WQ0022689_Regional Office Historical File Pre 2018 (3)

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Naturi ices
July 26, 2007
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Larry Cook -The Enclave at Beverly Crest
Denise Laurendeau-Belle Vista Condominium Association
PO Box 11906
Charlotte, NC 28220
Subject: Permits Numbers : WQ0022689 Belle Vista Condominium WQ0023918 The Enclave
@ Beverly Court
Collection System Extensions
Mecklenburg County
Dear Ms. Laurendeau, Mr. Cook:
The Division of Water Quality has reviewed the application for Permit Name and Ownership name
for Sewer Systems. (Form PNOCF-S 09/04) The review revealed that the Homeowners Association
Bylaws and Declaration were not included with the application. Please review the required items on the
application (Item No.4 ).
Please submit a copy of the Homeowners Association Bylaws and Declarations for the Belle Vista
Condominium and The Enclave at Beverly Crest Projects by August 26,2007 to properly transfer
ownership from Pulte Homes to Belle Vista & The Enclave at Beverly Crest Homeowners Associations.
If you have any questions feel free to e- mail me at [e-mail] or phone [phone] ext
526.
ncerely,
Thomas Ascenzo-Envtro
PERCS Unit
al Specialist
CC : Mecklenburg County Health Dept.
: Mooresville Regional Office
Central files WQ0€122689/WQ0023918
David Cushing, Pulte Homes, 11121 Carmel Commons Blvd Suite 450
Cllarlcltte.,lC 28226
NC DWQfPERCS
Internet; h2o.enr.s
1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
t/index.htrnl 512 N. Salisbury St. Raleigh, NC 27604
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/ 10% Post Consumer Paper
FAX [phone]

PERMIT NAME OR OWNERSHIP CHANGE FORM
FOR SEWER SYSTEMS
FORM PNOCF-S 09/04
This form may be photocopied for use as an original but not altered in any way.
This form is to be used for tranferring a permit for a sewer system to a new owner or changing a company name. Sewer
permits stem with a WQ and contain the terms sewer extension or collection system in the permit subject field. This form
should not be used for permits beginning with NC, NCG, SW or other types of non -sewer permits beginning with WQ.
I. REQUIRED ITEMS- --PLEASE READ CAREFULLY. INCOMPLETENESS OR OMISSIONS MAY LEAD TO DELAYS IN
PROCESSING YOUR REQUEST.' .
11,
1.. Submit one original of this completed and appropriately executed Form.
-a. - For a change of ownership, the certification must be signed by both the current permit
holder and the new applicant.
b. For a name change only, the certification must be signed by the applicant.
2. Provide legal documentation of the transfer of ownership or company name change (such as a
contract, deed, article of incorporation, approved Board minutes, etc.) for ownership changes.
3. For transfer from a developer to another developer who is selling lots:
a. Submit a properly executed Operational Agreement (Form DEV 02/03).
b. If the developer has already formed a legal Homeowner's Association (HOA) in
accordance with an executed Operational Agreement, submit a copy of the articles of
incorporation, Declaration and Bylaws that contain the language required by the
Operational Agreement.
4. For transfer from a developer to a legally formed and registered homeowner or property owner
association (HOA/POA):
a. Submit a properly executed Operational Agreement (Form HOM
b. Submit a copy of the Association Bylaws and Declarations that cos itrth -lc ,gage
required by the Operational Agreement.
1. r
IL PURPOSE OF THIS TRANSFER t--
❑ Name Change [Ownership Change ❑ Other (explain on separate sheet
1(
JUN 1 4 2007 : }
41.
11I. CURRENT PERMIT INFORMATION
Permit number: WQ00 a 39 1 S
Company name: Fa Ii-a Hottil,r.5
Permit signing official name and title (current name on permit):
41 .AL Cvshti rt5 --. V A b e L.a,%01
Mailing address: 1,11.2 l L cat me l (60461.04s Dlv cQ
S. k e L15"b
City: C tat 1 b 1 l t
State: Al C,,,_
Zip: e?S724.
Tel: 7O'. • rya • in2a
Fax: 70rf • 44/' • 71599
E-mail:
NorthCarolina
Naturally
Pretreatment, Emergency Response and Collection Systems Unit
1617 Mail Service Center, Raleigh, NC 27699-1617-
Courier/Ovemight 512 N. Salisbury Street, Suite 1304, Raleigh, NC 27604
'telephone [phone] Fax [phone]
Internet http://h2o.enr.ncstate.us/ndpu
An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper

,/. NEW OWNER/NAME INFORMATION
Company name: i�E E/farPC ifekTP'
Authorized signing official name and title (see 15A NCAC 2H .0206)
fry Cook,e5.df . .
Mailing address: Pb - ox l CiO 4
City: 3410,1O State:
11,.)G
Tel: 7' 377— I /
V. CERTIFICATIONS
•
Fax:
FORM PNOCF-S
PAGE 2/2
E-mail: .
Zip: rr��c,9� ^ o
o�'�pp9'
Current Permiffee's Certification:
I, ervan he ( , attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this application are not completed and that if all required supporting information
and attachments are not included, this application package will be returned as incomplete. I
understand I will continue to be responsible for compliance with the current permit until a new permit
is issued.
-For PIl-+-c Homes:
Signature:
2. Applicant's Certification:�
/
I, lA'tp" G /d/F
Date:
attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this application are not completed and that if all required supporting information
and attachments are not included, this application package will be returned as incomplete.
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE ATTENTION OF MARIE
DOKLOVIC AT THE LETTERHEAD ADDRESS
***END OF FORM PNOCF S 09/04***

