STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BOOK FAGE 1135 0491 ADMITTED TO RECORD BOOK PAGE FILE NO.
JUL 28 42 PM 78 LDIS CLERAY REGISTRAR NEW HANDVER CO.. N.C.
DECLARATION OF CONDOMINIUM LIVE OAK SOUTH TOWNHOUSES FREDERICK B. GRAHAM, JR. and NELL H. GRAHAM, hereinafter called "Declarants" , being the owners in fee simple of the property hereinafter described, hereby submit said property to condominium ownership pursuant to Chapter 47A of the General Statutes of North Carolina as amended, known as the "Unit Ownership Act", and to that end do hereby publish and declare that all of the said property, to be known as "Live Oak South Townhouses" , is and shall be held , conveyed, hypothecated, encumbered, used, occupied and improved subject to the following conditions, covenants , restrictions, uses, limitations and obligations, all of which shall be deemed to run with the land and shall be a burden and benefit to Declarants, their heirs and assigns, and any person acquiring or owning an interest in the property and improvements, their grantees, heirs, executors, administrators, devisees and assigns.
1.
successors, DESCRIPTION OF PROPERTY. All that certain tract or parcel of land with the buildings and improvements thereon erected or to be erected, situate, lying and being in the City of Wilmington, County of New Hanover, and State of North Carolina , and more particularly described as follows: 76 BEGINNING at the intersection of the Westerly line of South Live Oak Parkway with the dividing line between Lots 403 and 404 as same is shown on the map of Section A of South Oleander, recorded in Map Book 4, Page 46, New Hanover County Registry; and running thence North 57 degrees 25 minutes West along said dividing line between Lots 403
n on the map of Section A of South Oleander, recorded in Map Book 4, Page 46, New Hanover County Registry; and running thence North 57 degrees 25 minutes West along said dividing line between Lots 403 and 404, as shown on said map, 139 feet; thence North 43 degrees 33 minutes 30 seconds East 203.73 feet to the Southern line of Oleander Drive (U.S.
Highway #76); thence South 57 degrees 25 minutes East along the Southerly line of Oleander Drive 23 feet; thence along a curve to the right (said curve having a delta angle of 80 degrees, tangent of 41.96 feet and radius of 50 feet) to a point in the Westerly line of South Live Oak Parkway, said point being located South 17 degrees 25 minutes East a chord distance of 64.28 feet from the preceding point%3B thence South 22 degrees 35 minutes West along the Westerly line of South Live Oak Parkway 161.13 feet to the point of Beginning; the same being all of Lot 402A of the Redivision of Lots 400, 401, 402 and 403, Section A, of South Oleander, as shown on the map thereof recorded in Map Book 18, Page 78, New Hanover County Registry .
2.
EXPANSION OF THE PROPERTY SUBJECT TO THIS DECLARATION.
A. By this Declaration the Declarants submit only the land described in Paragraph 1, together with the improvements thereon. Nevertheless, Declarants hereby reserve the right and option, but not the obligation, to expand the property subject to this Declaration by adding all or any portion or portions of Lots 400A and 401A.
B. Such expansion shall occur, if at all, by the recordation of one or more amendments to this Declaration, which amendment(s) shall be executed by the Declarants or their heirs RETURNED TO .J. Com BOOK PAGE 1135 0492 and assigns. The recordation of any such amendment, and expansion
nts to this Declaration, which amendment(s) shall be executed by the Declarants or their heirs RETURNED TO .J. Com BOOK PAGE 1135 0492 and assigns. The recordation of any such amendment, and expansion of the Property subject to this Declaration effectuated thereby, shall not require consent or ratification of any unit owner.
C. The right and option described in sub-paragraphs A and B above shall be subject to the conditions, restrictions and limitations set forth in sub-paragraphs D, E, F, and G, of this paragraph 2.
D. If the Declarants add all or any portions of Lots 400A and 401A, Declarants covenant and agree that no more than six (6) units will be added to the Property subject to this Declaration by such expansion or expansions.
E. The Declarants covenant and agree that all buildings containing units built on any portion of the land added to and made subject to this Declaration shall be not more than three stories in height above finished grade and shall use wood, stucco or brick exteriors, or combination thereof.
