39.50 900* BARE 1285 1677 RECOPOET AND VERIFIED REBECCA P. TUCKER REGISTER OF DEEDS NEW HANC VER CO. NC APR 26 400 PH '85 PM STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF SECTION I, JUMPIN' RUN TOWNHOUSES THIS DECLARATION, made as of the 18th day of April, 1985, by 17TH EAST DEVELOPMENT CORP., a North Carolina corporation, hereinafter referred to as "Declarant"; 87 WITNESSETH: WHEREAS, Declarant is the owner of certain property located in the City of Wilmington, New Hanover County, North Carolina, which is more particularly described as follows: BEING all of Section I, Jumpin' Run Townhouses as the same is shown on the plat thereof recorded in Condominium Plat Book 6 at Page 376 in the Office of the Register of Deeds of New Hanover County, North Carolina, to which map reference is hereby made for a more particular description.
NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
Section 1.
successors and assigns.
Section 2.
ARTICLE L DEFINITIONS Association shall mean and refer to Jumpin' Run HOA, Inc., its Owner shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for
whether one or more persons or entities, of a fee simple title to any lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3. Properties shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. Common Area shall mean all real property owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows : BEING all of that area shown and designated as Common Area on the map of Section I, Jumpin' Run Townhouses recorded in Condominium Plat Book 6 at Page 376 of the New Hanover County Registry; the said common areas being further described as being all of the areas shown on the aforesaid map of Section I, Jumpin' Run Townhouses with the exception of lots numbered 1 thru 4, inclusive.
Draftsman: DAVID C. BAREFOOT BURNEY, BURNEY, BAREFOOT, BAIN & CROUCH 110 North Fifth Avenue/Post Office Box 89 Wilmington, North Carolina 28402 034395 BOOK PAGE 1285 1678 Section 5. Lot shall be used interchangeably with "Unit" to mean and refer to any of the lots numbered 1 thru 4, inclusive, as shown on the plat of Section 1, Jumpin' Run Townhouses recorded as aforesaid in the New Hanover County Registry together with the structure or dwelling thereon which structure may be separately referred to as a "Townhouse" or "Townhouse Unit".
Section 6. Declarant shall mean and refer to 17th East Development Corp., a North Carolina corporation, its successors and assigns, if such successors or
erred to as a "Townhouse" or "Townhouse Unit".
Section 6. Declarant shall mean and refer to 17th East Development Corp., a North Carolina corporation, its successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. The address of the Declarant is 213 Princess Street, Wilmington, North Carolina 28401.
Section 7. Declaration shall mean this instrument as it may be from time to time amended or supplemented.
Section 8. Eligible Mortgage Holder or Eligible Holders is defined as a holder of a first mortgage or lien on a unit who has requested notice of certain matters from the Association.
Section 9. Limited Common Areas and Facilities shall mean and include those common areas and facilities which are reserved for the use of a certain unit or units to the exclusion of other units, as more specifically defined herein.
Section 10.
of Trust.
Mortgagee shall mean a beneficiary under a mortgage or Deed Section 1.
ARTICLE IL PROPERTY RIGHTS Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: members; A.
B.
The right of the Association to limit the number of guests of The right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to succeed sixty (60) days for any infraction of its published rules and regulations; C. The right of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority, or utility for such purposes and
raction of its published rules and regulations; C. The right of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members agreeing to such dedication or transfer has been recorded; D. The right of the Association to impose regulations for the use and enjoyment of the Common Area and improvements thereon, which regulations may further restrict the use of the Common Area.
Section 2. Delegation of Use. Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
ARTICLE IIL EASEMENTS Section 1. Easements are reserved as necessary in the Common Areas for installation and maintenance of underground utilities and drainage facilities.
Section 2. The Association, acting through its officers, agents, servants, and/or employees shall have the right of unobstructed access at all reasonable times to all properties as may be reasonably necessary to perform the exterior maintenance called for in Article IX of this Declaration.
2 900* PAGE 1285 1679 Section 3. Easements are reserved over those portions of the Common Areas, Limited Common Areas and facilities that may be necessary or required to accommodate overhanging eaves or other cantilevered construction which may encroach upon the Common Areas or Limited Common Areas or the air and light space above such Common Areas.
