BC_19-19_ 1769 (2)

Brunswick County
Local Government
Xr 6. Zz
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environmental Quality and
the Coastal Resources Commission for development in an area of environment concern
pursuant to Section 113A-118 of the General Statutes, "Coastal Area Management"
BC19.19
Permit Number
„r
NORTH CAROLINA
Enviraunenml Quality
Issued to 1769 Harborage Condo Homeowner's Association (%Alan Pavnter) authorizing development in the Estuarine
Shore Area of Environmental Concern (AEC) at 1769 Harborage Drive SW in Ocean Isle Beach NC 28469 as requested
in the permittee's application package, dated 03-Sep-19, and received complete 11-Sep-19. This permit, issued on
23-Sep-19, is subject to compliance with the application and site drawing (where consistent with the permit), all applicable
regulations and special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine,
imprisonment or civil action, or may cause the permit to be null and void.
This permit authorizes: 3'x135' Chain Fence with 4'x4' Wood Posts.
(1) All proposed development and associated construction must be done in accordance with the permitted work plat drawings(s)
dated received on 09-Sep-19.
(2) All construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations,
applicable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and
modification of this permit.
(4) A copy of this permit shall be posted or available on site. Contact this office at [phone] for a final inspection at
completion of work.
(Additional Permit Conditions on Page 2)
This permit must be on the project site and accessible to the permit officer when
the project is inspected for compliance. Any maintenance work or project
modification not covered under this permit, require further written permit
approval. All work must cease when this permit expires on:
December 31, 2022
RECEIVED
SEP 2 5 2nl9
DCM WILMINGTON, NC
Connie Marlowe
CAMA LOCAL PERMIT OFFICIAL
PO Box 249
Bolivia, NC 28422
In issuing this permit it is agreed that this project is consistent with the local Land
Use Plan and all applicable ordinances. This permit may not be transferred to
another party without the written approval of the Division of Coastal
Management.
PERMITTEE
(Signature required if conditions above apply to permit)

tame�is d t �T tana16 cae ry
Minor Permit @C1�ti9
Ca e = '
The'amount, of arnpervtous s�rutce shall riot exceetl �Q°ln of tha , area w�fhitr �� feetof.N6rrrtal ffigh Water
. ;EEstuatne $�o�l,ne Area 9f 1~tt�rontnai��l Crmcai��: it1 �i%s use: �f'aquat� feet.i� aordj
:Onless .flowed in;15A, PfCAC Offl- 09(dand Am opt permitRo
ted pt cleat ngr ailr
developmen�constru�ton shad be ;Ivseted a disfartce ��` 3Q feet tareward ttfNormal High �Vatet;, �� po`riioti of hip
m0foverhang 091[errct ow- h i rtt6 the.3Q foot btiffeiaY
?} At urieo solida#ed m e l result►ng m associated gradjng aW-1 landscapi69 isbaHbo retained on site by effedft
sedlp�entadorr and erosion COntrpt measures = Mor to any leMd i' isturbIng actitrih=es, a Ba ez line Afi filter cloth must
ba lttatslled,tiatweaq fie land 411g. urbing-aet%ty and the iadjacea marsh er uua(te area l unit sttcf� -time albt; Alta
has haen prp�stabilized with ar veedvet �
.Abe prcosed °lot gding within ttie 30' duffer frgrd; the Narmaf� high ul[ataretel rnusl coritouisd to patent
additional stotmwafer no#f°tt tFi adjat nt ma sh. `Tina a ea:s iatll 6a i irhe ie#piyr Vegetative sfabil edi and mus#; ,
rernairl in ia vegetated _state,
:�fl othet dtstudaed area shalt W.,-vegataitvely sfiabili d (plantdd and n ulahed) vintiiiri, t .. s of :ebhq uo#;0"!
. Gotnpleti+am I
—SAT
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Locality
Permit Number ''C' l`l I
Ocean Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other.
(For o,�cialuse only)Tay ("arGe,l aggGkDojjo'
GENERAL INFORMATION
LAND OWNER (�
RS t-1>5 oa.. Name t'7G,q lAa2cSurzn�e
Address _t'7 e, st 4(ra stp at c 8 ca 5 :.
City C.,-(4—State NcC Zip -2,Vi4';A,Phone `yjIo 499 Qc��
Emai`I C3�5G-rPAy:�-ct2 C0— �1'rn4�C.. , Cca•r-�
AUTHORIZED AGENT
Name 0� ... ak
Address k' Lck
City(21 --asNlS,e- fiCYi State mac. Zip ZSK4`1 Phone -1,9r) -e�'C eC—c
Email S i t 5 fr Fray.a Z'CCL[.r q ^At(•
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the
adjacent water od ,) $ a atz = rL St,Jy cci�N •s� cA � ae csW.`�
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) �! r 4 Ire+ «s:5
AC3cac,' -3 �-r 9V8uv_ S'�.t�a].]S7- :pVA."rE` C—kACi.+J `,„pKt: SJ :rwCvz'vN �aR'S Ati..a.art
SIZE OF LOT/PARCEL: square feet acres
PROPOSED USE: Residential g (Single-family ❑ Multi -family E]) Commercial/Industrial Other
COMPLETE EITHER (1) OR (2) BELOW (Contact your Local Permit Officer if you are not sure which AEC applies
to yourproperty):
(1) OCEAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE: square feet (includes
air conditioned living space, parking elevated above ground level, non -conditioned space elevated above ground level but
excluding non -load -bearing attic space)
(2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT
UPON SURFACES: tftf7square feet (includes the area of the roof/drip line of all buildings, driveways, covered decks,
concrete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the project drawing.)
STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater
Management Permit Jissiied by the NC Division of Water Quality?
YES_ NO
If yes, list the total built upon areatimpervious surface allowed for your loo- t o square feet.
f�L C� f +.}tl ��)) Dk r.J 11
SEP 12 2019 SEP 0 9 j0119
DCM WILMINGTON, NC

OTH)ER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA
minor development permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste
treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA
Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and
others. Check with your Local Permit Officer for more information.
STATEMENT OF OWNERSHIP:
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a
person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person
listed as landowner on this application has a significant interest in the real property described therein. This interest can be
described as: (check one)
O�
an owner or recffd title, Title is vested in 1"A ROL,- .op ConAU RD R Yw see Deed Book 6
page I;Lcl l in the f"SW1 (.k County Registry of Deeds.
_an owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in County.
_if other interest, such as written contract or lease, explain below or use a separate sheet & attach to this application.
NOTIFIICATION OFADJACENT PROPERTY OWNERS:
I furthermore certify that the following persons are owners of properties adjoining this property, I affirm that I have given
ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit.
(Name)
� (Address)
(1) `law-; �4eL HoA QolTroSc G3i.G , oc�raa +,s4. :it=ac\a c7c, z�'-lc•ct
(2) Y'nt
+ �i3w♦1o`'l
('j) WtaYNa.pu9 K,'-.i.�y CGti S+,� \ir..'7 • +� ,t +� +. , ,1 �
(4)
(,r'%LSAN.V Ci�Rc�l lrta et �Cwzc. t.. :•'76'i--4 ♦ •• .. v „
6 w
ACKNOWLEDGEMENTS:
I, the undersigned, acknowledge that the land owner is aware that the proposed development is planned for an area which
may be susceptible to erosion and/or flooding. I acknowledge that the Local Permit Officer has explained to me the particu-
lar hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabiliza-
tion and floodproofing techniques.
I furthermore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff,
the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information
related to this permit application.
This the 3`4day of _bar, 20 i 5
kA
`�e�..< -. c,•.1 `� `� S �- iz ��2 �� k
ca
Landowner or person authorized to act as his/her agent for purpose of filing a LAMA permit application
This application includes: general information (this form), a site drawing as described on the back of this application, the
ownership statement, the Ocean HazardAECNotice where necessary, a checkfor $100.00 made payable to the locality, and
any information as may be provided orally by the applicant. The details of the application as described by these sources are
incorporated without reference in anypermit which may be issued. Deviationrp+q�yzd�ails will constitute a violation of
any permit. Any person developing in an AEC without permit is subject to civiirjj, ��cruumn``a''1�`--and administrative ac 'on.;-;.......,
VllkS :.t�%L.i.:
SEP 12 2019 SEP 0 9 2019
OCM WILMINGTON, NC

