be responsible for the preparation of the amendment and shall reimburse the Association for its reasonable attorneys' fees in connection with the review of the amendment and for the recording costs.
ARTICLE 11.
Section 11.1 ADDITIONS, ALTERATIONS AND IMPROVEMENTS Additions. Alterations and. Is Tait Owners.
(a) No Unit Owner will make any structural addition, structural alteration, or structural Improvement in or to the Condominium without the prior written consent thereto of the Executive Board in accordance with Subsection 11.1 (c).
(b) Subject to Subsection 11.1(a), a Unit Owner: (1) (ii) may make any other Improvements or alterations to the interior of his Unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the Condominium; may not change the appearance of the Common Elements, or the exterior appearance of a Unit 11 BOOK PAGE 2578 0143 (iii) ΟΙ any other portion of the condominium, without permission of the Association; after acquiring an adjoining Unit or an adjoining part of an adjoining Unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a Common Element
an adjoining Unit or an adjoining part of an adjoining Unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a Common Element if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the Condominium.
Removal of partitions or creation of apertures under this Subsection is not an alteration of boundaries.
(c) A Unit Owner may submit a written request to the Executive Board for approval to do anything that he or she is forbidden to do under Subsection 11.1(a) or 11.1(b) (ii). The Executive Board shall answer any written request for such approval, after Notice and Hearing, within sixty (60) days after the request thereof. Failure to do so within such time shall not constitute a consent by the Executive Board to the proposed action. The Executive Board shall review requests in accordance with the provisions of its Rules and Regulations.
(d) Any applications to any department or to any governmental authority for a permit to make any addition, alteration or Improvement in or to any Unit shall be executed by the Association only. Such execution will not, however, create any liability on the part of the Association or any of its members to any contractor, subcontractor or materialman on account of such addition, alteration or Improvement or to any person having any claim for injury to persons or damage to property arising therefrom.
(e) All additions, alterations and Improvements to the Units and Common Elements shall not, except pursuant to prior approval by the Executive Board, cause any increase in the premium of any insurance policies carried by the Association or by the owners of any Units other than those affected by such change.
to prior approval by the Executive Board, cause any increase in the premium of any insurance policies carried by the Association or by the owners of any Units other than those affected by such change.
The provisions of this Section shall not apply to the Declarant in the exercise of any Special Declarant Right.
(f) See Exhitit "D" for storage area provisions Section 11.2 Additions, ` Alterations and Improvements by Executive Board. Subject to the limitations contained elsewhere in this Declaration, the Executive Board may make any additions, alterations or Improvements to the Common Elements which, in its judgment, it deems necessary.
ARTICLE 12. RELOCATION OF BOUNDARIES BETWEEN ADJOINING UNITS Section 12.1 Application and Amendment. Subject to approval of any structural changes and required permits pursuant to Article 11, the boundaries between adjoining Units may be relocated by an amendment to the Declaration upon application to the Association by the owners of the Units affected by the relocation. If the owners of the adjoining Units have specified a relocation between their Units of their Allocated Interests, the application shall state the proposed reallocations. Unless the Executive Board determines, within thirty (30) days after receipt of the application, that the reallocations are unreasonable, the Association shall consent to the reallocation and prepare an amendment that identifies the Units involved, states the reallocations and indicates the Association's consent. The amendment must be executed by those Unit Owners and contain words of conveyance between them, and the approval of all holders of Security Interests in the affected Units shall be endorsed thereon. On recordation, the amendment shall be indexed
ners and contain words of conveyance between them, and the approval of all holders of Security Interests in the affected Units shall be endorsed thereon. On recordation, the amendment shall be indexed in the name of the Grantor and the Grantee, and in the Grantee's Index in the name of the Association.
12 BOOK PAGE 2578 0144 Section 12.2 Recording Amendments. The Association shall prepare and record plats and plans necessary to show the altered boundaries between adjoining Units and their dimensions and identifying numbers.
The applicants will pay for the costs of preparation of the amendment and its recording, and the reasonable consultant fees of the Association if it is deemed necessary to employ a consultant by the Executive Board.