Section 4. Each lot and all common areas and facilities and limited
ed construction which may encroach upon the Common Areas or Limited Common Areas or the air and light space above such Common Areas.
Section 4. Each lot and all common areas and facilities and limited common areas and facilities are hereby subjected to an easement for the repair, maintenance, expansion, reduction, inspection, removal, relocation or other service of or to all gas, electricity, television, telephone, water, plumbing, sewer, utility, drainage, or other common areas and facilities, whether or not the cause of any or all of those activities originates on the unit in which the work must be performed.
Section 5.
Each lot, and the property included in the Common Area, shall be subject to an easement for encroachments created by construction, settling and overhangs for all buildings constructed by Declarant. A valid easement for said encroachments and for the maintenance of same, so long as such encroachments stand, shall and does exist. In the event that any structure containing two or more townhouses is partially or totally destroyed and then rebuilt, the owners of the townhouses so affected agree that minor encroachments of parts of the adjacent townhouse units or Common Areas due to construction shall be permitted, and that a valid easement for said encroachment and the maintenance thereof shall exist.
Section 6. Ingress and egress is reserved for pedestrian traffic over, through and across sidewalks, paths, walks, and lanes as the same from time to time may exist upon the common areas and facilities; and, for vehicular traffic over, through and across all streets as from time to time may be paved and intended for such purposes, for all lot owners in Jumpin' Run Townhouses, their guests, families, invitees and lessees, the
c over, through and across all streets as from time to time may be paved and intended for such purposes, for all lot owners in Jumpin' Run Townhouses, their guests, families, invitees and lessees, the Association, the Declarant, its successors and assigns. Declarant hereby reserves alienable easements over all streets and common areas as necessary to provide access for future development by Declarant or its successors and assigns of any properties adjoining the Project.
Section 7. An easement is hereby granted to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services to enter upon the lots and common area in the performance of their duties.
Section 8. In case of any emergency originating in or threatening any unit or lot or the common areas and facilities, regardless whether the unit or lot owner is present at the time of such emergency, the Board of Directors or any other person authorized by it, shall have the right to enter any unit for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the unit owners, and such right of entry shall be immediate.
Section 9. All easements and rights described herein are easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the undersigned, its successors and assigns, and any owner, purchaser, mortgagee and other person having an interest in said land, or any part or portion thereof, regardless of whether or not reference to said easement is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration.
ARTICLE IV.
MEMBERSHIP AND VOTING RIGHTS
he respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration.
ARTICLE IV.
MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.
Section 2. The Association shall have two classes of voting membership: A. CLASS "A". Class A members shall be all Owners with the exception of the Declarant and shall be entitiled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members.
The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot.
3 BOOK PAGE 1285 1680 B. CLASS "B". Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (1) when the total votes outstanding in Class A membership equals the total votes outstanding in the Class B membership, or (2) on March 1, 1990.
ARTICLE V.
COVENANTS FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessment.
The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: A.
Annual assessments or charges, and B.
Special assessments for capital improvements, such assessments to
hall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: A.
Annual assessments or charges, and B.
Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; and The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvements and maintenance of the Common Area, and of the townhouses situated upon the Properties.
Section 3.
Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be One Thousand Three Hundred Dollars ($1,300.00) 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 may be increased each year not more than five per cent (5%) above the maximum assessment for the previous year without a 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
for the previous year without a 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 per cent (5%) 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 called for this purpose.
C. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum; provided that the Board of Directors may increase the amount of the annual assessment to a maximum of One Thousand Five Hundred Fifty Dollars ($1,550.00) per Lot notwithstanding the provisions of subparagraphs a and b above, and thereafter the limitations set forth in said subparagraph shall apply to any annual increase.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment 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 meeting duly called for this purpose.
4 800 PAGE 1285 1681 Section 5.
Insurance. It shall be the duty of the Association to maintain in effect casualty and liability insurance as follows: A.
Amount and Scope of Insurance. All insurance policies upon the Properties (except personal property within a unit) shall be secured by the Board Of
fect casualty and liability insurance as follows: A.