Project — 1769 Harborage Condo Fence
1769 Harborage HOA is proposing to build a small chain fence along the outer
edge of the Condo property. The small chain fence would go along the marsh line
starting at the east end of the property (abutting the Bent Tree clubhouse/pool
property) and continuing to the west end of the condo property, 135 feet
maximum.
The fence would be completed with 4" by 4" wood or plastic posts sticking about
3 feet above the ground. A white cap would go on top of the post. A continuous
white chain would run from one end to the other.
The primary purpose of this fence would be to keep people and equipment out of
the marsh and define a mowing line at the property /marsh interface. The fence
would not impede any wildlife around the condo area.
The fence would look similar to the picture below except the posts would be
square.
RECEIVED
SEP 12 2019
DCM WILMINGTON, NC

Connie Marlowe
Local Permit Office
Brunswick CountyPlanning Department
PO Box 249
Bolivia, NC 28422
Dear Connie,
Enclosed you will find a CAMA Minor Development Permit Application for the
erection of a post and chain fence to function as the barrier indication between
the rear portion of our property and the start of the marsh. This application is
similar to an application recently submitted by the Bent Tree HOA. The proposed
fence will attach to and be an extension of the fence the Bent Tree HOA has
proposed to build.
The fence we plan on building will be identical to their planned fence with the
possible exception ours will be set back from the marsh by approximately one
foot.
We trust all the information you require is included herein. Should you have
questions please contact me:
Alan Paynter, President
1769 Harborage HOA
1769 Harborage Dr. SW Unit C
Ocean Isle Beach, NC 28469
910 499 4666
[e-mail]
Sincerely �
Alan Paynter
RECEIVED
SEP 12 2019
DCM WILMINGTON, NC

August 31, 2019
Leann Birch/Karl Newell
1767-4 Harborage Dr. SW
Ocean Isle Beach, NC 28469
Dear Leann and Karl,
This letter is to inform you that the 1769 Harborage HOA has applied for a CAMA
Minor Permit on our property at 1769 Harborage Dr. SW, Ocean Isle Beach, NC
28469. As required by CAMA regulations, I have enclosed a copy of the permit
application and project drawing as notification of our proposed project. No action
is required from you or you may sign and return the this letter including your
objection. If you have any questions or comments about our proposed project,
please contact us at 910 499 4666 or by email at the address listed below. If you
wish to file written comments or objections with the Brunswick County CAMA
Minor Permit Program, you may submit the to:
Connie Marlowe
Local Permit Office
Brunswick County Planning Department
PO Box 249
Bolivia, NC 28422
Sincerely,
Alan Paynter, President 1769 Harborage HOA
1769 Harborage Dr. SW Unit C
Ocean Isle Beach, NC 28469
sunsetpaynter @gmail.com
Copies To:
Michael and Martha McCall 1767-1
Wayne and Kelly Cobb 1767-2
Preston and Betty Kelly 1767-3
Leann Birch/Karl Newell 1767-4
Bent Tree HOA Po Box 6366, OIB
RECEIVED
SEP 12 2019
DCM WILMINGTON, NC

Project Number
Payment Date
Payment Method
Payment Amount
Check Number
Brunswick County Central Permitting
75 Courthouse Drive, Bolivia, NC 28422
[phone]
Receipt for Permits! Planning
460011
9/11 /2019
CHECK
$100.00
1154
I
dhriaE
yj ye
RECEIVED
SEP 12 Z019
DCM WILMINGTON, NC

Brmmwick County —Register of Deeds
Robert J. Robinson
Inst 1143416 Book 1691Page 1291
01/28/2003 12:14:56pm Rect 13Z55u
STATE OF NORTH CAROLINA DECLARATIOcTCTtUT1N,T-S '---
--`l—
CONDOMINIUM UNDER PROVISION$,
OF CHAPTER 47C OF THE GENERAL
STATUTES OF THE STATE OF NORTH
' CAROLINA
COUNTY OF BRUNSWICK 1769 HARBORAGE RpP _
TOTAL 18 TCk
RECI_CBA,MTfRRCFJ 3�1
CASH -
REF -By -Ns
THIS DECLARATION is made this a"' day of 7��nu> •`'%
Rar 3 , by ELCO Properties, LLC, a North Carolina Limited Liability
Company, ("Declarant") pursuant to the North Carolina Condominium Act,
Chapter 47C of the General Statutes of North Carolina.
WITNESSETH:
WHEREAS, Declarant u the owner in fee simple of certain real property
located in Brunswick County, State of North Carolina, and more particularly
described in paragraph 1.16 below; and
WHEREAS, Declarant is the owner of One (1) condominium type building
consisting of Six (6) units being constructed upon the aforesaid property, and it is the
desire and the intention of the Declarant to divide the property into "condominium
units" or "units" as those terms are defined under the provisions of the North
Carolina Condominium Act, and to sell and convey the same to purchasers subject to
the covenants, conditions, easements, restrictions, and other encumbrances herein
reserved to be kept and observed; and
WHEREAS, Declarant desires and intends by the riling of the Declaration to
submit the property described in paragraph 1.16 below and the One (1) building
consisting of Six (6) units located thereon and all other improvements constructed
thereon, together with all appurtenances thereto, to the provisions of the North
Carolina Condominium Act (Chapter 47C of the North Carolina General Statutes).
Plats and plans for condominium appear of record in Plat Book 0534, Page 0952;
NOW THEREFORE, the Declarant does hereby publish and declare that all
the property described in paragraph 1.16 below is now and shall be held, conveyed,
hypothecated, encumbered, used, occupied and improved subject to the following
division, covenants, conditions, restrictions, uses, limitations and obligations, all of
which are declared and agreed to be in furtherance of a plan for the improvement of
said property and the division thereof into condominium units and shall be deemed
to run with the land and shall be a burden and a benefit to Declarau4 his heirs and
assigns, and any person acquiring or owning any interest in the real property and
improvements, their grantees, successors, heirs, executors, administrators, devisees
and assigns.
RECEIVED
SH 12 2019
OCM WILMINGTON, NC

