BOOK PAGE '98 OCT 13 PM 1 45 2449 0963 STATE OF NORTH CAROLINA RECORDED & VERIFIED MARY SUE 0OTS COUNTY OF NEW HANOVER REISTER OF DEEDS ANOVER CO. PROTECTIVE COVENANTS SCOTTS HILL BLUFF SECTION 2A THIS DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENTS, dated for purposes of reference only this the 13th day of OCTOBER, 1998, by SCOTTS HILL JOINT VENTURE (hereinafter "Declarant").
000167 RECITALS: Declarant has, by recordation of a subdivision plat, subdivided certain property shown on said plat into lots intended for utilization for construction of single family homes. The subdivision plat is recorded in Map Book 38, Page 133, New Hanover County Registry, and all property shown thereon is hereinafter referred to as the "Subdivision". Each numbered lot shown on the recorded plat is referred to herein as a "lot". The name of the subdivision is SCOTTS HILL BLUFF.
Within the Subdivision and as shown on the recorded plat, there has been privately dedicated one or more street rights of way, and there will be or has been constructed within each such right of way, in accordance with applicable construction standards of the State of North Carolina, a subdivision road. Access to each Lot within the Subdivision is over one or more streets shown on the recorded plat of the Subdivision.
In order to maintain the streets providing access to the Subdivision as shown on the recorded plat, to own, manage and maintain common areas and utilities as more fully set out hereinafter, and to enforce these Protective Covenants and to provide an organization for the benefit of the owner of each Lot within the Subdivision, Declarant has chartered a North Carolina nonprofit corporation named SCOTTS HILL BLUFF HOMEOWNERS ASSOCIATION
o provide an organization for the benefit of the owner of each Lot within the Subdivision, Declarant has chartered a North Carolina nonprofit corporation named SCOTTS HILL BLUFF HOMEOWNERS ASSOCIATION (the "Association"). The owner of each Lot is a member of the Association, and the owner of each Lot is obligated to pay dues and assessments to the Association for the benefit of the Association and the owner of each Lot within the Subdivision. The organization and operation of the Association is described in these Protective Covenants and in the By-Laws of the Association.
It is the desire and intention of the Declarant, for its benefit and with the intent of preserving the value of each Lot, to restrict the utilization of and improvement son each Lot within the Subdivision in accordance with guidelines established herein. Therefore, Declarant hereby subject the property described hereinafter to the terms and provision os these Protective Covenants for the use and benefit of all present and future Lot owners within the Subdivision.
1 RETURNED FO JEFF SMERKO 732-4375 DRAWN BY Steven F. Siegel 547014 4333 TAGE 0964 2449 1. DESCRIPTION. This Declaration shall run with the land and shall bind and inure to the benefit of the owner of each Lot within the Subdivision, and the property made subject to these Protective Covenants is all of the property shown on that plat of SCOTTS HILL BLUFF recorded in Map Book 38, Page 133, New Hanover County Registry, as the same may be amended from time to time.
2. ADDITIONAL PROPERTIES. 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
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 Pender and New Hanover County Registries, which amendment specifically exercises such right, on or before December 31, 2008, 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.
Any amendment hereto may alter the minimum square footage of any structure to be constructed on property subject to such amendment, and, to the extent that such amendment subjects single family Lots less than 15,000 square feet in size to the provisions of these Protective Covenants, or allows construction of multifamily residential structures on such property, said amendment shall specify and changes allowed in the specific construction standards included herein as to those properties, but no such amendment shall alter the relationship of such properties, and the structures to be constructed thereon, with the Association
construction standards included herein as to those properties, but no such amendment shall alter the relationship of such properties, and the structures to be constructed thereon, with the Association and its Architectural Control Committee, and no such amendment shall in any way change the authority of the Association to impose and collect dues and assessments (both regular and special) from the owners of such Lots or multifamily living units. For purposes of voting, the owner of each such Lot or multifamily unit shall be considered a member of the Association, and shall be entitled to one (1) vote.
