☐ 6 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BOLA DAGE PAGE 1242 0001 RECORDED AND VERIFIED REBECCA P. TUCKER REGISTER OF DEEDS NEW HANOVER CO. NO.
DEC 30 10 02 AH '83 DECLARATION CREATING UNIT OWNERSHIP OF PROPERTY UNDER THE PROVISIONS OF CHAPTER 47A OF THE GENERAL STATUTES OF NORTH CAROLINA OLEANDER COURT CONDOMINIUMS 1983, THIS DECLARATION, made this the 29th day of DECEMBER by NEW HANOVER HOUSING CORPORATION, a North Carolina corporation, with a place of business in the County of New Hanover and State of North Carolina, hereinafter referred to as "Declarant"; KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS, the Declarant is the owner of record of the fee simple title of certain real property in th County of New Hanover, State of North Carolina, which is more particularly described in Exhibit "A", attached hereto and made a part hereof by reference; and WHEREAS, the Demarant is the owner of seven multi-unit buildings and certain other improvements heretofore constructed upon the aforesaid property; and WHEREAS, it is the desire and the intention of the Declarant to market, sell and convey interest in the property and the improvements thereon as a condominium project pursuant to the provisions of Chapter 47A of the North Carolina General Statutes, entitled "Unit Ownership Act"; and WHEREAS, it is the desire and intention of the Declarant in the recordation of this DECLARATION in the Office of the Register of Deeds of New Hanover County, North Carolina to submit said condominium project to the provisions of the said Chapter 47A; NOW, THEREFORE, the Declarant does hereby declare that all of the real property described in Exhibit "A" attached hereto and made a part hereof by reference, as well as all of the improvements constructed
THEREFORE, the Declarant does hereby declare that all of the real property described in Exhibit "A" attached hereto and made a part hereof by reference, as well as all of the improvements constructed thereon, is held and shall be held, conveyed, hypothecated, encumbered, used, occupied, and improved subject to the following Articles of Covenants, Conditions, Restrictions, uses, limitations, and obligations, all of which are declared to be in furtherance of a plan for the improvement of said property and the division thereof into condominium units and shall be deemed to run with the land and shall be a burden and a benefit to the Declarant, its successors and assigns, and any person or entity acquiring or owning an interest in the real property and improvements, or any subdivision thereof, their grantees, successors, heirs, executors, administrators, devisees and assigns.
ARTICLE I Submission of Property Pursuant to the provisions of Chapter 47A of the North Carolina General Statutes, Section 47A-2, the Declarant does hereby submit all of the real property described in Exhibit "A", attached hereto and made a part hereof by reference, together with all improvements thereon and described herein, to the provisions of the "Unit Ownership Act" of the State of North Carolina, which is codified as Chapter 47A of the General Statutes of the State of North Carolina.
ARTICLE II Definitions For the purposes of this Declaration and the By-Laws of the Association, hereinafter defined, the following definitions for the terms used herein and therein shall apply unless otherwise defined by the context thereof.
BOOK PAGE 1242 0002 A. ACT shall mean and refer to the Unit Ownership Act, Chapter 47A of the North Carolina General Statutes, as such may be supplemented
ess otherwise defined by the context thereof.
BOOK PAGE 1242 0002 A. ACT shall mean and refer to the Unit Ownership Act, Chapter 47A of the North Carolina General Statutes, as such may be supplemented or amended from time to time.
$ B. ASSOCIATION shall mean and refer to THE OLEANDER COURT HOMEOWNER'S ASSOCIATION, INC., the mandatory association of all unit owners, as is more particularly described in Article VII hereinbelow.
C. ASSESSMENT shall mean and refer to a share of the funds required for the payment of the common expenses, hereinafter defined, of the Association which from time to time shall be levied or assessed against a unit owner by the Association, all as provided for hereinbelow.
D. BUILDINGS shall mean and refer to any one of the seven multi-unit buildings which are situated upon the real property described in Exhibit "A", to be used for residential purposes, as hereinafter provided.
