39 Prepared by Seay Law Firm, 519 Market Street Wilmington, NC 28401 RETURNED TO J Sear 1 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 2003056921 FOR REGISTRATION REGISTER OF DEEDS REBECCA T CHRISTIAN NEW HANOVER COUNTY, NC 2003 SEP 02 10 57 52 AM BK 3989 PG 86-96 FEE $41 00 INSTRUMENT # 2003056921 DECLARATION OF COVENANTS, CONDITIONS and RESTRICTIONS for LARSON PLACE TOWNHOMES THIS DECLARATION, made on the 29th day of August, 2003 by TOMMY D. DAVIS, hereinafter referred to as "Declarant"; WITNESS ETH.
WHEREAS, Declarant is the owner of certain property (the Properties) in the City of Wilmington, County of New Hanover and State of North Carolina, which is more particularly described as: Being all of Larson Place Townhomes as shown on a map thereof recorded in Map Book 44 at Page 204 of the New Hanover County Registry, being the same property as was conveyed to Tommy Davis by deed recorded in Book 2674, Page 0418, New Hanover County Registry, and WHEREAS, Declarant desires to subject said Properties to certain covenants, conditions and restrictions as herein set forth.
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, grantees and assigns, and shall inure to the benefit of each Owner thereof and the Association.
ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to the Larson Townhomes HOA, Inc., its successors and assigns, a North Carolina
e benefit of each Owner thereof and the Association.
ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to the Larson Townhomes HOA, Inc., its successors and assigns, a North Carolina nonprofit homeowners association. The Board of Directors of the Association my create such committees as necessary to assure and effect compliance with these covenants.
Section 2. "Owner" or "Owners" 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 the performance of an obligation Section 3. "Properties" shall mean the real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. "Common Area" and Limited Common Area (LCA): Common Area shall mean any real estate within the Properties and cul-de-sac steet known as Larson Place, owned or leased by the association, other than a Lot. Limited Common Area (LCA as shown on above map) means a portion of the Common Area allocated for the exclusive use (subject to easements of record) of its adjoining Lot Owner. Included in the Common Area is a certain Pond, as shown on the above map, which was constructed for the purpose of serving as a retention pond to collect storm water runoff, as required by the State of North Carolina, for which the Association shall be responsible to maintain. Common Area Open Space shall mean that portion of the Common Area designated as such on the above map, and is hereby intended and designated for the leisure and recreational use of the residents of the development, not including streets or off street parking areas,
designated as such on the above map, and is hereby intended and designated for the leisure and recreational use of the residents of the development, not including streets or off street parking areas, in accordance with Wilmington City Code, as supplemented from time to time. Common Area Open Space shall be substantially free of structures, but may contain such improvements as are appropriate for the benefit of residents of the development, to be first approved by the City of Wilmington. The Common Area, LCA, street, and Common Area Open Space are not dedicated for the use by the general public and no such public dedication is intended.
Section 5. "Lot" shall mean and refer to any plot of subdivided land shown as such upon any recorded subdivision map of the Properties. Whether stated in the deed out or not, each Lot shall be conveyed together the exclusive use (subject to easement of record) of the Limited Common Area (LCA) adjoining said Lot, as designated on the above map. Whether stated in the deed out or not, each Lot shall be conveyed together with access and parking rights as hereinafter mentioned.
Section 6. "Declarant" shall mean and refer to Tommy D, Davis, his heirs, successors and assigns.
ARTICLE II USE RESTRICTIONS Declarant hereby subjects each Lot (total of 18 Lots), and each Lot shall be held, whether stated in the deed out or not, to the following covenants, conditions and restrictions, running with the land: 1. Residential Townhomes: No Lot shall be used except for family residential purposes consistent with the zoning laws of the City of Wilmington. No building or structure shall be erected, altered, placed or permitted to remain on any Lot other than one residential dwelling which may be attached by common
zoning laws of the City of Wilmington. No building or structure shall be erected, altered, placed or permitted to remain on any Lot other than one residential dwelling which may be attached by common party wall to adjacent Lot dwelling, in typical duplex fashion.