Inst i 143416 Book 1691P119e: 1292
ARTICLE
DEFTNITIONS
Definitions. As used herein, the following words and terms should have the
following meanings:
I.I. Act. The North Carolina Condominium Act, Chapter 47C of the General
Statutes of North Carolina.
1.2. Additional Real Estate. Additional real estate may be added to the
condominium for future phases or for the use as appurtenances or future phases.
1.3. Association. The 1769 Harborage Condominium Homeowners'
Association, Inc., a non•proGt corporation.
1.4. Board. The Board of Directors of 1769 Harborage, Condominium
Homeowners' Association, Inc.
1.5. Bylaws. The Bylaws of the Association which are hereby incorporated
herein and made a part hereof by this reference, Exhibit A
1.6. Common Elements. All portions of the condominium except the units.
Limited common elements are common elements.
1.7. Common Expenses. Expenditures are made or liabilities incurred by or
on behalf of the Association, together with any allocations to reserves.
1.8. Condominium. Real estate, portions of which are designated for separate
ownership and the remainder of which are designated for common ownership solely
by the owners of those portions. Real Estate is not a condominium unless the
undivided interests in the common elements are vested in the unit owners.
1.9. Declarant. ELCO Properties, LLC, a North Carolina Limited Liability
Company.
1.10. Declarant Control Period. The period of time commencing on the date
hereof and continuing until the date upon which Declarant surrenders control of the
Condominium.
1.11. First btorteaee and First Mortgagee. A first mortgage is a mortgate or
deed of trust which has been recorded so as to give construction notice thereof and
which is a first lien on the units described therein. A first mortgagee is the holder,
from time to time, of a first mortgage as shown by the records of the Brunswick
County Registry, including a purchaser at foreclosure sale upon foreclosure of a
first mortgate until expiration of lbe mortgagor's period of redemption. If there be
2.
RECEIVED
SEP 12 2019
DCM WILMINGTON, NC

Irut a 143416 Book 1691Pag,: 1293
more thaa one (1) bolder of the first martgate, they shall be cousidcred-as ancTact as
one (1) first mortgagee for all purposes under this Declaration and the Bylaws.
1.12. Floor Plans. The floor plans of the condominium are recorded in the
Condominium Plats and Plans Books of the Brunswick County Registry.
1,13. Limited Common Elements. A portion of the common elements
allocated by the declaration or by operation of Section 47C-2-102(2) or (4) for the
exclusive use of one (1) or more but fewer than all the units.
1.14. Occupant. Any person or persons in possession of a unit, including unit
owners, the family members, lessees, guests and invitees of such person or persons,
and family members, guests and invitees of such lessees.
1.15. Person. A natural person, corporation, business trust, estate, trust,
partnersbip, association, joint venture, government, governmental subdivision or
agency, or other legal or commercial entity.
1.16. Prove . The following described real estate, together with all
improvements now or hereafter constructed or located thereon, and all rights,
privileges, easements and appurtenances belonging to or in any pertaining to said
real estate:
See Attached Exhibit C
1.17. Security Holder. Any person owning a security for an obligation in a
unit.
1.18. Special Declarant Rights. There are no special declarant rights.
1.19. Unit. A physical portion of the condominium designated for separate
ownership or occupancy, the boundaries of which are described pursuant to
Section 47C-2-105(a) (5).
1.20. Unit Boundaries. The boundaries of each unit both as to vertical and
horizontal planes, as shown on the Boor plans, are the undecorated surfaces of the
perimeter walls, exterior doors and exterior windows facing the interior of the unit,
the undecorated surfaces of the ceiling facing the interior of the unit, and the
topmost surfaces of the sub -flooring, and include the decoration on all such interior
and topmost surfaces, including without limitation, all paneling, tiles, wallpaper,
paint, finished flooring and any other materials constituting any part of the
decorated surfaces thereof, and also includes all spaces, interior partitions and other
fixtures and improvements within such boundaries.
1.21. Unit Owner. The person or persons, including the Declarant, owning a
unit in fee simple, including contract -for -deed purchasers of a unit, but excluding
contract -for -deed purchasers of a unit who are security holders, and also excluding
all other security holders.
3.
RECEIVED
SEP 12
DCM WILMINGTON, NC

Inst f 143416 Book 1691Page: 1294
ARTICLE H
SUBMISSION OF PROPERTY TO THE ACT
2.1. Submission. Declarant hereby submits the property to the Act
2.2. Name. The property shall hereafter be known as 1769 Harborage.
2.3. Division of Property Into Separately Owned Units. Declarant, pursant to
the Act, and to establish a plan of condominium ownership for the condominium,
does hereby divide the property into One (1) condominium type building consisting
of Six (6) units in each building, and hereby designate all such units for separate
ownership, subject however, to the provisions of paragraph 2.4 hereof.
2.4 Alterations of Units. Subject to the provisions of the Bylaws, a unit may
be altered pursuant to the provisions of Section 47C-2-111 of the Act.
2.5 Limited Common Areas. The limited common elements serving or
designated to serve each unit are hereby allocated solely and exclusively to each unit.
The individually numbered boat slips and access pier to the slips are limited common
elements. The boat slips and access pier are referred to from time to time
collectively as the "Dodo." The numbered boat slips constituting a portion of the
docks are referred to from time to time throughout as "Boat Slips."
The specifically numbered boat slips are allocated to the following units:
Boat Slip Number Unit Number
1
A
2
C
3
B
4
F
5
E
6
D
Limited common elements allocated to Unit or Units as depicted on Exhibit E
The Boat Slips. The use of boat slips is restricted to the owners and owner's guests
of the unit and/or to which the limited common elements are allocated. Following
restrictions apply to slips and will be adhered to by unit owners:
(a) Each slip may have one (1) uncovered boat lift (Installation and
maintenance of boat lift are responsibility of unit owner).
(b) No sewage, whether treated or untreated, shall be discharged
at any time from any boats using docking facility.
(c) At no time shalt more than six(6) vessels be moored or docked
4.
RECEIVED
SEP 12 N19
DCM WILMINGTON, NC

Imt M 143416 Book 1G91Page: 1295
at the facility. The restriction of the number orvessels shall apply to all marine
vessel types, including but not limited to motorboats, sailing vessels and personal
watercraft
(d) Dredging in any manner, including "kicking" with boat
propellers, is not authorized.
(e) Maintenance of the pier (limited common area) shall be
responsibility of Homeowners' Association. All boat lifts and pilings associated with
lift shall be maintained by and kept in order by unit owner assigned to slip.
2.6. Unit Allocations. The allocations to each unit of a percentage of
undivided interest in the common elements, of votes in the Association, and of a
percentage of the common expenses are:
See Attached Exhibit F
The allocation of the undivided interest in the common elements and of the
common expenses is according to the area of each unit The votes in the Association
are equally allocated to each unit
2.7. Encumbrances. To be provided per title insurance policy.
2.8. Condominium Ordinances. The condominium is not subject to any code,
real estate use law, ordinance, charter provision or regulation (i) prohibiting the
condominium form of ownership or (ii) imposing conditions or requirements upon a
condominium which are not imposed upon physically similar developments under a
different form of ownership. This statement is made pursuant to Section 47C-1.106
of the Act for the purpose of providing marketable title to the units in the
condominium.
2.9. Reservation of Special Declarant Riehts. Declarant hereby reserves no
special Declarant rights.
ARTICLE III
ADDITIONAL REAL ESTATE,
Declarant reserves and retains the right to add additional real estate,
additional units, appurtenances or phases to any of the property of the
condominium.
ARTICLE IV
EASEMENTS
4.1. Encroachments. In the event that, by reason of the construction,
5.
RECEIVED
SEP 12 20?9
DCM WILMINGTON, NC