3. SINGLE FAMILY UTILIZATION. This Protective Covenant restricts all numbered Lots subjected to its terms to use only for single family residential purposes. No home or other structure constructed within the Subdivision shall be utilized for commercial purposes, except that Declarant or its assigns shall be entitled to use any structure located within the Subdivision for purposes of assisting in the sale of Lots within the Subdivision. Nothing contained herein shall limit to single family utilization property subjected to this Declaration by valid amendment hereto, but all such properties shall be limited to residential utilization. Any amendment to this Declaration allowing multifamily utilization shall establish a reasonable relationship between the payment of dues and assessments to the Association by the owner of a single family Lot and the dues payable to the Association by the owner of a multifamily dwelling unit. Each such 2 BOOK PAGE 2449 0965 amendment shall specify, as set out in Paragraph 2 above, the specific building and site restrictions applicable to the property subjected to such amendment.
ling unit. Each such 2 BOOK PAGE 2449 0965 amendment shall specify, as set out in Paragraph 2 above, the specific building and site restrictions applicable to the property subjected to such amendment.
4. BUILDING AND SITE RESTRICTIONS. The Architectural Control Committee must give prior approval of any removal of any tree of a size of four inches in diameter of greater from any Lot or the construction of any improvement or structure on any lot in accordance with the procedures described in Paragraph 5 of these Protective Covenants. In addition, the following restrictions shall apply: (a) No detached garage, storage shed, or carport shall be permitted unless architecturally compatible with the primary dwelling structure on the Lot.
(b) No more than one (1) single family house shall be allowed Lot.
per (c) All homes must be constructed substantially on site, and no modular home shall be located within the Subdivision and no homes constructed elsewhere shall be allowed to be conveyed into and located on a Lot within the Subdivision. No temporary structures shall be allowed.
(d) No sign shall be allowed on any Lot so as to be visible from any street right of way or any adjoining Lot, except as to the following signs, which shall be allowed: (1) a sign, no greater than four square feet in size, specifying the general contractor actually constructing a structure on a Lot. Such sign must be removed upon issuance of a certificate of occupancy for the structure; (2) a sign identifying the property upon which such sign is placed only by the name of the owner and a street number. Such sign must be constructed at a size, and to specifications and styles established by the Architectural Control Committee, and must be located
ced only by the name of the owner and a street number. Such sign must be constructed at a size, and to specifications and styles established by the Architectural Control Committee, and must be located on the Lot in a place specified by the Architectural Control Committee; (3) street or directional signs erected by the Association; (4) any sign required to be constructed by any governmental agency; and (5) identification and informational signs constructed by Declarant, installed in places other than on Lots, the purpose of which is to assist Declarant in identifying the project and the location of sales offices, amenities, sales models or other nonresidential uses within the Subdivision.
Committee.
(6) all other signs must be approved by the Architectural Control All permitted signs, except those required to be constructed by a governmental 3 BOOK PAGE 2449 0966 entity, shall be constructed of materials, in a style of colors and in a location established and approved by the Architectural Control Committee.
(e) The minimum square footage of heated, enclosed living space for each approved residential structure shall be 1,800 square feet for all single-level homes and 2,000 spare feet for all two-level homes; a minimum of 1,400 square feet of such space must be located in the first living floor of the residential structure.
(f) There are no absolute building setback requirements other than those that may be imposed by a local government or those shown on the recorded plat of the Subdivision.
However, no structure will be allowed within 40 feet of any street right of way, 15 feet of any side Lot line, 50 feet of any water way, 50 feet of any rear Lot line, unless alternatives are approved by the Architectural Control Committee. NOTWITHSTANDING ANY SUGGESTED
ght of way, 15 feet of any side Lot line, 50 feet of any water way, 50 feet of any rear Lot line, unless alternatives are approved by the Architectural Control Committee. NOTWITHSTANDING ANY SUGGESTED SETBACK, THE ARCHITECTURAL CONTROL COMMITTEE SHALL HAVE COMPLETE AUTHORITY TO DETERMINE THE APPROPRIATE BUILDING SITE ON EACH AND EVERY LOT. THERE IS NO PRESUMPTION THAT SUCH APPROVED BUILDING LOCATION SHALL BE WITHIN THE SUGGESTED SETBACKS SET OUR HEREINBEFORE.
(g) Bulkheads, piers and the utilization of other riparian rights by construction of improvements or structures shall only be allowed after approval by the Architectural Control Committee and all applicable governmental agencies, and no such structures will be allowed unless said structures are compatible with similar or proposed improvements on other Lots and after a finding that the construction of such structures will no unduly interfere with the riparian rights or reasonable property expectations of the owners of other Lots within the Subdivision.
