BOUR PAGE 1399 1310 DECLARATION OF RECUPER AND VERIFIED REBECCA P. TUCKER REGISTER OF DEEDS NEW HANOVER GO. NO DEC 17 | 19 PM '87 COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR PEMBROKE JONES PARK AT LANDFALL SUBDIVISION TABLE OF CONTENTS Article Subject I 11 Definitions Property Rights Page No.
2 4 III Membership and Voting Rights 6 IV Covenant for Maintenance Assessments 7 Architectural Control 13 VI Annexation of Additional Properties 14 35 VII Use Restrictions 15 VIII Building Restrictions 21 IX Easements 23 Insurance 25 XI Sales; Repurchase and Rentals 25 XI!
Rights of Institutional Lenders 27 XIII General Provisions 28 Exhibit "A" Exhibit "B" 115926 RETURNED TO Seth P. Talley 256-6112 300м PAGE 1399 1311 Prepared by and return to: Charles B. Morris, Jr., Manning, Fulton & Skinner P. O. Box 20389, Raleigh, N. C.
27619-0389 DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR PEMBROKE JONES PARK AT LANDFALL SUBDIVISION THIS DECLARATION, made on the date hereinafter set forth by Landfall Associates, a North Carolina general partnership, with its principal office located at 121 North Columbia Street, Chapel Hill, Orange County, Carolina, hereinafter referred to as "Declarant"; WITNESSETH: North WHEREAS, Declarant is the owner of certain property in or near the Town of Wrightsville Beach, Harnett Township, County of New Hanover, State of North Carolina, commonly referred to as "Pembroke Jones Park at Landfall which is more particularly described on Exhibit "A" attached hereto; Phase I", WHEREAS, it is the desire and intention of Declarant (as defined herein) to impose on that Property described in Exhibit "A" attached hereto restrictions, conditions, easements, covenants and agreements under a general
desire and intention of Declarant (as defined herein) to impose on that Property described in Exhibit "A" attached hereto restrictions, conditions, easements, covenants and agreements under a general plan or scheme of improvement for the benefit of all Property herein described and the future owners thereof; and, WHEREAS, the Property and any additional property added hereto, shall be comprised of single family residential lots, multi-family tracts for condominium use and multi-family tracts for townhome subdivision; and WHEREAS, notwithstanding the necessity of the Declarant or other developer to create an owners association for any condominium ог townhome project constructed within the Property, this Declaration and the covenants, conditions, restrictions and easements, to the extent applicable, shall apply to the owners of all condominium units and townhomes as well as to individual subdivided detached single family residential lots; NOW, THEREFORE, Declarant hereby declares that all of the Property described on Exhibit "A" shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the doc5/b: Landfall.dec F BOOK PAGE 1399 1312 purpose of protecting the value and desirability of, and which shall run with the title to, the Property and be binding on all parties having any right, title or interest in the described Property or any part thereof, their heirs, uccess rs and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I DEFINITIONS its Section 1. "Association' shall mean and refer to Pembroke Jones Park Owners Association, Inc., a North Carolina non-profit corporation, successors and assigns.
Section 2. "Board" or "Board of Directors" shall mean those persons
all mean and refer to Pembroke Jones Park Owners Association, Inc., a North Carolina non-profit corporation, successors and assigns.
Section 2. "Board" or "Board of Directors" shall mean those persons elected or appointed and acting collectively as the Board of Directors of the Association.
Section 3. "Common Elements" shall mean all real property and any improvements constructed thereon, if any, owned by the Association for the common use and enjoyment of the Owners or members or designated classes of members of the Association, including Limited Common Elements as may be designated on any subdivision map of the Property or by the Association. The Common Elements to be owned by the Association at the time of the conveyance of the first Lot is all of that Property other than the Lots.
Section 4.