Attached hereto and made a part hereof by reference is Exhibit "C" which consists of a full and exact copy of the plans for each of the buildings as well as a survey of the real property drawn by Jack G. Stocks, R.L.S., showing the location of the buildings thereon. Said buildings are more particularly described in the plans showing all particulars as required by law. In general, the buildings have two stories and no basements except for Buildings "D" and "F". Building "F" has a basement which contains laundry facilities for the joint use of all unit owners. Building "D* contains a basement which houses two boilers which provide heat and hot water for all seven buildings. The buildings are of a size and have been subdivided into condominium units as set forth on the following schedule: Unit Designation First Floor 1-A 2-A 5-A 6-A 9-A 10-A Building A Area Square Footage
The buildings are of a size and have been subdivided into condominium units as set forth on the following schedule: Unit Designation First Floor 1-A 2-A 5-A 6-A 9-A 10-A Building A Area Square Footage Total Area Square Footage First Floor, Building A Second Floor 3-A 4-A 7-A 8-A 11-A 12-A Total Area Square Footage Second Floor, Building A Building B First Floor 1-B 2-B I 5-B 6-B 9-B 10-B Total Area Square Footage First Floor, Building B 698 698 922 922 698 698 4,636 698 698 922 922 698 698 4,636 698 698 922 922 698 698 4,636 BOOK PAGE 1242 0003 Second Floor 3-B 4-B 7-B 8-B 11-B 12-B 698 698 922 922 698 698 Total Area Square Footage Second Floor, Building B 4,636 Building C First Floor 1-C 2-C 5-C 6-C 9-C 10-C 13-C 14-C Total Area Square Footage First Floor, Building C 698 698 698 I 721 677 698 698 698 5,586 Second Floor 3-C 4-C 7-C 8-C 11-C 12-C 15-C 16-C 698 698 698 721 677 698 698 698 Total Area Square Footage Second Floor, Building C 5,586 Building D First Floor 1-D 2-D 5-D 6-D 9-D 10-D 13-D 14-D Total Area Square Footage 698 698 698 721 677 698 698 698 First Floor, Building D 5,586 Second Floor 3-D 4-D 7-D 8-D 11-D 12-D 15-D 16-D 698 698 698 721 677 698 698 698 Total Area Square Footage Second Floor, Building D 5,586 - 3 BOOK PAGE 1242 0004 Building E 1-B 2-D 5-B 6-B 9-B 10-E 13-E 14-E 698 698 698 721 677 698 698 698 Total Area Square Footage First Floor, Building E 5,586 Second Floor 3-E 4-E 7-B 8-B 11-E 12-E 15-E 16-E 698 698 698 721 677 698 698 698 Total Area Square Footage Second Floor, Building E 5,586 Building F First Floor 1-F 2-F 5-F 6-F 9-F 10-F Total Area Square Footage 954 952 952 952 952 954 First Floor, Building F 5,716 Second Floor 3-F 4-F 7-F 8-F 11-F 12-F 954 952 952 952 952 954 Total Area Square Footage Second Floor, Building F 5,716 Building G
Square Footage 954 952 952 952 952 954 First Floor, Building F 5,716 Second Floor 3-F 4-F 7-F 8-F 11-F 12-F 954 952 952 952 952 954 Total Area Square Footage Second Floor, Building F 5,716 Building G First Floor 1-G 2-G 5-G 6-G 953 953 953 953 Total Area Square Footage First Floor, Building G 3,812 BOOK PAGE 1242 0005 Second Floor 3-G 4-G 7-G 8-G 953 953 953 953 Total Area Square Footage Second Floor, Building G 3,812 K. BOARD shall mean and refer to the Board of Directors of the Association and DIRECTOR shall mean and refer to a member of said Board.
F. BY-LAWS shall mean and refer to those By-Laws of the Association providing for the government of the Association as they are duly adopted and amended from time to time by the Association. A copy of the initial By-Laws are attached hereto as Exhibit "D" and made a part hereof by reference.
G. COMMON AREAS AND FACILITIES generally shall mean and refer to all of the real property, described on Exhibit "A" and all of the improvements and facilities thereon which are not units, as defined hereinafter, and which are not items of personal property owned, held, and maintained by unit owners. Without in any way limiting the generality of the foregoing, the common areas shall include, but not be limited to, the following: 1.
2.
3.
4.
5.
6.
All of the real property more particularly described in Exhibit "A" atached hereto, reference to which is hereby made for a more particular description thereof; All foundations, columns, girders, beams, supports, roofs, ventilation fans and vents, load bearing walls, including all exterior walls and all interior walls (except non-load bearing partition walls wholly within a unit) of the building; All stairways, stairwells and stairs and their components which give access to the units;
r walls and all interior walls (except non-load bearing partition walls wholly within a unit) of the building; All stairways, stairwells and stairs and their components which give access to the units; All yard and garden areas, parking and drive areas and sidewalks; All installations of and facilities, apparatus, conduits, and equipment for the provision of all utility services, including, but not limited to, all water and sewer service, electricity, heating, air conditioning, telephone, irrigation, trash disposal, if any, and cable TV, if any, supplied for the common use and convenience of the unit owners and which are not defined as part of the units, hereinbelow; All other portions of the real property and the improvements thereon which are not specifically part of the units themselves, as hereinafter defined, or owned by unit owners as personal property, shall be common areas and facilities intended for the common and necessary or convenient use and enjoyment, existence, maintenance or safety of the condominium project.
