SW8031055_APPROVED PLANS_20040910

STORMWATER DIVISION CODING SHEET
1 _ POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 Q31�5 S
DOC TYPE
❑ CURRENT PERMIT
APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

Brunswick County —Register of Deeds
Robert J. Robinson
Inst #228659 Hook 2008Page 460
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DECLARATION OF PROTECTIVE COVENANTS OF
LANVALE RESIDENTIAL PROPERTY
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK '
THESE PROTECTIVE COVENANTS, made this the 101h day of September,
2004, by Lanvale Corporation, a North Carolina corporation, its successors and assigns, whether
one or more, hereinafter referred to as "DECLARANT".
WITNESSETH:
WHEREAS, DECLARANT is the owner of certain real property in Brunswick
County, North Carolina, which is more particularly described as Wed wood at Lanvale Phase 1 in
that snap recorded in Map Cabinet 3�"ge 538 of the Brunswick County Registry.
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NOW, THEREFORE; DECLARANT hereby declares that all of the properties
described above and any additional property subject Ahese Protective-CaveRafits4�y
Supplemental Declaration shall be held, &old and conveyed subject to The Planned Community
Act, set T611F in Chapter 47F of the North Carolina General Statutes and to the following
easements, restrictions, covenants and conditions, which are for the purpose of protecting the value
and desirability of, and which shall run with the real property and be binding on all parties having
any right, title, or interest in the described properties or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE 1
Definitions
Section 1. Articles shall mean the Articles of Incorporation of LANVALE
OWNERS ASSOCIATION.
Section 2. ' Association shall be used to mean and refer to LANVALE
OWNERS ASSOCIATION, a private non-profit corporation formed or to be formed -by the
DECLARANT primarily as a Homeowners' Association for the property owners in the residential
commimity, all of whom shall be Members of the Association.
Section 3. Bylaws means the Bylaws of LANVALE OWNERS
ASSOCIATION.
Section 4. Common Elements shall mean all real property and facilities owned
by the Association for the common use and enjoyment of the Owners.
Section 5. -:-Common Expenses means and includes actual and estimated
expenses of maintaitung_and operating the Common Elements, including Stom 'ater Retention
Facilities, Conservation and Buffer Areas and landscaped areas within road right of ways and
operating the Association for general purposes, including any insurance, reasonable reserve and
utilities, as may be found necessary and appropriate by the Executive Board pursuant to these
r
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Protective Covenants, the Bylaws and the Articles of Incorporation of the Association, including
the following:
a. All sums lawfully assessed by the Association against its members;
b. Expenses of administration, maintenance, repair or replacement of
the Common Elements and the storrnwater system;
C. Expenses declared to be Common Expenses by the provisions of
these Protective Covenants or the Bylaws;
d. Expenses agreed by the members to be Common Expenses of the
Association; and
Any ad valorem taxes and public assessments levied against the
Common Elements.
Section 6. DECLARANT shall be and refer to Lanvale Corporation, a North
Carolina corporation, its successors and assigns, if such successors or assigns should acquire more
than one undeveloped Lot from the DECLARANT for the purpose of development.
Section 7. Executive Board shall be the elected Executive Board.governing the
Association and managing the affairs `;of the Association.
Section 8. Limited Common Elements shall mean that certain real property
and facilities intended for the exclusive use or primary benefit of one or more but less than all of
the Lots as shown and designated oWany maps of sections of the Subdivision which are or may
be recorded in the Brunswick County Registry or which may be designated in any amendment to
the Protective Covenants annexing additional properties.
Section 9. Limited Common Expenses shall mean and include actual and
estimated expenses of maintaining, operating, repairing, and replacing the Limited Common
Elements, including insurance, reasonable reserves and utilities as may be found necessary and
appropriate by the Executive Board pursuant to these Protective Covenants, the Bylaws and the
Articles of Incorporation of the Association for the benefit of the Limited .Common Elements."
Section 10. Lot shall me d refer to any of the numbered Lots as shown on
the plat of WEDGEWOOD AT ALE P E 1 recorded as aforesaid, in the Brunswick
County Registry together with the s am1 y structure or dwelling, and any other numbered lots
which may be shown on maps which may be recorded in the future showing additional sections of
Lanvale and which are annexed into the Subdivision in accordance with Article 3, Section I and
Articlel0.
Section 11. Member shall mean and refer to each and every person and entity
who or which owns a Lot in LANVALE SUBDIVISION.
Section 12. Misconduct shall have the meaning set forth in Chapter 47F of the
North Carolina General Statutes and in addition shall also include violations of Article 6, Section
lc.; Article 8; Article 9, Sections 6, 7'iand 8b.; and Article 11 herein.
Section 13. Owner; shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including
contract sellers, but excluding those Having such interest merely as security for the performance of
an obligation.
Section 14. Person, shall mean and refer to an individual, corporation, limited
liability company or partnership, partnership or limited partnership, association, trustee, or other
legal entity.
Section 15. Properties shall mean and refer to that certain real property which is
described as WEDGEWOOD AT LANVALE PHASE 1 in that map recorded in Map Cabinet 30,
Page 538 of the Brunswick County Registry and such additions thereto as may hereafter be
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brought within the jurisdiction of the Association.
Section 16. Protective Covenants shall mean this instrument as it may be from
time to time amended or supplemented.
. Section 17. Subdivision means all of that real property known collectively as
LAN -VALE SUDIVISION as shown on that map recorded in Map Cabinet 30, Page 538, of the
Brunswick County Registry and all maps which may be recorded in the future showing additional
sections of LANVALE and which are annexed into the Subdivision in accordance with Article 3,
Section 1 and Article 10.
ARTICLE 2
Property Rights
Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and
easement of enjoyment in and to the Common Elements and every Owner whose Lot has assigned
to it a Limited Common Element shall have a right and easement of enjoyment in and to the
Limited Common Elements which shall be appurtenant to and shall pass with the title to every Lot,
subject to the following provisions:
a. The right to the Association to limit the number of guests of
Members;
b. The right of the Association to suspend the voting rights and right to
use thkommon Elements and the Limited Common Elements and
the recreational facilities by an Owner far any period during which
any assessment against his Lot remains unpaid; and for a period not
to exceed sixty (60) days for any infraction of its published rules and
regulations in accordance with that procedure set forth in Article 1 l;
C. The right of the Association to dedicate or transfer all or part of the
Common Elements and the Limited Common Elements to any
public agency, authority, or utility for such purposes and subject to
such conditions as may be agreed to by the Association;
d. The right of the Association to formulate, publish and enforce rules
and regulations for the use and enjoyment of the Common Elements
and theLimited Common Elements and improvements thereon,
which regulations may further restrict the use of the Common
Elements and the Limited Common Elements and the right of the
Association in accordance with the procedure set forth in Article 4
to establish penalties for.any infractions thereof.
e. The right of the Association, in accordance with its Articles and
Bylaws, to borrow money for the purpose of improving the
Common Elements and the Limited Common Elements and carrying
out its -raintenance responsibilities and in aid thereof to mortgage
said property, and the rights of such mortgages in said properties
shall be subordinate to the rights of the Lot Owners hereunder.
Easements as provided in Article 4 hereof.
Section 2. Delegation of Use. Owner may delegate, in accordance with the
Bylaws, his right of enjoyment to the Common Elements and, if applicable, the Limited Common
Elements to the Members of his family, his tenants, or contract purchasers who reside on the
property.
Section 3. Common Elements. The Common Elements cannot be mortgaged
or conveyed without the consent of at ,least eighty percent (80%) of the Owners, except that
conveyance of certain portions of the common areas to correct alignment of right of ways, permits
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or other development matters may be accomplished by action of the Board of Directors of the
Association if permitted by the Planned Community Act.
ARTICLE 3
DECLARANT'S RIGHTS
Section 1. The DECLARANT hereby reserves the right to annex and subject to
these restrictions the real property which is located within a 1 mile radius of, and is adjacent to and
contiguous with that property described in Map Cabinet 30, Page 538, of the Brunswick County
Registry, in order to extend the scheme of these Protective Covenants to other property to be
developed and. thereby bring such additional Properties within the jurisdiction of the Association.
Each additional parcel or tract of land, with the improvements thereon, or to be placed thereon,
which is subject to these Protective Covenants shall be designated consecutively as "Section 2",
"Section 3", and such other similar designations for anyadditional phases added.