Amount and Scope of Insurance. All insurance policies upon the Properties (except personal property within a unit) shall be secured by the Board Of Directors, or its designee on behalf of the Association with full authority which shall obtain such insurance against (1) loss or damage by fire or other hazards normally insured against, and (2) such other risks, including public liability insurance, as from time to time shall be customarily required by private institutional Mortgage Investors for projects similar in construction, location and use as the Properties and the improvements thereon all under such terms and conditions as the responsible authority shall determine.
However, such liability coverage shall be for at least $1,000,000.00 for bodily injury, including deaths of persons and property damage arising out of a single occurence.
Coverage under this policy shall include, without limitation, legal liability of the insureds for property damage, bodily injuries, and deaths of persons in connection with the operation, or maintenance or use of the common areas and legal liability arising out of lawsuits relating to employment contracts of the Association. The foregoing shall not preclude the Board from obtaining insurance coverage on all or a portion of the limited common areas and facilities. In obtaining such coverage the responsible authority shall consider the reasonable requirements of holders of first liens on individual Lots: B. Insurance Provisions. The Board of Directors shall make diligent efforts to ensure that said insurance policies provide for the following:.
(1) A waiver of subrogation by the insurer as to any claims
Insurance Provisions. The Board of Directors shall make diligent efforts to ensure that said insurance policies provide for the following:.
(1) A waiver of subrogation by the insurer as to any claims against the Association, any officer, director, agent or employee of the Association, the Lot owners and their employees, agents, tenants and invitees.
(2) A waiver by the insurer of its right to repair and reconstruct instead of paying cash.
(3) Coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least thirty days prior written notice to the named insured and all mortgagees.
(4) Coverage will not be prejudiced by act or neglect of the Lot owners when said act or neglect is not within the control of the Association or by any failure of the Association to comply with any warranty or condition regarding any portion of the property over which the Association has no control (5) The master policy on the property cannot be cancelled, invalidated or suspended on account of the conduct of any one or more individual Lot owners.
(6) The master policy on the property cannot be cancelled, invalidated or suspended on account of the conduct of any officer or employee of the Board of Directors without prior demand in writing that the Board of Directors cure the defect and the allowance of a reasonable time thereafter within which the defect may be cured by the Association, any Lot owner or any mortgagee.
A. Premiums. All insurance policy premiums on the property for the benefit of the Association purchased by the Board of Directors or its designee and any deductibles payable by the Association upon loss shall be a common expense and the Association shall levy against the Owners equally as an additional annual assssment,
irectors or its designee and any deductibles payable by the Association upon loss shall be a common expense and the Association shall levy against the Owners equally as an additional annual assssment, (herein called "Insurance Assessment") which shall be in addition to the amounts provided for under Section 3 above, an amount sufficient to pay the annual cost of all such insurance premiums.
B. Proceeds. All insurance policies purchased pursuant to these provisions shall provide that all proceeds thereof shall be payable to the Board as insurance trustee or to such attorney-at-law or institution with trust powers as may be approved by the Board of Directors.
C. Policies. All insurance policies purchased by the Board of Directors shall be with a company or companies permitted to do business in the State of North Carolina and holding a rating of "A" or better by the current issue of Best's Insurance Reports. All insurance policies shall be written for the benefit of the Board of Directors and the Lot owners and their mortgagees as their respective interests may appear, and shall provide that all proceeds thereof shall be payable to the Board of 5 2 500 PACE 1285 1682 Directors and duplicates of said policies and endorsements and all renewals thereof, or certificates thereof, together with proof of payment of premiums, shall be delivered to the Owners at least ten (10) days prior to the expiration date with respect to the then current policies. Duplicates shall also be obtained and issued by the Association to each mortgagee, if any, upon request of such mortgagee at any time.
Section 6. Distribution of Insurance Proceeds. Proceeds of insurance policies shall be distributed to or for the benefit of the beneficial owners in the following manner:
f such mortgagee at any time.
Section 6. Distribution of Insurance Proceeds. Proceeds of insurance policies shall be distributed to or for the benefit of the beneficial owners in the following manner: A. Expenses of Trust. All reasonable expenses of the insurance trustee shall be first paid or provision made therefor.
B. Reconstruction or Repair. The remaining proceeds shall be used to defray the cost of repairs for the damage or reconstruction for which the proceeds are paid. Any proceeds remaining after defraying such cost shall be distributed to the beneficial owners, including lienholders of record, or retained by the Association for such common expenses or purposes as the Board shall determine.