The type of construction utilized for bulkheads may be controlled by the Architectural Control Committee based on appearance, function and environmental engineering criteria.
(h) The heights of structures shall be subject to approval of the Architectural Control Committee in accordance with the standards set out in Paragraph 5 hereunder, but no structure may exceed in height the height limitation imposed by New Hanover County.
(i) Fences are subject to the complete jurisdiction of the Architectural Control Committee as to location, style, materials and height. As used herein, fences shall include walls, barricades, shrubbery or other impediments to reasonable mobility and visibility. Absent
ural Control Committee as to location, style, materials and height. As used herein, fences shall include walls, barricades, shrubbery or other impediments to reasonable mobility and visibility. Absent an extraordinary showing of need by the owner of a Lot, no fence shall be allowed along any Lot line or closer to any water line or adjoining golf course than the nearest residential structure thereto. The Architectural Control Committee shall only approve the Construction of a fence upon a determination that the fence is aesthetically pleasing; does not detract from the reasonable value of any Lot and does not unreasonably impede the view of any water course or other attractive feature from any other Lot.
(j) No satellite receiving dish, radio antennae or other similar device shall be located on any Lot. The Architectural Control Committee shall approve the location of such 4 BOOK 2449 PAGE 0967 device only upon making an affirmative fining that the location of the device on the Lot is in the area of minimum visibility from any surrounding Lot or from any street, and upon a further fining that the proposed location will not significantly detract from the aesthetic values of the Subdivision.
(k) No boat, boat trailer, other trailer, camper, recreational vehicle, utility vehicle or truck (to the extent that a truck is rated as a two and one-half ton truck or larger) shall be allowed to remain on any street right of way or an any Lot or on any common property overnight unless it is enclosed within a garage that has been constructed in accordance with the provisions of these Protective Covenants.
(1) The Association shall have authority to adopt rules and regulations prohibiting or restricting the location of temporary or permanent clotheslines, the number of vehicles that
rotective Covenants.
(1) The Association shall have authority to adopt rules and regulations prohibiting or restricting the location of temporary or permanent clotheslines, the number of vehicles that my be parked on any Lot and the number, type and location of trash receptacles and trash receptacle enclosures.
(m) No activity, whether active or passive, that is reasonably considered a nuisance by the Association shall be allowed on any Lot. This prohibition includes any activities The Association is within any structure, on any Lot or on any street or common area.
specifically authorized by Paragraph 15 of these Protective Covenants to adopt rules regarding conduct and use of any Lot; however, The Association may find any conduct or use of a Lot to be a nuisance notwithstanding the fact that such conduct is not specifically prohibited by these Protective Covenants or by an adopted rule. If any conduct is deemed by the Association to be a nuisance, and to the extent that such conduct is not specifically prohibited by the provisions of these Protective Covenants or by an adopted rule, the Association shall give written notice to the offending owner specifying the nature of the nuisance, and requesting that such nuisance be terminated. If any nuisance is not terminated within a reasonable time thereafter, the Association may, in addition to any other remedy, impose a fine in the amount of $100.00 per violation. If the nuisance is of a continuing nature, a separate violation shall be considered made each day the nuisance continues. All such fines may be collected in the same manner as an assessment as more fully specified herein, and all attorney's fees incurred may be collected as allowed by Paragraph 7 herein.
sance continues. All such fines may be collected in the same manner as an assessment as more fully specified herein, and all attorney's fees incurred may be collected as allowed by Paragraph 7 herein.
(n) Improved and unimproved lots must be maintained by the owner in a manner consistent with the Subdivision as determined by the Architectural Control Committee.
(o) The construction of any house built in Scotts Hill Bluff must be completed within twelve (12) months from the date of commencement of construction. If any house shall remain unfinished after 12 (12) months, except when such delay is caused by natural causes beyond the Owner's control, the Homeowners Association shall have the right to remove the uncompleted house and charge back the Owner for said cost of removal. The Homeowners Association shall have the right to place a lien on the Owner's lot for any unpaid charges.
