Book 6624 Page 1769 BK: RB 6624 RECORDED: 03/01/2023 08:40:36 AM BY: ANGELA ENGLISH DEPUTY 2023004717 NEW HANOVER COUNTY, MORGHAN GETTY COLLINS REGISTER OF DEEDS NC FEE $54.00 EXTX $0.00 ELECTRONICALLY RECORDED STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS DECLARATION, made the 78th DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PEIFFER ESTATES day of February, 2023, by SAND PEDDLER PROPERTIES, LLC, a North Carolina limited liability company (hereinafter referred to as "Declarant"); WHEREAS, Declarant is the owner of certain property in New Hanover County, North Carolina, which is more particularly described as follows; See Exhibit "A" attached hereto and incorporated herein by reference.
AND, WHEREAS, Declarant desires to provide for a uniform development of said property so as to preserve its value and to protect the present and future owners thereof.
NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I DEFINITIONS Section 1. Association and HOA shall be used interchangeably to mean and refer to Peiffer Estates Homeowners Association, Inc., a private, non-profit corporation formed or to be formed by the developer primarily as a Homeowners Association for the Lot owners in Peiffer Estates, all of
ffer Estates Homeowners Association, Inc., a private, non-profit corporation formed or to be formed by the developer primarily as a Homeowners Association for the Lot owners in Peiffer Estates, all of whom shall be members of the Association. Bylaws of the Association are attached as Exhibit "B".
Section 2. Common Area shall mean all real property owned by the Association for the PREPARED BY SIEGEL & RHODENHISER 1 RETURN TO SIEGEL & RHODENHISER Submitted electronically by "Siegel & Rhodenhiser" in compliance with North carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds.
Book 6624 Page 1770 common use and enjoyment of the Owners, including but not limited to the private access easement and sewer main. The Common Area to be owned by the Association at the time of the conveyance of the first Lot as described as follows: All real property of the development excluding that which is directly beneath each individual Lot.
Section 3. Declarant shall mean and refer to SAND PEDDLER PROPERTIES, LLC and their successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. The address of the Declarant is 207 Cypress Avenue, Wrightsville Beach, NC 28480.
Section 4. Period of Declarant Control. Means the period commencing on the date hereof and continuing until the earlier of (a) one hundred twenty (120) days after the conveyance of onehundred percent (100%) of the lots (including any lots which may be created pursuant to special Declarant rights) to a lot owner other than Declarant; (b) the date upon which Declarant voluntarily surrenders control of the development to the Lot Owners.
s which may be created pursuant to special Declarant rights) to a lot owner other than Declarant; (b) the date upon which Declarant voluntarily surrenders control of the development to the Lot Owners.
Section 5. Lot shall mean and refer to those four lots specifically allocated, platted and/or recorded as one of the four (4) Lots for sale and/or use as single family residences recorded as Lot 8-1, Lot 8-2, Lot 8-3R, and Lot 8-4R in Map Book 71, Page 131 in the New Hanover County Registry.
Section 6. Owner shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Each Lot owner shall also be a member of the Association.
Section 7. Properties shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
ARTICLE II PROPERTY RIGHTS Section 1. OWNERS' EASEMENTS OF ENJOYMENT. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: a. The right of Association to limit the number of guests of members; b. The rights of the Association to suspend the voting rights of an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 2 Book 6624 Page 1771 sixty (60) days for any infraction of its published rules and regulations; c. The right of the Association to dedicate or transfer all or part of the Common Area to any
to exceed 2 Book 6624 Page 1771 sixty (60) days for any infraction of its published rules and regulations; c. The right of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless any instrument signed by two-thirds (2/3) of the members agreeing to such dedication or transfer has been recorded; d. The right of the Association to impose regulations for the use and enjoyment of the Common Area and improvements thereon, which regulations may further restrict the use of the Common Area.
Section 2. DELEGATION OF USE. Every Owner may delegate, in accordance with the ByLaws, his right of enjoyment to the Common Area or facilities to the member of his family, his tenants, or contract purchasers who reside on the property.
ARTICLE III EASEMENTS Section 1. Easements are reserved as necessary in the Common Areas for installation and maintenance of underground utilities and drainage facilities.