Inst 1 143416 hook 1691Page: 1296
reconstruction, rehabilitation, all era tion or improvement of the buildings or
improvements comprising a part of the property, any part of the common elements
now or hereafter encroaches upon any part of any unit, or any part of any unit now
or hereafter encroaches upon any part of the common elements or upon any part of
another unit, an easement for the continued existence and maintenance of each such
encroachment is hereby declared and granted and shall continue for so long as each
such encroachment exists; provided that in no event shall an easement for such
encroachment be created if such encroachment is detrimental to or interferes with
the reasonable use and enjoyment of the common elements or units so encroached
upon.
4.2. Easement Through Walls. Easements are hereby declared and granted
to the Association as to such persons are authorized by the Association to install, lay,
maintain, repair and replace any chutes, flues, ducts, vents, pipes, wires, conduits
and other utility installations and structural components running through the walls
of the units, whether or not such walls lie in whole or in part within the boundaries
of any such unit
4.3. Easements to Repair, Maintain. Restore and Reconstruct Wherever in,
and whenever by, this Declaration, the Bylaws or the Act, a unit owner, the
Association, the Board or any other person, is authorized to enter upon a unit or the
common elements to repair, maintain, restore or reconstruct all or any part of a unit
or the common elements, such easements as are necessary for such entry and such
repair, maintenance, restoration or reconstruction are hereby declared and granted.
4.4. Declarant's Easement. Declarant hereby reserves such easements
through the common elements as may be reasonable and necessary for the purposes
of discharging its obligation and completing the development and construction of the
condominium, or future phases, which easements shall exist as long as reasonably
necessary for such purposes.
4.5. Easements to Run With Land. All easements and rights described in this
Article IV are appurtenant easements running with land, and except as otherwise
expressly provided in this Article IV shall be perpetually in full force and effect, and
shall inure to the benefit of and be binding upon Declarant, the Association, unit
owners, occupants, security bolders and any other person having any interest in the
condominium or any part of any thereof. The condominium and every part thereof
shall be conveyed and encumbered subject to and together with all casements, and
rights described in this Article IV, whether or not specifically mentioned in any such
conveyance or encumbrance.
ARTICLE V
RESTRICTIONS, CONDITIONS AND COVENANTS
5.1. Compliance with Declarntion Bylaws nod Rules and Regulations. Each
unit owner and occupant shall comply with all applicable provisions of the Act, this
Fit
RECEIVED
SEP 12 2W4
DCM WILMINGTON, NC