69:
'1C :' ' ' 's'Ez3 QUALITY
ii; P ‘7'.
JUN 200T 'PERMIT NAME OR OWNERSHIP CHANGE FORM
FOR SEWER SYSTEMS
e; <4H r FORM PNOCF-S 09/04
This form may be photocopied for use as an original but not altered in any way.
This form is to be used for franferring a permit for a sewer system to a new owner or changing a company name Sewer
permit S start with a WQ and contain the terms sewer extension or collection _system in the permit_subject field. This form,
should .not be used for permits beginning with NC, NCG, SW or other types of non -sewer permits beginning with WQ.
I. REQUIRED ITEMS - PLEASE READ CAREFULLY. INCOMPLETENESS OR OMISSIONS MAY LEAD TO DELAYS IN
PROCESSING YOUR REQUEST.
1. Submit -one original of this completed and appropriately executed Form.
a. For a change of ownership, the certification must be signed by both the current permit
holder and the new applicant.
b. For a name change only, the certification must be signed by the applicant.
2. Provide legal documentation of the transfer of ownership or company name change (such as a
contract, deed, article of incorporation, approved Board minutes, etc.) for ownership changes.
3. For transfer from a developer to another developer who is selling lots:
a. Submit a properly executed Operational Agreement (Form DEV 02/03).
b. if the developer has already formed a legal Homeowner's Association (HOA) in
accordance with an executed Operational Agreement, submit a copy of the articles of
incorporation, Declaration and Bylaws that contain the language required by the
Operational Agreement.
4. For Transfer from a developer to a legally formed and registered homeowner or property owner'
association (HOA/POA):
a. Submit a properly executed Operational Agreement (Form HOA 02/03).
b. Submit a copy of the Association Bylaws and Declarations that contain the language
required by the Operational Agreement.
II. PURPOSE OF THIS TRANSFER
❑ Name Change [Ownership Change
Ill. CURRENT PERMIT INFORMATION
❑ Other (explain on separate sheet)
Permit number: WQ00oi2L $9
Company name: Pu «'C Reaktes
Permit signing official name and title (current name on permit):
D&v i ca. Cis hi naJ - V P of L-4vteQ
-
Mailing address: tt to ti Car Mel Coa,nti,oni31.14 SVi 4 c
4s0
City: C.6.(Ib-l#c N L
State: N L
Zip: 214,24
Tel: 704 $ 3 lit PR
Fax: 7D4/ 4fiy 7op9'
E-mail:
•
NorthCarolina
Naturally
Pretreatment, Emergency Response and Collection Systems Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
Courier/Ovemight 512 N. Salisbury Street, Suite 1304, Raleigh, NC 27604
Telephone [phone] Fax [phone]
Internet httpJ/h2o.enr.nc.state.us/ndpu

- ..•» r_r ' I llll
I. NEW OWNER/NAME INFORMATION
Cornan name: b�
•Autho ed signing officia name' and title (see 15A NCAC 2H .0206) t"
-Mailin. address: /
Ci1L-
Tel: [D 61/
V. CERTIFICATIONS
I.
State:
E-mail:
FORM PNOCF-S
PAGE 212
Current Permittee's Certification:
1, arYan Fi°he, , attest that this application for name/ownership change has been
reviewed and is accurate and complete to the best of my knowledge. I understand that if all
required parts of this application are not completed and that if all required supporting information
and attachments are not included, this application package will be returned as incomplete. I
understand I will continue to be responsible for compliance with the current permit until a new permit
is issued.
Far Pal+r NeMes
Signature:
2. Applicant's Certification:
Date:
attest that this application for name/ownership change has been
reviewed arid is accurate and complete to the best of my knowledge. I understand that if all
required parts of ,this application are not completed and that if all required supporting information
and attachments are not included, this application package will be returned as incomplete.
1
Signature:
Date:
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING
INFORMATION AND MATERIALS, SHOULD BE SENT TO THE ATTENTION OF MARIE
DOKLOVIC AT THE LETTERHEAD ADDRESS
***END OF FORM PNOCF-S 09/04***

FOR REGISTRATION JUDITH A. GIBSON
REGISTER OF DEEDS
MECKLENBURG COUNTY, NC
2004 MAY 20 11141 AM
BK:17225 PG;710-729 FEE:08.00
2
FIRST AMENDMENT TO
DECLARATION OF
BELLE VISTA CONDOMINIUM
Filed for Record May 20, 2004
Recorded in Book _L7 12S, Pages 7/0 through 721
In the Office of the Register of Deeds for
Mecklenburg County, North Carolina
UNENT ti 2004112544
i 4112!54��4
111 I1 II..
Prepared by and after recording mail to:
HORACK, TALLEY, PHARR & LOWNDES, P.A. :II DP)
2600 One Wachovia Center
301 South College Street
Charlotte, North Carolina 28202-6038
(R/D Box #194)
CT. \WtNN'F\Profilcs\nnckcrecne\Ten-pomp into -net Fil\CB'. K2\GCVXO41,f7CX
0