Section 2. The rights reserved by DECLARANT in Section 1 and all annexed
Sections include the right to change, alter or designate Lot(s), roads, utility and drainage facilities
and casements, and to change, alter or; redesignate such other present and proposed amenities or
facilities as may in the sole judgment of the DECLARANT, be necessary or.desirable. The rights
reserved in this Section specifically include the right of DECLARANT to redesignate, change, or
alter any platted Lot(s) into road(s).
ARTICLE 4
Easements
Section 1. Easement&are reserved as necessary in the Common Elements and the
Limited Cornmon Elements for installation and maintenance of underground utilities, drainage
facilities and signage.
Section 2. Every Owner of a Lot within the Subdivision, as an appurtenance to
such Lot, shall have a perpetual easement over and upon the Common Elements within the
Subdivision for each and every purpose or use to which such Common Elements were intended as
determined by their type, or for which such Common Elements generally are used, including, but
not limited to, easement of access, maintenance, repair or replacement of the Common Elements.
Such easements shall be appurtenant to and shall pass with the title to every Lot located within the
Subdivision, whether or not specifically included in a deed thereto. Every Owner of a Lot within
the Subdivision which is assigned to a!Limited Common Elements, as an appurtenance to such Lot,
shall have a perpetual easement over and upon such Limited Common Elements for each and every
purpose or use to which such Limited Common Elements is intended by its type, or for which such
Limited Common Elements is generally used, including, but not limited to, easement of access,
maintenance, repair or replacement of such Limited Common Elements. Such easements shall be
appurtenant to and shall pass with the title to every Lot assigned to such Limited Common
Elements, whether or'not specifically included in the deed thereto.
Section 3. The Association hereinafter may grant easements for utility purposes
for the benefit of the Subdivision and the Lots now or hereafter located thereon, over, under, along
and through the Common Elements and the Limited Common Elements. Provided, however that
no such grant of easement shall have a material adverse effect on the use, enjoyment or value of
any Lot.
Section 4. Any Owner may delegate, in accordance with the rules and regulations,
his right of enjoyment to the Common! Elements and, if applicable, to the Limited Cm omon
Elements, to the members of his family, his tenants, and contract purchasers who reside on the
property.
Section 5. Easements n is of way over MLd upon the rear, front and si ten
(10) d raina the installatio an maintenance of utilities and services ar
reserved to DECL T npdi successors and assigns for such purposes as DECLARANT ma
eem incident and appropriate to its overa evelopment plan. The easements and right of way
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areas reserved by DECLARANT on each Lot pursuant hereto shall be maintained continuously by
the Owner, but no structures or plantings or other material shall be placed or permitted to remain
upon such areas or other activities undertaken thereon which may damage or interfere with the
installation or maintenance of utilities or other services, or which may retard, obstruct or reverse
the flow of water or which may damage or interfere with established slope ratios or create erosion
problems. Improvements within such areas also shall be maintained by the respective Owner
except those for which a public authority or utility company is responsible. These easements and
rights expressly include the right to cut any -trees, bushes or shrubbery, make any gradings of the
soil, or to take any other similar action reasonably necessary in the opinion of the DECLARANT
to provide an economical and safe installation.' The DECLARANT shall have no maintenance
responsibilities for such easement areas.
Section b. Every Owner shall have a right and easement of enjoyment in and to
any and all other Common Elements which are owned or leased by the Association for the
enjoyment of the Owners; this right and easement of enjoyment shall be appurtenant to and shall
pass with the title to every Lot.
Section T The rights i reserved by DECLARANT in Article 3 and all annexed
Sections include the right to change, alter or designate Lots, roads, utility and drainage facilities
and easements, and to change, alter or redesignate such other present and proposed amenities or
facilities, as may in the sole judgment ,of the DECLARANT, be necessary or desirable. Except as
allowed in Article 3, the DECLARANT shall have no right to change, alter or redesignate the
character of the use of the Lots within the Subdivision.
Section 8. An easement is hereby granted to all police, fire protection, ambulance
and all similar persons, companies or agencies performing emergency services to enter upon the
Lots, Common Elements and Limited Common Elements in the performance of their duties.
Section 9. The real property in this Subdivision is subject to a contract with
Progress Energy for the installation of underground electrical utilities which may require an initial
contribution and/or the installation of street lighting, which will subject each Owner to a
continuing monthly payment to Progress Energy.
Section 10. An easement is hereby established overall Lots, Common Elements
and Limited Common Elements for the benefit of applicable governmental agencies for the setting,
removing and reading of water meters, maintaining and replacing water, drainage and drainage
facilities, fire fighting, law enforcement, garbage collection and the delivering of mail.
Section 11. An exclusive easement is hereby established in favor of
DECLARANT over all Common Elements and Limited Common Elements for access to adjacent
properties for the purposes of future development and the installation of streets and public utilities,
and require development facilities.
Section 12. DECLARANT reserves the right to grant an easement for ingress and
egress to adjoining property owners over the roads of-Lanvale Subdivsion.
Section 13. All easements and rights described herein are easements appurtenant,
running with the land, and shall inure to the benefit of and be binding on all undersigned, its
successors and assigns, and any Owner, purchaser, Mortgagee and other person having an interest
in said land, or any part or portion thereof, regardless of conveyance, or in any mortgage or trust
deed or other evidence of obligation, to the benefit of and be binding on the undersigned, its
successors and assigns, and any Owner, purchaser, Mortgagee and other person having an interest
in said land,' or any part or portion thereof, regardless of whether or not reference to said easement
is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence
of obligation, to the easements and rights described in these Protective Covenants.
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ARTICLE 5
Association
Section 1. Purpose An Association named LANVALE OWNERS
ASSOCIATION has been or will be formed pursuant to the requirements of the Nonprofit
Corporation Act (Chapter 55A) of thei General Statues of North Carolina. Its purposes are to own,
manage, maintain and operate the Common Elements and facilities located upon the Common
Elements, and Limited Common Elements and facilities located upon the Limited Common
Elements, Conservation, Buffer Areas, areas with similar designations and landscaped areas within
road right of ways; the stormwater runoff system, sign easements areas, and fences or other
property maintained by the Association to enforce the Protective Covenants contained herein, and
to make and enforce rules and regulations governing the Owners' use and occupation of Lots.
Section 2. Membership. Every person who is record Owner of a fee or undivided
fee interest in any Lot which is subject by covenants of record to assessment by the Association,
including contract sellers, but excluding persons who hold an interest merely as security for the
performance of any obligations, shall be a member of the Association. Ownership of such interest
shall be the sole qualification for such�membership; there shall be only one vote per Lot in such
Association. Membership shall be appurtenant to and may not be separated from ownership of any
Lot. The Executive Board may make reasonable rules regarding proof of ownership.
memberships.
Section 3. Voting Rights. The Association shall have two classes of voting
a. Class "A". Class A Members shall be all Owners with the exception
of the DECLARANT and shall be entitled to one vote for each Lot
owned.; When more than one. person. holds an interest in any Lot, all
such persons shall be Members. If only one of the multiple owners
of a Lot is present at a meeting of the Association, the Owner who
is present is entitled to cast all the votes allocated to that Lot. If
more than one of the multiple owners are present, the votes
allocated to that Lot may be cast only in accordance with the
agreement of a majority in interest of the multiple owners.
Majority agreement is conclusively presumed if any one of the
multiple owners casts the votes allocated to that Lot without
protest being made to the person presiding over the meeting by any
of the other Owners of the'Lot.
b. Class "B". Class B Member(s) shall be the DECLARANT and shall
be entitled to three (3) votes for each Lot owned. The Class B
membership shall cease and be converted to CIass A membership on
the happening of either of the following events, whichever occurs
earlier:
(1) When the DECLARANT owns twenty-five percent (25%) or
less of the planned residential lots in the subdivision,
including any property which may be annexed to the
subdivision, or
(2) On December 31, 2030.
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Section 4. Only those Lot Owners subject to assessments under Article 6
Section l .c.(1) or (2) shall vote on issues affecting such assessments or property subject to such
assessments. The number of votes required on any issue shall be the same as required for
comparable votes on issues affecting general assessments or Common Elements.
Section 5. . The DECLARANT shall have the right to appoint and remove the
members and officers of the Executive Board until (i) December 31, 2030, or (ii) the
DECLARANT turns control of the Association over to the Class A Members; or (iii)
DECLARANT owns twenty-five percent (25%) or less of the planned residential lots in the
subdivision, whichever first occurs.