H. COMMON EXPENSES shall mean and refer to the total cost and expense incurred by the Association (as hereinafter provided) for the administration, maintenance, operation, enjoyment, safety, repair, and replacement (including a capital reserve for repair, maintenance and replacement) of the common areas and facilities as well as any other expense incurred by the Association pursuant to the fulfillment of its obligations and purposes as stated herein and labeled 88 common expenses. Common expenses is additionally intended to mean and refer to any expense incurred by the Association as shall be hereinafter agreed upon by the Association of unit owners as common expenses of the Association.
I. COMMON SURPLUS shall mean and refer to the balance of all
se incurred by the Association as shall be hereinafter agreed upon by the Association of unit owners as common expenses of the Association.
I. COMMON SURPLUS shall mean and refer to the balance of all revenues of the Association remaining after the deduction of the common expenses.
5 معا BOOK PAGE 1242 0006 3. CONDOMINIUM shall mean and refer to the entire proposed development to be known as OLEANDER COURT CONDOMINIUMS consisting of all of the real property and the buildings, all improvements and structures thereon and all easements, rights, and appurtenances belonging thereto, and all articles of personal property intended for common use in connection therewith, which are intended to be submitted to the provisions of the act by this Declaration, and the supplements and amendments hereto, as are provided for hereinbelow.
K. DECLARANT shall mean and refer to NEW HANOVER HOUSING CORPORATION, a N. C. corporation, its successors and assigns.
L. DECLARATION shall mean and refer to this instrument as it may from time to time be lawfully amended or supplemented.
M. MAJORITY or MAJORITY OF UNIT OWNERS shall mean and refer to the owners of fifty-one (51) percent of the aggregate interest in the common areas and facilities, as established by this Declaration hereinbelow, assembled at a duly called meeting of the unit owners.
N. PERSON shall mean and refer to an individual, corporation, partnership, association, trustee, or other legal entity.
0. REAL PROPERTY shall mean and refer to all of the real property described in Exhibit "A" attached hereto and made a part hereof.
P. SINGULAR, PLURAL GENDER whenever the context so permits the use of the plural shall include the singular, the singular shall include the
ribed in Exhibit "A" attached hereto and made a part hereof.
P. SINGULAR, PLURAL GENDER whenever the context so permits the use of the plural shall include the singular, the singular shall include the plural, and the use of any gender shall be deemed to include all genders.
UNIT or CONDOMINIUM UNIT shall mean and refer to any one of those 92 subdivisions of enclosed space within the seven buildings, together with any additional areas or spaces accompanying the same as defined hereinbelow, and which are intended to or will be sold as dwelling units pursuant to the Act and this Declaration. The deed for any particular unit shall convey such unit by its unit designation and the same shall be deemed to include all that is defined as a part of that unit as stated specifically in this definition, as well as the privileges and appurtenances accompanying any such unit and subject to the covenants, conditions, restrictions and obligations applicable to unit owners as all are more generally stated and described throughout this Declaration.
The 92 units of the buildings are and will be identified by their unit designation as set forth herein. These units and their designations are shown upon the plans of the building attached hereto in Exhibit "C" which also shown graphically all particulars of the building and its units, including, but not limited to, the layout, location, ceiling, and floor elevations, dimensions of the units and the area and location of the common areas and facilities. Reference is hereby made to said plans for the purpose of identifying and locating each unit within the building, as well as Identifying its dimensions, approximate areas, and number of rooms. No unit bears the same designation as any other. Any conflict between said
ng and locating each unit within the building, as well as Identifying its dimensions, approximate areas, and number of rooms. No unit bears the same designation as any other. Any conflict between said plans and this definition shall be resolved by reference to the said plans, which shall control.
All units, as well as the additional areas defined as part of each unit hereinbelow, are bounded both as to horizontal and vertical boundaries by the interior finished surface of the units' perimeter walls, ceilings, and floors, all of which are shown on said plans, subject to the easement reserved hereinbelow for such encroachments as are contained in the building whether the same now exist or may be caused or created by existing construction, settlement or movement of the building, or by permissible repairs, construction, or alteration.
Each unit is hereby defined also to include: 1. All non-load bearing partition walls located entirely within the unit; 2.
All materials, including, but not limited to, carpet, paint, and vinyl attached to, or on, the interior finished surfaces of the perimeter walls, floors, and ceilings of the unit; and all window 6 BOOK PAGE 3.
1242 0007 panes, frames, panes and exterior doors (including garage doors); All air handling and condensing units, ducts and components, and all water, power, telephone, television and cable television, electricity, plumbing, gas and sewage lines, located within the unit; provided, however, that the portion of said lines located within a common compartment for, or installation of, such Huna shall be common areas and facilities as defined hereinabove.
Each unit is hereby defined to exclude all pipes, ducts, wires, conduits and other facilities for the furnishing of utility services and other
ll be common areas and facilities as defined hereinabove.