Section 2. The Association, acting through its officers, agents, servants, and/or employees shall have the right of unobstructed access at all reasonable times to all properties as may be reasonably necessary to perform any exterior maintenance to be done.
Section 3. Each Lot and all common areas and facilities are hereby subjected to an easement for the landscaping, repair, maintenance, inspection, removal or other service of or to all electricity, television, telephone, water, sewer, utility, or other common areas and facilities, whether or not the cause of any or all of those activities originates on the Lot in which the work must be performed.
elevision, telephone, water, sewer, utility, or other common areas and facilities, whether or not the cause of any or all of those activities originates on the Lot in which the work must be performed.
Section 4. 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 private access: easement; and, for vehicular traffic over, through and across the private access easement as from time to time may be paved and intended for such purposes, for all Lot owners in Peiffer Estates, their guests, families, invitees and lessees, the Association, the Declarant, its successors and assigns.
Section 5. An easement is hereby granted to all police, fire protection, ambulance, and all similar persons, companies or agencies performing emergency services to enter upon the Lots and common areas in performance of their duties.
Section 6. In case of any emergency originating in or threatening any Lot or other structure 3 Book 6624 Page 1772 or the common areas and facilities, regardless whether the Lot owner is present at the time of such emergency, the Board of Directors or any other person authorized by it, shall have the right to enter any Lot for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the Lot owners, and such right of entry shall be immediate.
Section 7. All easements and rights described herein are easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the undersigned, its successors and assigns, and any owner, purchaser, mortgagee and other person having any interest in said land, or
ith the land, and shall inure to the benefit of and be binding on the undersigned, its successors and assigns, and any owner, purchaser, mortgagee and other person having any interest in said land, or any part or portion thereof, regardless of whether or not reference to said easement is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence or obligation, to the easements and rights described in this Declaration.
Section 8. The Declarant reserves the right to subject the real property in this subdivision to a contract with electric utility provider for the installation of street lighting, which contract requires or will require a continuing monthly payment to an electric utility provider for each residential customer for street lighting service.
Section 9. Declarant reserves the right to subject additional properties to the terms and provisions of these Protective Covenants. The property which may be made subject to the terms and provisions of these Protective Covenants may include additional adjacent properties thereto (adjacent being defined as inclusive of properties across a right of way or water body). All or any part of such property may be subjected hereto; such property may be subjected hereto in one or more phases. However, to the extent that any portion of such property has not been subjected to the terms and provisions of these Protective Covenants by recordation of an amendment to these Protective Covenants in the Office of the Register of Deeds of New Hanover County Registries, which amendment specifically exercises such right, on or before December 31, 2023, this right shall terminate. Lots made subject to the terms and provisions of these Protective Covenants by
egistries, which amendment specifically exercises such right, on or before December 31, 2023, this right shall terminate. Lots made subject to the terms and provisions of these Protective Covenants by amendment shall be liable for payment of dues as specified in such amendment; but in no event shall dues by payable later than the conveyance by Declarant of any lot within a given phase or section to a third party. The Declarant has the right to add additional properties to use the amenities package and common areas.
ARTICLE IV MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Each Lot Owner 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 among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot.
ARTICLE V 4 Book 6624 Page 1773 COVENANTS FOR ASSESSMENTS Section 1. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENT. The Declarant, for each Lot owned within the Properties, hereby covenants, and each owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: a. Annual assessments or charges, if any, with each Lot owner being responsible for paying said lot's pro rata portion of the operating expenses for common areas and facilities; and b. Special assessments for maintenance, repair, and operating expenses for common areas
esponsible for paying said lot's pro rata portion of the operating expenses for common areas and facilities; and b. Special assessments for maintenance, repair, and operating expenses for common areas and facilities and capital improvements, including specifically the access easement and sewer main, such assessments to be established and collected as hereinafter provided; and The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.. The personal obligation for delinquent assessments shall pass to the obligor's successors in title.
Section 2. PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvements and maintenance of the Common Area, including specifically the private access easement and sewer main, and the payment of any taxes due on any common areas.
Section 3. MONTHLY ASSESSMENT. The monthly assessment for maintaining the maintaining the Properties will be N/A Declarant intends for all maintenance and assessments to be addressed by Special Assessments.