5 BOOK 2449 PAGE 0968 5. ARCHITECTURAL CONTROL COMMITTEE PROCEDURES. At least thirty (30) days prior to the anticipated commencement of any landscaping or construction of any structure or improvement on any Lot, the owner of such Lot (or his duly appointed agent) shall submit to the Chairman of the Architectural Control Committee a survey of the Lot, which survey shall show each Lot corner. There shall further be shown on said survey the proposed location of all proposed and existing structures or improvements, including driveways, bulkheads, piers, patios, decks and walkways, and further including a specific delineation of the proposed location of all improvements that will result in the creation of impervious surfaces as defined by the Department of Environmental Management of the State of North Carolina in accordance with
proposed location of all improvements that will result in the creation of impervious surfaces as defined by the Department of Environmental Management of the State of North Carolina in accordance with the North Carolina coastal storm water regulations. There shall further be provided to the Architectural Control Committees sufficient building elevations and other site plans, including a statement of exterior building materials and proposed exterior colors, to allow the Architectural Control Committee to appropriately and accurately evaluate what is proposed for construction on the Lot. The architectural style of the house must be consistent with the SOUTHERN LOW COUNTRY style of architecture. The location of the proposed well and septic tank, if any, including drain fields, shall also be delineated. The survey shall be prepared by a registered or licensed land surveyor, and the building elevations and other site plans shall be prepared professionally. There shall be submitted two copies of all information required to be submitted.
The owner of each Lot shall notify the Architectural Control Committee of the identity of the contractor proposed for construction of any major improvements on any Lot. Major improvements shall be all improvements of a reasonable construction cost of $10,000.00 or more. The owner of each Lot shall include with the name of the contractor a statement as to the classification of contractor's license held by such contractor, the address and telephone number of the contractor, and tow owners of comparable properties previously constructed by such contractor, and a minimum of two financial references. This information shall be submitted to the Architectural Control Committee at time of submission of plans, if such information is
tructed by such contractor, and a minimum of two financial references. This information shall be submitted to the Architectural Control Committee at time of submission of plans, if such information is available at that time; if the information is not available at that time, the information shall be submitted to the Architectural Control Committee at least thirty (30) days prior to commencement of construction.
Within thirty (30) days after receipt of all required information, the Architectural Control Committee shall submit in writing to the owner of the Lot whether or not the requested improvements are approved. Unless a response is given by the Architectural Control Committee within thirty (30) days, the plan shall be deemed approved. The response of the Association may be an approval, a denial, an approval with conditions or a request for additional information. A request for additional information shall be deemed a determination that the information submitted was inadequate, and the thirty (30) day time for response shall only commence upon receipt of the requested additional information. If approval with conditions is granted, and construction then begins, the construction shall be deemed approval by the owner of the Lot of the conditions imposed.
The Architectural Control Committee shall approve the plans as submitted, if all required information is submitted, and the following affirmative findings are made by the Architectural 6 Control Committee: BOOK PAGE 2449 0969 (a) that the improvement sought to be constructed will not have negative economic impact on any other Lot within the subdivision; (b) that all required specific building standards and other conditions contained
he improvement sought to be constructed will not have negative economic impact on any other Lot within the subdivision; (b) that all required specific building standards and other conditions contained within the Protective Covenants and other applicable legal documents have been complied with; (c) that the improvements are architecturally compatible with proposed or constructed improvements on other Lots within the Subdivision; and feasible.
(d) that the natural features of the Lot have been retained to the maximum extent (e) that the impervious surface limitation coverage proposed on each Lot is consistent with the requirements of the Department of Environmental Management coastal storm water regulations. An average Lot shall contain impervious surfaces as defined by said regulations not in excess of 4480 square feet and no individual Lot will be allowed with impervious surfaces exceeding 4480 square feet without specific approval by the Architectural Committee. At no time shall the total impervious surface coverage on all Lots which have construction existing or approved thereon exceed the amount of impervious surfaces determined by multiplying the number of such improved lots by 4480. Specific limitations for multifamily tracts shall be included in recorded amendments to these Protective Covenants.
In addition to plan approval, the Architectural Control Committee must approve the contractor selected by the owner of each Lot. A contractor shall be approved if the contractor has an appropriate North Carolina general contractor's license in good standing, is of good financial standing, has a good reputation in the community and has constructed to the satisfaction of the owner of property comparable structures on a regular and routine basis.
d standing, is of good financial standing, has a good reputation in the community and has constructed to the satisfaction of the owner of property comparable structures on a regular and routine basis.