Section 7. Notice and Quorum for any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty per cent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 8.
Rate of Assessment. Annual assessments shall be based upon the relative costs of maintaining units of different sizes and with differing amounts of exposed areas.
Section 9. Date of Commencement of Annual Assessments and Due Dates. The annual assessments provided for herein shall commence as to all Lots sold by
sizes and with differing amounts of exposed areas.
Section 9. Date of Commencement of Annual Assessments and Due Dates. The annual assessments provided for herein shall commence as to all Lots sold by Declarant on the first day of the month following the conveyance of the Common Area, except that annual assessments shall not commence for any Lot until a certificate of occupancy has been issued and the lot conveyed by Declarant. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every Owner subject thereto.
The due dates shall be established by the Board of Directors and the Board of Directors shall have the authority to require the assessments to be paid in pro rata monthly installments. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.
Section 10. Effect of Nonpayment of Assessments and Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve per cent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 11. Subordination of the Lien to Mortgages. The lien of the
waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 11. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage.
Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
Section 12.
Working Capital Assessment. At the time title is conveyed to an owner, each owner shall contribute to the Association as a working capital reserve an amount equal to a two months estimated common area assessment. Such funds shall be used solely for initial operating and capital expenses of the Association, such as pre-paid 6 800 PAGE 1285 1683 insurance, supplies and the common areas and facilities, furnishings and equipment, etc.
Amounts paid into the working capital fund are not to be considered as advance payment of regular assessments. Any working capital funds remaining at the end of the first full operating year shall be transferred to and become part of the general funds of the Association, in the discretion of the Board of Directors.
Section 13. Rights of Eligible Mortgage Holders. To the extent permitted by law, an eligible mortgage holder upon written request to the Association, identifying the name and address of the holder, will be entitled to timely written notice of: A. Any condemnation, loss or casualty loss which affects a material
on written request to the Association, identifying the name and address of the holder, will be entitled to timely written notice of: A. Any condemnation, loss or casualty loss which affects a material portion of the project or any lots on which there is a mortgage held by such eligible mortgage holder.
B. Any delinquency in payment of assessments or charges owed by an owner of the lot subject to a first mortgage held, by such Eligible Holder, which remains uncured for a period of sixty days.
C.
Any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association.
D.
Any proposed action which would require the consent of a specified percentage of Eligible Mortgage Holde.s.
E.
In addition to the foregoing rights, the Eligible Mortgage Holders shall be afforded the following rights subject to the extent permitted by law and as allowed by the North Carolina General Statutes as they now exist or as may be amended from time to time.
(1) Any election to terminate the legal status of the project after substantial destruction or a substantial taking in condemnation of the project property must require the approval of at least 51% of the votes of the unit estates subject to Eligible Mortgage Holders.
(2) Unless otherwise provided in the Declaration or By-Laws, no reallocation of interest in the common areas resulting from a partial condemnation or partial destruction of the project may be affected without the prior approval of Eligible Holders holding mortgages on all remaining unit estates whether existing whole or in part, and which have at least 51% of the votes of such remaining unit estates subject to Eligible Holders of mortgages.
ARTICLE VL FIDELITY BONDS
ll remaining unit estates whether existing whole or in part, and which have at least 51% of the votes of such remaining unit estates subject to Eligible Holders of mortgages.
ARTICLE VL FIDELITY BONDS Section 1. General The Association shall maintain blanket fidelity bonds for all officers, directors, employees and all other persons handling or responsible for funds of the Association. If the Association shall delegate some or all the responsibility for the handling of its funds to a management agent, such fidelity bonds shall be maintained by such management agent for its offices, employees and agents handling or responsible for funds of or administered on behalf of the Association.
Amount of Coverage.
Section 2.
The total amount of fidelity bond coverage required shall be based upon best business judgment and shall not be less than the estimated maximum of funds, including reserve funds, in the custody of the Association or the management agent, as the case may be, at any given time during the term of each bond. However, in no event may the aggregate amount of such bonds be less than a sum equal to three months aggregate assessments on all units plus reserve funds.
Section 3. Other Requirements. Fidelity bonds required herein must meet the following requirements: A.
Fidelity bonds shall name the Association as an obligee.