F. If any units are added to and made subject to this Declaration by the expansion contemplated by this paragraph, then, the undivided interest in the common areas and facilities, the liability for common expense not specially assessed, the interest in any common surplus, and the voting rights in the Live Oak South Townhouses Association, Inc. will thereafter be that proportion that the fair market value of such unit bears to the then aggregate fair market value of all units at the date of the amended or supplemental In Declaration or Declarations, as determined by Declarants.
determining such fair market value for any additional units added to or made subject to this Declaration, Declarants may use the offering
l In Declaration or Declarations, as determined by Declarants.
determining such fair market value for any additional units added to or made subject to this Declaration, Declarants may use the offering or purchase price of such unit or the fair market value as established by any independent appraiser. In determining the fair market value of units previously subjected to the Declaration, the Declarants may use the value as then established for tax purposes by the appropriate authorities or the value established by any independent appraiser.
G. Nothing herein shall be deemed to limit or alter Declarants' right, hereby reserved, to vary the internal layout or exterior configurations of any units hereafter constructed so long as Declarants substantially conform with the provisions of this paragraph 2.
H. Every unit owner, by accepting a Deed to a unit, thereby agrees for himself and his heirs, successors and assigns, to any expansion of the property subject to this Declaration in accordance with the provisions of sub-paragraphs A through G of this paragraph 2.
3. DESCRIPTION OF BUILDING. There is to be constructed upon the property described in paragraph 2 hereof a two-story building with three condominium units to be used for residential purposes .
A plat of survey of the property by Jack G. Stocks, R.L.S., showing the location of said building is attached hereto and made a part hereof as Exhibit A. The building is more particularly described on the plans thereof, copies of which plans are attached hereto as Exhibits B, C and D, and made a part hereof, showing all particulars There is no basement and each of the building as required by law.
unit is located on the first and second stories of the building, The building is _with a separate interior stairway for each unit.
ars There is no basement and each of the building as required by law.
unit is located on the first and second stories of the building, The building is _with a separate interior stairway for each unit.
The building has a gross of frame and brick veneer construction.
area of approximately 4900 square feet divided into three individual condominiums, the middle unit (Unit B) having common interior walls The building separating it from the two end units (Units A and C ).
has a common outside parking area, walkway, driveway, landscaped area and other appurtenances and facilities.
-2'BOOK PAGE 1135 0493 4.
UNIT DESIGNATION AND DESCRIPTION.
A. DESIGNATION: The unit designation of each unit and its location and type of floor plan, is set forth on Exhibits A, B, C and D hereto attached.
B. DESCRIPTION: Each unit is two stories in height, and is bounded both as to horizontal and vertical boundaries by the interior surface of its perimeter walls , second story ceilings and first story floors which are shown on said plans , subject to such encroachments as are contained in the building, whether the same now exist or may be caused or created by construction, settlement or movement of the buildings, or by permissible repairs, construction or alteration. The floor plans of the two floors of the building, hereto attached as Exhibits B and C show the location and arrangement All three units have the same basic floor of each of the units.
plan. The porches, patios and stoop attached to Units A, B, and C, as shown on said plans, are each included as a portion of the unit to which it is attached.
5. COMMON AREAS AND FACILITIES.
following: A. The common areas and facilities consist of the (1) The land submitted to condominium ownership as described in Paragraph 1 hereof.
o which it is attached.
5. COMMON AREAS AND FACILITIES.
following: A. The common areas and facilities consist of the (1) The land submitted to condominium ownership as described in Paragraph 1 hereof.
(2) All foundations, columns, girders, beams, supports, roofs, first floor joists, sills and subflooring, exterior walls and the interior walls which separate units A and B and Units B and C.
(3) The paved driveway, parking area and paved walk adjoining the parking area.
(4) All other parts of the property and all apparatus and installations existing in the building or upon the property for common use or necessary or convenient to the enjoyment, existence, maintenance or safety of the property.
B. (1) The undivided share in the common elements which are appurtenant to a unit shall not be separated therefrom and shall pass with the title to the unit, whether or not separately described .
(2) A share in the common elements appurtenant to a unit can only be conveyed or encumbered together with the unit.
(3) The shares in the common elements appurtenant to units shall remain undivided, and no action for partition of the common element shall lie.
C. The undivided interest of each unit owner in such common areas and facilities is as follows: Unit A Unit B Unit C 33.94% 33.16% 32.90% 6. LIMITED COMMON AREAS AND FACILITIES.
The land areas lying between the walk adjoining the parking area and the front wall of each unit (as designated on Exhibit A) together with the paved walks leading to each unit entrance shall be known as Limited Common Areas. The owner of each unit shall have exclusive use, possession and control of the limited common area appurtenant to his unit, subject to the same rights and limitations applicable to each dwelling unit as provided herein and
shall have exclusive use, possession and control of the limited common area appurtenant to his unit, subject to the same rights and limitations applicable to each dwelling unit as provided herein and in the By-Laws of the Association; provided, however, that said limited common areas shall be maintained by the Association.