Each unit is hereby defined to exclude all pipes, ducts, wires, conduits and other facilities for the furnishing of utility services and other services to the units up to and including the point of entry of such pipes, ducts, wires, conduits, and other facilities through the interior finished surface material for perimeter walls, ceilings and floors of the units. All such pipes, ducts, wires, conduits and other such facilities are defined as a part of the unit at and from their point of entry into the unit.
The definition stated hereinabove for "Unit" is complete and all other aspects of the condominium not hereinabove defined as a part of the units is defined hereby as a part of the common areas and facilities of the condominium.
The specifics of the buildings and the units are best described in the plans of the building which are shown in Exhibit "C" attached hereto and made a part hereof by reference and which shall control in case of conflict which the provisions hereof.
R. UNIT DESIGNATION shall mean and refer to the letter and number combination which designates a unit within the condominium as the same is shown upon the plans of the building in Exhibit "C" attached hereto.
S. UNIT OWNER shall mean and refer to a person, corporation, partnership, association, trust, other legal entity, or any combination thereof, in whose name or names the title to or an interest in the title to any unit is vested, excluding those who own or hold such title or interest under the terms of any mortgage or deed of trust or other similar instrument for the purposes of securing the payment of an indebtedness or the performance of an obligation.
ARTICLE III The Nature and Incidents of Unit Ownership
age or deed of trust or other similar instrument for the purposes of securing the payment of an indebtedness or the performance of an obligation.
ARTICLE III The Nature and Incidents of Unit Ownership A. Each unit shall be conveyed and treated as an individual real property capable of independent use and fee simple ownership, and the owner of each unit shall also own, as an appurtenance to the ownership of each said unit, an undivided interest in the common areas and facilities.
The undivided interest in the common areas and facilities appurtenant to each of the units is hereby established as follows: First Floor 1-A 2-A 5-A 6-A 9-A 10-A Second Floor 3-A 4-A 7-A 8-A 11-A 12-A Building 1 % 1 1.3 % 1.3 % 1 1 من دين من من من من 1.3 % +1 1.3 % BOOK PAGE 1242 0008 First Floor Building B 1-B 2-B 5-B 6-B 9-B 10-B Second Floor 3-B 4-B 7-B 8-B 11-B 12-B First Floor 1-C 2-C 5-C 6-C 9-C 10-C 13-C 14-C Second Floor 3-C 4-C 7-C 8-C 11-C 12-C 15-C 16-C Building C 1 1 1.3 % 1.3 1 Building D First Floor 1-D 2-D 9-D 10-D 13-D 14-D Second Floor 3-D 4-D 7-D 8-D 11-D 12-D 15-D 16-D 8 1.3 % 1.3 % H 1 1 1 1 1 1 1 1 % 1 1 1 1 1 1 1 1 1 dip op de op de op of op * 8 1 1 1 1 1 용 op op op of opopopop BOOK PAGE 1242 0009 First Floor 1-E 2-E 5-E 6-B 9-B 10-E 13-E 14-B Second Floor Building E 3-E 4-B 7-E 8-B 11-B 12-E 15-E 16-E Building F First Floor 1-F 2-F 5-F 6-F 9-F 10-F Second Floor 1 1 1 દ 1 111 1 1.3 % 1.3 % 1.3 % 1.3 % 1.3 % 1.3 % 3-F 1.3 % 4-F 1.3 % 7-F 1.3 % 8-F 1.3 % 11-F 1.3 % 12-F 1.3 % Building G First Floor 1-G 2-G 5-G 6-G 1.3 % 1.3 % 1.3 % 1.3 % Second Floor 3-G 4-G 7-G 8-G 1.3 % 1.3 % 1.3 % 1.3 % B.
(The proportional interest in the common areas and
-F 1.3 % 11-F 1.3 % 12-F 1.3 % Building G First Floor 1-G 2-G 5-G 6-G 1.3 % 1.3 % 1.3 % 1.3 % Second Floor 3-G 4-G 7-G 8-G 1.3 % 1.3 % 1.3 % 1.3 % B.
(The proportional interest in the common areas and facilities that is appurtenant to each unit has been determined in a manner consistent with the Act).