Any owner of any Lot disagreeing with the finding of the Architectural Control Committee may appeal the decision to the Board of Directors of the Association by giving written notice of appeal to the President of the Association within fifteen (15) days following receipt of notice of denial. The Board of Directors of the Association shall then review the plans, giving the Chairman of the Architectural Control Committee the opportunity to present to the Board of Directors of the Association specific reasons why the plans were denied, in the presence of the owner of the lot or his agent, and the owner of the Lot or his agent may present information challenging the findings of the Architectural Control Committee. The decision of the architectural Control Committee shall only be overridden by unanimous vote of the Board of Directors of the Association.
All notices required to be given herein shall be given in writing, hand-delivered or mailed postage prepaid, return receipt requested, and the Architectural Control Committee shall be obligated to specify the particular grounds upon which denial of any application is founded. One 7 BOOK PAGE 2449 0970 set of plans, denoted as approved (or approved with specified conditions)shall be retained by the Architectural Control Committee and the other shall be returned to the applicant.
The Architectural Control Committee shall have the right to issue rules and regulations governing the maintenance of construction sites and the procedures to be followed by contractors and owners of lots during construction periods.
tee shall have the right to issue rules and regulations governing the maintenance of construction sites and the procedures to be followed by contractors and owners of lots during construction periods.
6. ASSOCIATION. The owner or owners of every Lot shall be a voting member of the Association. However, only one vote shall be allowed per Lot; to the extent that there is more than one owner of any one Lot, said owners shall determine among themselves, and designate, one voting member, which voting member shall cast the vote allocated to said Lot. If the owners cannot agree among themselves, the board of Directors of the Association shall determine and designate a voting member from among the owners of the Lot. The Association shall be governed by a Board of Directors, selected in accordance with the By-Laws of the Association, and the Association shall operate and do business in accordance with the terms of its By-Laws, see attached Exhibit "A".
The Association shall have the responsibility of maintaining in good condition all streets within the Subdivision and to maintain in good, working condition all street lights or area lights constructed within the Subdivision and constructed for common benefit, to the extent such street lights or area lights are not owned and/or maintained by a public utility. The Association shall further have the responsibility of maintaining a sightly appearance along all street rights of way and utility easements, to the extent that the same are utilized for common ingress and egress or benefit.
The Association shall have the responsibility of maintaining in good condition all common areas, and shall be responsible for adopting rules and regulations governing utilization
nd egress or benefit.
The Association shall have the responsibility of maintaining in good condition all common areas, and shall be responsible for adopting rules and regulations governing utilization of such common areas. The Association shall be obligated to accept ownership of all common area designated on any recorded subdivision plat the properties of which are made subject to the provisions of this Declaration. To the extent necessary, the Associating may employ personnel necessary to perform its obligations, or needed to benefit the owners of Lots within the Subdivision.
The Association shall have the obligation to provide for itself and for the benefit of the owner of each Lot all necessary professional services to promote the proper maintenance of all streets and other common areas and to provide the smooth, proper and legal administration of the Association. These services may include services of an engineer, lawyer, accountant or other professional. The Association is specifically authorized to provide such other incidental services for the benefit of the Subdivision and in the management of the Association as deemed reasonably necessary by the Board of Directors of the Association. The Association shall also have an affirmative obligation to maintain all roads and other common elements in good condition, utilizing its funds so to do, notwithstanding the utilization of such facilities by any or all Lot owners.
8 BOOK 2449 PAGE 0971 The Association shall have the optional authority to provide any service to the Lots it believes desirable, including, but not limited to cable television, waste collection or utility service. such services may be provided by the Association directly, by a subsidiary owned by
the Lots it believes desirable, including, but not limited to cable television, waste collection or utility service. such services may be provided by the Association directly, by a subsidiary owned by the Association or by contract with a third party. Assessments may be collected to pay for the provision of such services.
The Board of Directors of the Association may maintain a capital reserve fund for street replacement and maintenance if deemed necessary by said Association, but shall be under no obligation so to do if, in the reasonable opinion of the Board of Directors of the Association, annual maintenance of streets and other common area is sufficient to make unlikely significant and unexpected expenditures within a five year period for the due date of the current regular assessment. Reserve funds of other common element need not be maintained if the Board of Directors of the Association determines that annual maintenance expenditures will be sufficient to make unlikely large expenditure for replacement in a single year.