-3BOOK PAGE 1135 0494 7. USE. No unit shall be used or occupied for any purpose Nothing shall other than as a private, single family residence.
be stored in the common area without the prior consent of the Board of Directors of the Association and there shall be no obstruction of common areas. No animals, livestock or poultry of any kind shall be raised, bred or kept in any unit or in the common area except as may be permitted by the rules and regulations adopted by the Association. No noxious or offensive activity shall be carried on in any unit or in the common area, nor shall anything be done thereNo in which may be or become an annoyance to the other owners.
sign of any kind shall be displayed on any unit or in the common areas without the prior consent of the Board of Directors of the Association, and there shall be no violation of the rules for the use of the common areas adopted by the Board of Directors.
8. PROCESS AGENT. Frederick B. Graham, Jr., 709 Princess Street, Wilmington, North Carolina, 28401, is hereby designated as the person to receive service of process in any action provided for in N.C.G.S. Chapter 47A. The Board of Directors of the Association may change the Process Agent by filing a Declaration of Change in the Office of the Register of Deeds of New Hanover County, North Carolina.
9.
MAINTENANCE.
A. All plumbing, air conditioning, floor and wall coverings, heating, electrical, telephone, cabinetry, partitions,
fice of the Register of Deeds of New Hanover County, North Carolina.
9.
MAINTENANCE.
A. All plumbing, air conditioning, floor and wall coverings, heating, electrical, telephone, cabinetry, partitions, walls, ceilings, and other fixtures and equipment located within the unit, and all windows and doors opening into the unit, shall Any be maintained (and, if owner desires, insured) by the Owner.
replacements or substitutions of such fixtures and equipment shall be compatible with any common areas and facilities affected thereby.
The Association shall not be responsible for repairing, maintaining and replacing such fixtures and equipment.
B. All parts of a condominium unit shall be kept in good The unit condition and repair by and at the expense of the owner.
shall be maintained by the owner in a clean and safe condition, free of nuisance. Each unit owner will comply promptly with any requirements of the insurance underwriters of the insurance for the common areas and facilities when so requested by the Board of If any owner Directors of the Association or its designated agent.
shall fail to repair, maintain or replace any facilities, fixtures or equipment located in his unit as may be required pursuant to the Condominium Documents or a determination by the Board or its designated agent that such failure will endanger or impair the value of the common area and facilities or any unit belonging to another member of its common elements, the same may be repaired or replaced by the Association at the expense of the unit owner, to be collected by Such assessment may include special assessment as herein provided.
the cost to the Association incurred in the abatement of any nuisance maintained by the unit owner herein.
10. EASEMENTS. The Declarants or the Board of Directors
pecial assessment as herein provided.
the cost to the Association incurred in the abatement of any nuisance maintained by the unit owner herein.
10. EASEMENTS. The Declarants or the Board of Directors of the Association may hereafter grant easements for utility purposes for the benefit of the property, including the right to install, lay, maintain, repair and replace water lines, pipes, sewer lines, gas mains, television and telephone wires and equipment and electrical conduits, and wires over, under, along and on any portion of the common areas%3B each unit owner hereby grants the Declarants , or the Board of Directors, an irrevocable power of attorney to execute, acknowledge and record such instruments as may be necessary to effectuate the foregoing.
11. COMMON EXPENSES. The unit owners are bound to contribute above, toward pro rata, in the percentages set forth in Paragraph the expense of administration and of maintenance and repair of the -4BOOK PAGE 1135 0495 general and limited common areas and facilities, and toward any No unit other expenses lawfully assessed by the Association.
owner may exempt himself from contributing toward such expense by waiver of the use or enjoyment of the common areas and facilities or by the abandonment of the unit belonging to him.
12. TAXES. Each Condominium Unit and its percentages of undivided interest in the common areas and facilities set forth in Paragraph 5 hereof, shall be deemed to be a separate parcel and shall be separately assessed and taxes for all types of taxes authorized by law, including, but not limited to, special ad valorem levies and special assessments. Each unit holder shall be liable solely for the amount of taxes against his individual unit and shall not be affected by the consequence resulting from the
l ad valorem levies and special assessments. Each unit holder shall be liable solely for the amount of taxes against his individual unit and shall not be affected by the consequence resulting from the Neither the building, tax delinquency of any other unit holders.
the property, nor any of the common areas and facilities shall be deemed to be a separate parcel for purposes of taxation.
13.
LIENS.
A. No liens of any nature may be created subsequent to the recording of this Declaration against the condominium property as a whole (as distinguished from an individual unit, together with its undivided common interest in the common areas and facilities) except with the unanimous consent of the unit owners and the holders, if any, of prior liens thereon.