Inst t 143416 Book 1691Page: 1297
Declaration and the Bylaws as may he amended: Failure to comply s6alf tie grounds - -
for an action by the aggrieved unit owner, or any person adversely affected, for
recovery of damages, injunction or other relief.
5.2. Administration of Condominium. The Condominium shall be
administered in accordance with the provision of the Act, this declaration and the
Bylaws.
5.3. Use Restricted.
(a) The Units shall be occupied and used by unit owners and
occupants for residential purposes only.
(b) Each Unit will be permitted to display one (1) standard size
realtor sign. No other window displays or advertising shall be maintained or
permitted by any unit owner or occupant on any part of the condominium without
prior written consent of the Board. Declarant, however may post temporary
"For Sale" signs on the properties until such time as all units owned by Declarant
have been sold.
5.4. Ifazerdous Use and Waste. Nothing shall be done to or kept in any unit
or the common elements that will increase any rate of insurance maintained with
respect to the condominium without prior written consent of the Board. No unit
owner or occupant shall permit anything to be done to or kept in his unit or the
common elements that will result in the cancellation of insurance maintained with
respect to the condominium, or that would be in violation of any law, or that will
result in the commitment of waste (damage, abuse or destruction) to or in his unit or
the common elements.
5.5. Alterations of Common Elements. No unit owner or occupant, except
Declarant during the Declarant control period, shall alter or construct anything
upon or remove anything from the common elements, or paint, decorate, landscape
or adorn any portion of the common elements, without prior written consent of the
Board.
Units A, B, C, and D may change deck off of Muster Bedroom/Suuroam to a
screened porch. Materials shall be treated lumber and aluminum screening. All
wooden material shall be pointed the color of exterior siding of condominium
building and the screening will be "Charcoal' color. All expenses for completion
and maintenance of screening and wooden frame will be responsibility of unit owner
or owners.
Units F and E may install a retractable awning for use on deck off of Master
Bedroom/Sunroom. Encasement for awning shall be mounted over the exterior of
the Master Bedroom windows. Awning end awning frame shall be white in color.
Installation and maintenance will be the responsibility of unit owner or owners.
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Units A, B, C, D, E, and F may install front storm door if they so choose.
Door must be aluminum or vinyl coating with full view window with replaceable
screen, White color only. All expenses for installation and maintenance will be the
responsibility of Unit owner or owners.
5.6. Pets. No animals, livestock, or poultry of any kind shall he kept or
maintained in any unit or in any dwelling except that dogs, cats or other common
household pets may be kept or maintained provided they are not kept or maintained
for commercial purposes. All applicable laws and regulations concerning licensing,
control or restraint, and health, with respect to domestic animals, must be complied
with. Further, the Association, acting by and through it Board of Directors, may
require any owner or other occupant of any unit to remove and dispose of any
animal which said Board, in its sole discretion, finds to be vicious or otherwise
dangerous to persons or property. No dogs or cats shall be allowed to run at large
within the development.
5.7. Use of Common Area. The Common Area shall not be used in any
manner except as shall be approved or specifically permitted by the Association;
provided, however, that so long as Declarant owns any units, Declarant shall have
the exclusive right to use parts of Common Arcs for sales purposes, including,
without limitation, promotional activities.
5.8. Vehicles and Parking. Declarant will provide parking space for each
unit and will assign such parking space to the purchasers of units at the time of sale.
No motor home, mobile home, travel trailer, camper, nor any truck larger than a
pickup truck, may be parked, kept, stored or maintained anywhere in the
Development.
5.9. Rules and Regulations. In addition to the foregoing restrictions,
conditions and covenants concerning the use of the condominium, reasonable rules
and regulations not in conflict therewith and supplementary thereto may be
promulgated and amended from time to time by the Board or the Association, as
more fully provided in the Bylaws.
5.10. Restrictions. Conditions and Covenants to Run with Land. Each unit
owner and occupant shall be subject to all restrictions, couditions and covenants of
this Declaration, and all such restrictions, conditions and covenants shall be deemed
to he covenants running with the land, and shall bind every person having any
interest in the property, and shall inure to the benefit of every uwnER.
ARTICLE VI
ASSESSMENTS
6.1. Creation of the Lien and Personal Obligation for Assessments. The
Declarant for each unit owned within the properties, hereby covenants, mad each
owner of any unit by acceptance of a deed therefore, whether or not it shall be so
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expressed in such deed, is deemed to covenant and agree to pay to -the Association --
annual assessments or charges and special assessments for capital improvements,
established and collected as hereinafter provided. The Board has the power to levy
assessments against the units for common expenses. Such assessments shall he a lien
on the units against with they are assessed, and if any payment thereof becomes
delinquent, the lien may be foreclosed and the unit sold, or a money judgment
obtained against the persons liable therefore, all as set forth in the Bylaws.
Assessments shall be due and payable in monthly installments. An assessment shall
be deemed levied against a unit upon conveyance of ownership by Declarant.
Declarant shall pay all accrued expenses of condominium until such time unit
ownership is conveyed.
6.2. Purpose of Annual Assessments. The annual assessments levied by the
Association shall be used as follows:
(a) to keep the Common Area clean and free from debris and to
maintain any amenities located tbereon in a clean and orderly condition and to
maintain the landscaping thereon in accordance with the highest standards for
private parks including necessary removal and replacement of landscaping;
(b) to pay all ad valorem taxes levied against the Common Area and
any property owned by the Association, or any property given casement to the
Association by the Declarant.
(c) to pay the premium on all hazard and flood insurance carried by
the Association on the Common Area and all public liability insurance carried by the
Association pursuant to the Bylaws;
(d) to pay all legal, accounting and other professional fees incurred by
the Association in carrying out its duties as set forth herein or in the Bylaws.
(e) to maintain a contingency reserve to fund anticipated or
unanticipated expenses of the Association.
(f) to maintain, operate, and repair the Cluster Sewer System in
accordance with laws, rules and the conditions of the permit issued by the
Brunswick County Health Department
(g) to pay the uniformed Annual Charge of the Bent Tree Plantation
Home Owners' Association, Inc. dues. Every person upon acquiring title to property
in 1769 Harborage shall automatically become a member of Bent Tree Home
Owners' Association, Inc. thus affording all property owners and their invitees and
guests use and enjoyment of the amenities.
6.3. Annual .Assessment Until January 1st, of the calendar year following
the conveyance of the first unit by the Declarant to another Owner, the maximum
annual assessment for each Unit shall and shall be due and payable in
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monthly installments.
(a) The annual assessments established above may be increased or
decreased effective January 1st of each calendar year following the conveyance of
the first unit by the Declarant to another owner, without a vote of the membership,
provided that the increase or decrease not exceed the amount resulting from the
actual budgeted expenses for operation of the Association hasf�d on previous year's
actual expenses. A Purposed Budget is attached as Exhibit=.
(b) From and after January 1st of the year following the conveyance
of the first unit by Declarant to another owner, said maximum annual assessments
may be increased without limitation if such increase is approved by Members
entitled to no fewer than fifty-one (51%) percent of all of the votes to which all
members are entitled. Such voting may be represented in person or by proxy at a
meeting duly called for this purpose.
6.4. Special Assessments for Capital Improvements. In addition to the
annual assessments authorized above, the Association may Levey 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, repair or
replacement of a capital improvement upon the Common Area, including futures
and personal property related thereto, provided that any such assessment requires
the same assent of Members as provided in Annual Assessment, (b) of this Article.
6.5. Assessment Rate. Both annual and special assessments must be fixed at a
uniform rate for all units.
6.6. Date of Commencement of Annual Assessment: Due Dates. The annual
assessments provided for herein shall commence m to all Units on the day title is
conveyed to the owner; at which time the Association is conveyed all CommonAreas.
The first annual assessment shall be adjusted according to the number of days
remaining in the calendar year. The Board of Directors shall fix the amount of the
annual assessment against each unit at least thirty (30) days in advance of each
annual assessment period. Written notice of the annual assessment shall be sent to
every owner. The due dates shall be established by the Board of Directors. 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 unit have been paid. A properly executed certificate of the Association as
to the status of assessments on a unit is binding upon the Association as of the date of
its issuaoce.
6.7. Efrect of Nonpavment of Assessment, Remedies of the Association. Any
assessment not paid within thirty (30) days after the due date shall bear interest
fro nthe due date at the rate of eighteen percent (18%) per annum. In addition to
such interest ebsrge, the delinquent owner shall also pay such late charge as may
have been theretofore established by the Board of Directors of the Association to
defray the costs arising because of late payment The Association may bring an
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Inst 1 143416 Book 1691Page: 1301
action at law against the delinquent owner or foreclose the lien against tfie unit; and --
interest, late payment charges, costs and reasonable attorney's fees of such action or
foreclosure shall be added to the amount of such assessment
6.8. Personal Liability of Transferees:Statement;l,iability of First Mortgagee
(a) The personal obligation for assessments which are delinquent at
the time of the transfer of a unit shall not pass to the transferee of said unit unless
said delinquent assessments are expressly assumed by said transferee, and further
provided that Transferee and/or Transferee's Closing Agent makes written inquiry
to Association to determine the status of association dues and/or assessments prior to
conveyance of any uniL
(b) Any transferee referred to in (a) above shall be entitled to a
statement from the Board, pursuant to the Bylaws and such transferee's unit shall
not be subject to a lien for any unpaid assessments against such unit in excess of the
amount therein set forth.
(c) Where a mortgage or trustee under a deed of trust or other person
claiming through such mortgagee or trustee, pursuant to the remedies provided in a
mortgage or deed of trust, or by foreclosure or by deed, or assignment, in lieu of
foreclosure, obtains title to a unit, the liability of such mortgagor or other person for
assessments shall be only for the assessments, or installments thereof, that would
become delinquents, if not paid, after acquisition of title. For purposes hereof, title
to a unit shall be deemed acquired by foreclosure upon expiration of the applicable
period of redemption.
(d) Without releasing the transferor from any liability therefore, any
unpaid portion of assessments which is not a lien under (b) above, or resulting as
provided in (c) above, from the exercise of remedies in a mortgage or deed of trust,
or by foreclosure thereof or by deed, or assignment, in lieu of such foreclosure, shall
be a common expense collectible from all unit owners, including the transferee under
(b) above and the mortgagor or trustee or such other person under (c) above who
acquires ownership by foreclosure or by deed, or assignment in lieu of foreclosure.
6.9. Prohibition of Exemption from Liability for Contribution Toward
Common Expenses. No unit owner may exempt himself from liability for his share
of the common expenses assessed by the Association by waiver ofthe use or
enjoyment of any of the common elements or by abandonment of his unit or
otherwise.
6.10. Off -site Cluster Sewage Systems. The Developer, herein Declarant,
shall construct the offsite cluster sewage systems serving the property in
accordance with the permit, applicable rules, and plans and specifications hereafter
issued and approved by the Brunswick County Health Department; and shall
thereafter properly maintain, and repair such systems in accordance will, applicable
permit provisions, rules and laws until the entire system has been transferred to the
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Inat p 143416 Hook 1691Page: 1302
Association, or abandoned, as herein provided, whichever occurs first. The
Declarant shall give to the Association easement to the property on which Cluster
Sewer System is located and the Association shall be responsible for all property
taxes levied against such by City and County and shall maintain property as Limited
Common Area.
(a) The Declarant shall not transfer ownership of the off -site cluster
sewage system to the Association until the system has been inspected, permitted, and
determined to be operating in accordance with applicable rules and permit
conditions as determined by the Brunswick County Health Department
(b) The Association will assume full ownership of the off -site cluster
sewage system upon conveyance to it by the Declarant and shall thereafter properly
maintain, operate, and repair the system in accordance with laws, rules and the
conditions of the permit issued by the Brunswick County Health Department The
Association shall levy and collect the assessments provided for in its bylaws,
including not limited to, special, specific or village assessments applicable only to the
property described herein, or the units served by said off -site cluster sewage
systems; and, in the event that realized by the levy of such assessments shall not be
adequate to maintain, operate, and repair the system as required by laws and
conditions of the permit, the Association shall take such action as is necessary to
secure funds adequate for such purposes.
(c) In the event of the development of a county sewage collection,
treatment and disposal system, by the Regional Sewer Authority or some other
public agency, or the development of a central sewage collection, treatment and
disposal system by the Declarant either of which system is available to and serving
the property, then the off -site cluster systems describ ed herein will no longer be
utilized. The owners of the units served by said off -site cluster systems will be
required to connect to and utilize private central sewage system or county sewage
system, as the case may be, and as soon as the connection of each unit to the county
sewage system or private central sewage system is completed and functioning, the
off -site cluster sewage system service for the unit served shall be abandoned and the
rights and obligations of the parties hereto, including the Association's easement to
property, with regard to the off -site cluster sewage system shall be automatically
terminated.
(d) The sewage collection, treatment and disposal system is a common
area or limited common area, as described on Exhibit H , and will receive
priority for expenditures by the Association, second only to Federal, State and Local
taxes and insurance costs.
(e) Upon dissolution of the Association, provision shall he made for
the continued proper operation, maintenance, and repair of its sewage collection,
treatment and disposal system.
(f) The Association, except upon dissolution, or as provided herein,
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shall not transfer, convey, assign, or otherwise retmquisti orrelease iie responsibility
for the operation, maintenance, and repair of its sewage collection, treatment and
disposal system.
6.11. Leenl Fees. In any action under this section, the Association shall have