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Section 6. . The Association shall have the following powers:
Adopt and amend bylaws and rules and regulations;
b. Adopt and amend budgets for revenues, expenditures, and reserves
and collect assessments for common expenses from Lot Owners;
c. Hire and discharge managing agents and other employees, agents,
and independent contractors;
d. Institute, defend, or intervene in litigation or administrative
proceedings.on matters affecting the planned community.
e. Make contracts and incur liabilities;
f. Regulate the use, maintenance, repair, replacement and modification
of Common Elements;
g. Cause additional improvements to be made as a part of the Common
Elements;
h. Acquire, hold, encumber, and convey in its own name any right, title
or interest to real or personal property, provided that Common Elements may be conveyed or
subjected to a security interest only pursuant to applicable law; .
Grant easements, leases, licenses, and concessions through or over
the Common Elements;
j. Impose and receive any payments, fees, or charges for the use,
rental, or operation of the Common Elements and for services provided to Lot Owners;
k. Impose, reasonable charges for late payment of assessments and,
after notice and an opportunity to be heard, suspend privileges or services provided by the
Association (except rights of access to lots) during any period that assessments or other amounts
due and owing to the Association remain unpaid for a period of 30 days or longer,
1. Impose, reasonable fines or suspend' privileges or services,provided
by the Association (except rights of access to lots) for reasonable periods for violations of the
Protective Covenants, Bylaws, and Rules and Regulations of the Association;
M. Impose, reasonable charges in connection with the preparation and
recordation of documents, including, without limitation, amendments to these Protective
Covenants or statements of unpaid assessments;
n. Provide for the indemnification of and maintain liability insurance
for its officers, Executive Board, directors; employees and agents;
o. Assign its right to future income, including the right to receive
common expense assessments;
P. Exercise all other powers that may be exercised in this State by legal
entities of the same type as the Association; and
q. Exercise any other powers necessary and proper for the governance
and operation of the Association.
Section 7. Common Elements. The Common Elements and Limited Common
Elements inay be mortgaged or conveyed as required or permitted by-law.
Section 8. 'Management and Administration. The management and
administration of the Common Elements and Limited Common Elements of the Subdivision and
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the Association shall be the sole right and responsibility of the Association. The management shall
be carried out in accordance with the terms and conditions of these Protective Covenants, the
Articles of Incorporation and Bylaws of the Association, but may be delegated or contracted to
manager(s) or a management service.
Section 9. Assignment to Association. All water, sewer, land use, siormwater
system, and utility permits, agreements and easements between DECLARANT and any municipal
or govenunental agency or department or public or private utility company shall be assumed by the
Association upon the assignment of all such permits, agreements and easements to the Association
by DECLARANT. The Association shall thereafter be responsible for and assume all duties,
obligations, and rights and privileges of DECLARANT under such permits, agreements and
easements, including all maintenance responsibilities.
ARTICLE 6
Covenants for Assessments
Section 1. Creation of the Lien and Personal Obligation of Assessments. The
DECLARANT, for each Lot owned rvithin.the Properties, hereby covenants, and each Owner of
any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association:
a. General assessments or charges for Common Expenses, and
b. Special assessments for capital improvements, or special
assessments as established by the Executive Board, and
C. Individual assessments against a specific Lot or Lots or Property, as
follows: (1) for the payment of Limited Common Expenses
associated with the maintenance, repair, replacement of a Limited
Common Elements as defined in ARTICLE 1 herein against the Lot
or Lots:to which that Limited Common Elements is assigned; or (2)
any common expense or portion thereof benefiting fewer than all of
the Lots; or (3) to cover the costs incurred in bringing the Lot or
Common Elements or Limited Common Elements into compliance
with the terms of these Protective Covenants, the Articles, Bylaws or
Rules and Regulations of the Association caused by the failure of
Owner, or the Owner's agents, lessees, invitees, guests, or invitees to
comply with such provisions, including, without limitation, any acts
of negligence or Misconduct. The Association, through its Executive
Board, may perform such required tasks or remedy such matter, or
assess a fine for such failure to comply and may levy the cost of such
fine, performance, or remedy against the Owner(s) and the Owners'
Lot or property as an individual assessment. Individual Assessment
levied under (1) and (2) herein shall be equal as to all Lots subject to
such assessment.
.The general, special and individual assessments, together with fees, charges, late
charges, fines, other charges, permitted hereunder or under Chapter 47F of the North Carolina
General Statutes, interest, costs and reasonable attorney's fees, shall be a charge on the Lot and
shall be a continuing lien upon the Lot against which each assessment is made. Each such
assessment, together with interest, costs, late fees and reasonable attorney's fees, shall also be the
personal obligation of the person who iwas the Owner of such property at the time when the
assessment fell due. The personal obligation for delinquent assessments shall not pass to any
successors in title unless specifically assumed by them.
PROVIDED, the DECLARANT shall not pay the general assessment for any of its
unsold Lots in Lanvale. The DECLARANT, however, shall until such time as it no longer controls
the Association Board of Directors or, in the exercise of its sole discretion pays assessments on
unsold lots, pay the difference between the amount of assessment collected on all other Lots subject
to assessment and the amount of actual expenditures by the Association during the fiscal year.
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Section 2. Pgoose of Assessments. The assessments levied by the Association
shall be used exclusively to promote the recreation, health, safety and welfare of the residents in
the Properties and for the improvements and maintenance of the Common Elements and Limited
Common Elements and to pay the taxes and other municipal- charges or fees of the Common
Elements and Limited Common Elements.
Section 3. Initial General Assessment. The initial general assessment, due and
payable to the Association, shall be prorated and paid at the time of closing of the purchase of a
Lot by an Owner, so that all payments thereafter shall be due on January 1 of each year or the due
date(s) which may be set by the Executive Board as is more fully set forth in Section 6 of this
Article. All general assessments shall be fixed to a uniform rate for all Lots.
Section 4. Special Assessments for Capital Improvements. In addition to the
general assessments authorized above, the Association may levy, in any assessment year, a special
assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of
any construction, reconstruction, repair or replacement of a capital improvement upon the
Common Elements, including easement areas, fixtures, and personal property related thereto
provided that any such assessment shall have the assent of the majority of the votes of each class of
Members who are voting in person or by proxy at a meeting duly called for this purpose. Special
assessments for the maintenance of sewer lines and other Elements of the sewer system, the
drainage and stormwater runoff systems, and other utility systems, as required by government
permits or regulations, may be assessed by the Executive Board without a vote of the members.
All special assessments for capital improvements shall be fixed to a uniform rate for all Lots.
In addition to the general assessments authorized above, the Association may
levy, in any assessment year, a special assessment applicable to the year only for the purpose of
defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement
of a capital improvement upon a Limited Common Elements, including easement areas, fixtures,
and personal property related thereto provided that any such assessment shall have the assent of
two-thirds (2/3) of the votes of those Members whose Lots are assigned to the Limited Common
Elements who are voting in person or by proxy at a meeting duly called for this purpose. Special
assessments for the maintenance of sewer lines and other elements of the sewer system, the
drainage and stormwater runoff systems, and other utility systems located in a Limited Common
Elements as required by government permits or regulations, may be assessed by the Executive
Board without a vote of the Members. All special assessments for capital improvements to such
Limited Common Elements shall be fixed to a uniform rate for all Lots assigned to the Limited
Common Elements.
Section 5. Working Capital Assessment. At the time title is conveyed to an Owner
by DECLARANT, each Owner shall contribute to the Association as working capital an amount
equal to the amount of one year's general assessment. Such funds shall be used for initial
operating and capital expenses of the Association, such as prepaid insurance, supplies, and the
Common Elements, furnishings, and gquipment, etc. Amounts paid into the working capital fund
are not to be considered as advance payment of regular assessments. All working capital funds
shall become part of the general operating funds.of the Association.
Section 6. Notice and. Quorum for any Action Authorized Under Section 4.
Written notice of any meeting called for the purpose of taking any action authorized under Section
4 shall be sent to all Members not less. than ten (10) days nor more than sixty (60) days in advance
of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to
cast ten percent (10%) of all the votes,of each class of membership shall constitute a quorum. The
required quorum at any subsequent meeting shall be one-half (1/2) of the required quorum at the
preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following
the preceding meeting.