No unit may be divided or subdivided into a smaller unit or units than as shown on Exhibit "C" hereto, nor shall any unit or portion The undivided thereof be added to or incorporated into any other unit.
interest in the common areas and facilities declared to be an appurtenance to each unit shall not be conveyed, devised, encumbered, or otherwise dealt with separately from said unit, and the undivided interest in common areas and facilities appurtenant to each unit shall be deemed conveyed, devised, encumbered, or otherwise included with the unit even though such undivided interest is not expressly mentioned or described in the instrument conveying, devising, encumbering or otherwise dealing with such unit. Any conveyance, mortgage or other instrument which - 9 ל BOOK 1242 PAGE 0010 purports to grant any right, interest, or lien in, to or upon a unit, shall be null, void and of no effect insofar as the same purports to affect any interest in a unit and its appurtenant undivided interest in common areas and facilities, unless the same purports to convey, devise, encumber, or otherwise trade or deal with the entire unit. Any instrument conveying, devising, encumbering, or otherwise dealing with any unit, which describes said unit by the letter/numerical designation assigned thereto in Exhibit "C" without limitation or exception shall be deemed and construed to affect the entire unit and its appurtenant undivided interest in the
y the letter/numerical designation assigned thereto in Exhibit "C" without limitation or exception shall be deemed and construed to affect the entire unit and its appurtenant undivided interest in the common areas and facilities. Nothing herein contained shall be construed as limiting or preventing ownership of any unit and its appurtenant undivided interest in the common areas and facilities by more than one person or entity as tenants in common, joint tenants or as tenants by the entirety.
c. The common areas and facilities shall be and the same are hereby declared to be subject to a perpetual non-exclusive easement in favor of all of the owners of units for their use and the use of their immediate families, guests or invitees, for all proper and normal purposes, and for the furnishing of services and facilities for which the same are reasonably extended, for the enjoyment of said owners of units.
Notwithstanding anything above provided in this Article, the Association.
shall have the exclusive right to establish the rules and regulations pursuant to which the owner of any unit, his family, guests and invitees, may be entitled to use the common areas, and facilities, including the right to make permanent and temporary assignments of parking spaces, and to establish regulations concerning the use thereof and to establish rules and regulations concerning the use of any recreational area.
D. Recognizing that the proper use of a unit by an owner or owners is dependent upon the use and enjoyment of the common areas and facilities in common with the owners of all other units, and that it is in the interest of all owners that the ownership of the common areas and facilities be retained in common by the owners, it is hereby declared that
n with the owners of all other units, and that it is in the interest of all owners that the ownership of the common areas and facilities be retained in common by the owners, it is hereby declared that the proportional undivided interest in the common areas and facilities appurtenant to each unit shall remain undivided and no unit owner shall bring or have any right to bring any action for partition or division.
ARTICLE IV Use Restrictions A. Each unit is hereby restricted to single-family residential use by the owner thereof, his immediate family, guests, invitees and lessees. No owner of any unit shall permit the use of his unit for transient hotel or commercial purposes.
B. No immoral, improper, offensive, or unlawful use shall be made of any unit or of the common areas and facilities, nor any part thereof, and all laws, zoning ordinances and regulations of all governmental authorities having jurisdiction of the unit shall be observed. No owner of any unit shall permit or suffer anything to be done or kept in his unit or on the common areas and facilities which will increase the rate of insurance on the unit, or which will obstruct or interfere with the rights of other occupants of the other units or annoy them by unreasonable noises, nor shall any owner undertake any use or practice which shall create and constitute a nuisance to any other owner of a unit, or which interferes with the peaceful possession and proper use of any other unit or the common areas and facilities.
C. The use of the common areas and facilities by the owner or owners of all units, and all other parties authorized to use the same, shall be at all times, subject to such reasonable rules and regulations as may be prescribed and established governing such use, or which may be
nits, and all other parties authorized to use the same, shall be at all times, subject to such reasonable rules and regulations as may be prescribed and established governing such use, or which may be hereafter prescribed and established by the Association.
D. No owner of a unit shall permit any structural modification or alteration to be made to such unit without first obtaining the written consent of the Association, which consent may be withheld in the event that a majority of the Board of Directors of the Association shall determine, in their sole discretion, that such structural modifications or alterations would adversely affect or in any manner endanger the 10BOOK PAGE 1242 0011 condominium in part or in its entirety. No owner shall cause any improvements or changes to be made on the exterior of the condominium (including painting or other decoration, or the installation of electrical wiring, television or radio antennae or any other objects, machines or air conditioning units which may protrude through the walls or roof of the condominium) or in any manner alter the appearance of the exterior portion of any building without the written consent of the Association being first had and obtained. No unit owner shall cause any object to be fixed to the common areas and facilities (including the location construction of fences and the planting or growning of flowers, trees, shrubs, or any other vegetation) or in any manner change the appearance of the common areas and facilities without the written consent of the Association being first had and obtained.
or E. So long as the Declarant shall retain ownership of any units, it may utilize any such unit or units for sales offices, models or other useage for the purpose of selling units within said project.
The
So long as the Declarant shall retain ownership of any units, it may utilize any such unit or units for sales offices, models or other useage for the purpose of selling units within said project.
The Declarant may assign this limited commercial useage right to any other person or entities as it may choose; provided, however, that when all units have been sold, this right of commercial useage by the Declarant, its successors and assigns, shall immediately cease.