the right to empty attorney(s) to make claim, demand, file lien or institute litigation
and may incur up to MOM in legal expenses chargeable to the unit owner whether
the lien is filed or not. Failure to pay such attorney(s) fees shall constitute a default
for which all actions under this section shall be authorized.
ARTICLE VII
MANAGEMENT MAINTENANCE REPAIRS REPLACEMENTS
ALTERATIONS AND LNtPROVEMENTS
7.1. Common Elements.
(a) By the Association. The management, replacement, maintenance,
repair, alterations and improvements of the common elements shall be the
responsibility of the Association, and subject to the provision of paragraph 7.2
hereof, the costs thereof shall be a common expense to the extent not paid by unit
owners pursuant to paragraph 7.1 (b) hereof. All damage caused to a unit by any
work on or to the common elements done by or for the Association shall be repaired
by the Association, and the cost thereof shall be a common expense.
(b) By Unit Owners. Each unit owner shall pay all costs to repair and
replace all portions of the common elements that may become damaged or destroyed
by reason of his intentional acts or the intentional acts of any occupant of his unit
Such payment shall be made upon demand made by the Association.
7.2. Common Expenses Associated with Limited Common Elements or
Benefittine Less Than All Units.
(a) Any common expense associated with the maintenance, repair or
replacement of a limited common element shall be assessed against the unit, or in
equal shares to the units, to which such limited common element was allocated at the
time the expense was incurred.
(b) In addition, the Association may assess any common expense
benefitting less than all of the units against the units benefitted in proportion to their
common expense liability.
7.3. Units. Each unit owner shall maintain his unit at all times in good and
clean condition, and repair and replace at his expense, all portions of his unit; shall
perform his responsibilities in such manner as not to unreasonably disturb other
occupants; shall promptly report to the Board, or its agents, any defect or need for
repairs the responsibility for which is that of the Association; and, to the extent that
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such expense is not covered by the proceeds of insurance carried by the Association,
shall pay all costs to repair and replace any portion of another unit that has become
damaged or destroyed by reason of his own acts or omissions, or the acts or
omissions of any occupant of his unit Such payment shall be made upon demand by
the unit owners of such other unit. Nothing herein contained shall modify any
waiver by insurance companies of rights of subrogation.
7.4. Waiver of Claims. Except only as provided in paragraphs 7.5 (a) and
(b), the Association agrees that it shall make no claim against a unit owner or
occupant, and each unit owner and occupant agrees that he shall make no claim
against the Association, the members of the Board, Officers of the Association, or
employees or agents, or any thereof, or against any manager retained by the Board,
or his or its officers, directors, employees or agents, or other unit owners or
occupants, for any loss or damage to any of the property, or to a unit or personal
properly therein, even if caused by the omission or neglect of any one or more of
such persons, and all such claims are hereby waived and released; provided, that
this waiver shall not apply to any such loss or damage due to intentional acts.
7.5. Bieht of Entry
(a) By the Association. The Association, and any person authorized
by the Association, may enter any unit or any of the limited common elements in
case of any emergency or dangerous condition or situation originating in or
threatening that unit or any of the limited common elements. The Association, and
any person authorized by the Association, after reasonable notice to a unit owner or
occupant, may enter that unit or any of the limited common elements for the
purposes of performing any of the Association's duties or obligations or exercising
any of the Association's powers under the Act, this Declaration or the Bylaws with
respect to that or any other unit any limited common elements. Notwithstanding
paragraph 7.4, the Association shall be responsible for the repair of any damage
caused by the Association or its authorized person to the entered unit, and the cost
thereof shall be a common expense. All such entries shall be made and done so as to
cause as little inconvenience as possible to the unit owner and occupant of the
entered unit or any portion of the limited common elements allocated to the unit
owner.
(b) By Unit Owners. Each unit owner and occupant shall allow other
unit owners and occupants, and their representatives, to enter his unit, or limited
common elements allocated to his unit, when reasonably necessay for the purpose of
altering, maintaining, repairing or replacing the unit of, or performing the duties
and obligations under the Act, this Declaration or the Bylaws of the unit owner or
occupant making such entry, provided that requests for entry are made in advance
and such entry is at a time convenient to the unit owner or occupant whose unit or
limited common element is to be entered. In case of an emergency or dangerous
condition or situation, such right of entry shall be immediate. Notwithstanding
paragraph 7.4, the person making such entry shall be responsible for repair of any
damage caused by such person to the entered unit or limited element
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ARTICLE VIII lnst A 143416 Honk 1691Page: 1305
INSURANCE
8.1. Ownership of Policies. All insurance policies upon the condominium
property shall be purchased by the Board of Directors for the benefit of the Board
and the unit owners and their mortgagees as their interests may appear, and
provisions shall be made for the issuance of certificates of mortgage endorsements to
the mortgagees of unit owners. Unit owners may at their option, obtain insurance
coverage at their own expense for Bare Walls policy, personal property, liability and
living expense, and such other coverage as they may desire.
8.2. Coveraee. All buildings and improvements upon the lands and all
personal property included in the common areas and facilities shall be insured in an
amount equal to the maximum insurable replacement value as determined annually
by the Board of Directors with the assistance of the insurance company providing
the coverage. Such coverage shall provide protection against:
(a) Loss or damage by fire, flood and other hazards covered by a
standard extended coverage endorsement; and
(b) Such other risks as from time to time shall be customarily covered
with respect to buildings similar in construction, location and use as the buildings on
the land.
8.3. Public Liability Insurance. Public liability insurance shall be secured by
the Board of Directors in such amount and with such coverage as shall be deemed
necessary by the Board of Directors including, but not limited to, an endorsement to
cover liability of the unit owners as a group to a single unit owner. There shall also
be obtained such other insurance coverage as the Board of Directors shall determine
from time to time to be desirable and necessary.
8.4. Premiums. Premiums upon insurance policies purchased by the Board
of Directors shall be paid by the Board of Directors as a common expense.
9.5. Proceeds. All insurance policies purchased by the Board of Directors
shall be for the benefit of the Board of Directors and the unit owners and their
mortgagees as their interests may appear, and shall provide that all proceeds thereof
shall be payable to the Board as insurance trustee under this Declaration. The sole
duty of the Board of Directors as insurance trustee shall be to receive such proceeds
as are paid and to hold the same in trust for the puposet elsewhere stated herein or
stated in the Bylaws and for the benefit of the unit owners and their mortgagees in
the following shares:
(a) Proceeds on account of damage to common areas and facilities and
undivided share for each unit owner, such share being the same as each unit owner's
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Inst 1 143416 Book 1691Pa9e: 1306
undivided interest inthe common areas and facilities.
(b) Proceeds on account of damage to units shall be held in the
following undivided shares:
(i) When a building is to be restored, for the owners of
damaged units in proportion to the cost of repairing the damage suffered by each
unit owner, which cost shall be determined by the Directors.
(ii) When a building is not to be restored, an undivided share
for each unit owner, such share being the same as each unit owner's undivided
interest in the common areas and facilities.
(iii) In the event a mortgage endorsement has been issued to a
unit, the share of the unit owner shall be held in trust for the mortgagee and the unit
owner as their interests may appear.
ARTICLE W
DISTRIBUTION OF INSURANCE PROCEEDS
Proceeds of insurance policies received by the Board of Directors as
insurance trustee shall be distributed to or for the benefit of the beneficial owners in
the following manner:
(a) Expense of the Trust. All expenses of the insurance trustee shall
be first paid or provision made therefor.
(b) Reconstruction or Repair. If the damage for which the proceeds
are paid is to be repaired or recoustructed, the remaining proceeds shall be paid to
defray the cost thereof as provided by Article X hereof. Any proceeds remaining
after defraying such cost shall be distributed to the beneficial owners.
(c) Failure to Reconstruct or Repair. If it is determined as provided
in Article X hereof, that the damage for which the proceeds are paid shall not be
reconstructed or repaired, the remaining proceeds shall be distributed to the
beneficial owners thereof.
ARTICLE X
Except as hereinafter provided, damage to or destruction of a building shall
be promptly repaired and restored by the Board of Directors using the proceeds of
insurance on the building for that purpose and unit owners of a building damaged or
destroyed shall be liable to assessment of any deficiency; provided, unless (i) the
condominium is terminated, (ii) repair or replacement would be illegal under any
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Inst t 143416 Book 169113age: 1307
state or local health or safety statute or ordinance, or (iii) the unit owners decide not
to rebuild. The cost of repair or replacement in excess of insurance proceeds and
reserves is a common expense. If the entire condominium is not repaired or
replaced, (i) the insurance proceeds attributable to the damaged common elements
shall be used to restore the damaged area to a condition compatible with the
remainder of the condominium, (ii) the insurance proceeds attributable to units and
limited common elements which are not rebuilt shall be distributed to the owners of
those units and to the owners of those units to which limited common elements were
allocated or to lien holders, as their interest may appear, in proportion to their
common element interest. If the unit owners vote not to rebuild any unit, that unit's
allocated interests are automatically reallocated upon the vote as if the unit had been
condemned under Section 47C-1-107(s) of the Act, and the Association shall
promptly prepare, execute and record an amendment to the declaration reflecting
the allocations.
Any reconstruction or repair shall be in accordance with the plans and
specifications of the original building, portions of which are recorded in the
Brunswick County Registry; and if not, then according to plans and specifications
approved by the Board of Directors.
ARTICLE XI
CONDEMNATION
In the event of a taking by an eminent domain, or by a conveyance in lieu
thereof, of all or any part of the property, the same shall be repaired or restored,
and the awards paid on account thereof shall be used and applied in accordance with
Section 47C-1-107 of the Act.
ARTICLE XfI
TERMINATTON
The Condominium may be terminated only in strict compliance with
Section 47C-2 118 of the Act.
ARTICLE X11I
AMENDMENT
This declaration may be amended only in strict compliance with the Act,
except that no amendment altering or impairing special declarant rights may be
made without the written consent of the Declarant
ARTICLE XIV
RIGHTS OF FIRST MORTGAGEES:
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VA, FNMA AND FHLMC PROV06N5 — — `--"
The following provisions shall take precedence over all other provisions of
this declaration and the bylaws:
14.1. Availabilitv of Condominium Documents, Books, Records and Financial
Statements. The Association shall, upon request and during normal business hours,
make available for inspection by unit owners and first mortgagees and the insurers
and guarantors of a first mortgage on any unit, current copies of the Declaration,
the Bylaws, other rules and regulations governing the condominium and the books,
records and financial statements of the Association. The Association shall provide
an audited financial statement for the preceding fiscal year if requested in writing
by a Drat mortgagee or insurer or guarantor of a first mortgage. The Association
shall, upon request and during normal business hours, make available to inspection
by prospective purchasers of units, current copies of the Declaration, Bylaws, other
rules and regulations governing the condominium, and the most recent annual
audited financial statement (if one Is prepared).
14.2. Successor's Personal Obligation for Delinquent Assessments. The
personal obligation for assessments which are delinquent at the time of transfer of a
unit shall not pass to the successors in title or interest to said unit unless said
delinquent assessments are expressly assumed by them.
14.3. Rights of Action. The Association and any aggrieved unit owner shall
have a right of action against the Association for failure to comply with the
provisions of this Declaration, the Bylaws and the rules, regulations and decisions of
the Association made pursuant to the authority granted to the Association in this
Declaration and the Bylaws.
14.4. Management and Other Agreements. Any management agreement
between the declarant or the Association and professional manager or any other
agreement providing for services of the developer, sponsor, builder or Declarant
shall be terminable by either party thereto without cause and without payment of a
termination fee upon not more than thirty (30) days prior written notice and shall
not exceed a term of three (3) years, subject to renewal by consent of both parties.
14.5. Right of First Refusal. The right of a unit owner to sell, transfer,
mortgage or otherwise convey his interest in his unit shall be subject to any right of
first refusal.
14.6. Consent of First Mortgagees. This paragraph shall be effective only, if
at the time this section would apply, at least one (I) unit is subject to financing. Any
decision to terminate the condominium for reasons other than substantial
destruction or condemnation of the property shall require the prior written consent
of eligible mortgage holders, as defined in paragraph 14.7 hereof. Except for any
amendment to the Declaration made by declarant in accordance with the provisions
hereof, any amendment to the Declaration or Bylaws which changes any of the
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following shalt require prior written consent of unit owners and eligible mortgage
holders, or such greater requirements specified by the Act or hereunder:
(a) voting rights;
(b) assessments, assessment liens or subordination of such liens;
(e) reserves for maintenance, repair and replacement of
common elements;
(d) responsibility for m iintenace and repairs;
(e) boundaries of any unit;
(f) reallocation of interests in the common elements or limited
common elements or rights to their use;
(g) convertibility of units into common elements or limited common
elements or rights to their use;
(h) expansion or contraction of the condominium or the addition,
annexation or withdrawal of property to or from the condominium;
(i) insurance or fidelity bonds;
(j) leasing of units;
(k) imposition of any restrictions on a unit owners right to sell,
transfer or otherwise convey his unit;
(1) a decision by the Association to establish self management when
professional management had been required previously by an eligible mortgage
holder;
(m) restoration or repair of the condominium (after damage or
destruction or partial condemnation) in a manner other than specified in this
Declaration or the Bylaws;
(n) any action to terminate the legal statue of the condominium after
substantial damage or destruction or condemnation; or
(o) any provisions that expressly benefit first mortgagees or insurers
or guarantors of first mortgages.
14.7. Notice. Each first mortgagee and each insurer or guarantor of a first
mortgage, upon written request stating its name and address and describing the unit
encumbered by the first mortgage, held, insured or guaranteed, shall be entitled to
19.
RECEIVED
SEP 12 ILI I
DCM WILMINGTON, NC