"Common Expenses" shall mean and include: (a) All Sums lawfully assessed by the Association against its members; (b) Expenses for maintenance of the roads, streets, rights of way and any amenities as provided in this Declaration; (c) Expenses of administration, maintenance, repair, or replacement of the Common Elements and Limited Common Elements; (d) Expenses declared to be common expenses by the provisions of this Declaration or the Bylaws; (e) Hazard, liability, or such other insurance premiums as the Declaration or the Bylaws may require the Association to purchase; or as the Association may deem appropriate to purchase; (f) Ad valorem taxes and public assessment charges lawfully levied against Common Elements; (g) The expense of the maintenance of private drainage and utility easements and facilities located therein which are within the boundaries -2BOUR PAGE 1399 1313 of the Property, cross Common Elements of the Property and serve both the
private drainage and utility easements and facilities located therein which are within the boundaries -2BOUR PAGE 1399 1313 of the Property, cross Common Elements of the Property and serve both the Property and lands adjacent thereto; (h) The expense of maintenance of any roads, streets, easements, amenities, taxes or any other expense item associated with any Common Element not located on the Property but permitted to be used by the members of this Association by any adjoining landowner, association or other entity pursuant to any cross-easement, cross-access ΟΙ other agreement by the Association with the adjoining land owner; (1) Expenses for maintenance of security devices or personnel; and, (j) Any other expenses determined by the Board or approved by the members to be common expenses of the Association.
.
Section 5. "Declarant" shall mean and refer to Landfall Associates, North Carolina general partnership, its successors and assigns, to whom the rights of Declarant hereunder are expressly transferred, in whole or in part, and subject to such terms and conditions as Declarant may impose.
Section 6. "Limited Common Elements' shall mean those portions of the Common Elements that serve only a single Lot or a limited number of Lots, and which may include, but specifically is not limited to, driveways, walkways, parking areas ΟΙ areas serving only specified Lots, and such other similar areas as may be designated by a subdivision map of the Property or by the Association.
Section 7. "Lot" shall mean and refer to: (i) any plot or Tract of land shown upon any recorded subdivision map of the Property, as such map or maps may be from time to time amended or modified, for detached single-family residential use%3B (ii) any condominium unit erected on any tract reserved for
ivision map of the Property, as such map or maps may be from time to time amended or modified, for detached single-family residential use%3B (ii) any condominium unit erected on any tract reserved for multi-family use; and (iii) any townhome lot subdivided from a tract reserved for multi-family use, all designated for residential use and for separate ownership and occupancy.
Section 8. "Member" shall mean and refer to every person or entity who holds membership in the Association.
Section 9. "Owner" or "Lot 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 Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
-3BOOK PAGE Section 10.
1399 1314 "Person" shall mean and refer to any individual, corporation, partnership, association, trustee or other legal entity.
Section 11.
"Property" shall mean and refer to that certain real property hereinbefore described on Exhibit "A" hereto attached, 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 Elements together with and including the right of access, ingress and egress, both pedestrian and vehicular, on and over the drives, walkways and parking areas of the Common Elements, all of which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (s) the right of the Association to charge reasonable admission and other fees for the use of any recreational or other similar facility situated upon the Common Elements;
to the following provisions: (s) the right of the Association to charge reasonable admission and other fees for the use of any recreational or other similar facility situated upon the Common Elements; (b) the right of the Association to suspend the voting rights and the right to use the recreational or other Common Element facilities, if any, by an Owner for any period during which any assessment against his Lot remains unpaid, and for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) the right of the Association to dedicate, sell, lease or transfer all or any part of the Common Elements, or any interest therein, to any public agency, authority, or utility, or to any other person for such purposes and subject to such conditions as may be agreed upon by the members. No such dedication, sale or transfer shall be effective unless it has been approved by two-thirds (2/3) of each class of members and an instrument of dedication, sale, lease, or transfer properly executed by the Association has been recorded. On such instrument the Secretary of the Association shall certify that two-thirds (2/3) of each class of members have approved the dedication, sale, lease or transfer and that certificate may be relied upon by any third party without inquiry and shall be conclusive as to any grantee, its successors or assigns; provided, however, conveyances for general utility purposes, as specified herein, may be made by the Association without consent of the members; -4BOOK.
PAGE 1399 1315 (d) the right of the Association to limit the number of guests of members; (e) the right of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Elements
the Association to limit the number of guests of members; (e) the right of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Elements and facilities and in aid thereof to mortgage the Common Elements, and the rights of such mortgagee in the Common Elements shall be subordinate to the rights of the members hereunder; (f) the right of the Association in accordance with its Articles of Incorporation or Bylaws to impose rules and regulations for the use and enjoyment of the Common Elements and improvements thereon, which rules and regulations may further restrict the use of the Common Elements and to create Limited Common Elements.
(g) the right of Owners of Lots on additional lands annexed to the Property initially, or subsequently, to the easements of enjoyment and rights of ingress, egress and access, as specified above, to the initial Property and all lands included in subsequent phases.
Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Elements and facilities to the members of his family, his tenants, or contract purchasers who reside on the Property.
Section 3. Title to the Common Elements. The Declarant hereby covenants for itself, its heirs and assigns, that it will convey fee simple title to the Common Elements located within the Property to the Association, free and clear of all encumbrances and liens, prior to the conveyance of the first Lot, except for encumbrances of utility, service, access, storm drainage and other similar service or utility easements. Similarly, the Declarant will convey to the Association Common Elements which are a portion of any additional property as
ervice, access, storm drainage and other similar service or utility easements. Similarly, the Declarant will convey to the Association Common Elements which are a portion of any additional property as the same is annexed in the future at the time of conveyance of the first Lot located on that additional property.
Section 4. TV Antennas, Cablevision, Music. The Association may provide one or more central television or radio antennas for the convenience of the members and may supply cablevision and piped-in music, and the cost of these may be included in annual or special assessments. The Association may regulate or prohibit the erection of television, radio or other antennas on individual Lots.
-5BOUR PAGE 1399 1316 ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Every record Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to, and may not be separated from, ownership of any Lot which is subject to assessment.
Section 2. The Association shall have two classes of voting membership: Class A. Class A Members shall be all Owners with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members; however, the vote for such Lot shall be exercised as they among themselves determine, or as set forth in the Bylaws, but in no event shall more than one vote be cast with respect to any Lot.
voting is prohibited.
Fractional The Class B. The Class B member shail be the Declarant and shall be entitled to three (3) votes for each Lot owned (as further defined in Section 4 of this Article III) including Lots later added pursuant to annexation of additional Property as set forth in the Declaration.
ed to three (3) votes for each Lot owned (as further defined in Section 4 of this Article III) including Lots later added pursuant to annexation of additional Property as set forth in the Declaration.
Class B membership shall cease and be converted to Class A membership with one vote for each Lot owned on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in Class A membership equal the total votes outstanding in Class B membership; but provided, that the Class B membership shall be reinstated if thereafter, and before the time stated in Sub-paragraph (b) below, such additional lands are annexed to the Property without the assent of Class A members on account of the development of such additional lands by the Declarant, all as provided for in Article VI below, or (b) five (5) years from the date of conveyance of the first Lot by Declarant.
Section 3. The right of any member to vote may be suspended by the Board of Directors for just cause pursuant to its rules and regulations and the Articles and Bylaws of the Association and according to the provisions of Article II, Section 1(b) herein.
Section 4. It is recognized that with tracts set aside for multi-family development, and for which subdivision for condominium units or townhome lots has not been accomplished or the units or townhome lots designated, it would be -6BOOR PAGE 1399 1317 inappropriate for Declarant, or its successor in interest to such tracts, to be limited to one vote per lot (or tract) as in the case of a single-family residential lot; therefore, notwithstanding the provision of Section 2 above, Declarant, or its successor in interest to any such multi-family tract, shall
(or tract) as in the case of a single-family residential lot; therefore, notwithstanding the provision of Section 2 above, Declarant, or its successor in interest to any such multi-family tract, shall be entitled to three (3) votes for each unit or lot, as the case may be, which is permitted to be constructed ΟΙ subdivided thereon by the appropriate governmental authority having zoning or similar jurisdiction over the Property.
Such voting rights shall continue as to each condominium unit or each townhome lot until the same shall be constructed or subdivided, as the case may be, at which time Declarant shall have three (3) votes for each unit or townhome lot constructed or subdivided, if owned by Declarant; and if not owned by Declarant then the Owner shall have voting rights as a Class A member..
ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS and Section 1. Creation of the Lien and Personal Obligation of Assessments.
The Declarant, for each Lot owned within the Property, hereby covenants, each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges which are Common Expenses, and (2) special assessments for extraordinary maintenance and capital improvements, (3) special assessments for purchase, construction ΟΣ reconstruction of improvements; and (4) to the appropriate governmental taxing authority, a pro rata share of assessments for public improvement to the Common Elements and public roads if the Association shall default in payment thereof. The annual and special assessments, together with interest and costs, and reasonable attorney's fees for collection, shall be a charge on the land and shall be a
tion shall default in payment thereof. The annual and special assessments, together with interest and costs, and reasonable attorney's fees for collection, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such 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 Lot at the time when the assessment fell due. The personal obligation for the delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
The Association shall also have the authority, through the Board of Directors to establish, fix and levy a special assessment on any Lot to secure the liability of the Owner thereof to the Association arising from breach by such Owner of any of the provisions of this Declaration which breach shall -7BOOK PASE 1399 1318 require the expenditu a of time and money or both, by the Association for repair or remedy.