Section 7. Date of Commencement of General Assessments and Due Dates. The
general assessments provided for herein shall commence on the date of conveyance of each Lot to
an Owner other than DECLARANT. The first general assessment shall be adjusted according to
the number of months remaining in the calendar year. The Executive Board shall fix the amount of
the general assessment against each Lot at least thirty (30) days in advance of each -general
assessment period. The budget shall be presented to the Members in accordance with N.C.G.S.
§47F-3-103(c). Written notice of each general assessment shall be sent to every Owner subject
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thereto. The due dates shall be established by the Executive Board. The Executive Board shall
require the general assessments to be paid at least annually, but may require the general
assessments to be paid -more often. The Association shall, upon demand, and for a reasonable
charge, furnish a certificate signed by an officer of the Association setting forth whether the
assessments on a specified Lot have been paid.
Section 8. Effect of NonpayLnent of Assessments and Remedies of the
Association. Any assessment, if not paid within thirty (30) days after the date such assessment.is
due, together with interest at the maximum rate allowed by law, costs of collection, court costs, late
charges, charges for reasonable attorney's fees and other charges permitted by statute, including
fees, charges and fines, shall constitute a lien against the Lot upon which such assessments are
levied upon filing of record notice of the same in the office of the Clerk of Superior Court of
Brunswick County. The claim of lien filed under this Section shall set forth the.name and address
of the Association, the name of the record owner of the Lot at the time the claim of lien is filed, a
description of the Lot, and the amount of the lien claimed. The Association may file a suit to
collect such delinquent assessments and charges. The Association may file Notice of Lis Pendens,
bring an action at law against the Owner personally obligated to pay the same and/or bring an
action to foreclose the lien against the property in like manner as a mortgage on real estate under
power of sale under Article 2A of Chapter 45 of the North Carolina General Statutes. No Owner
may waive or otherwise escape liability for the assessments provided herein by non-use of the.
Common Elements, the Limited Common Elements or abandonment of his Lot or for any other
reason. Costs and reasonable attorneys fees shall be awarded to the prevailing party in any action
brought pursuant to this Article. An action brought to enforce a lien pursuant to this Article must
be instituted within three (3) years after the docketing of the claim of lien in the Office of the Clerk
of Superior Court of Brunswick County.
The Association, upon receipt of written request, shall furnish to a Lot Owner or the
Lot Owner's authorized agents a statement setting forth the amount of unpaid assessments and
other charges against a Lot. The statement shall be furnished within ten (10) business days after
receipt of the request and is binding on the Association, the Executive Board, and every Lot
Owner. The Executive Board may establish a reasonable charge for preparing the statement
required in this Section.
Section 9. Subordination of the Lien to Mort. The lien under this Article 6 is
prior to all liens and encumbrances on a Lot except (i) liens and encumbrances (specifically
including, but not limited to, a mortgage or deed of trust on the Lot) recorded before the docketing
of the claim of lien in the office of the Clerk of Superior Court, and (ii) liens for real estate taxes
and other governmental assessments and charges against the Lot. This subsection does not affect
the priority of mechanics' or materialmen's liens. Where the holder of a first mortgage or first
deed of trust of record, or other purchaser of a lot obtains title to the Lot as a result of foreclosure
of a first mortgage or first deed of trust, such purchaser and its heirs, successors, and assigns, shall
not be liable for the assessments against such Lot which became due prior to the acquisition of title
to such lot by such purchaser. Such unpaid assessments shall be deemed to be common expenses
collectible from the Lot Owners including such purchaser, its heirs, successors and assigns. Unless
otherwise provided herein, the sale or 0ansfer of any Lot pursuant to mortgage foreclosure or any
proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which
become -due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability
for any assessments thereafter becoming due or from the lien thereof. -
Section 10. Exempt Property. All Properties dedicated to, and accepted by, a local
public authority and all Properties owned by a charitable or nonprofit organization exempt from
taxation by the laws of the State of North Carolina shall be exempt from the assessments created
herein, except no land or improvements devoted to dwelling use shall be exempt from said
assessments.
Section 11, Surplus Funds. Any excess of association income over Common
Expenses, which expenses are defined in ARTICLE 1, Section 5 and which shall include
reasonable reserves, shall be applied against the subsequent tax year's general assessments.
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ARTICLE 7
Architectural Control
Section 1. No structures, buildings, or improvements shall be commenced, erected,
or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein
be made, including change of color, until the plans and specifications showing the nature, kind,
shape, heights, materials, and location.of the same shall have been submitted to and approved in
writing as to harmony of external design and location in relation to surrounding structures and
topography by DECLARANT, or by an architectural committee composed of three (3) or more
representatives appointed by the DECLARANT. Structures, buildings and improvements shall
include, but not be limited to any dwelling, garage, fence, wall, sidewalk, hedge, mass planting,
change in grade or slope, drainage pipe, drainage canal, ditch, swale, catch basin, swimming pool,
treehouse, playhouse, sign, flag pole, exterior illumination, monument or marker, outdoor statuary,
exterior lights, security lights, storm door, well utility.facility, mailbox, patio, deck, screening for
outdoor trash cans or other purposes, sprinkler system, driveway, outdoor decorative objects,
shrubbery or landscaping. In the event said DECLARANT, or its designated cgwmitlee.. to
approve or disa rove suc e—s and location within rty (30} days after comt��ete _ lans
been sent to the submittin v_al i 1 no wired and this Ar icl ed
to h ECLARANT shall notify Owner if complete plans and
specifications have not been received. I, DECLARANT, subject to the provisions of Section 2
hereinafter, may assign these duties to;the Executive Board of the Association or to an architectural
committee composed of three (3) or more representatives -appointed by the Executive Board.
Section 2. All duties and responsibilities conferred upon the Executive Board or
the Architectural Control Committee by these Protective Covenants or the Bylaws of the
Association may be exercised and performed by the DECLARANT or its Designee at its
discretion, so long as DECLARANT shall own any Lot in the Properties or any additions annexed
thereto by Supplemental Protective Covenants or Amendment to these Protective Covenants.
Section 3. In addition,to its duties of review and•approval of external harmony and
design, the Committee shall monitor the compliance with all-rse•resthctions, design and
architectural control provisions and conditions and other restrictt As. The Committee shall report
such violations as may come to its attention to the DECLAkA* the Association for
appropriate actions of enforcement.
Section 4. The Committee shall�be.ctl pos t oi`�,rgifi um of thrF eelembers of
the Association. Until such time as the Campiittee'h'ben,stbliiskid, the DECLARANT shall
perform the functions as outlined above-andh' eiri: here'the term "The Declarant" or.
"The Committee" have been used, this, t6rm.sh4ll-be,copst - ed to-mean.that only e two
entities will perform the duties and. funs i66. w1Se�n he Comm t#tie�e is estabUsh"e�, that
... •
Committee will perform the duties and c' ions' ut> �' abo�,, Lipoii it 'e`rappgiirtment and
. - ... f
organization of the Committee, the .CQttec st)1' ad,opt'suci]istratj focedures as will
insure the submission, review and a' r vd of anymid"all; �u�ijc i gs. rtdhir;ii pti�vements
constructed. Section S. No concton;:definition clearing,
i�rm=st in�leyi
excavation, grading and other` site w6rlc, shall take placa;.exc�pt'in-strict compliance with this
Article, and until the approval of thie_Commil;tee. ar-DECLARANT has been obtained.
Section o. Since the establishment of standard iaflexib ildin set ack lines in
location of homes on Lots tends to force construction of homes directly to the side of other homes
with detrimental effects on privacy, view, preservation of important trees and other vegetation,
ecological and related concerns nos iecific setback lines are established b Lthe
order to assure, however, that the foregoing considerations are given maximum
effect, the DECLARANT reserves the':fight to select the precise site location of each house or other
structure on each Lot in its sole discretion and to arrange the same in such manner and for such
reasons as the DECLARANT deems sufficient, provided, however, the DECLARANT shall make
such determination so as to insure that'�the development of the Lots subject to these PROTECTIVE
COVENANTS is consistent with the provisions set forth herein. The placement of homes is meant
to create a sense of spaciousness and to avoid monotony. For such purposes it is the
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DECLARANT'S intent that setback lines may be staggered where appropriate. In any event, no
house shall be erected closer to the front Lot line or nearer to any side Lot line than the minimum
distances established by applicable governmental ordinances.