FIRST AMENDMENT
TO
DECLARATION OF
BELLE VISTA CONDOMINIUM
THIS FIRST AMENDMENT made and entered into as of May 19, 2004, by PULTE
HOME CORPORATION (hereinafter referred to as the "Declarant "), and the undersigned
Owners.
RECITALS
The Declarant heretofore executed and recorded that certain Declaration of Belle Vista
Condominium, dated February 12, 2004, recorded in Book 16780, Pages 275 — 364, in the office
of the Register of Deeds for Mecklenburg County, North Carolina (the "Declaration") for the
purpose of submitting to the condominium form of ownership under the North Carolina
Condominium Act certain real property described therein under the name "Belle Vista
Condominium".
The Declarant and the other parties who are signatories to this First Amendment own all
of the Units within Belle Vista Condominium, and now desire to amend the Declaration in the
manner hereinafter set forth.
AMENDMENT
The Declarant and the other parties to this First Amendment hereby amend the
Declaration as follows:
].. By adding thereto a new Paragraph 1.10(A) to read as follows:
1.10(A) "Carport" shall have the following meaning: There may be located on
the Property with the Condominium certain improvements consisting of a roof stricture
which encloses vehicular parking spaces and attached storage sheds. Any such
improvements are identified on the Plat as being a "Carport Structure". As used in this
Declaration, the terrn "Carport" shall mean each individual portion of such Carport
Structures that consists of the parkingspace for an individual vehicle and the storage shed
that is appurtenant to such parking space. The portion of the roof of such structure
located above such individual parking space shall also be a part of the particular Carport.
Each Carport shall be identified and demarcated by a number that shall be displayed on
the portion of the structure containing such Carport.
2. By adding the following sentence to Paragraph 1.28 thereof:
That portion of the Property consisting of the individual Carports shall constitute
Limited Common Elements that shall. be allocated specially to certain Units in the
manner provided for in this Declaration.
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3. By adding the following sentence to end of Paragraph 1.32 thereof:
The term "Plat" shall also refer to the survey plat depicting additional phases of
the Condominium that shall be recorded by the Declarant in connection with the exercise
of its Special Declarant Right to add Additional Property to the Condominium pursuant
to the provisions of Paragraph 3.3 hereof.
4. By adding the following paragraphs to Paragraph 2.9 thereof:
In the event that the Declarant shall exercise its right under Paragraph 2.15 hereof
to construct any Carports on the Property, each such Carport shall be initially allocated to
Unit Number 04108 Thereafter, for so long as the Declarant shall remain the owner of
such Unit Number 04108 any such Carport may be reallocated to another Unit either (a)
by an amendment to this Declaration executed by the Declarant and the owner of the Unit
to which such Carport is to be thereby reallocated, or (b) by being reallocated to another
Unit in the deed of conveyance by which the Declarant shall convey such Unit to the
owner thereof. After any Carport constructed on the Property by the Declarant pursuant
to Paragraph 2.15 hereof shall have been so reallocated by the Declarant, said Carport
may be reallocated in the manner provided for the same in § 47C-2-108(b) of the Act.
In the event that any Carports shall have been constructed on any portion of the
Additional Property at the time said portion of the Additional Property shall be added to
the Condominium through the exercise by the Declarant of its Special Declarant Rights
pursuant to Paragraph 3.3 hereof, then such Carports shall be allocated to the Unit or
Units so specified in the Amendment to this Declaration which Declarant shall have
executed for the purpose of exercise its Special Declarant Right so as to add such
portions of the Additional Property to the Condominium. Thereafter, any such Carport
may be reallocated to another Unit either (a) by an amendment to this Declaration
executed by the Declarant and the owner of the Unit to which such Carport is to be
thereby reallocated, or (b) by being reallocated to another Unit in the deed of conveyance
by which the Declarant shall convey such Unit to the owner thereof. Thereafter, such
Carport may be reallocated in the manner provided for the same in §47C-2-108(b) of the
Act.
Any deed of conveyance for a Unit which shall be executed by the Declarant, and
which shall allocate a Carport as a Limited Common Element to such Unit, shall be
deemed to be an amendment to the Declaration for purposes of in §47C-2-108(b) of the
Act.
5. By adding thereto a new section 2.15 thereof to read as follows:
2.15 Construction of Carports. Notwithstanding any provision of the Act or this
Declaration which shall provide to the contrary, the Declarant shall have the right, but not
the obligation, to construct Carports on the Property. Any such Carport as the Declarant
shall elect to construct on the Property shall be located within the portion of the Property
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2

depicted on the Plat as being parking areas and landscaping within the parking areas.
Accordingly, all portions of the parking areas on the Property and the landscaping within
such parking areas constitute real estate which may be allocated subsequently as Limited
Common Elements. The parking areas on the Property and the landscaping within such
parking areas may be allocated subsequently as Limited Common Elements. in the event
that the Declarant shall exercise such right, upon the completion of construction of such
Carports, the Declarant shall file with the register of deeds of Mecklenburg County a new
Plat of the Property depicting such Carports, which Plat shall replace and supersede the
Plat identified on Exhibit C hereto, which the Declarant filed at the time of the recording
of this Declaration,
6. By deleting the first three sentences of Paragraph 5.9 thereof, and by substituting, in lieu
thereof, the following:
The only vehicles that may be parked on the Property (including, without
limitation, within the Carports) are passenger vehicles in operating condition with their
then current license plates and, if applicable, operating stickers attached. Such vehicles
may include pick-up trucks having a load bearing capacity of no more than one-half ton.
Every such vehicle shall be parked only in a Carport or parking space marked as such.
7. By inserting the parenthetical phrase ("other than the Carports") after the words
"particular parking spaces", as the same appear in the last sentence of Paragraph 5.9 of
the Declaration.
8. By adding to Paragraph 7.2 thereof, a new paragraph (c) to read as follows:
(c) Without limiting the generality of the foregoing, all of the costs
and expenses associated with the maintenance, repair, renovation, restoration and
replacement of any Carport shall be specifically assessed against, and shall be
paid by, the owner of the Unit to which such Carport was allocated at the time
such costs and expenses were made or incurred, unless such costs are paid for
with the proceeds of insurance maintained by the Association. The owner of any
Unit to which any Carport has been allocated as a Limited Common Element shall
be liable for a special monthly assessment which shall be Levied by the Board for
the purpose of establishing and maintaining a reserve fund to be used for the
repair and replacement of such Carport on a periodic basis. All of the costs and
expenses associated with the maintenance, repair, renovation, restoration and
replacement of any Carport and which are not paid out of the funds contained in
such reserve fund, shall be added to and become a part of the assessment to which
the owner of the Unit to which such Carport is allocated is subject, and, unless it
is determined otherwise by the Board, shall be due and payable at the time the
next installment of such assessment shall be due and payable."
Except as modified and amended hereby, the Declaration shall otherwise remain in full
force and effect pursuant to its terms.
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3

IN WITNESS WHEREOF, the Declarant and the additional undersigned Unit Owners
hereby execute this First Amendment on the day and year first above written.
DECLARANT •
PULTE HOME CORPORATION
Thomas,W. Bruc
Attorney -in -Fact
Ilene Goldberg
Cameron Grice
Jenny Johnson
Vincent Cantore
C. William Claypool
Gilmer Murdock
littasteribuniz
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4

IN WITNESS WHEREOF, the Declarant and the additional undersigned Unit Owners
hereby execute this First Amendment on the day and year first above written.
DECLARANT
PULTE HOME CORPORATION
By: y i/Zstr-
Thomas W : ruce
Attorney- -Fact
Ilene Goldberg
eon Grice
Jenny Johnson
Vincent Cantore
C. William Claypool
Gilmer Murdock
BeasleycBT-MA
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4

IN WITNESS WHEREOF, the Declarant and the additional undersigned Unit Owners
hereby execute this First Amendment on the day and year first above written.
DECLARANT
PULTE HOME CORPORATION
C-----\I
Thomas Bruce
Attorney • -Fact
y:
Ilene Goldberg
Cameron Grice
Jen Johnst3nrA41)--
Vincent Cantore
C. William Claypool
Gilmer Murdock
Rritlult
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4

IN WITNESS WHEREOF, the Declarant and the additional undersigned Unit Owners
hereby execute this First Amendment on the day and year first above written.
DECLARANT
PULTE HOME CORPORATION
r
Thomas Bruc
Attorne', in -Fact
Ilene Goldberg
Cameron Grice
Jenny Johnson
C. William Claypool
Gilmer Murdock
BMWEfablx
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4