F. The use of the condominium may be further restricted under the By-Laws of the Association, or its Rules and Regulations.
ARTICLE V Easements In addition to easements and rights established and/or reserved elsewhere in this Declaration, the following easements and rights are hereby established as covenants and burdens running with the real property and the improvements thereon.
A. In case of any emergency originating in or threatening any unit, regardless of whether the owner is present at the time of such emergency, the Board of Directors of the Association, or any other person authorized by it, or the managing agent, shall have the right to enter such unit for the purpose of remedying or abating the cause of such emergency, and such right of entry shall be immediate.
B.
Each unit owner shall have an easement in common with the other owners of all other units to use and/or install all pipes, wires, ducts, cables, conduits, public utility lines and other common facilities located in any of the other units and serving his unit. Each unit shall be subject to an easement in favor of the owners of all other units to use and/or install any pipes, ducts, cables, wires, conduits, public utility lines and other common facilities needed to serve such other units and
asement in favor of the owners of all other units to use and/or install any pipes, ducts, cables, wires, conduits, public utility lines and other common facilities needed to serve such other units and located in such unit. The Board of Directors of the Association or their designee shall have the right of access to each unit to inspect the same, to remove violations therefrom and to maintain, repair, or replace the common facilities contained therein or elsewhere in the building.
C. The initial and subsequent Foards may grant or assume easements, leases or licenses for utility purposes for the benefit of the condominium, including the right to install, lay, maintain, repair and replace water lines, pipes, sewer lines, gas mains, telephone and television wires and equipment and electrical conduits and wires over, under, along and on any portion of the units and/or common areas and facilities and limited common areas and facilities, and each unit owner hereby grants to the Board or its designee, the irrevocable power of attorney to execute, acknowledge, and record for or in the name of the Association or each unit owner such instruments as may be necessary to effectuate the foregoing.
D. 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 such portions of the common areas and facilities as from time to time may be paved and intended for such purposes, for all unit owners for their guests, families, invitees, lessees, the Association, the Declarant, its successors and assigns.
60349 11 BOOK PAGE 1242 0012 E. In the event that any unit shall encroach upon any of the
s for their guests, families, invitees, lessees, the Association, the Declarant, its successors and assigns.
60349 11 BOOK PAGE 1242 0012 E. In the event that any unit shall encroach upon any of the common areas and facilities, or any other unit or units, for any reasons not caused by the purposeful or negligent act of the unit owner, or agents of such owner, then an easement appurtenant to such unit shall exist for the continuance of such encroachment upon the common areas and facilities or upon a unit for so long as such encroachment shall naturally exist, and in the event that any portion of the common areas and facilities shall encroach upon any unit, then an easement shall exist for the continuance of such encroachment of the common areas and facilities upon any unit for so long as such encroachment shall naturally exist. If any unit or common areas and facilities shall be partially or totally destroyed as a result of fire or other casualty, or as a result of condemnation or eminent domain proceedings, and if upon reconstruction of such unit and/or common areas, and facilities, in accordance with this Declaration, there exist encroachments of portions of the common areas and facilities upon any unit, or of any unit upon any other unit or upon any portion of the common areas and facilities, then such encroachments shall be permitted and a valid easement for the maintenance thereof shall exist so long as such encroachment shall naturally remain.
ARTICLE VI The Association To efficiently and effectively provide for the administration and maintenance of OLEANDER COURT CONDOMINIUMS by the unit owners, a nonprofit North Carolina corporation known and designated as OLEANDER COURT HOMEOWNERS ASSOCIATION, INC., (hereinafter the "Association
maintenance of OLEANDER COURT CONDOMINIUMS by the unit owners, a nonprofit North Carolina corporation known and designated as OLEANDER COURT HOMEOWNERS ASSOCIATION, INC., (hereinafter the "Association "), has been organized, a true copy of its Articles of Incorporation having been recorded in Book at Page in the Office of the Register of Deeds of New Hanover County, North Carolina, and the provisions thereof are incorporated herein by reference. The Association shall administer the operation and management of the condominium and shall undertake and perform all acts and duties incident thereto in accordance with the terms of its Articles of Incorporation and its duly adopted By-Laws. A true copy of the original By-Laws are attached hereto as Exhibit "B" and expressly made a part hereof by reference.