ARTICLE 13. AMENDMENTS TO DECLARATION Section 13.1 General. Except in cases of amendments that may be executed by the Declarant in the exercise of its Development Rights or by the Association under Article 10 of this Declaration and Section 47C-1-107 of the Condominium Act, or by certain Unit Owners under Article 10 and Section 12.1 of this Declaration and Section 47C-2-118 of the Condominium Act, and except as limited by Section 12.1 of this Declaration, the Declaration, including the Plats and Plans, may be amended only by vote or agreement of Unit Owners of Units to which at least sixty-seven percent (67%) of the votes in the Association are allocated.
Section 13.2 Limitation of Actions. An action to challenge the validity of an amendment adopted by the Association pursuant to this Article may not be brought more than one year after the amendment is recorded.
Section 13.3 Recordation of Amendments. Each amendment to the Declaration must be recorded in every county in which a portion
cle may not be brought more than one year after the amendment is recorded.
Section 13.3 Recordation of Amendments. Each amendment to the Declaration must be recorded in every county in which a portion of the Condominium is located and the amendment is effective only upon recording. An amendment, except an amendment pursuant to Article 12 of this Declaration, must be indexed in the Grantor's and Grantee's Index in the name of the parties executing the amendment.
Section 13.4 Unanimous Consent Required. Except to the extent expressly permitted or required by other provisions of the Condominium Act, an amendment may not create or increase Special Declarant Rights, increase the number of Units, change the boundaries of a Unit, the Allocated Interests of a Unit, or the uses to which a unit is restricted, in the absence of the unanimous consent of the Unit Owners.
Section 13.5 Execution of Amendments. An amendment to the Declaration required by the Condominium Act to be recorded by the Association, which has been adopted in accordance with this Declaration and the Condominium Act, must be prepared, executed, recorded and certified on behalf of the Association by an officer of the Association designated for that purpose, or in the absence of designation, by the President of the Association.
Section 13.6 Special Declarant Rights. Provisions in this Declaration creating Special Declarant Rights may not be amended without the consent of the Declarant.
Section 13.7 Amendments to Create Units or Withdraw Real Estate. To exercise any Development Rights reserved under Section 6.1 of this Declaration, the Declarant shall prepare, execute and record an amendment to the Declaration. The Declarant shall also record either new Plats and Plans necessary to conform to the
Section 6.1 of this Declaration, the Declarant shall prepare, execute and record an amendment to the Declaration. The Declarant shall also record either new Plats and Plans necessary to conform to the requirements of Section 47C-2-109 (a), (b) and (c) of the Condominium Act or new certifications of the Plats and Plans previously recorded if those plats and Plans otherwise conform to the requirements of those Sections.
The amendment to the Declaration shall assign an identifying number to each new Unit created and reallocate the Allocated Interests among all Units. The amendment shall described any Common Elements and any Limited Common Elements created thereby and 13 BOOK PAGE 0145 2578 designate the Unit to which each Limited Common Element is allocated to the extent required by Section 47C-2-108 of the Condominium Act.
ARTICLE 14. AMENDMENTS TO BYLANS During the period of Declarant Control, as defined in Article I. Declarant may amend the Bylaws as Declarant deems necessary or convenient.
Thereafter, the Bylaws may be amended only by a vote of fiftyone percent (51%) of the members of the Executive Board, following Notice and Comment to all Unit Owners, at any meeting duly called for such purpose.
ARTICLE 15. TERMINATION Termination of the Condominium may be accomplished only in accordance with Section 47C-2-118 of the Condominium Act.
ARTICLE 15. MORTGAGER PROTECTION Section 16.1 Introduction. This Article establishes certain standards and covenants which are for the benefit of Eligible Mortgagees. This Article is supplemental to, and not in substitution for, any other provisions of the Condominium Documents, but in the case of conflict, this Article shall control.
Section 16.2 Percentage of Eligible NortgagOCE. Wherever in
, and not in substitution for, any other provisions of the Condominium Documents, but in the case of conflict, this Article shall control.
Section 16.2 Percentage of Eligible NortgagOCE. Wherever in this Declaration the approval or consent of a specified percentage of Eligible Mortgagees is required, it shall mean the approval or consent of Eligible Mortgagees holding First Mortgages in Units which in the aggregate have allocated to them such specified percentage of votes in the Association when compared to the total allocated to all Units then subject to First Mortgages held by Eligible Mortgagees.