B. The bonds shall contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees", or similar terms or expressions.
7 BOOK PAGE 1285 1684 C. The premiums on all bonds required herein for the Association (except for premiums on fidelity bonds maintained by a management agent for its
or similar terms or expressions.
7 BOOK PAGE 1285 1684 C. The premiums on all bonds required herein for the Association (except for premiums on fidelity bonds maintained by a management agent for its officers, employees and agents) shall be paid by the Association as a common expense.
D. The bonds shall provide that they may not be cancelled or substantially modified (including cancellation for non-payment of premium) without at least ten (10) days prior written notice to the Association if a condominium project, to any insurance trustee and each Eligible Mortgage Holder.
ARTICLE VIL ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected, or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, heights, 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 architectural committee composed of three (3) or more representatives appointed by the Board.
ARTICLE VIII.
PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the townhouses upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and of liability for property damage due to negligence or willful acts or omissions shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable
law regarding party walls and of liability for property damage due to negligence or willful acts or omissions 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 wall in proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall 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 from the others under any rule of law regarding liability for negligent or willful acts or omission.
Section 4.
Weatherproofing. Nothwithstanding 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 element.
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 in title.
Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decisions shall be by a majority of all the arbitrators.
ARTICLE IX.
EXTERIOR MAINTENANCE In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Lot which is subject to assessment hereunder as
itrators.
ARTICLE IX.
EXTERIOR MAINTENANCE In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Lot which is subject to assessment hereunder as follows: paint, repair, replace and care of roofs, gutters, downspouts, exterior building surfaces, decks, trees, shrubs, grass, walks and other exterior improvements. Such exterior maintenance shall not include glass surfaces or landscaping inside courtyard areas.
8 BOOK FACE 1285 1685 In the event that the need for maintenance, repair or replacement is caused through the willful, or negligent act of the Owner, his family, guests or invitees, or is caused by fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircrafts, vehicles, and smoke, as the foregoing are defined and explained in North Carolina Standard Fire and Extended Coverage Insurance Policies, the cost of such maintenance, replacement, or repairs, shall be added to and become a part of the assessment to which such Lot is subject.
ARTICLE X.
USE RESTRICTIONS Section 1. Land Use and Building Type. All lots shall be used for residential purposes except that so long as the Declarant shall retain ownership of any lots, it may utilize any such lot or lots for sales or rentals, offices, models or other usage for the purpose of selling or leasing lots and the clubhouse within said project. The Declarant may assign this limited commercial usage right to any other person or entities as it may choose; provided, however, that when all lots have been sold, this right of commerical usage by the Declarant, its successors and assigns shall immediately cease.
Co-ownership of lots shall not be prohibited. Any building erected, altered, placed or
e been sold, this right of commerical usage by the Declarant, its successors and assigns shall immediately cease.
Co-ownership of lots shall not be prohibited. Any building erected, altered, placed or permitted to remain on any lot shall be subject to the provisions of Article VII of this Declaration of Covenants, Conditions and Restrictions relating to architectural control.
Section 2.
Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
Section 3.
Junk Vehicles. No inoperable vehicle or vechicle without current registration and insurance will be permitted on the premises. The Association shall have the right to have all such vehicles towed away at the owner's expense.
Section 4. Outside Furniture. No furniture shall be permitted in the common areas. No furniture shall be permitted on the front porch of each unit except porch furniture and plants. Porch furniture shall be permitted in the courtyard of each unit. All grills and accessories must be kept in the courtyard areas.
Section 5. For Sale Signs Prohibited. No "For Sale" signs or any other signs shall be permitted on any lot or in the common areas and facilities.
Section 6. Temporary Structures. No structure of a temporary character, trailer basement, tent, shack, garage, barn or other outbuilding shall be used on any lot any time as a residence either temporarily or permanently.
Section 7.
Recreational Vehicles. No boat, motor boat, camper, trailer, motor or mobile homes, or similar type vehicle, shall be permitted to remain on any lot, or in parking spaces, at any time, unless by consent of the Association.
Section 8.
Animals. No animals, livestock or poultry of any kind shall be
ype vehicle, shall be permitted to remain on any lot, or in parking spaces, at any time, unless by consent of the Association.
Section 8.
Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free and are at all times properly leashed and personally escorted. If any pet shall be determined by the Board of Directors to be a nuisance, the Board shall have full authority to have such pet permanently expelled from the properties.