A. Declarant Control: Until December 31, 1984, or until such time as the first unit is deeded to a homeowner, whichever occurs first, the Board of Directors of the Association shall consist of those three (3) individuals appointed by the Declarant to the initial Board of Directors of the Association as stated in its Articles of Incorporation, or their successors or replacements, as provided for in the duly adopted By-Laws of the Association. Until said date, said Board shall exclusively be responsible for the total operation and management of the Association, exercising all powers, duties, and obligations thereof, free from interference or control by any and all unit owners; provided, however, that said Board shall manage and operate the Association in a manner consonant with the terms and conditions of this Declaration, any and all supplements or amendments hereto, the Association's Articles of Incorporation and its duly adopted
the Association in a manner consonant with the terms and conditions of this Declaration, any and all supplements or amendments hereto, the Association's Articles of Incorporation and its duly adopted By-Laws; provided, further, however, that the Declarant may by written notice to each unit owner at any time prior to the above-referenced date manifest its intention to cause the resignation of said Board of Directors at which time the initial meeting of the membership of the Association shall be called for the purpose of the election of a new Board of Directors of the Association from the membership thereof, who shall then become responsible for the operation and management of the Association.
B. Membership and Voting Rights: Membership and voting rights in the Association shall be as provided in Article VI of its Articles of Incorporation referred to and incorporated herein as stated hereinabove.
C. Powers: The Association shall have all powers granted to it as stated in Article V of said Articles of Incorporation.
D. Common Expenses: The common expenses of the Association shall be borne by the unit owners in the same proportions that the undivided interest in the common areas and facilities appurtenant to each owner's unit bears to the total of all undivided interests in the common - 12 BOOK PAGE 1242 0013 areas and facilities appurtenant to all units, and as assessment against the unit owners and their units as provided for hereinbelow.
E. Management and Maintenance: 1.
The Association, as a common expense, shall be responsible for the maintenance, repair and replacement of all of the common areas and facilities, including those portions thereof which contribute to the support of the building or buildings, and all conduits, ducts, plumbing, wiring, and other
placement of all of the common areas and facilities, including those portions thereof which contribute to the support of the building or buildings, and all conduits, ducts, plumbing, wiring, and other facilities located in the common areas and facilities for the furnishing of heat, utilities and other services to the units and said common areas and facilities, and should any incidental damage be caused to any unit by virtue of any work which may be done or caused to be done by the Association in the maintenance, repair, or replacement of any common areas and facilities, the Association shall, at its expense, repair such Incidental damage.
Whenever the maintenance, repair, and replacement of any item for which the Association is obligated to maintain, replace or repair at its expense is occasioned by any act of a unit owner, his immediate family, guests, or invitees, and such loss or damage may be covered by any insurance maintained in force by the Association, the proceeds of the insurance received by the Association shall be used for the purpose of making such maintenance, repair, or replacement, except that the unit owner who is responsible for the act causing the damage (whether done by himself or by his family, guests, or invitees) shall be required to pay such portion of the cost of such maintenance, repair, and replacement as shall, by reason of the applicability of any deductibility provision of such insurance, exceed the amount of the insurance proceeds applicable to such maintenance, repair, ог replacement.
2. The Association shall have the right to make or cause to be made such alterations or improvements to the common areas and facilities which do rot prejudice the rights of the owner of any unit in the use and enjoyment of his unit, provided the making
ause to be made such alterations or improvements to the common areas and facilities which do rot prejudice the rights of the owner of any unit in the use and enjoyment of his unit, provided the making of such alterations and improvements are approved by the Board of Directors of the Association, and the cost of such alterations or improvements shall be common expenses to be assessed and collected from all of the owners of units. However, where any alterations and improvements are exclusively or substantially for the benefit of the owner or owners of a certain unit or units requesting the same, then the cost of such alterations or improvements shall be assessed against and collected solely from the owner ΟΙ owners of the unit or units exclusively or substantially benefited, the assessment to be levied in such proportion as may be determined by the Board of Directors of the Association.
3. The Association may enter into a contract with a management company or manager for the purposes of providing all elements of the operation, care, supervision, maintenance, and management of the property. All the powers and duties of the Association necessary or convenient for such maintenance and management may be delegated to and vested in the manager by the Board of Directors, except such as are specifically required by this Declaration, the By-Laws, or the Unit Ownership Act, to have the approval of the Board of Directors or the Association.
The manager is hereby further $24325 13 4.
L BOOK PAGE 1242 0014authorized to recommend the annual budget, and, upon approval thereof by the Board of Directors, make assessments for common expenses, and collect such assessments as provided in this Declaration and the By-Laws, subject always to the supervision and
on approval thereof by the Board of Directors, make assessments for common expenses, and collect such assessments as provided in this Declaration and the By-Laws, subject always to the supervision and right of approval of the Board of Directors.
Unit Owners Maintenance: Every owner shall perform promptly all maintenance and repair work within his unit which, if omitted, would affect the condominium, either in its entirety or in a part belonging to other owners; every owner being expressly responsible for the damages and Hability which his failure to do so may engender.