B. No labor performed or materials furnished to the common elements shall be the basis for a lien thereon unless authorized by the Condominium Documents or expressly authorized by the Board, in which event, same might be the basis for the filing of a lien against all condominium units in the proportions for which the owners thereof are liable for common expenses.
C. Unless otherwise provided by law, in the event a lien against one or more condominium units becomes effective each owner thereof may relieve his condominium unit of the lien by paying the Upon proportionate amount attributable to his condominium unit.
such payment, it shall be the duty of the lienor to release the lien of record for such condominium unit.
D. Assessments against unit owners by the Association made pursuant to the By-Laws shall, if not paid when due, create a lien in favor of the Association against the unit of the defaulting owner as provided by Section 47A-22 of the Unit Ownership Act, and shall be collected as therein provided.
t paid when due, create a lien in favor of the Association against the unit of the defaulting owner as provided by Section 47A-22 of the Unit Ownership Act, and shall be collected as therein provided.
E. All liens provided for herein shall be subordinate, and are hereby subordinated, to the lien of any first mortgage given to any lender to secure a loan, the proceeds of which are used to finance the purchase of any unit or units, unless any such lien provided for herein shall have been recorded in the Office of the Clerk of Superior Court prior to the recordation of said first lien mortgage in the Office of the Register of Deeds of New Hanover County, North Carolina.
14. NATURE OF INTEREST IN UNIT.
A. Every unit, together with its undivided common interest in the common areas and facilities, shall for all purposes be a separate parcel of real property and the unit owner thereof shall be entitled to the exclusive ownership and possession of such unit subject only to the provisions of the Unit Ownership Act, the Condominium Documents and the covenants, restrictions, easements, regulations, resolutions and decisions adopted pursuant thereto.
-5BOOK PAGE 1135 0496 B. The owner shall be entitled to use the common areas and facilities in accordance with the purpose for which they are intended, but no such use shall hinder or encroach upon the lawful There shall be a joint use rights of the owners of other units.
of the common areas and facilities and a joint mutual easement for that purpose is hereby created.
15. INSURANCE. The Board of Directors (or the Managing Agent, if so designated by the Board), on behalf of the Association, at its common expense shall at all times keep the property (except personal property within a unit) insured against loss or damage
Agent, if so designated by the Board), on behalf of the Association, at its common expense shall at all times keep the property (except personal property within a unit) insured against loss or damage by fire or other hazards normally insured against at 100% of replacement cost, and such other risks, including public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect the property and as shall be required to protect not only the Unit Owners but any lending institution holding first liens on individual units which insurance shall be payable in case of loss to the Board (or its designee) as Trustee for all Unit Owners and mortgages according to the loss or damage to their respective apartments and appurtenant common interest as their interests may appear. The Trustee so named shall have the authority on behalf of the Association and Unit Owners to deal with the insurer in the settlement of claims.
Such insurance shall be obtained without prejudice to the right of each individual Unit Owner to insure his personal property for his own benefit and any Unit Owner or Occupant may obtain additional insurance at his own expense%3B provided, however , that no owner or occupant shall be entitled to exercise his right to maintain insurance coverage in such a way as to decrease the amount which the Board of Directors (or its Designee) as Trustee for all the owners, may realize under any insurance policy in force on the project at In no event shall the insurance coverage any particular time.
obtained by the Board of Directors (or its Designee) be brought into contribution with insurance purchased by individual owners or their mortgagees.
16. DAMAGE OR DESTRUCTION. Except as hereinafter provided,
d by the Board of Directors (or its Designee) be brought into contribution with insurance purchased by individual owners or their mortgagees.
16. DAMAGE OR DESTRUCTION. Except as hereinafter provided, damage to or destruction of the property or building shall be promptly repaired and restored by the Board using the proceeds of insurance for that purpose, and the Unit Owners of all units shall be liable for assessment of any deficiency in accordance with their undivided interest in the common areas and facilities as set forth in Paragraph 5%; provided, however, if the building shall be more than two-thirds (2/3) destroyed by fire or other casualty, as determined by the Board of Directors and the owners of twothirds (2/3) of the units resolve not to proceed with the construction or restoration, then and in that event: A. The property shall be deemed to be owned as tenants in common by the Unit Owners in the same percentages as set forth in Paragraph 5 previously applicable to the share of such owner in the common areas and facilities .
B.
Any liens affecting any of the units shall be deemed to be transferred, in accordance with the existing priorities , to the percentage of undivided interest of the Unit Owner in the property as herein provided.