Inst ! 143416 Hook 169IPaget 1311
IN WITNESS WHEREOF, the -Declarant has caused this
instrumentto be signed in its company name by its duly authorized
officers and to be hereunto affixed the day and year above written.
ELCO PRO TIES
A N nalina Limited Liability Co.
BY:
snaggekGGenera
ATTEST:s3..�✓r
Manager OperaLtion
NORTH CAROLINA., A)g—lJ_rJnuPr COUNTY
I, a Notary Pu io of the County and State aforesaid certify that
i�dntla�f lPtsr , personally came before me this day and
acknowledged he is the Manager operation of ELCO Properties, 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 Manager General and attested by
14�0/ F. E14, IgC , as its Manager Operation. Witness my hand
and official stamp or seal, this day of 'SAunLt, 200.
My Commission Expires;
i!/1fr/ny NOT PUBLIC
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
TheForegoing(or annexed) Cedificate(s) of 5ames GodbeV
Notary(lea) Public is (are) Cendied to be Correct.
This lnstrumenwas filed for Registration on this 28th Day of January 2003
t
in the Book and page shown on the First Pago hereof. `
1 46RyfO^__ I .L✓
R013ERT J. ROPINSON. Register o I)
RECEIVED
SEP 12 2019
DCM WILMINGTON, NC