In order to fund its obligations, the owner of every Lot is obligated and bound, whether or not expressly stated in any instrument of conveyance, to pay to the Association the following: (a) annual charges or dues; and (b) special assessments.
All such assessments, charges, and dues, together with any interest thereon, shall be a charge on the land and shall be a continuing lien upon the Lot against which such assessments are made. Liens shall be perfected in the manner of mechanics or materialmen's lien under North Carolina General Statutes, and any lien for dues unpaid shall be filed within nine (9) months after the due date of the payment of such assessment. The due date shall be the first day
lien under North Carolina General Statutes, and any lien for dues unpaid shall be filed within nine (9) months after the due date of the payment of such assessment. The due date shall be the first day of the fiscal year of the association, as to annual dues; and the date established for payment of a special assessment, as more fully set out hereinafter. Any such lien may be enforced in the manner of a deed of trust with power of sale, as allowed by North Carolina General Statutes, through a foreclosure proceeding. This instrument shall be deemed to give to the President of the Association said power of sale.
Annual assessments shall be in an amount determined by a majority vote of the Directors of the Association. The initial annual assessment shall be $50.00 per Lot. The fiscal year of the Association shall be the calendar year; dues for the first year of the Association, prorated by date of closing, shall be payable to the Association at closing. Declarant shall pay dues for all unsold Lots beginning on the first day of the month following the first conveyance of a Lot to a third party by Declarant. Beginning with January 1 of the year following issuance of a building permit for construction of a home on a Lot, the dues for each such Lot for which a building permit for construction of a home has been issued shall be twice the then determined assessment for each unimproved Lot. No amendment to these protective Covenants, unless approved by Declarant and all owners of Lots within the Subdivision, shall alter the ratio of dues paid by the owner of an unimproved Lot compared to the dues paid by an owner of an improved 9 Lot.
BOOK 2449 PAGE 0972 A special assessment may be levied from time to time by vote of a minimum of 70% of
id by the owner of an unimproved Lot compared to the dues paid by an owner of an improved 9 Lot.
BOOK 2449 PAGE 0972 A special assessment may be levied from time to time by vote of a minimum of 70% of the total votes cast in any regular or special meeting, called in accordance with the By-Laws.
A special assessment may be made for any purpose for which expenditures are allowed in accordance with this Declaration. The resolution approving a special assessment shall specify the date payable.
Notwithstanding any provisions of these Protective Covenants, including this Paragraph 6, the Board of Directors shall have authority to levy any special assessment if, in the sole discretion of said Directors, the assessment is reasonably required to protect properties impacted in case of an emergency, such as a storm causing sever erosion. In such event, the Directors shall give written notice to the members so affected as promptly as possible after the determination of said assessment and the action shall be binding as though ratified by the requisite vote of the owners of Lots.
Each lot owner who has built a house on their lot will be billed a proportional share of the cost of electric power for operating the street lights. The billing will be done by the electric company on the lot owners regular electric bill.
any 7. ENFORCEMENT. These Protective Covenants, including any amendment hereto, may be enforced by any individual Lot owner; by the Association, upon action by its Board of Directors; or by Declarant, as long as Declarant owns any Lot within the Subdivision.
Appropriate remedies shall include, but are not limited to, specific performance. In action to enforce these Protective Covenants, including any action to collect assessments, either regular
division.
Appropriate remedies shall include, but are not limited to, specific performance. In action to enforce these Protective Covenants, including any action to collect assessments, either regular or special, or to foreclose upon any real property for payment of such assessment, all costs associated with said collection, including court costs and reasonable attorney's fees, shall be collected as an additional assessment. In addition, interest at the rate of twelve percent (12%) per annum shall be collected from the due date of any assessment, until the assessment is paid in full.
The State of North Carolina is given specific authority to enforce these covenants to the extent necessary to cause compliance with the impervious surface limitation of the North Carolina coastal storm water regulations, and the State of North Carolina is specifically granted authority to enforce these Protective Covenants for such purpose, with remedies available to the Sate of North Carolina including, but not limited to, the remedy of specific performance.