C. The property shall be subject to an action for partition at the suit of any Unit Owner, in which event , the net proceeds of sale, together with the net proceeds of insurance policies, if any, shall be considered as one fund and shall be divided among the Unit Owners in proportion to their respective undivided interest in the common areas and facilities, as set forth in Paragraph 5, after paying off, out of the respective shares of the Unit Owners all liens on the respective unit.
-61 BOOK PAGE 1135 0497 17.
erest in the common areas and facilities, as set forth in Paragraph 5, after paying off, out of the respective shares of the Unit Owners all liens on the respective unit.
-61 BOOK PAGE 1135 0497 17.
TRANSFER OF UNITS.
A. Right of First Refusal. In the event that any person or entity who owns a unit shall desire to sell, lease or transfer such unit, then the said unit shall first be offered for sale or lease to the Association at the same net price and on the same terms at which the highest bona fide offer has been made for the said unit. The unit owner shall give the Association written notice of his desire to sell or lease, by certified or registered mail, return receipt requested, and shall further advise the President of the Association of the name and address of the person, firm or corporation making the highest bona fide Within thirty offer as well as the amount and terms of such offer.
days after receipt of such said notice, the Association may exercise Should the Association its option to lease or purchase the unit.
fail or refuse within thirty days after receipt of the written notice to exercise its option, the unit may then be leased or sold at the price or rental not less than that for which it is offered to the Association. Any sale or lease of any unit by the owner to the person, firm or corporation, making such offer shall be subject to all of the terms, covenants, limitations and provisions of the Condominium Documents.
B. Mortgaging. No unit owner may mortgage his unit or any interest therein without the approval of the Association except as to a first mortgage lien, in which event notice shall be given to the Association as to the name and address of such mortgagee .
Upon request of the Association, the owner shall provide to the
cept as to a first mortgage lien, in which event notice shall be given to the Association as to the name and address of such mortgagee .
Upon request of the Association, the owner shall provide to the Association a copy of all mortgaged documents relating to the unit.
C. Transfer Voidable. Any sale, voluntary transfer, conveyance, lease or mortgage, except as to a first mortgage lien as mentioned in Paragraph 17B above, which is not authorized by the terms of this Declaration or for which authorization has not been obtained pursuant to the terms hereof is voidable and may be voided by a certificate of the Board duly recorded in the recording office where this Declaration is recorded.
D. Effective Date. The provisions of this Paragraph shall become operative upon each unit upon the transfer of title by the Declarants to the first purchaser thereof.
E. Inter-Family Transfer. An owner may give, devise, or bequeath his interest in any unit to his spouse, his parents or to any lineal descendants, including adopted children%; or to a corporation or partnership (not created primarily for the purpose of avoiding Paragraph 17A hereof), of which all classes of stock or partnership interests are more than eighty percent owned by each unit owner, his spouse and his lineal descendants, without the prior written consent of the Board of Directors.
18. MANAGEMENT AGREEMENT. The Declarants or their designee, by agreement to be entered into with the Association, shall act as Managing Agent from the date of the first conveyance of title to an owner until the date of the first annual meeting of the Association , and thereafter until terminated by the parties, with responsibility for co-ordinating all normal management services of the Association;
until the date of the first annual meeting of the Association , and thereafter until terminated by the parties, with responsibility for co-ordinating all normal management services of the Association; provided, however, that the Declarants shall have the right , at any time, upon giving sixty (60) days notice to the Association , to terminate the Management Agreement with the Association; and provided, further, that the Board of Directors of the Association shall have the right, at any time after the first annual meeting of the Association upon giving sixty (60) days notice to Declarants, to terminate and cancel said Management Agreement.
During such period, the Managing Agent shall receive for his services from each owner, a management fee to be agreed upon by a -7BOOK PAGE 1135 0498 majority of the unit owners, commencing on the date of the closing of the first sale of a unit or an owner.
Under the Management Agreement, the Managing Agent, to the exclusion of all persons, including the Association and its members, shall be delegated all the powers and duties of the Association as set forth in this Declaration of Condominium and the By-Laws of the Association (except such thereof as are specifically required to be exercised by the Board of Directors or the members), including , but not limited to the power of levy and collect assessments for the common expenses of the condominium%3B and it shall be the duty of the Managing Agent to supervise, generally manage, and maintain the common elements of the condominium at the expense of and for the benefit of the Association and its members.
Each owner shall pay monthly to the Managing Agent an assessment equal to the unit's pro-rata share, as set forth in Paragraph 5 of this Declaration, of the estimated total operating
and its members.