IN WITNESS WHEREOF, the Declarant and the additional undersigned Unit Owners
hereby execute this First Amendment on the day and year first above written.
DECLARANT
PULTE HOME CORPORATION
Thomas . Bruce
Attorne -in-Fact
IIene Goldberg
Cameron Grice
Jenny Johnson
Vincent Cantore
C. WiIliam Claypool
Gilmer Murdock
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4

IN WITNESS WHEREOF, the Declarant and the additional undersigned Unit Owners
hereby execute this First Amendment on the day and year first above written.
DECLARANT
PULTE HOME CORPORATION
Thomas . Bruce
Attorney in -Fact
Ilene Goldberg
Camerbn Grice
Jenny Johnson
Vincent Cantore
C. William Claypool
CAWINNT\Profiles \cmtkenzie\Temporary Internet Files \OLK2\1st Amendment to Declaration of Belle Vista Condominium.DOC
4

IN WITNESS WHEREOF, the Declarant and the additional undersigned Unit Owners
hereby execute this First Amendment on the day and year first above written.
DECLARANT
PULTE HOME CORPORATION
By:1 (/-
Thom I W. B
Attorney -in -Fact
Ilene Goldberg
Cameron Grice
Jenny Johnson
Vincent Cantore
C. William Claypool
Gilmer Murdock
� / :7
Teddis Holbrook Beasley IV
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STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
1, Rasntir (Q - /, j , a Notary Public for said County and State, do
hereby certify that Thomas W. Bruce,kttorney-in-Fact for Pulte Home Corporation, a
Michigan corporation, personally appeared before me this day and being by me duly sworn,
says that he executed the foregoing instrument for and in behalf of Pulte Home Corporation,
a Michigan corporation, and that his authority to execute and acknowledge said instrument is
contained in an instrument duly executed, acknowledged and recorded in the Office of the
Register of Deeds for Mecklenburg County, North Carolina, in look 13074 at Page 900, and
that this instrument was executed under and by virtue of the authority given by said
instrument granting him power of attorney; that the said Thomas W. Bruce acknowledged the
due execution of the foregoing instrument for the purposes therein expressed for and in
behalf of the said Pulte Home Corporation, a Michigan corporation.
I9th May, 2004.
WITNESS my hand and official seal this day of e;xSbt 03.
z (0-
Notary Public
i sion Expires:

State of North Carolina
County of R 1G)
�, WIL}urn,M\ IN—Vc
Goldberg personally appeared befo
foreg ing in trument. Witness m
h r 1 , 2004.
Notary Public
My Commission Expires:
y Commission Expires June 1U
TEA RY SEAL]
vstlaz. °..•
Acknowledgment
, a Notary Public, do hereby certify that Ilene
me this day and acknowledged the duexecution of the
•d and official seal this the l >~r day of
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5

Acknowledgment
State of North Carolina
County of e c. K1 er iew.„-
I, 0 • +WA, l P , a Notary Public, do hereby certify that Cameron
Grice personally appeared before me his day and acknowledged the due execution of the
foregoing instrument. Witness my hand and official seal this the a044- day of
i-tpr: I , 2004.
Notary Public
My Commission Expires:
PU8t.1Gr= c)
.+,•., ,,4. ,1.
o, '
h -\COitt'
TARY SEAL]
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9

State of North Carolina
County of .pJ 461_
I, P kL �Q
Johnson personally appeared before me
forego)-ig instrument. Witness my hand
, 2004.
Notary Public
My Commission Expires:
[AFFIX NOTARY SEAL]
Acknowledgment
, a Notary Public, do hereby certify that Jenny
this day and acknowledged the clue execution of the
and official seal this the 2 p day of
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6

Acknowledgment
State of North Carolina
County of
1, or clq r yd , a Notary Public, do hereby certify that Vincent
Cantore personally appeared before me this day and acknowledged the due execution of the
foregoing instrument. Witness my hand and official seal this the �j`�l day of
2004.
Notary Public
My Commission Expires:
rr • . sY:•
" L1G.:. -
G
IN°
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7

State of North Carolina
County of
I, Nete_M2
Acknowledgment
, a Notary Public, do hereby certify that C. William
Claypool personally appeared + fore me this day and acknowledged the due exec. upon of the
foregoing un tr ent. Witness my hand and official seal this the /4''1 day of
, 2004.
091(euik-o-
Notary Public
My Commission Expires:
dote, !g( ? G
[AFFIX NOTARY SEAL]
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9

Acknowledgment
State of North Carolina
Coun of
�-� • .�-� , a Notary Public, do hereby certify that Gilmer L
°r o k rsonally peared before me this day and acknowledged the du xecution of the
going it trument. Witness my hand and official seal this the fi' day.of
, 2004.
1
o�
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8

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
1, Pamela 0 McAuley, the undersigned Notary Public in and for the County and
State aforesaid, certify that John R. Koenig personally appeared before me this day, and
being duly sworn, stated that in his presence Teddis Holbrook Beasley IV acknowledged
the execution of the foregoing instrument.
WITNESS my hand and notarial seal, this 18th day of May 2004.
&. n,
Notary Public
//-‘•.,7ao7

JUDITH A. GIBSON
REGISTER OF DEEDS, MECKLENBURG
COUNTY & COURTS OFFICE BUILDING
720 EAST FOURTH STREET
CHARLOTTE, NC 28202
Filed For Registration:
Book:
Document No.:
Recorder:
05/20/2004 11:41 AM
RE 17225 Page: 710-729
2004112544
DEC!U 20 PGS $68.00
DONYETTA HARGROVE
State of North Carolina, County of Mecklenburg
***
The foregoing certificate of PAMELA 0 MCAULEY , WILBURN M SANDERS , D.R. HERBERT , DORINDA
RICHARD , CAROL E JOHNSON Notaries are certified to be correct. Thisf•
20TH of 2004
ger.ej
JUDITH A. GIBSON, REGISTER OF DEEDS By:
Deputy/Assistant Register of Deeds
•*********************i**************************i**************fhHM}**********************IhF**t***#*******************k
111111111111 IlUl iiiii oiiii iiiii Hill iiiii iiiii iiiii iiii iiii
2004112544