Section 7. Any installation of a drainage pipe must be approved by DECLARANT.
or Committee in accordance with the terms of this Article. - In addition, all such installations must
comply with all applicable goverrmmental statutes, ordinances and regulations, including, but not
limited to, the State of North Caro lina�Departrnent of Transportation standards.
Section 8. All improvements, driveway connections, and plantings, including,
but not limited to, drainage pipes, landscape materials, irrigation systems, walls, and fences,
located within the road right-of-way must meet North Carolina Department of Transportation
("DOT") specifications and must be approved by DECLARANT or Committee. Lot Owner shall
be responsible for all roadway repairs 'required because of damage caused by Lot Owners for
failure to comply with this paragraph, iwhether such damage occurs before or after the road has
been accepted and, approved by DOT as a public road. DECLARANT shall not be responsible for
any such roadway repairs.
Section 9. The Committee or DECLARANT shall have jurisdiction overall
original construction on any Lot and later changes or additions after initial approval thereof
together with any modifications, additions or alterations subsequently to be constructed on any Lot
or made to any improvements initially approved, including any exterior change or alteration and
change of color.
Section l0. The Committee or DECLARANT shall have the right to disapprove
any plans, specifications and details submitted to it in the event the same are not in accordance
with any of the provisions of these PROTECTIVE COVENANTS and any architectural guidelines
which may be in effect at the time.
Disapproval of plans, location, specifications or.details may be based upon any
grounds, including purely aesthetic considerations which the Committee or DECLARANT, in its
sole and uncontrolled discretion, shall!deem sufficient, however, approval of plans shall not be
unreasonably withheld.
An Owner shall have the right to appeal disapproval of plans, location, specification
and.details to the Executive Board. The decision by the Executive Board shall be final and not
subject to appeal or review.
Section l 1. The Committee, or its agent, or the DECLARANT shall have the right
to inspect all construction to ensure that it is performed in strict accordance with the approved
plans, specifications and details.
Section 12. Nothing contained herein shall be construed to -limit the right of an
Owner to remodel the interior of any residence or permitted pertinent structures, or to paint the
interior of the same any color desired.
Section 13. Neither the DECLARANT nor the Committee nor the Executive
Board or any architecture agent thereof shall be responsible in any way for any defects in plans,
specifications or details submitted, revised or approved in accordance with the provisions
contained herein or in the guidelines, nor for any structural or other defect in any construction.
Section 14.. Owner(s) shall be responsible for compliance with all applicable'
governmental statutes, ordinances and regulations, including, but not limited to, land use, zoning,
and building regulations.
ARTICLE 8
Maintenance
Section 1. If, in the opinion of the Association, or the DECLARANT, any Owner
shall fail to maintain any Lot owned by him in a manner which is reasonably neat and orderly or
shall fail to keep improvements constructed thereon in a state of repair so as not to be unsightly, all
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in the sole opinion of the Association or the DECLARANT, the Association in its discretion, by
the affirmative vote of a majority of the members of the Executive Board, or the DECLARANT, in
its discretion, and following ten (10) days written notice to Owner, may enter upon and make or
cause to be made repairs to such improvements and perform such maintenance on the Lot as the
removal of trash, cutting of grass, pruning of shrubbery, weeding and items of erosion control. The
Association shall have an easement for the purpose of accomplishing the foregoing. The
reasonable cost incurred by the Association in rendering all such services, plus a service charge of
fifteen percent (15%) of such cost, shall be added to and become an individual assessment to which
such Lot is subject as provided in Article 6 herein.
Section 2. The Owner of each Lot shall keep the Lot mowed regularly, including
that area from the lot line to the edge of the paved street and clear of any unsightly objects, and in
the event that the Owner of any Lot within the said Subdivision breaches this restriction, the
DECLARANT and Association reserve the right to enter upon the Lot and mow the grass, clean up
the Lot and remove unsightly structures and objects at property Owner's expense as provided in
Section 1 above. Where Lots border on or contain ditches, drainage canals or swales, the Owner of
each Lot shall keep that area, including the slopes, down to the edge of the water, mowed and
maintained regularly. As to lots which abut a watercourse or body of water, it shall be the
responsibility of each owner to maintain any area lying between the boundary or lot line of such lot
and the waterline of such watercourse or body of water (as such waterline may fluctuate from time
to time). Washouts or erosions on the Lots adjoining ditch banks and swales to pavement shall be
properly tended to by the respective Lot Owner. This obligation and right may be enforced by the
Association or any Owner as provided in Article 11 herein.
Section 3. The Association shall be responsible to maintain the Common
Elements and facilities located upon the Common Elements, Conservation and Buffer Areas, and
areas with similar descriptions, landscaped areas within road right-of-ways, the stormwater runoff
systems, sign easement areas, and fences or other property designated to be maintained by the
Association.
ARTICLE 9
Restrictions on Use and Occupancy
Section 1. No Lot shall be used except for single family residential purposes. No
commercial use shall be permitted on; any Lot. No structure shall be erected, placed or permitted to
remain on any Lot other than one (1) detached, single family residence dwelling not to exceed two
and one-half stories in height above floor or piling level and such outbuildings as are usually
accessory to a single family residence dwelling, including a private enclosed garage.
Section 2. No rental or lease for any Lot shall be for a term of less than 12
months. All leases must be in writing and must contain a provision requiring tenant to comply
with these Protective Covenants. All leases shall be submitted to the Association to verify
compliance with this section. When a dwelling is leased to more than one tenant the tenants must
be related by blood or by marriage. Transient renters are strictly prohibited.
Section 3
Covenants shall contain
Any dwelling constructed on Lots subject to these Protective
than 12DLv4uarafeet of fully enclosed and heated floor space all
fed porches, breezeways, terraces,
step s utbuildings). In computing the nulrr of square feet Lowe
provided herein, no square footage many part of the dwelling that is constructed over a garage will
be -counted, unless it is an integral pars of the living space and approved by DECLARANT.
Section 4. All Lots are subject to the State of North Carolina rules and regulations
concerning stormwater runoff as these rules and regulations are amended from time to time. These
regulations currently provide that the Lots shown on that map recorded in Map Cabinet 30, Page
538, of the Brunswick County Registry shall be subject to the following:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 031055, as issued by the Division of Water Quality
under NCAC 2H.1000.
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b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot ik 3,Wsquare fe This allotted amount
includes any built -upon area constructed within the lot property boundaries, and that portion of the
right-of-way between the front lot line and the edge ofthe pavement. Built upon area includes, but
is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas,
but does not include raised, open wood decking, or the water surface of swimming pools
g. Built -upon area in excess of the permitted amount will require a permit
modification.
DECLARANT reserves the right to recalculate the maximum allowable built upon area in .
accordance with the stormwater runoff rules and regulations of the State of North Carolina. All
drainage swales or drainage patterns used to treat stormwater runoff as required by the State of
North Carolina may not be filled in, piped or changed without the consent. of the DECLARANT,
its designee, the Association, or the State of North Carolina and shall be maintained as set forth in
Article 8 herein. For curb and gutter projects, no one may pipe, fill in, or alter any lot line swale
used to rneet North Carolina Stormwater Management Permit requirements. The State of North
Carolina is hereby made a beneficiary of these Protective Covenants to the extent necessary to
enforce its stormwater runoff regulations as the same may be amended from time to time. This
paragraph cannot be changed or deleted without the consent of the State of North -Carolina.
Section 5. No above ground swimming pool shall be placed on any Lot; no
inground pool shall be placed or constructed on any lot without the approval of the DECLARANT
or Committee and shall not be located! nearer than twenty (20) feet from the side or rear lot lines.
Section 6. No Lot or Lots shall be subdivided except to enlarge an adjoining Lot,
but any Lot so enlarged cannot be improved with more than one single fan -lily dwelling. An
Owner of a Lot and a portion or all of an adjoining and contiguous Lot or Lots may construct a
dwelling and/or other structures permitted hereunder upon and across the dividing line of such
adjoining and contiguous Lots, and thereafter such combinations of Lots or portions thereof shall
be treated for all purposes under these! Protective Covenants as a single Lot.
Section 7. All Lots shall be well maintained and no accumulation of rubbish or
debris shall be permitted. The Owners of all unbuilt upon Lots in the Subdivision shall clear their
Lots of underbrush at least one time each year. If the Owners do not clear their Lot as required by
this paragraph, the Association shall have the authority to clear any such Lot of underbrush and
separately assess the cost of such work against each Owner. Such charge shall be an individual
assessment against the Owner and his tot(s) and may be enforced in accordance with the
provisions of Article 6 herein.