Section 9. Outside Antennas. No outside radio or television antennas shall be erected on any lot or dwelling unit within the Properties unless and until permission for the same has been granted by the Board of Directors of the Association or its architectural control committee.
Section 10. Window Coverings. All drapes, curtains or other similar materials hung at windows, or in any manner so as to be visible from the outside of any building erected upon any lot, shall be of a white or neutral background or material, unless the Board of Directors approves another color.
Section 11.
Exterior Lights. All light bulbs or other lights installed in any fixture located on the exterior of any building or any lot shall be clear, white, or nonfrost lights or bulbs.
9 5000 PAGE 1285 1686 ARTICLE XL ANNEXATION OF ADDITIONAL PROPERTIES Section 1. Except as provided in Sections 2 and 3, below, annexation of additional property shall require the assent of two-thirds (2/3) of the Class A members and two-thirds (2/3) of the Class B members, if any, at a meeting duly called for this
d 3, below, annexation of additional property shall require the assent of two-thirds (2/3) of the Class A members and two-thirds (2/3) of the Class B members, if any, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting.
Section 2. If the Declarant, its successors or assigns, shall develop all or any portion of any land continguous to the property which is subject to this Declaration, such additional tract or tracts may be annexed to said Properties without the assent of the Class A members, provided however, the development of additional properties described in this section, if developed as Townhouses, shall be in accordance with the same general scheme of development as Jumpin' Run Townhouses. If any adjoining properties are developed as condominiums or as single family lots, the owners of the condominium units and lot owners shall, at the option of Declarant, have full privileges for the use and enjoyment of the clubhouse and all other amenities of the Association, and shall pay their prorata share of the cost of operation and maintenance of the same.
Section 3. The rights of Declarant reserved in Section 2 above shall expire automatically on January 1, 1990, if not exercised prior thereto.
ARTICLE XIL GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so
osed by the provisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.
Section 3. Lots Subject to Declaration. All present and future owners, tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such owner, tenant or occupant. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable by the Association, or the Owner of any lot, their respective legal representatives, heirs, successors and assigns, and shall run with and bind the land and shall bind any person having at any time any interest or estate in any lot as though such provisions were made a part of each and every deed of conveyance or lease.
Section 4.
Amendment of Declaration. The covenants and restrictions of this Declaration may be amended by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County signed by not less than sixty (60%) per cent of the Lot Owners; provided that no amendment shall alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein provided, or affect any
ess than sixty (60%) per cent of the Lot Owners; provided that no amendment shall alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein provided, or affect any lien for the payment thereof established herein. In no event may the Declaration by amended so as to deprive the Declarant of any rights herein granted or reserved unto Declarant.
10 BOOK PAGE 1285 1687 IN WITNESS WHEREOF, 17TH EAST DEVELOPMENT CORP. has hereunto caused this Declaration to be executed in its corporate name and its corporate seal affixed by its duly authorized officers, all the day and year first above written.
17TH EAST DEVELOPMENT CORP.
ATTEST: EAST DEV By n. Sheep Beprotary SEAL) SEAL 1984 NORTH H CAROLINA CORP STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER $ President me 2, a Notary Public in and for the aforesaid personally Secretary of 17TH County and State do hereby certify that appeared before me this day and acknowledged that he is the EAST DEVELOPMENT CORP., a North Carolina corporation, and that by authority duly given and as the act of the said corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by self as Secretary.
its _ WITNESS my hand and notarial seal, this the 26th day of April, 1985.
My Commission Expires: June 1, 1985 (NOTARIAL SEAL) CASSANDRA NEW L WILLIAMS NOTARY PUBLIC HANOVER COUNTY, STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Notary Public The foregoing certificate of Cassandra L. Williams a Notary 1985.
Public is certified to be correct. This the 26 day of April REBECCA P. TUCKER Register of Deeds - New Hanover County By: Mary Sue Oots Deputy/Assistant 11 ARTICLE I - GENERAL BOUT PAGE 1285 1688 INDEX BY-LAWS OF JUMPIN' RUN HOA, INC.
PAGE NO.