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
FOR REGISTRATION JUDITH A. GIBSON
MECKLENBURG COUNTY NC
2BK:172254PG:730 73B FEE�35.00
INSTRUMENT N 2004112545
111111111111111111111111111
SECOND AMENDMENT TO
DECLARATION OF BELLE VISTA
CONDOMINIUM AND SUPPLEMENTAL
DECLARATION OF BELLE VISTA
CONDOMINIUM PHASE 11
THIS SECOND AMENDMENT AND SUPPLEMENTAL DECLARATION and
Exhibits which are attached hereto and made a part hereof are made and executed as of the
cf t`' day ofMay, 2004 by PULTE HOME CORPORATION, a Michigan corporation (the
"Declarant"), for itself, its successors and assigns, pursuant to the provisions ofChapter47C
oftheNorth Carolina General Statutes entitled the "North Carolina Condominium Act" (the
"Act") and Article III of the Declaration of Belle Vista Condominium recorded in Book
16780 at Page 275 in the Mecklenburg County Public Registry.
WITNESSETH:
WHEREAS, the Declarant created Belle Vista Condominium Phase IA by
Declaration of Belle Vista Condominium recorded in Book 16780 at Page 275 as amended
by First Amendment to Declaration of Belle Vista Condominium recorded in Book 1722_J
at Page 710 in the Mecklenburg County Public Registry (collectively referred to herein
as the "Declaration"); and
WHEREAS, the Declaration provides in Article in that Declarant can add all or part
of the Additional Property described on Exhibit A-1 ofthe Declaration to the Condominium
pursuant to Section 47C-2-110 of the Act; and
WHEREAS, the property described on Exhibit A attached hereto and incorporated
herein by reference (the "Phase II Property") comprises a portion of the property described
as Additional Property on Exhibit A-1 in the Declaration; and
WHEREAS, Declarant desires to submit the Phase II Property to the provisions of
the Act as Phase II of the Belle Vista Condominium and has constructed one (1) building
I1TPL: 220622.1
DRAWN BY/MAIL TO: H. David Powell.(RD Box #194)
Ste. 2600, 301 S. College St., Charlotte, NC 28202

on the Phase II Property and desires to divide the Phase II Property into forty (40)
Condominium Units and designate all such Units for separate ownership as part of Belle
Vista Condominium and subject to the Declaration; and
- WHEREAS, the Declarant also desires to further amend the Declaration.
NOW, THEREFORE, the Declarant hereby agrees and declares as follows:
1. The Declarant does hereby submit the Phase II Property and all improvements
located thereon to the provisions of Chapter 47C of the North Carolina General Statutes as
Phase II of Belle Vista Condominium, and does hereby divide the Phase II Property into
forty (40) Condominium Units, each designated for separate ownership and does hereby
publish and declare that all of the Phase II Property and the forty (40) Condominium Units
created thereon, are subject and shall be held, conveyed, hypothecated, encumbered, used
and occupied, subject to the covenants, conditions, restrictions, uses, limitations and
obligations of the Declaration which isincorporated herein by reference, which shall be
deemed to run with the land and shall be a burden and benefit to the Declarant, its successors
and assigns, and any persons acquiring any interest in the Phase II Property and the forty
(40) Condominium Units created thereon, their grantees, successors, heirs, executors,
administrators, designees and assigns.
2. The Units created hereby are Units 05101 thru 05110, inclusive; Units 05201
thru 05210, inclusive; Units 05301 thru 05310, inclusive; and Units 05401 thru 05410,
inclusive, and are more particularly described as shown on the plans and survey for Belle
Vista Condominium Phase II recorded in Unit Ownership File No. 674 in the Office of the
Register of Deeds for Mecklenburg County, North Carolina simultaneously with the
recording of this Second Amendment and Supplemental Declaration and which plans and
survey are incorporated herein by reference.
3. The Exhibit D to the Declaration setting forth the Percentage ofthe Undivided
Interest in Common Elements and Common Expenses for the Units shall be deleted and
replaced with the Exhibit B attached hereto and incorporated herein by reference, which
describes all of the Units in Belle Vista Condominium, including the Units created out of
the Phase II.Property and the Percentage of Undivided Interest in Common Elements and
Common Expenses for all Units in Belle Vista Condominium.
4. The Declaration shall be amended by adding the following Section 5.3(i):
"5.3(i). In the event that the Board shall determine that the same is in the best
interest of the Condominium, the Board shall specify restrictions on the amount of
hard floor surfaces which will be allowed in each Unit and requirements for
HTPL: 220622.1

acoustical barriers to be used in the installation of any hard floors in a Unit. In the
event that the Board shall at any time place restrictions on the amount of hard floor
surfaces allowed in a Unit and requirements for acoustical barriers to be used in the
installation of any hard floors in a Unit, all Unit Owners shall comply with such
restrictions and requirements."
5. AlI capitalized terms herein shalt have the same meanings and definitions as
set forth in the Declaration.
IN WITNESS WHEREOF, Declarant has caused this Second Amendment and
Supplemental Declaration to be executed as of the day and year first above written.
PULTE HOME CORPORATION, a Michigan
corporation
Thomas W
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
ttorney-in-Fact
1, Q.' e 0. nivc,a.LIPt,s , a Notary Public for said County and State, do
hereby certify that Thomas W. Bruce, Attorney -in -Fact for Pulte Home Corporation, a
Michigan corporation, personally appeared before me this day and being by me duly sworn,
says that he executed the foregoing instrument for and in behalf of Pulte Home Corporation,
a Michigan corporation, and that his authority to execute and acknowledge said instrument
is contained in an instrument duly executed, acknowledged and recorded in the Office ofthe
Register of Deeds for Mecklenburg County, North Carolina, in Book 13074 at Page 900,
and that this instrument was executed under and by virtue of the authority given by said
instrument granting him power of attorney; that the said Thomas W. Bruce acknowledged
the due execution of the foregoing instrument for the purposes therein expressed for and in
behalf of the said Pulte Home Corporation, a.Michigan corporation;
..................
R" T omission Expires:
, ._. 4.0 •'w :
\
wo� 4 J
,,,THilt: 220622.1
WITNESS my hand and official seal this 4 q' ' day of (Y\ H , 2004.
Notary Public
3