Section 8. No trees on any lot that are 4 inches or greater in diameter and no
long leaf pines or oaks of any kind may be cut or removed without approval of the Architectural
Control Committee.
Section 9. Owners shall be responsible for any damage done to any streets,
roadways, accessways, Common Elements, Limited Common Elements or property of other
Owners within the Subdivision which�inay be caused by any Owner, his agents, employees, guests,
licensees or invitees. The Association shall have the authority to assess any Owner for such
damage and such charge shall be an individual assessment against the Owner and his Lot(s) and
may be enforced in accordance with the provisions of Article 6 herein and N.C.G.S. 47F-3-115.
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Section 10. The -following general prohibitions and requirements shall apply and
control the improvements, maintenance and use of all Lots:
a. No mobile home, trailer, tent, or temporary house, temporary garage
or other temporary outbuildings shall be placed or erected on any Lot, provided, however, that the
Committee or DECLARANT may grant permission for temporary structures for storage of
materials during construction.
b. Once construction of a dwelling or other improvements are started
on any Lot, the improvements must be substantially completed in accordance with the approved
plans and specifications within twelve (12) months from commencement. Failure to complete
construction within twelve (12) months from commencement date may result in a fine being
imposed in the minimum amount of $500.00 per month, which fine shall be payable to
DECLARANT until all Lots in the Subdivision have been sold, at which time the fine shall be
payable to the Association. The fine imposed under this Section shall be an individual assessment
enforceable in accordance with Article 6 herein.
C. During construction of improvements on any Lot, adequate portable
sanitary toilets must be provided for the construction crew.
d. Construction activity on a Lot shall be confined within the boundaries
of said Lot. Each Lot Owner shall have the obligation to collect and dispose of all rubbish and
trash resulting from construction on his Lot.
e. All dwellings and permitted structures erected or placed on any Lot
shall be constructed of material of good grade, quality and appearance, and all construction shall be
performed in good workmanship manner and quality. The covering for all roofs shall be shingles
or materials approved by the Committee or DECLARANT. Mate ' t
all dwell structures'must be approved b nostructures
mmittWhall
ECLARANT. No
use s ocate or placed on any Lot and ave an exterior
constructed of asbestos or asphalt siding, aluminum siding, paper composition, it being intended
that only wood siding, manufactured lap siding, vinyl, brick, claybrick, or stucco exteriors be
constructed on Lots subject to these Protective Covenants. Modular and prefabricated homes may
not be erected or placed on any Lot, without approval of the Committee or DECLARANT.
f. Except � structures erected by the DECLARANT, no structure erected
upon any Lot may be used as a model' exhibit or model house unless prior written permission to do
so shall have been obtained from the Committee or DECLARANT.
g. Any dwelling or improvement on any Lot that is destroyed in whole
or in part by fire or other casualty shall be either rebuilt or torn down and all debris removed and
the Lot restored to a sightly condition�with reasonable promptness, provided, however, that in no
event shall such debris remain on such Lot longer than three (3) months.
h. No stripped, partially wrecked, junk motor vehicle, or part thereof,
or any motor vehicle not displaying al current valid inspection sticker shall be permitted to be
parked or kept on any Lot.
i. Parking of vehicles on any street in the Subdivision shall be allowed
only in accordance with the policy determined by the Executive Board. No truck nor other vehicle
in excess of a three-quarter (3/4) ton load capacity, boat, vessel, motorboat, camper, trailer, motor
or mobile home, or similar type vehicle or apparatus shall be parked or kept overnight or longer, on
any street or on any Lot unless it is stored in an enclosed. garage and in such a manner as to not be
visible to the Owners of other Lots or the users of a street or recreation area. All tools or other
materials stored in vehicles for overnight parking shall be kept out of sight. No customized
vehicles which are unsightly in appearance as determined by the Executive Board or the
DECLARANT shall be allowed.
j. No outdoor poles, clotheslines and similar equipment shall be
erected or located upon any Lot.
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IrLst # 228659 Book 200BPage t 475
k. All trash receptacles and garbage cans shall be screened so as not to
be visible by the Owners of other Lots or the users of any street or recreation area. All such
screening shall be approved by the DECLARANT or the Committee.
1. No fuel tanks or similar storage receptacles may be exposed to view.
The placement of any such receptacles may be approved by the Committee or DECLARANT and
may only be located within the main dwelling house, within an accessory building, within a
screened area, or buried underground.
M. Each Lot in the Subdivision shall have only one (1) mailbox and one
(1) paper box which shall be mounted, on a single post and all such boxes must be approved by the
DECLARANT or Committee. Such mailboxes or paper boxes maybe provided by the
DECLARANT or builder. Any boxes `provided by the DECLARANT or builder shall be
considered an improvement and must remain with the Lot and must be maintained by the Lot
Owner. Boxes damaged beyond repair shall be replaced by the Lot Owner.
n. No advertising signs or billboards or other advertising structure(s) of
any kind shall be erected on any Lot or displayed to the public on any Lot subject to these
restrictions except that one sign of not more than six square feet in area may be used to advertise a
completed dwelling for sale or rent. No "For Sale" signs are allowed on any vacant Lots except
with approval by DECLARANT or Committee. This covenant shall not apply to signs erected by
the DECLARANT used to identify and advertise the Subdivision as a whole, or construction
identification signs approved by the Committee or DECLARANT showing Lot numbers and name
of builder, or for a homeowner for the,purposes of identifying the homeowner as the resident on
said Lot. Said identification sign shall not exceed in size a total of six square feet. All signs
permitted by these Protective Covenants must be approved by DECLARANT or Committee.
o. No outside antennas or satellite dishes shall be erected on any Lot or
structure unless and until permission for the same has been granted by the Committee or
DECLARANT in accordance with applicable governmental regulations.
P. All dwelling connections for all utilities, including, but not limited
to, water, electricity, gas, telephone, and, television shall be run underground from the proper
connecting points to the dwelling structure in such manner as may be acceptable to the appropriate
utility authority. The cost for such underground service shall be shared by the Owner and utility
company in conformity with existing utility company policy, if any.
q. No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot or in any dwelling except that dogs, cats or other household pets may be
kept or maintained provided that they are not kept or maintained for commercial purposes and
provided further that they are not allowed to run free and are at all times properly leashed and
personally escorted and shall not become a nuisance or bother to other .Owners. No animals,
livestock or poultry of any kind may be raised, bred or kept in any Common Elements or Limited
Common Elements. Pets must be restrained or confined within the Lot. Owners must promptly
remove any and all animal excrement from any and all Common Elements, Limited Common
Elements and Lot(s) and keep such areas) clean and free of pet debris. All animals must be
properly tagged for identification. All parties are hereby notified that, in the event any dog kept or
maintained on a Unit or in any dwelling on the Properties barks excessively, continuously or in a
manner that constitutes a nuisance, the Board may require such dog to wear a collar designed to
reduce or control such excessive barking (provided that such action shall in no event limit any
other rights or remedies for such. situation that may be available to the Board or to any other
parties at law or in equity).
r. No fence shall be erected or hedge grown on any Lot unless
approved by the DECLARANT or Committee in accordance with Article 7 herein. Fences facing
or parallel to the street shall be wood construction or other material approved by DECLARANT or
Committee except that no chain link fences shall be allowed. No fence and no hedge shall be
permitted nearer the front lot line than,15 feet as measured from the rear of the house constructed
on the Lot unless approved by DECLARANT or Committee. All fences constructed hereunder
shall be maintained in its original condition by the Lot Owner.
No immoral, improper, illegal, noxious or offensive activity shall be
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Inst.# 228659 Book 2008Page: 476
carried on upon any Lot, nor shall anything be done thereof tending to cause embarrassment,
discomfort, annoyance or nuisance to the DECLARANT or any Owners. There shall not be
maintained any plants or animals, or device or anything of any sort whose normal activities or
existence are in any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish
or destroy the enjoyment of other property in the neighborhood by the Owners thereof. All laws,
orders, rules, regulations, ordinances or requirements of any government agency having
jurisdiction thereof, relating to any parties of the property, shall be complied with, by or at the sole
expense of Owner or the Association, whichever shall have the obligation to maintain or repair
such portion of the property.
t. No outdoor statuary or other decorative objects may be placed on
any Lot without the written approval of the DECLARANT or the Committee.