Section 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to the year only for the purpose of defraying, in whole or in part, the
on to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of the private access easement or sewer main or a capital improvement upon the Common area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of the Lot Owners who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER 5 Book 6624 Page 1774 SECTIONS 3 AND 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At any such meeting called, the presence of members or of proxies entitled to cast fifty percent (50%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present at any such meeting, the members entitled to vote shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 6. UNIFORM RATE OF ASSESSMENT. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
Section 7. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS AND DUE DATES. The annual assessments provided for herein shall commence as to all Lots on the first day
and may be collected on a monthly basis.
Section 7. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS AND DUE DATES. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Lot by Declarant to a purchaser for value, except that annual assessments shall not commence for any Lot until a certificate of occupancy has been issued for such Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount to the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors and the Board of Directors shall have the authority to require the assessments to be paid in pro rata monthly installments. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.
Section 8. EFFECT OF NONPAYMENT OF ASSESSMENTS AND REMEDIES OF THE ASSOCIATION. Any assessment not paid within thirty (30) days after the due date shall bear interest form the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 9. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the
waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 9. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
Section 10. WORKING CAPITAL ASSESSMENT. At the time title to a Lot is conveyed to any owner, each owner shall contribute to the Association as a working capital reserve an amount 6 Book 6624 Page 1775 determined each year at the annual meeting of the Association. Such funds shall be used solely for initial operating and capital expenses of the Association, such as pre-paid insurance, supplies and for the common areas and facilities, furnishings and equipment, etc. Amounts paid into the working capital fund are not to be considered as advance payment of regular assessments. Any working capital funds remaining at the end of the first full operating year shall be transferred to and become part of the general funds of the Association, at the discretion of the Board of Directors.
ARTICLE VI FIDELITY BONDS Section 1. GENERAL. The Association shall maintain blanket fidelity bonds for all officers, directors, employees and all other persons handling or responsible for funds of the Association. If the Association shall delegate some or all the responsibility for the handling of its
all officers, directors, employees and all other persons handling or responsible for funds of the Association. If the Association shall delegate some or all the responsibility for the handling of its funds to a management agent, such fidelity bonds shall be maintained by such management agent for its officers, employees and agents handling or responsible for funds of or administered on behalf of the Association.
Section 2. AMOUNT OF COVERAGE. The total amount of fidelity bond coverage required shall be based upon best business judgment and shall not be less than the estimated maximum of funds, including reserve funds, in the custody of the Association or the management agent, as the case may be, at any given time during the term of each bond. However, in no event may the aggregate amount of such bonds be less than a sum equal to three months aggregate assessments on all Lots plus reserve funds.
Section 3. OTHER REQUIREMENTS. Fidelity bonds required herein must meet the following requirements: a. Fidelity bonds shall name the Association as an obligee.
b. The bonds shall contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons servings without compensation from the definition of "employees", or similar terms or expressions.
c. The premiums on all bonds required herein for the Association (except for premiums on fidelity bonds maintained by a management agent for its officers, employees and agents) shall be paid by the Association as a common expense.
d. The bonds shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least a ten (10) day prior written notice to the Association, to any insurance trustee and each eligible mortgage holder.
ARTICLE VII
fied (including cancellation for nonpayment of premium) without at least a ten (10) day prior written notice to the Association, to any insurance trustee and each eligible mortgage holder.
ARTICLE VII ARCHITECTURAL CONTROL 7 Book 6624 Page 1776 Section 1. No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, heights, color, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by a majority of the Board of Directors of the Association or an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.
Section 2. No house plans will be approved unless the proposed house shall have a minimum of 1500 square feet of enclosed heated dwelling area. The term "enclosed heated dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling; provided, however, that such term does not included garages, terraces, decks, open porches, and like areas; provided, further, that shed type porches, even though attached to the house are specifically excluded from the definition of the aforesaid term "enclosed dwelling area".
open porches, and like areas; provided, further, that shed type porches, even though attached to the house are specifically excluded from the definition of the aforesaid term "enclosed dwelling area".
Section 3. The building setbacks will be designated on the recorded plat for the subdivision.
In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any Lot shall be controlled by and must be approved absolutely by the architectural control committee, taking into consideration the existing trees.