Each Owner covenants for himself, his heirs, successors and assigns, to pay each assessment levied by the Association on the Lot described in such conveyance to his within ten (10) days of the due date as established by the Board, and further covenants that if said assessment shall not be paid within thirty (30) days of the due date, the payment of such assessment shall be in default and the amount thereof become a lien upon said Owner's Lot as provided herein and shall continue to be such lien until fully paid.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the paying of Common Expenses to promote the recreation, health, safety, and welfare of the Owners of Lots; and,
of Assessments. The assessments levied by the Association shall be used exclusively for the paying of Common Expenses to promote the recreation, health, safety, and welfare of the Owners of Lots; and, in particular, but not limited to, for the acquisition, improvement and maintenance of Property, services, amenities and facilities, and for the use and enjoyment of the Common Elements, including but not limited to, the cost of repairs, replacements and additions, the cost of labor, equipment, materials, management and supervision, the payment of taxes and public assessments assessed against the Common Elements, the providing for security to the Property, the procurement and maintenance of insurance in accordance with the Bylaws or as deemed appropriate by the Board, the payment of common antenne or cable service, the employment of counsel, accountants and other professionals for the Association when necessary, and such other needs as may arise.
Section 3. Amount of Assessment.
(8) Initial Maximum Assessment. To and including December 31, 1990, the maximum annual assessment shall not exceed One Thousand Two Hundred Dollars ($1,200.00) per Lot.
(b) Increase by Association. From and after December 31, 1990, the annual assessment effective for any year (including 1991) may be increased from and after January 1 of the succeeding year by the Board of Directors, without a vote of the membership, by a percentage which may not exceed the greater of ten (10%) percent or the percentage increase reflected in the U. S. City Average, Consumer Price Index United States and selected areas for urban wage earners and clerical workers, all items most recent index and percentage changes from selected dates, (published by the U.S.
erage, Consumer Price Index United States and selected areas for urban wage earners and clerical workers, all items most recent index and percentage changes from selected dates, (published by the U.S.
Bureau of Labor Statistics, United States Department of Labor, Washington, -8BOOF PAGE 1399 1319 D.C.), or such other Index as may succeed the Consumer Price Index, for that twelve-month period ending the immediately preceding October 1.
(c) Increase by Members. From and after December 31, 1990, the annual assessment may be increased by a percentage greater than permitted by this Article by an affirmative vote of two-thirds (2/3) of each class of members who are voting in person or by proxy, at a meeting duly called for such purpose. The limitations herein set forth shall not apply to eny increase in assessments undertaken as 80 incident to 8 merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation.
In establishing (d) Criteria for Establishing Annual Assessment.
the annual assessment for any assessment year, the Board of Directors shall consider all current costs and expenses of the Association, any accrued debts, and reserves for future needs, but it may not fix the annual assessment in an amount in excess of ten (10%) percent or the sums derived by application of the Consumer Price Index formula provided in Subsection (b) without the consent of members required by Subsection (c) of this Section 3.
(e) Board Authority. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.
(f) Declarant Expenses. Until such time as Declarant shall no longer control the Board, Declerant shall pay any Association expenses not otherwise covered by the assessment hereunder.
of the maximum.
(f) Declarant Expenses. Until such time as Declarant shall no longer control the Board, Declerant shall pay any Association expenses not otherwise covered by the assessment hereunder.
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 that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, restoration, repair or replacement of a capital improvement upon the Common Elements, any extraordinary maintenance, including fixtures and personal property related thereto and any property for which the Association is responsible. provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5. Replacement Reserve. Out of the Common Expenses assessment, the Board shall create And maintain a reserve fund for the periodic -9BOOK.
PAGE 1399 1320 maintenance, repair, and replacement of improvements to the Common Elements and any Limited Common Elements which the Association may be obligated to maintain.
Section 6. Notice and Quorum for Any Action Authorized Under Section 3 and 4. Written notice of any meeting cailed for the purpose of taking any action authorized under this Article shall be sent to all members not less than 30 days nor more than 50 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast forty percent (40%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called
members or of proxies entitled to cast forty percent (40%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting.