U. Burning as a means of clearing brush shall not be permitted.
Burning may be allowed under appropriate circumstances if approved by the DECLARANT or the
Committee and the Owner has obtained all necessary government permits.
V. No yard sales or garage sales shall be permitted upon any Lot in this
Subdivision.
W. No repairs to any vehicle may be made in driveways unless such
repairs may be completed in one day. !During the course of repair work, no vehicle shall be
permitted to remain in any driveway on any type of jacks or stands for more than one day.
X. In certain instances, conservation areas or green ways, or vegetated
buffers may be conveyed with a Lot to an Owner. Such areas are for conservation purposes and as
such, not for Owner's private use. No fences or structures of any type may be erected in said areas
and no type of vegetation may be removed.
Y. All light bulbs or other lights installed in any fixture located on the
exterior of any building or any lot shall be clear, white, or non -frost lights or bulbs. No colored
bulbs or lights will be allowed except during generally recognized holiday periods. The
DECLARANT or the Association shall have the sole and absolute right to regulate and/or prohibit
excessive holiday lighting or any other lighting in the sole discretion of the DECLARANT or the
Association.
Z. To insure consistency and attractiveness within the Subdivision,
white window treatments, must be installed in all of the windows of all homes within ten (10) days
of occupancy, such that the total view of all windows from the outside of the house is white
window coverings. Window treatments inside of the house and not visible from the outside of the
house or unit are in the discretion of the homeowner. Bedsheets, towels, blankets, etc. are not
considered acceptable window treatments and are not allowed in the Subdivision.
Notwithstanding the foregoing, any area identified as a Conservation or Buffer
Area on any map or revision of lots map of SUBDIVISION may be conveyed with a Lot or Lots in
said Subdivision or may be conveyed to one or more Lot Owners, or may be conveyed to the
Association in said Subdivision. These area(s) are for conservation or buffer purposes and, as
such, not for the Owner(s)' private use. No structures other than those fences, signs; entranceway
structures, landscaping or similar construction by the DECLARANT shall be permitted in these
Area(s). In the case of conveyance ofa Conservation or Buffer Area as set forth herein the
Association shall have an easement to, go upon the Area(s) to maintain such Areas. DECLARANT
and Association further reserve the right and an easement to change, reconstruct or construct any
fences, signs, entranceway structures, landscaping'or the equivalent in and over the Conservation
or Buffer A.rea(s).
If Owner(s), his agents, guests, lessees or licensees shall in any way disturb or
damage any vegetation or structure, including fences and signs located in any Conservation or
Buffer Area, as determined by the Executive Board, the Executive Board may impose a fine in the
minimum amount of $2,500.00, which fine shall be payable to the Association. The Association
shall pay $500.00 of this fine to DECLARANT until all Lots in the Subdivision have been sold. In
addition, the.Owner(s) shall be required to install replacement plant materials and/or restore any
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Inst # 228659 Book 2008Page: 477
stricture or pay for the cost of replacement for restoration by the Executive Board within 30 days
of notification by the Executive Board.
aa. Nothing shall be kept and no activity shall be carried on in any
building or home or on the Common Elements or Limited Common Elements which will increase
the rate of insurance, applicable to residential use, for the property or the contents thereof. No
Owner shall do or keep anything, nor cause or allow anything to be done or kept, in his home or on
the Common Elements or Limited Common Elements which will result in the cancellation of
insurance on any portion of the property, or the contents thereof, or which will be in violation of
any law, ordinance, or regulation. No waste shall be committed on any portion of the Common
Elements or Limited Common Elements.
bb. No person shall undertake, cause, or allow any alteration or
construction in or upon any portion of,the Common Elements or Limited Common Elements
except at the direction of and with the express written consent of the Association or
DECLARANT.
CC. The Common Elements or Limited Common Elements shall be used
only for the purposes for which they are intended and reasonably suited and which are incident to
the use and occupancy of the homes, subject to any rules or regulations that may be adopted by the
Association pursuant to its Bylaws.
. dd. All lawn mowers, bicycles, toys, grills and other similar objects
must be stored when not in use so as not to be visible by the Owners of other Lots or the users of
any street or recreation area.
ee. All wells and pumps which are permitted under the terms of Article
13, Section 1 must be located so as not to be visible from any street or recreation area or Common
Elements and must be screened from view. The design and location of the well, pump, and
screening facilities shall be approved by the DECLARANT or Committee and the well, pump and
screening facilities must be kept free from discoloration, including rust.
ff. DECLARANT does not grant permission or recommend that any
material be buried on any Lot in Lanvale, including, but not limited to any easement area,
Common Elements, Limited Common Elements, or area where any structure shall be constructed.
If any material is buried on any Lot, itis recommended that all subsequent purchasers be advised
of the location and type of material(s) 'deposited. No hazardous, illegal, or governmental regulated
material(s) shall be deposited on any Lot in Lanvale.
Section 9. This Article and these PROTECTIVE COVENANTS shall not
apply to any sales office which may be maintained by the DECLARANT within the Lanville
Subdivision.`''
ARTICLE 10
Annexation of Additional Properties
Section 1. Except as provided in Sections 2 and 3, below, annexation of additional
property shall require the assent of sixty-seven percent (67%) of the Class A Members, if any, at a
meeting duly called for this purpose, written notice of which shall be sent to all Members not less
than ten (10) days nor more than sixty (60) days in advance of the meeting.
Section 2. If the DECLARANT, its successors or assigns, shall develop all or any
portion of any land which is located within a 1 mile radius of and is adjacent to or contiguous with
that property described in Map Cabinet 30, Page 538 of the Brunswick County Registry, such
additional tract or tracts may be annexed to said Properties without the assent of the Class A
Members, provided however, the development of the additional tract or tracts described in this
section shall be in accordance with the same general scheme of development as Wedgewood at
Lanvale Phase 1.
Section 3. The rights of DECLARANT reserved in Article 3 and Article 10
Section 2 shall expire automatically on December 31, 2030, if not exercised prior thereto.
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Inst # 228659 Bonk 2008Page: 478
ARTICLE 11
Compliance with these Protective Covenants, the Articles
and the Bylaws of the Association
In the case of failure of an Owner'or occupant to comply with the terms and
provisions contained in these Protective Covenants, the Articles, the Bylaws or Rules and
Regulations of the Association, the following relief shall be available:
Section 1. The Association, the DECLARANT and any Owner, an aggrieved
Owner within the Subdivision on behalf of the Association or any Owner on behalf of all the
Owners within the Subdivision shall have the right to enforce by any proceeding at law or in
equity, all of the conditions, covenants and restrictions of these Protective Covenants and the
Articles, Bylaws and rules and regulations of the Association and any and all laws hereinafter
imposed pursuant to the terms of these Protective Covenants. The prevailing party shall be entitled
to collect all costs thereof, including reasonable attorney's fees as determined by the Court.
Section 2. The Association shall have the right to remedy the violation and assess
the costs of remedying same against the offending Owner as an individual assessment as provided
in Article 6 herein.
Section 3. For any violation by an Owner, including, but not limited to, the
nonpayment of any general, special or individual assessment, the Association shall have the right
to suspend the offending Owner's voting rights and the use by such Owner, his agents, lessees,
employees, licensees and invitees of the Common Elements,or Limited Common Elements in the
Subdivision for any period during which a violation continues except that such penalties may not
be for more than sixty (60) days for violation of any of the Association's published rules and
regulations. Within five (5) days of the date written notification is sent by the Association to
Owner informing Owner of the suspension of his rights in accordance with this Section, Owner
may request, in writing, an appeal to the Executive Board. The Executive Board shall set a date for
the hearing, which hearing may be conducted over the telephone at the discretion of the Executive
Board, and the Owner shall be given an opportunity to be heard and to present evidence at such
hearing. The Executive Board shall notify Owner of its decision within thirty (30) days of the
hearing. The suspension shall remain' in effect during the pendency of the appeals process.
Section 4. The Association may establish a schedule of fines for the violation of
these Protective Covenants, the Articles, Bylaws and rules and regulations. Within five (5) days of
the date written notification is sent by;t.he Association to Owner informing Owner of the
imposition of the fine in accordance with the schedule of fines established by the Association in
accordance with this Section, Owner may request, in writing, an appeal to the Executive Board.