No concrete block, concrete brick, asbestos siding, stucco siding, cinder block nor masonite-type siding shall be used for the exterior of any dwelling. Only wood frame dwellings and garage/carport with vinyl siding, solid wood siding or clay-brick exteriors may be constructed. No garage or carport as originally constructed by the Developer/builder may be altered or converted into dwelling area. A utility shed may be constructed or placed in the rear of the dwelling, within the LCA, consistent in design, materials and harmony with the dwelling. No mobile home, modular home or prefabricated residential structure shall be erected or placed or allowed to remain upon any Lot. Developer shall have the right to operate a model home for sales purposes on the Lot of his choice, owned by him.
2.
Temporary Structures and Clotheslines: No trailer, tent, shack, barn camper other similar structure shall be erected or placed on any Lot. Also, no permanent clotheslines shall be permitted on any Lot.
3. Set Backs: Since the establishment of standard inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view preservation of trees and other related considerations, no specific setback lines are herein established. Reference is, however, made to any governmental mandated setbacks as may be required by subdivision ordinances or zoning laws.
4. Subdivision of Lot: No Lot shall be subdivided, or
herein established. Reference is, however, made to any governmental mandated setbacks as may be required by subdivision ordinances or zoning laws.
4. Subdivision of Lot: No Lot shall be subdivided, or its boundary line changed without the written consent of the Declarant. However, the Declarant, prior to an affected Lot being conveyed, hereby expressly reserves the right to re-plat any Lot or change the alignment or placement of any road as required in Declarant's sole discretion and to take such other steps as are reasonably necessary to make such re-platted Lot suitable and fit as a building site.
5. Water and Sewer: Domestic water is available only through the City of Wilmington water system or other suitable government regulated system. The Declarant or Association, however may drill shallow wells for irrigation purposes and for non-domestic water use, in common area, provided all such wells and pumps meet applicable codes, and are properly enclosed and landscaped. Sewage disposal shall be only by tapping into the City of Wilmington sewer system or other suitable government regulated system.
6. No Offensive Activities: No noxious or offensive trade or activity shall be carried on, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. In this regard, no Lot may be used for commercial, industrial or professional business purposes, or in any other manner in violation of the zoning laws of the City of Wilmington.
7. Animals: No domesticated farm animals or poultry of any kind, other than house pets, shall be kept on any Lot.
House pets are permitted subject to governmental regulations and ordinances governing the same, including City of Wilmington leash laws. No Owner shall allow his or her pet to run freely through
Lot.
House pets are permitted subject to governmental regulations and ordinances governing the same, including City of Wilmington leash laws. No Owner shall allow his or her pet to run freely through the neighborhood.
8. Maintenance of Limited Common Area (LCA): It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly, or unkept condition of buildings or grounds within the LCA or parking area appurtenant his or her Lot which would tend to decrease the beauty of the neighborhood as a whole or the specified area. Every Owner shall keep his or her LCA mowed regularly, including easement areas shown on the recorded map. Every Owner shall keep said LCA, and easements clear of rubbish, trash and unsightly debris. In the event that an Owner breaches the requirements and restrictions set forth in this paragraph, the Association is hereby delegated and reserves the right to enter upon the said LCA or parking area and mow the grass, clean and remove such rubbish, trash and unsightly debris at Owner's expense.
9. Fences: No chain link fence shall be erected or permitted to remain on any Lot. Treated wood fences as constructed by the Declarant or pursuant to his approval or the approval of the Association, shall be permitted. Each Owner shall be responsible for maintaining the fence in its original condition unless the responsibility for maintenance of the same is assumed by the Association.
10. Fuel Tanks and Garbage Cans: No fuel tanks or similar storage receptacles may be exposed to view from the street. Garbage cans, carts or other similar receptacles for trash must be kept in back yards, not visible from the street, except the night before or on the day scheduled for collection.
11.
Unlicenced Vehicles: No inoperable motorized
similar receptacles for trash must be kept in back yards, not visible from the street, except the night before or on the day scheduled for collection.
11.
Unlicenced Vehicles: No inoperable motorized vehicle, Junk vehicle or vehicle without current registration and insurance, and no tractor-trailers will be permitted on any Lot.
12.