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Brunswick County Planning Department
P.O. Box 249
75 Courthouse Drive N.E., Bldg I
°q ,w Bolivia NC 28422
VIA EMAIL
I1-Sep-19
1769 Harborage Homeowners Association (%Alan Paynter)
1769 Harborage Drive SW Unit C
Ocean Isle Beach NC 28469
RE: Incomplete Application — Additional Information Requested
Project Address: 1769 Harborage Drive SW, Ocean Isle Beach NC 28469
Dear Mr. Paynter:
We originally accepted your application under the impression that it was complete. On
subsequent review, I have discovered that additional information is still needed to complete the
review process. Accordingly, I am requesting that you submit the following additional
information to this office:
• A copy of each individual adjacent property owners' letter.
In accordance with the Department of Environmental Quality regulations, upon submission of a
complete application, a local decision will be made in 12 days, provided this period is not
extended as provided by law.
Please contact me at 910.253.2034 if you have any questions.
Respectfully submitted,
eolrve AY44dwa
Connie Marlowe, LPO
c: Brendan Brock, Wilmington Field Representative
RECEIVED
SEP 12 2019
DCM WILMINGTON, NC
TELEPHONE [phone] • [phone] • FAX [phone]

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August 31, 2019
Bent Tree HOA
PO Box 6366
Ocean Isle Beach, NC 28469
Dear Bent Tree Board of Directors,
This letter is to inform you that the 1769 Harborage HOA has applied for a CAMA
Minor Permit on our property at 1769 Harborage Dr. SW, Ocean Isle Beach, NC
28469. As required by CAMA regulations, I have enclosed a copy of the .permit
application and project.drawing as notification of our proposed project. No action
is required from you or you may sign and return the this letter including your
objection. If you have- any questions or comments about our proposed project, -
please contact us at 9.10 499 4666 or by email at the address listed below. If you
wish to file written comments or objections with the Brunswick County CAMA
Minor Permit Program, you may submit them to:
Connie Marlowe
Local Permit Office
Brunswick County Planning Department
PO Box 249
Bolivia, NC 28422 �
Sincerely,
Alan Paynter, President 1769 Harborage HOA
1769 Harborage Dr. SW Unit C
Ocean Isle Beach, NC 28469
sunsetpaynter @gmail.com
Copies To:
Michael and Martha McCall 1767-1
Wayne and Kelly Cobb 1767-2
Preston and Betty Kelly 1767-3
Leann Birch/Karl Newell 1767-4
Bent Tree HOA Po Box 6366, OIB

August 31, 2019
Michael and Martha McCall
1767-1 Harborage Dr. SW
Ocean Isle Beach, NC 28469
Dear Michael and Martha,
This letter is to .inform you that the 1769 Harborage HOA has applied for a CAMA
Minor Permit on our property at 1769 Harborage Dr. SW, Ocean Isle Beach,. NC
28469. As required by CAMA regulations, I have enclosed a copy of the permit
application and project drawing as notification of our proposed project. No action
is required from you or you may sign and return the this letter including your
objection. If you have any questions or comments about our proposed project,
please contact us at 910 499.4666 or by email at the address listed below. If you
wish to file written comments or objections with. the Brunswick County CAMA
Minor Permit Program, you may submit them to:'
Connie Marlowe
Local Permit Office
Brunswick County Planning Department
PO Box 249
Bolivia, NC 28422
Sincerely,
Alan Paynter, President 1769 Harborage HOA
1769 Harborage Dr. SW Unit C
Ocean Isle Beach, NC 28469
sunsetpaynter @gmail.com
Copies To:
Michael and Martha McCall 1767-1
Wayne and, Kelly Cobb 1767-2
Preston and Betty Kelly 1767-3
Leann, Birch/Karl Newell 1767-4
Bent Tree HOA Po Box 6366, OIB

August 31, 2019
Wayne and Kelly Cobb
1767-2 Harborage Dr. SW
Ocean Isle. Beach, NC 28469
Dear Wayne and Kelly,
This letter is to inform you that the 1769 Harborage HOA has applied for a CAMA
Minor Permit on our property at 1769 Harborage. Dr. SW, Ocean Isle Beach, .NC
28469. As required by CAMA regulations, I have enclosed a copy of the permit
application and project drawing as notification of our proposed project. No action
isrequired from you or you may sign and return the this letter including your
objection. If you have any -questions or comments about our -proposed project,
please contact us at 910 499 4666 or by email at the address listed below. If you
wish to file written comments or objections with. the Brunswick County CAMA.
Minor Permit Program, you may submit them to:
Connie Marlowe
Local Permit Office
Brunswick County Planning Department
PO Box 249.
Bolivia, NC 28422
Sincerely,
Alan Paynter, President 1769 Harborage HOA
1769 Harborage Dr. SW Unit C
Ocean Isle Beach, NC 28469
sunsetpaynter @gmail.com
Copies To:
Michael and Martha McCall 1767-1
Wayne and Kelly Cobb 1767-2-
Preston and Betty Kelly 1767-3
Leann Birch/Karl Newell 1767-4
Bent Tree HOA. Po Box 6366, OIB

11
August 31, 2019
Preston and Betty Kelly.
1767-3 Harborage Dr. SW
Ocean Isle Beach, NC 28469
Dear Preston and,Betty,
This letter is to inform you that the 1769 Harborage HOA has applied for a CAMA
Minor Permit on our property at 1769 Harborage Dr. SW, Ocean Isle Beach, NC
28469. As required by CAMA regulations, I have enclosed a copy of the permit
application and project drawing as notification of our proposed project. No action
is required from you or you may sign and return the this letter including your
objection. If you have any- questions or comments about our proposed- project,
please contact us at 910 499 4666 or by email at the address listed below. If you
wish to file written comments or objections. with the Brunswick County CAMA
Minor Perm.it Program, you may submit them to:
Connie Marlowe
Local Permit Office
Brunswick County Planning Department
PO Bbx 249
Bolivia, NC .28422
Sincerely,
Alan Paynter, President 1769 Harborage HOA
1769 Harborage Dr. SW Unit C
Ocean Isle Beach, NC 28469
sunsetpaynter @gmaiil.com
Copies To:
Michael and Martha McCall 1767-1
Wayne and Kelly Cobb 1.767-2
Preston and Betty Kelly 1767-3
Leann Birch/Karl Newell 1-767-4
Bent Tree HOA Po Box 6366, OIB

J ,
August 31, 2019
Leann Birch/Karl Newell
1767-4 Harborage Dr. SW
Ocean Isle Beach, NC 28469
Dear Leann and Karl,
This letter is to inform you that the 1769 Harborage HOA has applied for a CAMA
Minor Permit on our property at 1769 Harborage Dr. SW, Ocean Isle Beach, NC
28469. As required by CAMA regulations, I have enclosed.a copy of the permit
application and project drawing as notification of our proposed project. No action.
is required from you or you may sign and return the this letter including your
objection. If you have any questions or comments about our proposed project,
please contact us:at 910 499 4666 or by email at the address listed below. If you
wish to file written comments or objections with the Brunswick County CAMA
Minor Permit Program, you may submit them to:
Connie Marlowe
Local Permit Office
Brunswick County Planning Department
PO Box 249
Bolivia, NC 28422
Sincerely;
Alan Paynter, President 1769 Harborage HOA
1769 Harborage Dr. SW Unit C
Ocean Isle Beach, NC 28469
sunsetpaynter @gmail.com
Copies To:
Michael and Martha McCall 1767-1
Wayne and Kelly Cobb 1767-2
Preston and Betty. Kelly 1767-3
Leann Birch/Karl Newell 1767-4
Bent Tree HOA Po Box 6366, OIB