Section 16.3 Notice of Actions. The Association shall give prompt written notice to each Eligible Mortgagee of: (a) Any condemnation loss or any casualty loss which affects a material portion of the Condominium or any Unit in which there is a First Mortgage held, insured, or guaranteed by such Eligible Mortgagee, as applicable; (b) Any delinquency in the payment of Common Expense assessments owed by an Owner who Unit is subject to a First Mortgage held, insured, or guaranteed, by such Eligible Mortgagee, which remains uncured for a period of three hundred sixty-five (365) days; (c) Any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; (d) Any judgment rendered against the Association.
Section 16.4 Inspection of Books. The Association shall permit any Eligible Mortgagee to inspect the books and records of the Association during normal business hours.
Section 16.5 Financial Statements. The Association shall provide any Eligible Mortgagee which submits a written request with a copy of an annual financial statement within ninety (90) days following the end of each fiscal year of the Association. Such
shall provide any Eligible Mortgagee which submits a written request with a copy of an annual financial statement within ninety (90) days following the end of each fiscal year of the Association. Such financial statement shall be audited by an independent certified public accountant if any Eligible Mortgagee requests it and pays the cost of such audit.
14 BOOK 2578 PAGE 0146 Section 16.6 Enforcement. The provisions of this Article are for the benefit of Eligible Mortgagees and their successors, and may be enforced by any of them by any available means, at law, or in equity.
Section 16.7 Attendance at Meetings. Any representative of an Eligible Mortgagee may attend and address any meeting which a Unit Owner may attend.
Section 16.8 Appointment of Trustee. In the event of damage or destruction under Article 20 or 21 or condemnation of all or a portion of the Condominium, any Eligible Mortgagee may require that such proceeds be payable to a Trustee established pursuant to Subsection 1.2 (aa). Proceeds will thereafter be distributed pursuant to Article 21 or pursuant to a condemnation award. Unless otherwise required, the members of the Executive Board acting by majority vote through the President may act as Trustee.
ARTICLE 17. ASSESSMENT AND COLLECTION OF COMMON EXPENSES Section 17.1 Apportionment of Common Expenses. Except as provided in Section 17.2, all Common Expenses shall be assessed against all Units in accordance with their percentage interest in the Common Expenses as shown on Exhibit "B" to this Declaration.
Section 17.2 Common Expenses Attributable to Fewer Than All Units.
(a) Any Common Expense associated with the maintenance, repair or replacement of a Limited Common Element shall be assessed against the Unit or Units to which the Limited Common Element is
All Units.
(a) Any Common Expense associated with the maintenance, repair or replacement of a Limited Common Element shall be assessed against the Unit or Units to which the Limited Common Element is assigned. If any such Limited Common Element is assigned to more than one Unit, the Common Expenses attributable to the Limited Common Element shall be assessed equally among the Units to which it is assigned.
(b) Any Common Expense for services provided by the Association to an individual Unit at the request of the Unit Owner shall be assessed against he Unit which benefits from service.
(c) Any insurance premium increase attributable to a particular Unit by virtue of activities in or construction of the Unit shall be assessed against that Unit.
(d) An assessment to pay a judgment against the Association may be made only against the Units in the Condominium at the time the judgment was entered, in proportion to their Common Expense liabilities.
(e) If Common Expense is caused by the misconduct of a Unit Owner, the Association may assess that expense exclusively against the Unit.
(f) Fees, charges, late charges, fines, collection costs, and interest charged against a Unit Owner pursuant to the Condominium Documents and the Condominium Act are enforceable as Common Expense assessments.
Section 17.3 Lien.
(a) The Association has a lien on a Unit for an assessment levied against the Unit which remains unpaid for a period of thirty (30) days or longer from the time it is filed of record in the office of the Clerk of Superior Court of New Hanover County, North Carolina. Fees (including attorneys' fees), charges, late charges, fines and interest charged pursuant to the Condominium Act and the Condominium Documents are enforceable as assessments under this Section.
na. Fees (including attorneys' fees), charges, late charges, fines and interest charged pursuant to the Condominium Act and the Condominium Documents are enforceable as assessments under this Section.
If an assessment is payable in installments, the full amount of the assessment becomes immediately due and payable when the first installment thereof remains unpaid 15