Signs: After construction is completed, no signs or billboards shall be erected or maintained on any Lot, except real estate for sale signs or other related subdivision signs approved by the Association.
13. Mail: The Declarant has erected a uniform system for the delivery of mail, one receptacle assigned for each Lot, throughout the subdivision. Maintenance of this mail system shall be by and through the Association.
14. Common Party Walls: Each dwelling shares a common party wall with another dwelling (duplex concept). The boundary line between each Lot, where such common party wall exists or is intended to exist, shall be through the middle, along each party wall; and to the extent the recorded plat lines are not consistent with being through the middle and along the party wall, an easement for encroachments of such party walls is hereby established and granted to the Owners affected. General rules of law and equity shall govern the existence, use and liability for property damage due to negligence or willful acts regarding such party walls.
15. Parking: No parking on the cul-de-sac known Larson Place shall be permitted, except for emergency purposes. Parking shall be permitted in garages and areas as are now designated and marked on the ground by the Declarant as parking slips appurtenant to and as an easement for each Lot, and are located in the Common Area as near and convenient to said Lot as
s are now designated and marked on the ground by the Declarant as parking slips appurtenant to and as an easement for each Lot, and are located in the Common Area as near and convenient to said Lot as reasonably possible. The Association may further create and assign additional vehicle parking spaces.
ARTICLE III PURPOSE OF THE ASSOCIATION The Association is a non-profit corporation, created for the limited purpose of: 1. Maintaining and repairing the exterior of each dwelling including paint, care of roofs, gutters, down spouts, exterior building surfaces, siding and other exterior improvements, except for glass; and the Association shall be responsible for operating, maintaining, mowing, landscaping and repairing the Common Area, street and improvements thereon, including but not limited to the Pond, as shown on the recorded map in compliance with the Stormwater Management Permit issued by the State of North Carolina, a copy of which may be obtained from the Declarant or the North Carolina Department of Environment and Natural Resources (NCDENR) located at 127 Cardinal Drive Extension, Wilmington, North Carolina 28405.
2. To be the entity responsible for assuming the duties set forth above from the Declarant/Developer, after the Declarant has completed construction of the pond area in accordance with the terms and conditions of the State storm water runoff permit, hereinafter referenced 3. To collect annual assessments consistent herewith.
4.
To enforce the Covenants, Conditions and Restrictions herein.
5. To maintain any signage area at the entrance way to the subdivision.
6. To exercise all other powers as set forth in NCGS 47F-3-102 or bestowed by law upon non-profit corporations.
ARTICLE IV MEMBERSHIP AND VOTING RIGHTS
age area at the entrance way to the subdivision.
6. To exercise all other powers as set forth in NCGS 47F-3-102 or bestowed by law upon non-profit corporations.
ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot 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: Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled 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 determine, but in no event shall more than one vote be cast with respect to any Lot.
Class B. The Class B member shall be the Declarant who 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: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) On January 1, 2013.
ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, (2) special assessments for capital improvements, and (3) collection charges, including late fees, fine(s), interest, costs, reasonable
ee to pay to the Association: (1) annual assessments or charges, (2) special assessments for capital improvements, and (3) collection charges, including late fees, fine(s), interest, costs, reasonable attorneys fees for unpaid assessments, and such other charges allowed under this Declaration. All Lots shall be assessed equally. The annual and special assessments, together with other charges referenced herein, shall be a charge on the land and shall be a continuing lien upon the Lot, running with the land against which each such assessment is made and shall therefore survive any sale or closing of said Lot. The Association or the Association's managing agent, upon demand, shall furnish to any Owner or Owner's buyer or the holder of a deed of trust on any Lot, a written certificate signed by an officer of the Association or management agent, setting forth the amount of the assessment and whether said assessment is current. Such certification shall be conclusive evidence of payment of any assessment. Buyers or Buyer's agents are strongly encouraged to contact the Association or the Association's professional management agent prior to a closing.
Each such assessment, together with late fees, fine(s), interest, costs, and reasonable attorney's fees shall (in addition to being a continuing lien on the Lot) also be and remain the personal obligation of the person(s) or entity who was the Owner of such property at the time when the assessment fell due.