Each owner shall pay monthly to the Managing Agent an assessment equal to the unit's pro-rata share, as set forth in Paragraph 5 of this Declaration, of the estimated total operating expenses, including the above management fee, which assessments Payments not received shall be due on the first day of each month .
when due shall bear interest at the maximum legal rate.
All present 19. UNITS SUBJECT TO CONDOMINIUM DOCUMENTS.
and future owners, tenants and occupants of dwelling units and their guests or invitees, shall be subject to, and shall comply with the provisions of the Condominium Documents, and as the The Condominium Documents may be amended from time to time.
acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any dwelling unit shall constitute an agreement that the provisions of the Condominium Documents are accepted and ratified by such owner, tenant or occupant, and all such provisions shall be deemed and taken to be covenants running with the lands and shall bind any person having at any time any interest or estate in such unit as though such provisions were made Failure to a part of each and every deed of conveyance or lease.
comply with the provisions of the Condominium Documents shall entitle the Association or any owner to seek legal and/ or equitable relief.
20. AMENDMENT OF DECLARATION. Except as provided in Paragraph 8 for changing the Process Agent, this Declaration may be amended only by the vote of at least two-thirds (2/3) of all unit ownerships (each unit having one vote, regardless of the number of individuals or entities owning interests in a unit ), cast in person or by proxy at a meeting duly held in accordance with the provisions of the By-Laws. The By-Laws may be amended
ss of the number of individuals or entities owning interests in a unit ), cast in person or by proxy at a meeting duly held in accordance with the provisions of the By-Laws. The By-Laws may be amended in accordance with the No such amendment shall be procedure set forth in such By-Laws.
effective until recorded in the Office of the Register of Deeds for In no event may the the county wherein the property is located.
Declaration be amended so as to deprive the Declarants of any rights granted herein.
21. WARRANTIES. Declarants make no warranties, express or implied, in any respect with regard to the lands and buildings which are the subject of this Declaration, except for such warranties set forth in the general warranty deed to the unit .
22. NON-PROFIT CORPORATION. It is the intention of Declarants that all rights of the Association shall be vested in a non-profit corporation known as the Live Oak South Townhouses Association, Inc., which shall be or has been formed pursuant to the laws of the State Such corporation of North Carolina and the applicable Federal laws.
shall be formed and operated in accordance with this Declaration and the By-Laws attached hereto and incorporated herein , and all governing laws, as they shall be amended from time to time.
-8f BOO!
FACE 1135 0499 23. INVALIDITY. The invalidity of any provisions of this Declaration shall not impair or affect the validity and enforceability of the remainder of this Declaration, and in such event , all of the provisions of this Delcaration shall continue in full force and effect as if such invalid provision had never been included .
24. WAIVER. No provisions contained in this Declaration shall be deemed to have been abrogated or waived by reason of any
n full force and effect as if such invalid provision had never been included .
24. WAIVER. No provisions contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur.
25. LAW CONTROLLING.
This Declaration and the By-Laws attached hereto shall be construed under and controlled by the laws of the State of North Carolina.
IN TESTIMONY WHEREOF, the Declarants have hereunto set their hands and affixed their seals, this 28 day of 1978.
lari B. Saha 1) (SEAL) Tell H. Saham (SE STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Allen Skippal, A Notary Public in and for hereby the State of North Carolina, County of Ballsch certify that FREDERICK B. GRAHAM, JR. and NELL H. GRAHAM, personally appeared before me this day and acknowledged the due execution of the foregoing and annexed instrument.
" Witness my hand and notarial seal, this 28th day of Juley 1978.
Notary Public 5.
My Commission expires: tole 28, 1979 SKIPPER STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER : : The foregoing certificate of Notary Public of Brunswick certified to be correct.
1978.
This 28 day of NOTARY PUBLIC BRUNSWICK COUNTY Helen S. Skipper County, North Carolina, is July LOIS C. LERAY, REGISTER OF DEEDS NEW HANOVER COUNTY, NORTH CAROLINA By DRAWN BY CARR & SWAILS Deputy -9EXHIBIT A LOT 404 1135 0500 N57.25'W 18910 LOT 40ZA REDIVISION OF LOTS ACO,401,402 & 403 SECTION A SOUTH OLEANDER MAP BOOK IB PAGE 78 N19021'30" 57.49 161.13 PATIO ALTIO N57°25'W PATIO 22.0 TUNIT A UNIT B 8 UNIT C 32 PORCH 522°35'W SOUTH LIVE OAK PARKWAY (200' B/W) 3,51,80.59N PS15 CONC PARKING WALK ASPHALT PAVEMENT 517°25'E CH.64.28 LEGEND: PROPERTY LINE CONDOMINION IIMITED COMMON AREAS COMMON AREA
B 8 UNIT C 32 PORCH 522°35'W SOUTH LIVE OAK PARKWAY (200' B/W) 3,51,80.59N PS15 CONC PARKING WALK ASPHALT PAVEMENT 517°25'E CH.64.28 LEGEND: PROPERTY LINE CONDOMINION IIMITED COMMON AREAS COMMON AREA DROP INLET UNDERGROUND DRAIN SIDE..