8. SETBACKS. All setback and building restriction areas, and allowable building area, as shown on the recorded subdivision plat of the Subdivision, shall be incorporated herein by reference.
9. AMENDMENTS. these Protective Covenants shall continue in full force and effect until 12:00 noon on January 1, 2008, at which time is shall automatically extend for additional 10 BOOK PAGE 2449 0973 successive periods of ten (10) years, unless a document terminating or modifying these Protective Covenants, is recorded prior to any renewal date in the office of the Register of Deeds of New Hanover County, which amendment shall require approval of sixty-seven percent
modifying these Protective Covenants, is recorded prior to any renewal date in the office of the Register of Deeds of New Hanover County, which amendment shall require approval of sixty-seven percent (67%) of the Lots subjected to these Protective Covenants (including any amendments hereto).
10. BINDING EFFECT. All covenants, restrictions, reservations, easements and privileges contained herein shall run with the land and the grantee, by accepting any deed to any portion of such land described herein, accepts the same subject to these Protective Covenants and its terms and conditions and agrees for himself, his heirs, successors and assigns, to be fully bound by each and all of the terms and conditions of these Protective Covenants, jointly, separately, and severally.
11. RESERVATION OF RIGHTS. Declarant hereby reserves the right to utilize all streets and roads within the Subdivision for purposes of ingress and egress to Lots within such Subdivision owned by it, or for purposes of providing access to other contiguous properties owned by it. This right shall be assignable by Declarant to successors in interest to it of other contiguous properties. Any utility easements reserved as shown on any recorded plat (and all roadways shall be deemed for this purpose a utility easement) shall be available for utilization by Declarant, authorized utility companies, or by the owner of any Lot within SCOTTS HILL BLUFF, for purposes of providing utility services or necessary drainage, but only upon approval of the Association given by its Board of Directors.
12. RESUBDIVISION. No resubdivision of any single Lot shall be allowed, if any resulting Lot will be smaller in size than any of the Lots resubdivided, prior to resubdivision.
its Board of Directors.
12. RESUBDIVISION. No resubdivision of any single Lot shall be allowed, if any resulting Lot will be smaller in size than any of the Lots resubdivided, prior to resubdivision.
Nothing contained herein shall prohibit conveyance of more than one Lot, or portions of contiguous Lots, as long as the resulting Lot or Lots are greater in size than those originally subdivided. The deed of conveyance of any such resubdivided or recombined Lots shall restrict the construction thereon to one single family residential home per redivided Lot, so that the maximum number of homes which can be constructed within the Subdivision shall not increase.
Upon the recombination of any Lots to reduce the total number of allowable building Lots within the Subdivision, for purposes of member ship in the Association and for purposes of the payment of dues and assessments, any recombined Lots shall be considered a single Lot. Furthermore, should any Lot be determined by Declarant to be unbuildable, and should such Lot then be deeded to the Association as common area, or dedicated by Declarant as a recreation or open space area for the benefit of the Association, all by document duly recorded in the office of the Register of Deeds of New Hanover County, there shall ge no further dues owed form the date of such recordation; however, any dues prepaid shall not be reimbursed.
13. UTILITY EASEMENTS. There is hereby reserved for the benefit of the Association and the owner of each Lot within the Subdivision a utility, drainage and maintenance easement running parallel to each street a width of 10 feet, and parallel to each side and rear Lot line a width of five feet and adjacent to any body of water (whether natural or manmade) a width
nce easement running parallel to each street a width of 10 feet, and parallel to each side and rear Lot line a width of five feet and adjacent to any body of water (whether natural or manmade) a width of ten feet. Utilization of such easement by anyone other than the Lot owner across which such easement runs shall be made only upon approval of the Board of Directors of the Association.
11 BOOK 2449 PAGE 0974 There is further reserved for the benefit of Declarant and any assignee an easement ten feet in width adjacent to any golf course property. This easement may be utilized by the Declarant or by the owner of the golf course facility for purposes of construction and maintenance, and no improvements or plantings shall be made by the owner of any Lot within such easement area.