The Executive Board shall set a date for the hearing, which hearing may be conducted over the
telephone at the discretion of the Executive Board, and the Owner shall be given an opportunity to
be heard and to present evidence at such hearing. The Executive Board shall notify Owner of its
decision within thirty (30) days of the, hearing. The fine shall continue to accrue and remain in full
force and effect during the pendency of the appeals process. If an Owner does not pay the fine
within 15 days of the imposition of the fine, the fine shall'be an individual assessment against the
property and may be enforced by the Association in accordance with Article 6 herein. If the
Owner prevails at the appeals hearing. and the fine is removed, the Association shall remove and
cancel any lien of record filed in accordance with this Section.
Section 5. All rights, remedies and procedures mandated, required or permitted by
Chapter 47F of the North Carolina General Statutes unless these Protective Covenants provide
otherwise.
Section 6. The remedies provided by this Article are cumulative, and are in
addition to any other remedies provided by law.
Section 7. The failure of the Association or any person or Owner.to enforce any
restriction contained in these Protective Covenants, the Articles, the Bylaws or the rules and
regulations shall not be deemed a waiver of the right to do so thereafter.
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_�)
Inst # 228659 Book 2008Page: 479
ARTICLE 12
Duration Amendment & Termination.
Section 1. Lots, Persons and Entities Subiect to the Protective Covenants. All
present and future Owners, tenants, and occupants of Lots and their guests or invitees, licensees,
employees or agents, shall be subject to, and shall comply with the covenants, conditions,
restrictions and affirmative obligations set -forth in these Protective Covenants, and as the
Protective Covenants may be amended from time to time. The Acceptance of a deed of
conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute
an agreement that the provisions of these Protective Covenants are accepted and ratified by such
Owner, tenant or occupant and that they will fully comply with the terms and conditions of said
Protective Covenants. The covenants, conditions, restrictions, and affirmative obligations of these
Protective Covenants shall inure to the` benefit of and be enforceable by the Association, or the
Owner of any Lot, their respective legal representatives, heirs, successors and assigns, for a term of
twenty (20) years from the date these Protective Covenants are recorded in the Brunswick County
Registry, after which date these Protective Covenants shall be extended for successive periods of
twenty (20) years, unless eighty percent (80%)of the then Owners agree to revoke the same, and
the covenants, restrictions, conditions and affirmative obligations of these Protective Covenants
shall run with and bind the land and shall bind any person having at anytime any interest or estate
in any Lot as though such provision were made a part of each and every deed of conveyance or
lease.
Section 2. Amendment. At any time prior to December 31, 2030 or until all Lots
are sold, these Protective Covenants may be amended by DECLARANT in its discretion.
Retention of this right by the DECLARANT is not intended to affect the general or common
scheme of development for the property herein described but to correct and/or modify situations or
circumstances which may arise during the course of development. These Protective Covenants
may also be amended by vote of not less than sixty-seven percent (67%) of the Owners and an
instrument must be recorded at the Brunswick County Registry for such an amendment to be
effective. In no event may the Protective Covenants be amended so as to alter any obligation to
pay ad valorem taxes or assessments for public improvements, as herein provided, or affect any
lien for the payment thereof established herein, or so as to deprive DECLARANT, its designee or
successors and assigns of any rights herein granted or reserved unto DECLARANT. In addition,
the DECLARANT may amend these Protective Covenants to annex additional property and make
it subject to the terms, conditions, restrictions, obligations and covenants of these Protective
.Covenants as provided in Article 3 and Article 10 herein.
ARTICLE 13
General Provisions
Section 1. Municipal Water, Sewer Service and Utilities. Municipal sewer service
shall be. provided by Brunswick County or other municipal agency or department. Water service
for the Subdivision may be provided by a municipal agency or department, or by licensed utility
company. If water service to the Lot is available from a municipal agency or department or a
licensed utility company, all Owner(s) must tie into and use such system and shall not use a private
well. No private well shall be permitted on any Lot except for irrigation purposes or if municipal
or community water service is not available. DECLARANT shall not be responsible for loss of
service or failure of any utility company to provide service to any Lot. A well for irrigation
purposes shall only be allowed with the approval of any private community water system, which
approval -shall not be unreasonably withheld, and the consent of the DECLARANT or Committee.
Section 2. Amenities and Facilities. Every park, recreation area, recreation
facility, dedicated access and other amenities appurtenant to the Lanvale Subdivision, whether or
not shown and delineated on any recorded plat of the Subdivision, shall be considered private and
for the sole and exclusive use of the Owners of Lots within the Lanvale Subdivision. Neither
DECLARANT'S execution nor the recording of any plat nor any other act of DECLARANT with
respect to such area is, or is intended to be, or shall be construed as a dedication to the public of
any such areas, facilities, or amenities.
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Tnsty # 228659 Book 2008Page: 480
Section 3. HUDNA Approval. Annexation of additional properties,
dedication of Common Elements(s), and amendment of these restrictions requires HUDNA
approval as long as there is a Class B. Membership.
Section 4. Waiver. No provision contained in these Protective Covenants, the
Articles of Incorporation or the Bylaws of the Association shall be deemed to have been waived,
abandoned, or abrogated by reason of failure to enforce them on the part of any person as to the
same or similar future violations, no matter how often the failure to enforce is repeated.
Section 5. Variances. The Executive Board or DECLARAN"r in its discretion
may allow reasonable variances and adjustments of these Protective Covenants in order to alleviate
practical difficulties and hardship in their enforcement and operation. Any such variances shall not
violate the spirit or the intent of this document to create a Subdivision of Lots owned in fee by
various persons with each such Owner, having an easement upon areas owned by the Association.
Section 6. Conflict. In the event of any irreconcilable conflict between these
Protective Covenants and the Bylaws of the Association, the provisions of these Protective
Covenants shall control.
Section 7. Severability. Invalidation of any one of these covenants or restrictions
by judgment or any court, agency or legislative order shall in no way affect any other provision,
covenants, conditions or restrictions contained in these Protective Covenants.
Section 8. Ca tions. The captions preceding the various Articles of these
Protective Covenants are for the convenience of reference only, and shall not be used as an aid in
interpretation or construction of these Protective Covenants. As used herein, the singular includes
the plural and where there is more than one Owner of a Lot, said Owners are jointly and severally
liable for the obligations herein imposed. Throughout these Protective Covenants, references to
the masculine shall be deemed to include the feminine, the feminine to include the masculine and
the neuter to include the masculine and feminine.
Section 9. Assignability of Rights and Liabilities. DECLARANT shall have the
right to sell, lease, transfer, assign, license and in any manner alienate or dispose of any rights,
interests and liabilities retained, accruing and reserved to it by these Protective Covenants.
Following any such disposition, DECLARANT in no way shall be liable or responsible to any
party with regard to any such right, interest, or liability or any claim or claims arising out of same
in any manner.
Section 10. Liberal Construction. The provisions of these Protective Covenants
shall be construed liberally to effectuate its purpose of creating a Subdivision of fee simple
ownership of Lots and buildings governed and controlled by rules, regulations, restrictions,
covenants, conditions, reservations and easements administered by an Owners' Association with
each Owner entitled to and burdened with the rights and easements equivalent to those of other
Owners.
IN WITNESS WHEREOF, Lanvale Corporation, the DECLARANT, has caused
this instrument to be executed as of the day and year first above written.
LANVALE CORPORATION
By:
resident
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Inst # 228659 Book 2008Page: 481
NORTH CAROLINA
r
NEW HANOVER COUNTY
l .
I, ; a Notary Public of the State and County
aforesaid, certify that S personally came before me
this day and acknowledged that he is� � President.of LLvale Corporation, a North
Carolina corporation, and that by authority,dttly given -,aid -as -the act of the corporation, the
foregoing instrument was signed in its name'by its:'-- President.
a �
WITNESS my hand and'.official seal this VQ) day of, or, 2004.
Notary Public
My commission expires: SNA�/i��b�i
�. � � u�',r•D�ARy � ''
_y s P `,0 =
3 .
STATE OF NORTH CAROLIM
COUNTY OF BRUNSWICK ;:SANDRA S HAIGLER
The Foregoing (or annexed) Certif,cate(s)'of
Notary(ies),Public is (are) Certified to be Correct, loth Sept Embed 2004
This Instrument was filed for Registration on this Day of ,
in the Book and page shown on the First Page hereof. '
RO E J. RO INSOh1 Registen of Deeds
1, t
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