Section 2. Purpose of Assessments. The main purpose of the annual or special assessment is to provide a source of funding to maintain the Common Area, including street (and pond in compliance with the State Permit), together with any easement areas for which the Association is required to maintaın. The
source of funding to maintain the Common Area, including street (and pond in compliance with the State Permit), together with any easement areas for which the Association is required to maintaın. The assessments levied by the Association shall be used exclusively to promote the health, safety, and welfare of the Lot Owners and for the improvement and maintenance of the Common Area.
Section 3.
Annual Determination of Annual Assessments.
assessments shall be established by the Board of Directors, at its regular meetings or special meetings called for such purpose, which assessment amount shall be based upon a projected annual budget consistent with the purposes of such assessment as set out above. Annual assessments will commence on the date established by the Board of Directors after a special meeting called for such purpose. For the first year in which annual assessments are established, such assessments shall be adjusted according to the number of months left in that calendar year. Thereafter the annual assessment shall coincide with the calendar year. The Board of Directors shall establish the amount of the regular annual assessment against each Lot based upon a projected budget, however, if no amount is fixed, then the amount established in the prior year's assessments will continue to remain in effect until amended by the Board of Directors. The due dates and any grace period shall be established by the Board of Directors.
Board of Directors may raise the annual assessment from year to year by a percentage not to exceed ten percent of the prior annual assessment. Should the Board of Directors determine that the annual assessment for the next succeeding assessment period will exceed the annual assessment for the then current period by
e prior annual assessment. Should the Board of Directors determine that the annual assessment for the next succeeding assessment period will exceed the annual assessment for the then current period by more than ten percent, then the Board will call a special meeting of the Members (thirty days prior notice) for such purpose and any such increase shall be first approved by a vote of two-thirds of the members voting in person or by proxy at such meeting wherein a quorum is present. Sixty percent of all the votes of each class of membership shall constitute a quorum.
The Section 4. Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the Association's Board of Directors may levy, in any assessment year, special assessment(s) applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, emergency repair or replacement of the pond or for storm water facilities maintenance as may be required to comply with rules and regulations governing storm water retention ponds imposed by State of North Carolina.
Section 5. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots.
Annual assessments shall be collected on an annual basis at the beginning of any calendar year, in advance. An Owner is entitled to receive a copy of the budget by requesting the same from the Association or management agent tasked with such responsibility.
Section 6. Effect of Nonpayment of Assessments: Remedies of the Association. Any unpaid assessment shall bear interest from the due date plus grace period at the rate of eighteen percent (18%) per annum, together with a late fee and/or fine(s)
nts: Remedies of the Association. Any unpaid assessment shall bear interest from the due date plus grace period at the rate of eighteen percent (18%) per annum, together with a late fee and/or fine(s) as determined by the Board of Directors. In addition, the nonpaying Lot Owner shall be charged with reasonable attorneys fees and court costs in endeavoring to collect such debt. The Association may bring an action at law against the Owner personally obligated to pay the same, and/or file a claim of lien against the Lot in question, including all costs, interest and late fees, in the Office of the Clerk of Court for New Hanover County and foreclose the lien against the property in a like manner as for mortgages or deeds of trust.
The Section 7. Subordination of the Lien to Mortgage.
lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed upon the properties subject to assessments; provided however, that such subordination shall apply only to the assessments which have become due and payable prior to a foreclosure sale. Such sale shall not relieve such property from liability for any assessments which thereafter become due, nor from the lien of any such subsequent assessment. The sale or transfer of any Lot pursuant to mortgage foreclosure or judicial sale, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer.
Section 8. Working Capital. At the transfer of title to a Lot from the Declarant to a first purchaser, a sum shall be collected from the purchaser equal to $100.00 (working capital) and such sum shall be contributed to the reserve fund of the Association for the purpose of insuring that the Association will
shall be collected from the purchaser equal to $100.00 (working capital) and such sum shall be contributed to the reserve fund of the Association for the purpose of insuring that the Association will have sufficient funds to meet initial operating expenses as well as unforeseen expenditures. This contribution shall not be considered as an advance against assessments to become due, or a refundable deposit. Such working capital shall be collected whether or not assessments have commenced.