Section 7. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rats for all Lots and may be collected on a monthly basis or other periodic basis established by the Board.
Section 8. Date of Commencement of Annual Assessments; Due Dates; Initial Working Capital. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Elements to the Association or January 1, 1988 whichever shall later occur. All Lots in subsequently annexed properties, similarly, shall be subject to assessment commencing on the first day of the first month following conveyance of the Common Elements therein to the Association. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year.
The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge if it deems appropriate, furnish a certificate signed by an officer of the
The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge if it deems appropriate, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of on a Lot is binding upon the Association as of the date of assessments issuance.
In addition to the regular assessments to be charged and paid hereunder, each Lot Owner shall, at the time of the initial sale of each Lot by Declarant -10BOOK PAGE 1399 1321 to that Lot Owner, pay to the Association 8 sum equal to two (2) months' assessment on that Lot as additional working capital of the Association. These amounts need not be segregated but may be commingled with regular assessment funds. This working capital amount shall be paid by the Lot Owner notwithstanding the fact that Declarant may have made prior regular assessment payments to the Association on the Lot being sold pursuant to the provisions of the first sentence hereunder.
Section 9. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall be delinquent, in default and shall bear interest from the due date at the highest rate then permitted by North Carolina law not to exceed eighteen (18%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same plus interest, costs, late payment charges and reasonable attorneys' fees, or foreclose the lien against the Lot. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Elements or abandonment of his Lot.
neys' fees, or foreclose the lien against the Lot. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Elements or abandonment of his Lot.
The lien herein granted unto the Association shall be enforceable pursuant to Article 2A of Chapter 45 of the General Statutes from and after the time of recording a Clain of Lien in the Office of the Clerk of Superior Court in the County in which the Property is located in the manner provided therefore by Article 8 of Chapter 44 of the North Carolina General Statutes, which claim shall state the description of the Lot encumbered thereby, the name of the record owner, the amount due and date when due. The claim of lien shall be recordable any time after thirty (30) days after the due date of the assessment or any installment thereof and the lien shall continue in effect until all sums secured by said lien as herein provided shall have been fully paid. Such claims of lien shall include all assessments which are due and payable when the claim of lien is recorded, plus interest, costs, attorneys' fees, advances to pay taxes and prior encumbrances and interest thereon, all as above provided.
Such claims of lien shall be signed by an officer or agent of the Association.
Upon full payment of all sums secured by such claim of lien, the same shall be satisfied of record.
Section 10. Subordination of the Lien to Mortgages and Ad Valorem Taxes.
The lien of the assessments provided for herein shall be subordinate to the lien of any institutional first mortgage and ad valorem taxes on said Lot.
Sale or transfer of any Lot shall not affect the assessment lien. However, the -11= BUOT PAGE 1399 1322 sale or transfer of any Lot pursuant to mortgage or tax foreclosure or any
taxes on said Lot.
Sale or transfer of any Lot shall not affect the assessment lien. However, the -11= BUOT PAGE 1399 1322 sale or transfer of any Lot pursuant to mortgage or tax 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, but shall not abate the personal obligation of the prior owner. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
Section 11. Exempt Property.
Any portion of the Property dedicated to, and accepted by, a local public authority and any portion of the Property owned by a charitable or non-profit organization exempt from taxation by the laws of the State of North Carolina shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments.
Section 12.
Responsibility for Maintenance of Private Streets and Driveways. The maintenance responsibility of the private streets and driveways as shown on the subdivision map recorded shall rest with the Association. In no case shall any governmental authority having jurisdiction over the Property be responsible for failing to provide any emergency or regular fire, police, or other public service to the Property and/or occupants when the failure is due to inadequate design or construction, blocking of access routes, or any other factor within the control of the Declarant, the Association, or Owners.
ΟΙ Section 13. Assessment For Multi-Family Tracts. For any multi-family tract within the Property which has not been developed, constructed subdivided for condominium use or townhome subdivision, the assessment
13. Assessment For Multi-Family Tracts. For any multi-family tract within the Property which has not been developed, constructed subdivided for condominium use or townhome subdivision, the assessment applicable to such tract shall be the assessment per Lot as determined herein times the number of dwelling units that may be constructed on the tract as determined by that governmental authority having zoning or similar jurisdiction over the Property. At such time as any condominium is established or any townhome tract is subdivided with the actual number of lots to be constructed thereon, then each unit or each lot, as the case may be, shall be subject to assessment as a Lot.