OLEANDER DRIVE.
U.S. HIGHWAY #76 NORTH LOT 401A 23.0 557°25'E LIVE OAK SOUTH - TOWNHOUSES WILMINGTON, N.C.
"SCALE 1": 20'..
JULY 1978 C.Stah NE REGISTRETOCKS NILES WILMINGTON,N.C.
8 0127 2.6" EXHIBIT B LIVE OAK SOUTH TOWNHOUSES.
g'e' PCACH TRACK VENEER 9'-0" LIVING R 0171 NAFA 18.4" Look Dalis PM.
12.4 BOOK PAGE 1135 0501 JW!
HAP BEDROSY * Te -P.T PATIO PATIO 77 70747050 PATIO I, ROBERT M. WILLIAMS, JR., a Licensed Professional Engineer, certify that the above is an accurate copy of a portion of the LIVE OAK SOUTH TOWNHOUSES Building Plans as filed with and approved by the City of Wilmington Building Inspector.
Personally appeared before me ROBERT M. WILLIAMS, JR., who, being duly sworn, says that the.
foregoing certificate is true and correct .
ROL AN BRENDA B.
MUERY NOTARY PILIC NEW HANOVER COUNTY N. C.
Brenda B Muery Notary Public 1. My Commission expires: Oct. 16,1980 EXHIBIT C LIVE OAK SOUTH TOWNHOUSES BOOK PAGE 1135 0502 MASTER BEDROOM 3.2 •SECOND FLOOR, PLAN.
3-4 דדי MASTER BEDROOM 13/01 KEDAEM"?
(1) ☑ h and st.c I, ROBERT M. WILLIAMS, JR., a Licensed Professional Engineer, certify that the above LIVE OAK SOUTH TOWNHOUSES Building Plans as is an accurate copy of a portion of the filed with and approved by the City of Wilmington Building Inspector.
CAR Personally appeared before me ROBERT M. WILLIAMS, JR., who, being duly sworn, says that the foregoing.certificate is true and correct.
JERT TUTLAS; *) BRENDA B MUERY NOTARY PUBLIC NEW HANOVER COUNTY N. C.
Bed Bu Notary Public
e me ROBERT M. WILLIAMS, JR., who, being duly sworn, says that the foregoing.certificate is true and correct.
JERT TUTLAS; *) BRENDA B MUERY NOTARY PUBLIC NEW HANOVER COUNTY N. C.
Bed Bu Notary Public My Commission expires: Oct. 16, 1980 11300 TAVE 1135 0503 EXHIBIT D LIVE OAK SOUTH TOWNHOUSES 240 Aranch Shingles 15 Foir 112°50 Plywood Sheathing Chack Elevation Plac for Roof Porch Mould 1-& Fascia 1/2 Plywood Selfied 2018 Air Yea!
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-Fuck Floor 13 Pols • Pa Si 'Solid Concrete Block Cap Concrete Blech Pler foeting PinePins Osh Shoo Window Opn.
Winder Op Brick Rah Brick Rolek Face Brick •2 Sives 16°/1 Face Brick -24 Solo Piola 210 Bow 2+6 2nd Floor Send _ Double Meador Oak Tread (3) 2-10 Par Stairway 2-10 18" </s Sh 2-11) All Outside Well ALTSAMATE Pace Brick 1 Air Space 12 Sheetking Calv. Wall Tras 4°c/c ta. Sta Course 24 Jok -244 Sain Plate 2... 18"/C SYP sation (11) Grade 1-8° WITH', SIDING · TYPICAL 2 STORY.
WALL SECTION =15-0" fish Foo hell - Fle
rick 1 Air Space 12 Sheetking Calv. Wall Tras 4°c/c ta. Sta Course 24 Jok -244 Sain Plate 2... 18"/C SYP sation (11) Grade 1-8° WITH', SIDING · TYPICAL 2 STORY.
WALL SECTION =15-0" fish Foo hell - Fle I, ROBERT M. WILLIAMS, JR., a Licensed Professional Engineer, certify that the above is an.
accurate copy of a portion of the LIVE OAK SOUTH TOWNHOUSES Building Plans as filed with and approved by the City of Wilmington Building Inspector.