ARTICLE VI INSURANCE Section 1. Property Insurance on the structure of the dwellings and Public liability insurance as to the Common Area shall be kept and maintained by the Association pursuant to the stated requirements of NCGS 47F-3-113. Each Owner shall be responsible for insuring the personal contents of the interior of his or her dwelling.
Section 2. The Association shall maintain in effect fidelity bonds or insurance for all officers, directors, trustees and employees of the Association and for all other persons handling or responsible for funds of the Association. Where the Association has delegated some or all of the responsibility for the handling of funds to a management agent, fidelity bonds shall be required for such management agent's officers, employees and agents handling or responsible for funds of the Association.
Section 3. There may also be obtained such other insurance coverage as the board of directors shall determine from time to time to be desirable and necessary. Premiums on insurance policies shall be paid as a common expense of the Association.
ARTICLE VII EASEMENTS Section 1. Pond and Easements in General. The pond area required by the State of North Carolina and was constructed as a condition to the approval of the development of the Properties.
E VII EASEMENTS Section 1. Pond and Easements in General. The pond area required by the State of North Carolina and was constructed as a condition to the approval of the development of the Properties.
The purpose of the pond and the drainage easements feeding the pond is to control storm water runoff through and from the subdivision, thereby benefitting all Owners. The pond is designed in accordance with approved permitted standards, has a schedule of compliance for maintenance and repair, and is subject to other general conditions, all as contained in that certain State Stormwater Management Systems Permit. It shall be the primary duty and responsibility of the association to maintain and repair this pond area and water runoff systems in accordance with such Permit, and the Association is granted the right to enter any Lot for the purpose of maintaining and repairing the The State of North Carolina is also granted an access easement for the purpose of inspecting the pond.
same.
In addition, all Lots shall be subject to such necessary and practical easements for water lines, sanitary sewers, storm drainage, gas lines, telephone and electric power lines, cable television and other utilities, public or private, as shall be necessary for the convenient use and enjoyment of the properties as a residential neighborhood. An easement over the street and Common Area is hereby granted and dedicated for emergency vehicles, fire, rescue, power, telephone, cable and other such service related organizations.
Section 2. Dedication by Map. Each Lot in said subdivision is further subjected to such easements as may appear on or referenced on the recorded map.
Section 3. Access Easement. For each Lot, there is hereby dedicated, granted and established, an access easement,
urther subjected to such easements as may appear on or referenced on the recorded map.
Section 3. Access Easement. For each Lot, there is hereby dedicated, granted and established, an access easement, appurtenant, over and through the Street known as Larson Place and Common Area in front of each Lot for purposes of ingress, egress and regress to Greenville Avenue.
ARTICLE VIII DECLARANT RIGHTS Section 1. Declarant Control: Management of the affairs of the Association shall be the right and responsibility of its Board of Directors, provided however, that all of the powers and duties of the Board of Directors may be exercised by the Declarant, or his assigns, until such time as seventy-five percent (75%) of the Lots have been sold and conveyed by the Declarant to purchasers (other than entities formed by the Declarant of which he is a principal) or until January 1, 2013, whichever first occurs.
Section 2. The Declarant reserves the right to subject the Properties to a contract with the local power company for the installation of electric cables and/or the installation of street lighting either or both of which may require an initial payment and/or a continuing monthly payment to said local company by the Owner of each Lot. Nothing herein shall imply or be interpreted to obligate the Declarant to construct street lighting.
ARTICLE IX RIGHTS OF INSTITUTIONAL LENDERS "Institutional Lender" as the term is used herein, shall mean and refer to first mortgagees including banks, savings and loan associations, insurance companies and other mortgage lenders and insurers of first mortgages. So long as any Institutional Lender shall hold any mortgage upon any Lot, or its named Trustee shall be the Owner of any Lot, they shall, upon request, have the
enders and insurers of first mortgages. So long as any Institutional Lender shall hold any mortgage upon any Lot, or its named Trustee shall be the Owner of any Lot, they shall, upon request, have the right: To be furnished with a copy of the annual financial statement or budget; to examine the books and records of the Association at reasonable times; and, to be given notice of default in the payment of assessments. Institutional Lenders shall enjoy the irrevocable right that any assessment lien is subordinate to the lien of their first mortgage.