26 day of April REBECCA P. TUCKER Register of Deeds - New Hanover County By: Mary Sue Oots Deputy/Assistant 11 ARTICLE I - GENERAL BOUT PAGE 1285 1688 INDEX BY-LAWS OF JUMPIN' RUN HOA, INC.
PAGE NO.
Section 1. The Name Section 2. The Principal Office..
Section 3.
Definition ARTICLE II - MEMBERSHIP Section 1.
Definition Section 2. Transfer of Membership and Ownership.
ARTICLE III – MEETINGS OF MEMBERSHIP Place Annual Meeting.
Membership List ......
Section 1.
Section 2.
Section 3.
Section 4.
Special Meetings Section 5.
Section 6.
Section 7.
Right to Vote...
Section 8.
Waiver and Consent Section 9.
Order of Business Quorum 1 } 1 1 2 2 2 2 2 .........
3 Vote Required to Transact Business ARTICLE IV - BOARD OF DIRECTORS Section 1.
Number and Term......
Section 2.
Section 3.
Vacancy and Replacement.
Removal Section 4.
Section 5.
First Board of Directors...
Powers and Duties..
Section 6.
Section 7.
Section 8.
Liability Compensation Meetings Section 9.
Order of Business Section 10.
Annual Statement ARTICLE V - OFFICERS Section 1.
Executive Officers Section 2.
Section 3.
Section 4.
Subordinate Officers.
Tenure of Officers: Removal The President.
Section 5.
The Secretary Section 6.
Section 7.
Section 8.
ARTICLE VI - NOTICES Section I.
Section 2.
Section 3.
The Vice President - Treasurer Vacancies Resignations Definition Service of Notice - Waiver Address 3333345555 59999677 777 ARTICLE VI - FINANCES 800.
PAGE 1285 1689 PAGE NO.
Checks Section 1.
Fiscal Year ...........
Section 2.
........
Section 3.
Determination of Assessments .............
Section 4.
Section 5.
Excess of Assessments..……………………………………………………………….
Non-Profit Corporation ARTICLE VÍ – DEFAULT Enforcement of Lien for Assessments Governmental Liens and Assessments Foreclosure Section 1.
Section 2.
Section 3.
f Assessments..……………………………………………………………….
Non-Profit Corporation ARTICLE VÍ – DEFAULT Enforcement of Lien for Assessments Governmental Liens and Assessments Foreclosure Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Other Remedies……………………………………………… Legal Costs Section 6.
Intent ARTICLE IX - RULES AND REGULATIONS ARTICLE X-JOINT OWNERSHIP ARTICLE XI - INDEMNIFICATION ARTICLE XII - AMENDMENT ARTICLE XIII - CONSTRUCTION 7778 00 8 8 9 9 9 9 9 9 10 10 BY-LAWS 300 PAGE 1285 165C OF JUMPIN' RUN HOA, INC.
HOA, INC.
Section 1.
ARTICLE I GENERAL The Name: The name of the corporation shall be JUMPIN' RUN Section 2. The Principal Office: The principal office of the corporation shall be 213 Princess Street, Wilmington, New Hanover County, North Carolina, 28401, or at such other place as may be subsequently designated by the Board of Directors.
Section 3. Definition: As used herein, the term "corporation" may be used interchangeably with and shall be the equivalent to "Association" as defined in the Declaration of Covenants, Conditions and Restrictions of JUMPIN' RUN TOWNHOUSES, (herein called the "Declaration") shall be applicable herein, unless otherwise defined herein.
ARTICLE II MEMBERSHIP Section 1. Definition: Each owner shall be a member of the corporation, and membership in the corporation shall be limited to owners of lots in JUMPIN' RUN TOWNHOUSES.
Section 2.
Transfer of Membership Membership in the corporation may be transferred only as an incident to the transfer of the transferor's lot in JUMPIN' RUN TOWNHOUSES.
ARTICLE M MEETINGS OF MEMBERSHIP Section 1. Place: All meetings of the corporate membership shall be held at Wilmington, North Carolina, or at such other place as may be stated in the notice.
Section 2.
Annual Meeting:
OF MEMBERSHIP Section 1. Place: All meetings of the corporate membership shall be held at Wilmington, North Carolina, or at such other place as may be stated in the notice.
Section 2.