EXHIBIT A •
Legal Description of Phase II Property
BEGINNING at a #4 rebar in the southwesterly margin ofDurant Boulevard (private street),
said rebar marking the northerly corner of Belle Vista Condominium Phase 1 A as shown in
Unit Ownership File No. 674 in the Mecklenburg County Public Registry, said rebar also
being located North 34-40-37 West 67.94 feet from set concrete monument "Control
Corner" with N.C. Grid Coordinates (NAD 83) ofN = 479,583.456 and E= 1,445,041.894,
and running thence from said Beginning Point with the northwesterly margin of the
aforesaid Belle Vista Condominium Phase 1A as described in Unit Ownership File No. 674
in the Mecklenburg County Public Registry South 54-54-07 West 314.88 feet to a#4 rebar;
thence North 34-05-37 West 85.85 feet to a point; thence North 34-30-42 West 157.76 feet
to a #4 rebar in the southeasterly margin of Ballantyne Commons West Parcel D Phase 1
Map 4 recorded in Map Book 38 at Page 7 in the Mecklenburg County Public Registry;
thence with the aforesaid southeasterly margin of Ballantyne Commons West Parcel D
Phase 1 Map 4 and the southeasterly margin of Ballantyne Commons West Parcel D Phase
1 Map 3 recorded in Map Book 37 at Page 659 in the Mecklenburg County Public Registry
North 51-23-18 East 202.38 feet to a #4 rebar; thence with the easterly margin of the
aforesaid Ballantyne Commons West Parcel D Phase 1 Map 3 North 08-27-16 East 98.66
feet to a #4 rebar in the southerly margin of Ballantyne Commons West Parcel D Phase 1
Map.1 recorded in Map Book 36 at Page 269 in the Mecklenburg County Public Registry;
thence with the southerly margin ofthe aforesaid Ballantyne Commons West Parcel D Phase
1 Map 1 North 74-26-25 East 74.75 feet to a #4 rebar in the aforesaid southwesterly margin
of the right-of-way of Durant Boulevard (private street); thence with the southwesterly
margin ofthe right ofway ofDurant Boulevard (private street) the following two (2) courses
and distances: (1) with the arc of a circular curve to the left having a radius of 480.0 feet, a
chord bearing and distance of South 25-07-06 East 159.19 feet, an arc distance of 159.93
feet to a set concrete monument ("Control Corner") with N. C. Grid Coordinates (NAD 83)
ofN = 479,759.131 and E = 1,444,920.355 and (2) South 34-40-37 East 145.71 feet to the
Point and Place of BEGINNING and containing 1.971 acres, all as shown on survey entitled
"Final Plat of Belie Vista Condominium Phase II" dated March 10, 2004 by Scott L. Hunter
of ESP Associates, P.A., to which survey reference is hereby made for a more particular
description of the property.
HTPL: 220622.1
4

EXHIBIT B
TO SECOND AMENDMENT AND SUPPLEMENTAL DECLARATION OF
BELLE VISTA CONDOMINIUM PHASE II
UNIT NUMBER UNIT TYPE
04101
04102
04103
04104
04105
04106
04107
04108
04109
04110
04201
04202
04203
04204
04205
04206
04207
04208
04209
042I0
04301
HTPL: 220622. I
B
A
B
C
C
B
A
B
C
C
B
A
B
C
C
B
A
B
C
C
B
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
1.2500%
1.1718%
1.2500%
1.2891%
1.2891%
1.2500%
1.1718%
1.2500%
1.2891%
1.2891%
1.2500%
1.1718%
1.2500%
1.2891%
1.2891%
1.2500%
1.1718%
1.2500%
1.2891%
1.2891%
1.2500%

04302
04303
04304
04305
04306
04307
04308
04309
04310
04401
04402
04403
04404
04405
04406
04407
04408
04409
04410
05101
05102
05103
05104
05105
05106
05107
05108
HTPL; 220622.1
A 1.1718%
B 1.2500%
C 1.2891%
C 1.2891%
B 1.2500%
A 1.1718%
B 1.2500%
C 1.2891%
C 1.2891%
B 1.2500%
A 1.1718%
B 1.2500%
C 1.2891%
C 1.2891%
B 1.2500%
A 1.1718%
13 1.2500%
C 1.2891%
C 1.2891%
B 1.2500%
A 1.1718%
B 1.2500%
1.2891%
C 1.2891%
B 1.2500%
A 1.1718%
B 1.2500%

05109
05110
05201
05202
05203
05204
05205
05206
05207
05208
05209
05210
05301
05302
05303
05304
05305
05306
05307
05308
05309
05310
05401
05402
05403
05404
05405
HTPL: 220622.1
c
c
B
A
B
c
c
B
A
B
c
c
B
A
B
c
c
B
A
B
c
c
B
A
B
c
c
1.2891%
1.2891%
1.2500%
1.1718%
1.2500%
1.2891%
1.2891%
1.2500%
1.1718%
1.2500%
1.2891%
1.2891%
1.2500%
1.1718%
1.2500%
1.2891%
1.2891%
1.2500%
1.1718%
1.2500%
1.2891%
1.2891%
1.2500%
1.1718%
1.2500%
1.2891%
1.2891%

05406 B 1.2500%
05407 A 1.1718%
05408 B 1.2500%
05409 C 1.2891%
05410 C 1.2891%
100%
HTPL: 220622.1

JUDITH A. GIBSON, REGISTER OF DEEDS By:
Deputy/Assistant Register of Deeds
JUDITH A. GIBSON
REGISTER OF DEEDS, MECKLENBURG
COUNTY & COURTS OFFICE BUILDING
720 EAST FOURTH STREET
CHARLOTTE, NC 28202
Filed For Registration: 05/201200411:42 AM
Book: - RE 17225 Page: 730-738
Document No.: 2004112545
DEC/U 9 PGS $35.00
Recorder:
DONYETTA HARGROVE
State of North Carolina, County of Mecklenburg
The foregoing certificate of PAMELA 0 MCAULEY Notary is certified' to be correct. This 20TH of May 2004
C /L/47e—etee4-
-
11111111111111111111111111111111111113111111111111111111
2004112545