Prior to the time that each Unit or each townhome lot is subject to assessment as a Lot, the assessment lien established hereunder shall attach to the whole tract.
-12BOOK PAGE 1399 1323 ARTICLE V ARCHITECTURAL CONTROL No site preparation (including, but not limited to grading, elevation work, landscaping, sloping or tree work) or initial construction, erection or installation of any improvements, including but not limited to, buildings, fences, signs, walls, bulkheads, screens, landscaping, plantings, yard furniture, play areas, and play equipment or other equipment, furniture or structures shall be commenced, erected, placed, altered or maintained upon the Property or any Lct, nor shall any addition to, or change, or alteration therein be made by any Owner, other than Declarant, until the plans and specifications showing the nature, kind, shape, height, materials, exterior colors, siding, location and elevations of the proposed improvements or landscaping or yard equipment or furniture shall have been submitted to, and approved in writing by, as to harmony of external design and location in
ion and elevations of the proposed improvements or landscaping or yard equipment or furniture shall have been submitted to, and approved in writing by, as to harmony of external design and location in relation to surrounding structures and topography, the Board of Directors of the Association, or by an Architectural Committee composed of three (3) or more persons appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such submission 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; provided that plans and specifications that contain inaccurate or missing data or information when submitted shall not be deemed to be approved notwithstanding the foregoing.
Upon request the Board shall provide any Owner with a letter stating that any such work plans and specifications have been approved and the same may be relied upon by third parties.
Refusal of approval of such plans, location or specifications may be based upon any grounds, including purely aesthetic and environmental, that in the sole discretion of the Board or Committee, it shall deem sufficient. The Association shall not be responsible for any defects in the plans and specifications submitted to it or in any structure erected according to such plans and specifications.
or their appointed The Association, through the Board, the Committee agents, shall have the right, at its election, but shall not be required, to enter upon any of the Property during site preparation or construction, erection, or installation of improvements to inspect the work being undertaken -13BOO PAGE 1399 1324
shall not be required, to enter upon any of the Property during site preparation or construction, erection, or installation of improvements to inspect the work being undertaken -13BOO PAGE 1399 1324 and to determine that such work is being performed in conformity with the approved plans and specifications and in a good and workmanlike manner, utilizing approved methods and good quality materials.
The Board or the Architectural Committee appointed by the Board, as the case may be, shall have power to, and may allow variances of, and adjustments of, the restrictions on use and building restrictions established herein in order to overcome practical difficulties and prevent unnecessary hardships in application of the restrictions contained herein; provided, however, that variances or adjustments are done in conformity to the intent and purposes hereof; and, provided also, that in every instance such variance or adjustment will not be materially detrimental or injurious to the Property or other Lots in the immediate neighborhood. Variances and adjustments may be of the height, size, and setback requirements, but shall not be limited thereto.
In the event of the grant of any variance in the building or use restrictions, the Association shall execute a document attesting to such grant and the specific nature thereof in form suitable for recording, so that the Lot Owner may record same in the Registry of the County in which the Property is located. Such document shall be prepared at the cost of the Lot Owner and shall be binding upon the Association and may be relied upon by third parties.
Any reference to "Association" in this Article or that on Restrictions of Use or Building Restrictions shall mean the Board ΟΙ the Architectural
he Association and may be relied upon by third parties.
Any reference to "Association" in this Article or that on Restrictions of Use or Building Restrictions shall mean the Board ΟΙ the Architectural Committee, whichever shall be vested with approval authority by the Board.
ARTICLE VI ANNEXATION OF ADDITIONAL PROPERTIES Section 1. Annexation of additional property, except as provided in Section 2 of this Article VI, shall require the assent of two-thirds (2/3) of the Class A membership and two-thirds (2/3) of the Class B membership, if any, present in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting setting forth the purposes of the meeting. The presence of members or of proxies entitled to cast forty percent (40%) of the votes of each class of membership shall constitute a quorum.
the required quorum is not forthcoming at any meeting, another meeting may be called subject to the notice requirement set forth above and the required quorum shall be one-half (1/2) of the required quorum of the preceding meeting.
No such subsequent meeting shall be held more than 60 days following the If -14-