14. MINOR AMENDMENT. Declarant, or its successor or assign, shall be allowed to amend these Protective Covenants, notwithstanding any other provision contained herein, and without joinder of any other party, for the purpose of correcting any discovered error contained herein, clarifying any ambiguity contained herein, or adding or deleting any incidental provisions deemed in the sole discretion of Declarant to be in the best interest of the Subdivision, and the owner therein. This right may be exercised, and shall be effective, only upon the recordation of a "Corrected Declaration" in the office of the Register of Deeds of New Hanover County, which Corrected Declaration shall specifically reference this document, and the provision impacted.
15. RULES. The Board of Directors may from time to time establish rules for use of any property within the Subdivision in order to protect the value of Lots, the aesthetic qualities
rovision impacted.
15. RULES. The Board of Directors may from time to time establish rules for use of any property within the Subdivision in order to protect the value of Lots, the aesthetic qualities of the Subdivision and the tranquility of the owners of Lots. Said rules may include, but are not limited to, reasonable restrictions on pets, rental use of homes, and parking of cars, trailer, boats, campers and other vehicles on Lots and streets. All such rules shall be effective after written notice of adoption is mailed to the record owners of all Lots. All such rules shall be enforceable as though set out within these Protective Covenants.
16. FEES AND BONDS. The Board of Directors is specifically authorized, but is not required, to charge application or processing fees for approval of plans, and to require the posting of reasonable bonds or deposits prior to commencement of construction to protect the Association against damage to streets or other common area or costs incurred in causing correction of any construction or site work performed otherwise and in accordance with approved plans.
180 IN TESTIMONY WHEREOF, said parties have caused this instrument to be executed in their corporate name by their corporate officers, and their corporate seals to be hereto affixed, all by order of their Board of Directors first duly given, this the day and year first above writ GEWRIGH SCOTTS HILL JOINT VENTURE BY: JG WRIGHT & ASSOCIATES, INC.
CORPO VEPROLINA NON ORPORATE SEAL USB Рокне блиник ATTEST Penne S. Niemeyer, Asst./Secretary BY: 12 Vice President CORPOR CORPORATE SEAL ATTEST: BOOK PAGE 2449 0975 Mary Elizabeth Smerko, Secretary STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER SALT MARSH DEVELOPMENT, INC.
Puff President I.
STEVEN F. SIEGEL
esident CORPOR CORPORATE SEAL ATTEST: BOOK PAGE 2449 0975 Mary Elizabeth Smerko, Secretary STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER SALT MARSH DEVELOPMENT, INC.
Puff President I.
STEVEN F. SIEGEL a Notary Public for New Hanover County and North Carolina, certify that Penne S. Niemeyer personally came before me this day and acknowledged that she is Asst. Secretary of JG WRIGHT & ASSOCIATES, INC., a North Carolina Corporation, and that by authority duly give and as an act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by Penne S. Niemeyer as its Asst. Secretary.
Witness my hand and official stamp or seal, this 13+4 day of October, 1998.
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Notary Public STEVEN F SIEGEL Notary Public/ State of North Carolina New Hanover County Commission Expires August 29, 2000 STEVEN F. SIEGEL a Notary Public for New Hanover County and North Carolina, certify that Mary Elizabeth Smerko personally came before me this day and acknowledged that she is Secretary of SALT MARSH DEVELOPMENT, INC.. a North Carolina Corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by Mary Elizabeth Smerko as its Secretary.
Witness my hand and official stamp or seal, this 13th day of October, 1998.
Notary Public STEVEN SIEGEL Notary Public State of North Carolina New Hanover County Commission Expires August 29, 2000 13 BOOK PAGE STATE OF NORTH CAROLINA 2449 0976 COUNTY OF NEW HANOVER The foregoing certificates of Steven F. Siegel a Notary Public of the County of New Hanover, State of North Carolina, is cretified to be correct. This the 13
H CAROLINA 2449 0976 COUNTY OF NEW HANOVER The foregoing certificates of Steven F. Siegel a Notary Public of the County of New Hanover, State of North Carolina, is cretified to be correct. This the 13 day of October 1995.1998 REGISTER OF DEEDS MARY SUE OOTS NEW HANOVER COUNTY 14 IT. Patricia Barnes Deputy/Assistant Register of Deeds BOOK PAGE 2449 0977 EXHIBIT "A" K10590019 BYLAWS OF SCOTTS HILL BLUFF 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.
Section 4. NOTICE OF MEETING. Written or printed notices stating the time and place 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 less than a quorum.