FOR REGISTRATION JUDITH A. GIBSON
REGISTER OF DEEDS
MECKLENBURG COUNTY. NC
2005 AUG 09 10:00 AM
BK:/9159 PG:500-511 FEE:$44.00
INSTRUMENT 4 2005152009
111119131111
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
SUPPLEMENTAL DECLARATION
OF BELLE VISTA CONDOMINIUM
PHASE III
THIS SUPPLEMENTAL DECLARATION and Exhibits which are attached
hereto and made a part hereof are made and executed as of the Bj,j day of August,
2005 by PULTE HOME CORPORATION, a Michigan corporation (the "Declarant"), for
itself, its successors and assigns, pursuant to the provisions of Chapter 47C of the North
Carolina General Statutes entitled the "North Carolina Condominium Act" (the "Act")
and Article III of the Declaration of Belle Vista Condominium recorded in Book 16780 at
Page 275 in the Mecklenburg County Public Registry.
WITNESSETFI:
WHEREAS, the Declarant created Belle Vista Condominium Phase IA by
Declaration of Belle Vista Condominium recorded in Book 16780 at Page 275 as
amended by First Amendment to Declaration of Belle Vista Condominium recorded in
Book 17225 at Page 710 and Second Amendment to Declaration of Belle Vista
Condominium and Supplemental Declaration of Belle Vista Condominium Phase II
recorded in Book 17225 at Page 730 in the Mecklenburg County Public Registry
(collectively referred to herein as the "Declaration"); and
WHEREAS, the Declaration provides in Article III that Declarant can add all or
part of the Additional Property described on Exhibit A-1 of the Declaration to the
Condominium pursuant to Section 47C-2-110 ofthe Act; and
DRAWN BY AND MAIL TO:
H. David Powell, Esq. (RD Box #194)
Horack Talley Pharr & Lowndes, P.A.
2600 One Wachovia Center
301 South College Street, Suite 2600
Charlotte, NC 28202-6038
1-1TPL: 257553 v

WHEREAS, the property described on Exhibit A attached hereto and incorporated
herein by reference (the "Phase III Property") comprises a portion of the property
described as Additional Property on Exhibit A-1 in the Declaration; and
WHEREAS, Declarant desires to submit the Phase III Property to the provisions
of the Act as Phase III of the Belle Vista Condominium and has constructed one (1)
building on the Phase III Property and desires to divide the Phase III Property into forty
(40) Condominium Units and designate all such Units for separate ownership as part of
Belle Vista Condominium and subject to the Declaration.
NOW, THEREFORE, the Declarant hereby agrees and declaresas follows:
1. The Declarant does hereby submit the Phase . III Property and all
improvements located thereon to the provisions of Chapter 47C of the North Carolina
General Statutes as Phase III of Belle Vista Condominium, and does hereby divide the
Phase III Property into forty (40) Condominium Units, each designated for separate
ownership and does hereby publish and declare that all of the Phase III Property and the
forty (40) Condominium Units created thereon, are subject and shall be held, conveyed,
hypothecated, encumbered, used and occupied, subject to the covenants, conditions,
restrictions, uses, limitations and obligations of the Declaration which is incorporated
herein by reference, which shall be deemed to run with the land ,and shall be a burden and
benefit to the Declarant, its successors and assigns, and any persons acquiring any
interest in the Phase III Property and the forty (40) Condominium Units created thereon,
their grantees, successors, heirs, executors, administrators, designees and assigns.
2. The Units created hereby are Units 06101 thru 06110, inclusive; Units
06201 thru 06210, inclusive; Units 06301 thru 06310, inclusive; and Units 06401 thru
06410, inclusive, and are more particularly described as shown on the plans and survey
for Belle Vista Condominium Phase III recorded in Unit Ownership File No. 674 in the
Office of the Register of Deeds for Mecklenburg County, North Carolina simultaneously
with the recording of this Supplemental Declaration and which plans and survey are
incorporated herein by reference.
3. The Exhibit D to the Declaration setting forth the Percentage of the
Undivided Interest in Common Elements and Common Expenses for the Units shall be
deleted and replaced with the Exhibit B attached hereto and incorporated herein by
reference, which describes all of the Units in Belle Vista Condominium, including the
Units created out of the Phase III Property and the Percentage of Undivided Interest in
Common Elements and Common Expenses for all Units in Belle Vista Condominium.
4. A1I capitalized terms herein shall have the same meanings and definitions
as set forth in the Declaration.
HTPL: 257553 vl

IN WITNESS WHEREOF, Declarant has caused this Second Amendment and
Supplemental Declaration to be executed as of the day and year first above written.
PULTE HOME CORPORATION,
a Michigan corporation
By: S
Jon S. Hardy, Attorne -Fact
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, 4aa , a Notary Public for said County and State,
do hereby certify that Jon S. Hardy, Attorney -in -Fact for Pulte Home Corporation, a
Michigan corporation, personally appeared before me this day and being by me duly
sworn, says that he executed the foregoing instrument for and in behalf of Pulte Home
Corporation, a Michigan corporation, and that his authority to execute and acknowledge
said instrument is contained in an instrument duly executed, acknowledged and recorded
in the Office of the Register of Deeds for Mecklenburg County, North Carolina, in Book
18160 at Page 354, and that this instrument was executed under and by virtue of the
authority given by said instrument granting him power of attorney; that the said Jon S.
Hardy acknowledged the due execution of the foregoing instrument for the purposes
therein expressed for and in behalf of the said Pulte Home Corporation, a Michigan
corporation.
WITNESS my hand and official seal this
My Commission Expires:
/,W�
J,3, Ale? Notary Public
day of August, 2005.
HTPL: 257553 v1

EXHIBIT A
Legal Description of Phase III Property
Lying and being in the City of Charlotte, Mecklenburg County, North Carolina and being
more particularly described as follows:
BEGINNING at SCM "Control Corner" with NC Grid Coordinates (NAD 83) of N
479,L42.980 and E = 1,444,730.637, said control comer being located North 15-12-48 East
5,099.18 ground distance and 5,098.43 grid distance from NCGS Monument "Lowery" with NC
Grid Coordinates (NAD 83) of N = 474,223.218 and E = 1,443,392.746; thence from said
Beginning Point, North 61-47-36 West 155.43 feet to SCM "Control Corner" with NC Grid.
Coordinates (NAD 83) of N = 479,215.901 and E = 1,444,593.194; thence North 39-11-29 West
337.13 feet to a point in the southeasterly margin of the common open space of Ballantyne
Commons Parcel D Phase 1 Map 6 recorded in Map Book 38 at Page 729 in the Mecklenburg
County Public Registry; thence with the southwesterly property line of the aforesaid common
open space in Ballantyne Commons Parcel D Phase 1 Map 6 and the southeasterly lot lines of
Lots 10, 11, 12 and 13 of Ballantyne Commons Parcel D Phase 1 Map 4 recorded in Map Book
38 at Page 7 in the Mecklenburg County Public Registry, North 51-23-18 East 291.18 feet to a
point marking the westerly comer of Belle Vista Condominium Phase II asshown in Unit
Ownership File No. 674 at Page 9 in the Mecklenburg County Public Registry; thence with the
southwesterly property line of the aforesaid Belle Vista Condominium Phase II and the property
lines of Belle Vista Condominium Phase IA as shown in Unit Ownership File No. 674 at Page 1
in the Mecklenburg County Public Registry, the following six (6) courses and distances: (1)
South 34-30-42 East 157.76 feet to a point, (2) South 34-05-37 East 85.85 feet to a point, (3)
South 34-05-37 East 59.32 feet to a set mag nail, (4) South 45-39-09 East 61.70 feet to a point,
(5) South 30-24-31 West 71.41 feet to a set mag nail and (6) South 60-43-48 East 27.09 feet to a
set mag nail; thence South 28-18-53 West 168.43 feet to the Point and Place of BEGINNING
and containing 2.682 acres, all as shown on survey entitled "Final Plat of Belle Vista
Condominium Phase III" dated May 24, 2005 by Scott L. Hunter of ESP Associates, P.A., to
which survey reference is hereby made for a more particular description of the property.
HTPL: 257553 v