Section 4. The exterior of all houses and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder, due to strikes, fires, national emergency or natural calamities. During construction each Lot must be cleared of all unnecessary debris at least once a week.
Section 5. No structure, except as hereinafter provided, shall be erected, altered, placed or permitted to remain on any Lot other than a single family dwelling, provided the use of such dwelling or accessory building does not in the opinion of the architectural control committee overcrowd the site, and provided further, that such buildings are not used for any activity normally conducted as a business.
Section 6. Service utilities, fuel tanks, clothes lines, wood piles and trash and garbage accumulations are to be enclosed within the Lot so as to preclude the same from causing an unsightly view from any highway, street or way within the subdivision, or from any other residence within the subdivision.
are to be enclosed within the Lot so as to preclude the same from causing an unsightly view from any highway, street or way within the subdivision, or from any other residence within the subdivision.
Section 7. Off street parking for not less than two (2) passenger automobiles must be 8 Book 6624 Page 1777 provided on each Lot prior to the occupancy of any dwelling constructed on said Lot, which parking areas and the driveways thereto shall be constructed of concrete, brick, or asphalt. On street parking shall be limited to guest parking.
Section 8. If an existing house is destroyed, it may be rebuilt to the exact same designs and specifications without approval of the architectural control committee. Any changes to the original designs and specifications must be approved by the architectural control committee.
Section 9. All duties and responsibilities conferred upon the Board or the Architectural Control Committee by this Declaration or the Bylaws of the Association shall be exercised and performed by the Declarant or its Designee, so long as Declarant shall own any Lot in the Properties or any additions annexed thereto by Supplemental Declaration or Amendment to this Declaration.
ARTICLE VIII USE RESTRICTIONS Section 1. LAND USE AND BUILDING TYPE. All land shall be used for single family residential purposes except that so long as the Declarant shall retain ownership of any Lots, it may utilize any such Lot or Lots for sales or rentals, offices, models or other usage for the purposes of selling or renting Lots within said project. The Declarant may assign this limited commercial usage right to any other person or entities as it may choose; provided, however, that when all Lots have
f selling or renting Lots within said project. The Declarant may assign this limited commercial usage right to any other person or entities as it may choose; provided, however, that when all Lots have been sold, this right of commercial usage by the Declarant, its successors and assigns shall immediately cease. No Building shall be erected, altered, placed or permitted to remain on any Lot other than one single family dwelling. Any building erected, altered, placed or permitted to remain on any Lot shall be subject to the provisions of Article VII of this Declaration of Covenants, Conditions and Restrictions relating to architectural control. Any residence or structure damaged by fire, windstorm, or other casualty that is considered a total loss must be removed or razed by the Lot Owner. The Association may impose fines upon the Lot Owner for failure to do so upon thirty (30) days written notice.
Section 2. NUISANCES. No noxious or offensive activity shall be carried on, in or around any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
Section 3.
JUNK VEHICLES, No inoperable vehicle or vehicle without current registration and insurance will be permitted on the premises. The Association shall have the right to impose fines upon the Lot Owner if the junk vehicle is not removed upon three (3) days written notice.
Section 4. FOR SALE SIGNS PERMITTED. "For Sale" signs advertising lots or homes for sale shall be permitted on any Lot or in the common areas and facilities so long as the sign 9.
Book 6624 Page 1778 dimensions do not exceed 18"x30", except that any "For Sale" sign or signs may be displayed by the Declarant on any Lot or Lot in the project so long as Declarant owns any Lot in the Properties
e 1778 dimensions do not exceed 18"x30", except that any "For Sale" sign or signs may be displayed by the Declarant on any Lot or Lot in the project so long as Declarant owns any Lot in the Properties unless approved by the Declarant.
Section 5. TEMPORARY STRUCTURES. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, doghouse, or other outbuilding shall be used on any Lot except in a back yard and behind a fence.
Section 6. RECREATIONAL VEHICLES. No boat, motor boat, camper, trailer, motor or mobile homes, or similar type vehicle, shall be permitted to remain on any Lot yard or in parking spaces, at any time, unless behind a fence on side or rear of the house by consent of the Association, or if properly stored out of sight in garages.