Annual Meeting: A. The annual meeting of members shall be held at the principal office of the corporation, or at such other place as the Board of Directors shall designate in the Notice of the meeting, in each year commencing in 1985; provided, however, that the initial annual membership meeting will not be held until the earlier of (1) the sale by Declarant, as defined in the Declaration, of all townhouse lots, or (2) notice by the Declarant. If neither (1) nor (2) has occurred by the first Friday in December, 1985, the first Board of Directors (the "Board") will notify all members that such initial annual meeting has been postponed, and that it will be re-scheduled at a later date. If same be re-scheduled, the first directors and the officers will hold office until the initial annual meeting.
B. Regular annual meetings subsequent to 1985 shall be held on the last Saturday in April in each year, if not a legal holiday, and if a legal holiday, then on the next secular day following, unless otherwise determined by the Board.
900* PAGE 1285 1691 C.
All annual meetings shall be held at such hour as is determined by the Board.
D.
At the annual meeting, the members shall elect the new members of the Board of Directors and transact such other business as may properly come before the meeting.
E. Written notices of the annual meeting shall be served upon or mailed to each member entitled to vote thereafter at such address as appears on the books of the corporation, at least ten but not more than fifty days prior to the meeting.
ng shall be served upon or mailed to each member entitled to vote thereafter at such address as appears on the books of the corporation, at least ten but not more than fifty days prior to the meeting.
Each member shall notify the Secretary of any address change, and the giving of said notice shall be in all respects sufficient if sent to the address of the member which is then on file with the Secretary.
Section 3. Membership List: At least ten but not more than fifty days before every election of directors, a complete list of members entitled to vote at said election, with residence of each, shall be prepared by the Secretary. Such list shall be produced and kept for said ten days prior to and throughout the election at the office of the corporation, and shall be open to examination by any member throughout such time.
Section 4.
Special Meetings: A. Special Meetings of the members, for any purpose or purposes not prescribed by statute, the Certificate of Incorporation, or these By-Laws, may be called by the Board or at the request, in writing, of one third of the members. Such request shall state the purpose or purposes of the proposed meeting.
B. Written notice of a Special Meeting of members, stating the time, place and object thereof, shall be served upon or mailed to each member entitled to vote thereat, at such address as appears on the books of the corporation, at least ten days before such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States Mail, postage prepaid, addressed to the member at such address as appears on the records of members of the Association.
C.
Business transacted at all special meetings shall be confined to the objects stated in the notice thereof.
sed to the member at such address as appears on the records of members of the Association.
C.
Business transacted at all special meetings shall be confined to the objects stated in the notice thereof.
Section 5. Quorum: Over fifty per cent of the total number of members of the corporation, present in person or represented by written proxy, shall be requisite to and shall constitute a quorum at all meetings of the members for the transaction of business, except as otherwise provided by statute, by the Certificate of Incorporation or by these By-Laws. If, however, such quorum shall not be present or represented at any meeting of the members, the members entitled to vote thereat, present in person or represented by written proxy, shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. At such adjourned meeting at which quorum shall be present or represented, any business may be transacted which might have been transacted at the meeting originally called. If adjournment extends past thirty days, notice of the date on which the adjourned meeting is to be reconvened shall be given as herein provided for regular meetings.
Section 6. Vote Required to Transact Business: When a quorum is present at any meeting, a majority of the votes cast, in person or represented by written proxy filed with the Secretary in advance of the meeting, shall decide any question brought before the meeting, unless the question is one upon which, by express provision of the statutes, the Declaration or these By-Laws, a different vote is required, in which case such express provision shall govern and control the decision of such question. There shall be no cumulative voting.
tutes, the Declaration or these By-Laws, a different vote is required, in which case such express provision shall govern and control the decision of such question. There shall be no cumulative voting.
Section 7. Right to Vote: Each owner of a Class A membership in good standing shall be entitled to one vote. The vote of the Class B membership shall be as prescribed in the Declaration. At any meeting of the members, every member having the right to vote shall be entitled to vote in person or by proxy. Such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. If more than one person or entity own a lot, they shall file a certificate with the Secretary naming the person authorized to cast votes for said lot. If same is not on file, the vote of any coowner present who is acceptable to other co-owners of that lot present shall be accepted as the vote of all co-owners. Any legal entity which is an owner shall have the right to membership in the corporation.
2