Personally appeared before me.
foregoing certificate is frue M. WILLIAMS, JR., who, being duly sworn, says that the Borrect NOTARY PUBLIC NEW HANOVER N. C.
COUNTY Notary Public Brenda B.
My Commission expires: d. 16, 1980 + Pine 311al Concrale bless Ca 1 Contrat Beth „Pier Footing WITH BRICK VENEER BOOK PAGE 1135 0504 BY-LAWS of LIVE OAK SOUTH TOWNHOUSES ASSOCIATION, INC.
A Non-Profit North Carolina Corporation ARTICLE I GENERAL Section 1. The Name: The name of the corporation shall be LIVE OAK SOUTH TOWNHOUSES, INC.
Section 2. The Principal Office: The principal office of the corporation shall be 709 Princess Street, Wilmington , N.C., or at such other place as may be subsequently designated by the Board of Directors .
ARTICLE II MEMBERSHIP Section 1. Definition: Each owner of a unit of Live Oak South Townhouses Condominium shall be a member of the corporation, and membership in the corporation shall be limited to owners of such condominium units.
Section 2. Transfer of Membership and Ownership: Membership in the corporation may be transferred only as an incident to the transfer of the transferor's condominium unit and his undivided interest in the common areas and facilities of the condominium, and such transfer shall be subject to the procedures set forth in the Condominium Documents .
ARTICLE III
ominium unit and his undivided interest in the common areas and facilities of the condominium, and such transfer shall be subject to the procedures set forth in the Condominium Documents .
ARTICLE III MEETINGS OF MEMBERSHIP Section 1. Place: All meetings of the corporate membership office of the corporation or such other place as notice.
shall be held at the may be stated in the Section 2.
held at Annual Meeting: A. The first annual meeting of members shall be Wilmington, North Carolina, within one year after July 12, 1978. Subsequent regular annual meetings shall be held on the same date of each year thereafter , if not a legal holiday, and if a legal holiday, then on the next secular day following unless otherwise determined by the Board .
B. All annual meeting shall be held at such hour as is determined by the Board.
C. 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.
D. Written notice of the annual meeting shall be delivered or mailed to each member entitled to vote thereat at such address as appears on the books of the corporation, at least ten (10) days prior to the meeting.
Section 3.
Membership List: At least ten (10) days before every election of Directors, a complete list of members entitled to vote at said election, arranged numerically by condominium units , with Such list shall residence of each, shall be prepared by the Secretary.
be produced and kept for said ten (10) days and throughout the election at the office of the corporation, and shall be open to examination by any member throughout such time.
-1BOOK PAGE 1135 0505 Section 4.
Special Meetings: A. Special Meeting of the members, for any purpose
office of the corporation, and shall be open to examination by any member throughout such time.
-1BOOK PAGE 1135 0505 Section 4.
Special Meetings: A. Special Meeting of the members, for any purpose or purposes unless otherwise prescribed by statute or by the Certificate of Incorporation, may be called by the Board or at the request, in writing, of one-third (1/3) of the members.
request shall state the purpose or purposes of the proposed meeting.
Such 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 five (5) days before such meeting.
C. Business transacted at all special meetings shall be confined to the objects stated in the notice therof, unless ninety (90%) percent of the members are present at such meeting in person or by proxy consent to the transaction of business not stated in the notice.
Section 5. Quorum: Over fifty (50%) percent 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 a quorum shall be present or represented, any business may be
without notice other than announcement at the meeting, until a quorum shall be present or represented. At such adjourned meeting at which a quorum shall be present or represented, any business may be transacted which might have been transacted at the meeting originally called.
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 Condominum Documents 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 shall be entitled to one (1) vote. At any meeting of the members, every member having the right Such proxy to vote shall be entitled to vote in person or by proxy.
shall only be valid for such meeting or subsequent adjourned meetings thereof. If more than one (1) person or entity own a unit, they shall file a certificate with the Secretary naming the person authorized to cast votes for said unit. If same is not on file , the vote of any co-wner present who is acceptable to other coowners present shall be Any legal entity which is an accepted as the vote of all co-owners.
owner shall have the right to membership in the Corporation.
Section 8. Waiver and Consent: Whenever the vote of members at a meeting is required or permitted by any provision of the statutes, the Condominium Documents, or these By-Laws to be taken in connection with any action of the corporation, the meeting and vote of members may
is required or permitted by any provision of the statutes, the Condominium Documents, or these By-Laws to be taken in connection with any action of the corporation, the meeting and vote of members may be dispensed with if all members who would have been entitled to vote upon the action of such meeting if such meeting were held shall consent in writing to such action being taken.
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