Section 7. ANIMALS. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that dogs, cats chickens, or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free and are at all times properly leashed, personally escorted, or cooped.
Section 8. OUTSIDE ANTENNAS. No outside radio or television antennas, other than typical antennas of the sort to be used for DirectTV or comparable service to be broadcast in to the residence, shall be erected on any Lot or dwelling Lot within the Properties unless and until permission for the same has been granted by the Board of Directors of the Association or its architectural control committee.
Section 9. EXTERIOR LIGHTS. All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot shall be clear, white, or non-frost lights or bulbs as
ommittee.
Section 9. EXTERIOR LIGHTS. All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot shall be clear, white, or non-frost lights or bulbs as approved by the Peiffer Estates Homeowners Association.
Section 10. MAIL AND PAPER BOXES. Each Lot shall have one mail box and be allowed one paper box which design shall be approved by the Association.
Section 11. YARD MAINTENANCE. Each Lot Owner will keep their front, rear and side yards in a neat and orderly manner.
ARTICLE IX GENERAL PROVISIONS Section 1. WATER AND OTHER UTILITIES. New Hanover County or a private utility company shall provide water service for the development and no private well shall be permitted on any Lot except for irrigation purposes approved by the Peiffer Estates Homeowners Association.
The first lot owner to construct a residence on a particular lot is responsible for installation of a water meter for their particular lot.
10 Book 6624 Page 1779 Section 2. SEWER SERVICE. The development is served by a private sewer system for the benefit of the Owners. Each Owner is responsible for the repair, maintenance, and replacement of the system serving their particular lot. The Owners collectively are responsible for the repair, maintenance and replacement of the sewer main and system that is shared by the Owners.
Section 3. ENFORCEMENT. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an owner to enforce any covenant or restriction herein contained shall in no event
s, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Association shall have the right to remedy any breach of these Declarations and assess costs against the offender as a special assessment.
Section 4. SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
Section 5. LOTS SUBJECT TO DECLARATION. All present and future owners, tenants and occupants of dwellings and their guests or invitees, shall be subject to and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such owner, tenant or occupant. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot, their respective legal representatives, heirs, successors and assigns, and shall run with and bind the land and shall bind any person having at any time any interest or estate in any Lot as though such provisions were made a part of each and every deed of conveyance or lease.
Section 6. STORM WATER PERMIT AND MAINTENANCE. N/A Section 7. AMENDMENT OF DECLARATION. The covenants and restrictions of this Declaration may be amended by an instrument duly recorded in the Office of the Register of Deeds.
ERMIT AND MAINTENANCE. N/A Section 7. AMENDMENT OF DECLARATION. The covenants and restrictions of this Declaration may be amended by an instrument duly recorded in the Office of the Register of Deeds.
of NEW HANOVER County signed by not less than sixty-seven (67%) percent of the Lot Owners; provided that no amendment shall alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein provided, or affect any lien for the payment thereof established herein. In no event may the Declaration be amended so as to deprive the Declarant of any rights herein granted or reserved unto Declarant, including the right of Declarant to develop contiguous and to extend the scheme of this Declaration to such other property by the recording of subsequent Declarations as herein provided. Not withstanding the foregoing, the Declarant shall have the right to make amendments to this Declaration, without the other Lot Owners consent, as long as the Declarant's interest represents sixty-seven (67%) percent of the votes of the Association. Not withstanding the foregoing, the provision of the covenants pertaining to stormwater, may not be altered or rescinded without the express written consent of the State of North Carolina Division of 11 Book 6624 Page 1780 Water Quality.
Section 8. MORTGAGE OF COMMON AREAS. The common areas may not be mortgaged without the approval of 67% of the lot owners excluding the Declarant.
Section 9. DISPUTE ARBITRATION.
a. Any lot owners having disputes regarding matters touching and concerning PEIFFER ESTATES hereby agree that disputes will be settled by arbitration if such disputes are not resolved by mutual agreement among the unit owners within sixty (60) days of the disputing unit owner
PEIFFER ESTATES hereby agree that disputes will be settled by arbitration if such disputes are not resolved by mutual agreement among the unit owners within sixty (60) days of the disputing unit owner giving written notice of the dispute to the unit owner with whom the dispute exists.
owners.
b. One Arbitrator mutually acceptable to the disputing unit owners shall be chosen by said c. The Arbitrator shall be governed by the United States Arbitration Act, 9 U.S.C. 1-16, and judgment upon the award rendered by the Arbitrator may be entered by any court having jurisdiction thereof.
d. The Arbitrator is not empowered to award damages (including punitive damages) in excess of actual damages.