The owner of each unit shall be liable and responsible for the maintenance, repair, and replacement, as the саве may be, of all air conditioning and heating equipment, stoves, refrigerators, fans, or other appliances or equipment, including any fixtures and/or their connections required to provide water, light, power, telephone, sewage and sanitary service to his unit.
Such owner shall further be responsible and liable for the maintenance, repair and replacement of the surfaces of any and all walls, ceilings, and floors which are a part of his unit, including painting, decorating, and furnishings, and all other accessories which such owner may desire to place or maintain in his unit. Whenever the maintenance, repair, and replacement of any item for which the owner of a unit is obligated to maintain, replace or repair at his own expense is occasioned by any loss or damage which may be covered by any insurance maintained in force by the Association, the proceeds of the insurance received by the Association shall be used for the purpose of making such maintenance, repair or replacement except that the owner of such unit shall be, in said instance, required to pay such
nsurance received by the Association shall be used for the purpose of making such maintenance, repair or replacement except that the owner of such unit shall be, in said instance, required to pay such portion of the costs of such maintenance, repair and replacement as shall, by reason of the applicability of any deductibility provision of such insurance, exceed the amount of the insurance proceeds applicable to such maintenance, repair or replacement. All glass doors, window frames, panes and screens are a part of the respective units and shall be maintained by the respective unit owners.
All parts of a unit shall be kept in good condition and repair by and at the expense of the owner.
The unit shall be maintained by the owner in a clean and safe condition, free of nuisance. Each unit owner will promptly comply with any requirements of the insurance underwriters of the insurance for the common areas and facilities when so requested in writing by the Board or its designated agent. Any failure of an owner to repair, maintain or replace as may be required pursuant to this Declaration, or a determination by the Board or its designated agent that such failure will endanger or impair the value of the common areas and facilities or any unit may be, upon written notice to the owner of the nature of the required repair, maintenance, or replacement, repaired or replaced by the Association at the expense of the unit owner to be collected by special assessment as provided herein and in the By-Laws.
Such assessment may include the cost to the Association incurred in the abatement of any nuisance maintained by the unit owner therein.
- 14 کرنا 5.
BOOK PAGE 1242 0015 Limitation of Liability: Notwithstanding the duty of the Association to maintain and repair parts of the
tement of any nuisance maintained by the unit owner therein.
- 14 کرنا 5.
BOOK PAGE 1242 0015 Limitation of Liability: Notwithstanding the duty of the Association to maintain and repair parts of the condominium property, the Association shall not be Hable to unit owners for injury or damage by any latent condition of the property to be maintained and repaired by the Association, or caused by the elements or other owners or persons.
F.
Insurance: 1.
Acquisition: 2.
3.
4.
the Insurance policies upon condominium (other than title insurance) shall be purchased by the Association in the name of the Board of Directors of the Association, as Trustee for the unit owners and their respective mortgagees as their interest may appear, and shall provide for the issuance of certificates or mortgagee endorsements to the holders of first mortgages on the units or any of them, and if the companies writing such policies will agree, the policies shall provide that the insurer waives its rights of subrogation as to any claims against unit owners, the Association and their respective servants, agents, and guests. Each unit owner may obtain insurance, at his own expense, affording coverage upon his unit, his personal property and for his personal liability and as may be permitted or required by law, but all such insurance shall contain the same waivers of subrogation as that referred to above if the same is available.
Coverage: All buildings and improvements upon the land and all personal property included in the common areas and facilities shall be insured in an amount equal to the maximum insurable replacement value, excluding foundation and excavation costs, or by ninety (90) percent co-insurance coverage or by such other form of policy as the Board of Directors
t equal to the maximum insurable replacement value, excluding foundation and excavation costs, or by ninety (90) percent co-insurance coverage or by such other form of policy as the Board of Directors annually determines will most reasonably provide the funds necessary to repair or reconstruct the insured improvements. Such coverage shall afford protection against (a) loss or damage by fire and other hazards covered by a standard extended coverage endorsement, and (b) such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location and use as the buildings on the real property, including, but not limited to, vandalism and malicious mischief.
Public Liability Insurance: Public liability insurance shall be secured by the Association in such amount and with such coverage 88 shall be deemed necessary by the Board of Directors, including but not limited to, an endorsement to cover liability of the unit owners 89 a group or of a single unit owner. There shall also be obtained such other insurance coverage as the Board of Directors or manager shall determine from time to time to be desirable or necessary.
Premiums: Fremiums upon insurance policies purchased by the Association shall be paid by the Association and chargeable to the Association as a common expense.
5. Proceeds: All insurance policies purchased by the Association shall be for the benefit of the Association and the unit owners and their mortgagees as their interests may appear, and shall provide that all proceeds thereof shall be payable to the Association as insurance trustee under this Declaration. The Board of Directors of the Association is hereby irrevocably appointed agent for each unit owner and - 15 -