ARTICLE X STATE REQUIRED STORM WATER REGULATIONS The following covenants are intended to ensure ongoing compliance with state storm water management permit as issued by the State of North Carolina, Division of Water Quality under NCAC 2H.1000: Section 1: The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the storm water management permit. All runoff from the built-upon areas on the site or Lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the Lot to drain toward the street, or grading perimeter swales to collect lot runoff and directing them into the storm water system or into the street. Lots that will naturally drain into the system are not required to provide these additional measures.
Section 2: These covenants pertaining to storm water may not be altered or rescinded without concurrence of the State.
Section 3: These covenants are to run with the land and be binding on all persons and parties claiming under them.
Section 4: Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality.
ARTICLE XI
all persons and parties claiming under them.
Section 4: Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality.
ARTICLE XI 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 any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Enforcement of the restrictions concerning storm water runoff and built upon area may be enforced by the State.
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions which shall remain in full force and effect.
Section 3. Duration/Amendment.
The covenants and restrictions of this Declaration shall run with and bind the Properties, for a term of thirty (30) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years.
Except where otherwise provided, this Declaration may be amended by the vote of not less than 67% of each class of members cast in person or by proxy at a meeting duly called for this purpose at which a quorum is present, or may be amended by written agreement signed by not less that 67% of Lot Owners. Written Notice of said meeting shall be sent to all members at least thirty days in advance of said meeting. Any amendment shall become binding and operative upon its recordation in the New Hanover County
ten Notice of said meeting shall be sent to all members at least thirty days in advance of said meeting. Any amendment shall become binding and operative upon its recordation in the New Hanover County Registry. Such amendment need only be signed by the President of the Association, but such amendment shall contain a certification by the President that the requirements of this Section (regarding two-thirds approval) has been met.
Certain restrictions pertaining to storm water regulations may not be changed or deleted without the concurrence of the State of North Carolina. Nor may alteration of drainage take place without the concurrence of the State.
However, the Declarant may, by recorded instrument, amend the Declaration without the joinder or consent of the members or Association for purposes of: for the exercise of any development right, or further protecting the neighborhood concept and harmony consistent with the way the Properties have been developed, or making the Declaration comply with VA or FHA requirements and guidelines; correcting clerical errors; or conforming the Declarations to requirements imposed by federal, state or local governments; or as necessary to assure the Association can achieve and keep tax exempt status as a non-profit corporation.
Section 4. Notices. Any notice required to be sent to any member or Owner shall be deemed to have been properly sent when mailed, or delivered to the last known address of the person who appears as a member or Owner on the Association's records at the time of mailing.
Section 5.
Rentals. Nothing herein shall prevent an Owner from leasing his or her Lot to tenants, however, the Owner shall provide such tenants with a copy of this Declaration and require his or her tenant to abide by the same as a condition of the
an Owner from leasing his or her Lot to tenants, however, the Owner shall provide such tenants with a copy of this Declaration and require his or her tenant to abide by the same as a condition of the lease.
IN WITNESS WHEREOF, Declarant, has executed this Instrument, all the day and year first above written.
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Tommy D. Davis I, JL. Seay, Jr.
Notary Public in and for the County and State aforesaid, certify that Tommy D. Davis personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official stamp or seal this 29th 2003.
day of August Notary Public My Commission expires: 6-28-2008 NEW J. L.
SEAY, JR.
NOTARY PUBLIC HANOVER COUNTY, NEW A HANO * STATE OF COUNTY CAROLINA NORTH REBECCAT CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: Book: Document No.: 09/02/2003 10:57:52 AM RE 3989 Page: 86-96 2003056921 DECL 11 PGS $41.00 Recorder: MARVIS ANN STORER State of North Carolina, County of New Hanover The foregoing certificate of JL SEAY JR Notary is certified to be correct. This 2 ND of September 2003 REBECCA T. CHRISTIAN, REGISTER OF DEEDS By: Mar Deputy/Assistant Register of Deeds YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
2003056921