IN WITNESS WHEREOF, SAND PEDDLER PROPERTIES, LLC, the Declarant, has caused this instrument to be executed by its proper corporate officers, this the 28th February, 2023.
day of DECLARANT SAND PEDDLER PROPERTIES, LLC Daniel K Thurso- (SEAL) BY: Daniel K. Thompson, Member-Manager 12 Book 6624 Page 1781 STATE OF North Carolina COUNTY OF New Hanover I, Ryan T Rhodenhiser a Notary Public in and for the State and County aforesaid, certify that Daniel K. Thompso personally came before me this day and acknowledged that he is the Member-Manager of SAND PEDDLER PROPERTIES, LLC, a North Carolina limited liability company and that by authority duly given and as the act of the company, the foregoing instrument was signed in its name by its Member-Manager.
Witness my hand and official stamp or seal, this the 28 day of February, 2023.
My Commission Expires: 2-22-2025 (Notary Seal) Ryan T Rhodenhiser Notary Public New Hanover County, NC 2628 My Commission Expires February 22, 0023 RIM Notary Public 13 Book 6624 Page 1782 EXHIBIT A
.
My Commission Expires: 2-22-2025 (Notary Seal) Ryan T Rhodenhiser Notary Public New Hanover County, NC 2628 My Commission Expires February 22, 0023 RIM Notary Public 13 Book 6624 Page 1782 EXHIBIT A BEING ALL OF THAT REAL PROPERTY DESCRIBED ON MAP ENTITLED “SUBDIVISION PLAT LOT 8 OF BRADLEY HEIGHTS" RECORDED IN MAP BOOK 71 AT PAGE 131 IN THE OFFICE OF THE NEW HANOVER COUNTY REGISTER OF DEEDS.
14 Book 6624 Page 1783 EXHIBIT "B" BYLAWS OF PEIFFER ESTATES HOMEOWNERS ASSOCIATION, INC.
ARTICLE I ASSOCIATION MEMBERS Section 1. ANNUAL MEETING OF MEMBERS. The annual meeting of the Members of the Association shall be held at the principal office of the Association, at an hour to be fixed by the President, on the second Tuesday in January of each year for the purpose of electing directors and for the transaction of such other business as may be brought before the meeting. If the day fixed for the annual meeting shall be a legal holiday, such meeting shall be held on the next succeeding business day.
Section 2. SUBSTITUTE ANNUAL MEETING. If the annual meeting shall not be held on the day designated in these Bylaws, a substitute annual meeting at the principal office of the Association may be called in accordance with the provisions of Section 3 of this Article I. A meeting so called shall be designated and treated for all purposes as the annual meeting.
Section 3. SPECIAL MEETINGS OF MEMBERS. Special meetings of the members may be held in the principal office of the corporation, or elsewhere by consent of the members, whenever called in writing by the President or any member of the Board of Directors of the corporation or by members representing twenty percent (20%) of the membership entitled to vote.
the members, whenever called in writing by the President or any member of the Board of Directors of the corporation or by members representing twenty percent (20%) of the membership entitled to vote.
Section 4. NOTICE OF MEETING. Written or printed notices stating the time and place of meeting shall be mailed or delivered by the Secretary to each member of record at the member's last known address.
The notice of each meeting shall be mailed or delivered by the Secretary not less than ten days nor more than fifty days prior to the date set for such meeting and as to special meetings, the Notice shall indicate the purpose or purposes thereof.
Section 5. QUORUM. At any meeting of the members, ten percent (10%) of the members entitled to vote, present in person or represented by proxy, shall constitute a quorum of the membership for all purposes.
If a quorum is not present, the meeting may be recessed from time to time by announcement from the chair at the time such meeting was set and such shall be sufficient notice of the time and place of the recessed meeting. The members present at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of enough members to leave 15