EXHIBIT B
TO SUPPLEMENTAL DECLARATION OF
BELLE VISTA CONDOMINIUM PHASE III
UNIT NUMBER UNIT TYPE
04101 B
04102 A
04103 B
04104 C
04105 C
04I06 B
04107 A
04108 B
04109 C
04I10 C
04201 B
04202 A
04203 B
04204 C
04205 c
04206 B
HTPL: 257553 v[
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS •
AND COMMON EXPENSES
.8333%
.7813%
.8333%
.8594%
.8594%
. 8333%
.7813%
. 8333%
.8594%
. 8594%
.8333%
.7813%
.8333%
.8594%
.8594%
.8333%

UNIT NUMBER UNIT TYPE
04207 A
04208
04209
04210
04301
04302
04303
04304
04305
04306
04307
04308
04309
04310
04401
04402
04403
04404
B
c
c
B
A
B
c
c
B
A
B
c
c
B
A
B
c
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.7813%
.8333%
.8594%
.8594%
.8333%
.7813%
.8333%
.8594%
.8594%
.8333%
.7813%
.8333%
.8594%
.8594%
.8333%
.7813%
.8333%
.8594%
HTPL: 257553 vl

UNIT NUMBER UNIT TYPE
04405 C
04406 B
04407
04408
04409
A
C
04410 C
05101 B
05102 A
05103 B
05104 C
05105 C
05106 B
05107 A
05108 B
05109 C
05110 C
05201 B
05202 A
HTPL: 257553 v1
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.8594%
.8333%
.7813%
.8333%
.8594%
. 8594%
. 8333%
.7813%
.8333%
.8594%
.8594%
.8333%
.7813%
_8333%
.8594%
.8594%
.8333%
.7813%

UNIT NUMBER UNIT TYPE
05203 B
05204 C
05205
05206
05207
05208
05209
05210
05301
05302
05303
05304
05305
05306
05307
05308
05309
05310
HTPL: 257553 v]
C
A
B
C
B'
A
.B
;C
A
'C
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.8333%
.8594%
.8594%
.8333%
.7813%
.8333%
.8594%
.8594%
.8333%
:7813%
.8333%
.8594%
.8594%
.8333%
.7813%
.8333%
.8594%
.8594%

UNIT NUMBER UNIT TYPE
05401 B
05402 A
05403 B
05404 C
05405 C
05406 B
05407 A
05408 B
05409 C
05410 C
06101 B
06102 A
06103 B
06104 C
06105 C
06106 B
06107 A
06108 13
HTPL:257553 vI
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.8333%
.7813%
.8333%
.8594%
.8594%
.8333%
. 7813%
. 8333%
.8594%
.8594%
.8333%
.7812%
.8333%
.8594%
.8594%
.8333%
.7812%
.8333%

UNIT NUMBER UNIT TYPE
06109 C
061I0 C
06201 B
06202 A
06203 B
06204 C
06205
06206
06207
06208
06209
06210
06301
06302
06303
06304
06305
06306
06307
06308
C
B
A
B
C
C
B
A
B
C
C
B
A
B
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.8594%
.8594%
.8333%
.7812%
. 8333%
. 8594%
.8594%
.8333%
.7812%
.8333%
.8594%
.8594%
.8333%
.7812%
.8333%
.8594%
_8594%
.8333%
.7812%
.8333%
HTPL: 257553 vI

UNIT NUMBER UNIT TYPE
06309
06310
06401
06402
06403
06404
06405
06406
06407
06408
06409
06410
C
c
B
A
B
C
C
B
A
B
C
C
r
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.8594%
.8594%
.8333%
.7812%
.8333%
.8594%
.8594%
. 8333%
. 7812%
.8333%
.8594%
.8594%
100%
HIM: 257553 vl

•
JUDITH A. GIBSON
REGISTER OF DEEDS, MECKLENBURG
COUNTY & COURTS OFFICE BUILDING
720 EAST FOURTH STREET
CHARLOTTE, NC 28202
PLEASE RETAIN YELLOW TRAILER PAGE
It is part of the recorded document, and must be submitted with original for re-recording
and/or cancellation.
Filed For Registration: 08/0912005 10:08 AM
Book: RE 19159 Page: 500-511
Document No.: , 2005152009
DEC/U 12 PGS $44.00
Recorder: GRACE TUCKER
State of North Carolina, County of Mecklenburg
The foregoing certificate of DANA L FOWLER Notary Is certified to be correct. This 9TH of August 2005
JUDITH A. GIBSON, REGISTER OF DEEDS By:
Deputy/Assistant Register of Deeds
***
111111111111111111111111111111111111111111111111111111111111
2005152009

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
FOR REGISTRATION JUDITH A. GIBSON
REGISTER OF DEEDS
MECKLENBURG COUNTY, NC
2006 OCT 25 03:53 PM
BK:2t259 PG21-.44t FEE:$71:00
INSTRUMENT 11 200622260E
111
200622260
SUPPLEMENTAL DECLARATION
OF BELLE VISTA CONDOMINIUM
PHASE VII
THIS SUPPLEMENTAL DECLARATION and Exhibits which are attached
hereto and made a part hereof are made and executed as of the '`��d'ay of ( ?k11r,
2006 by PULTE HOME CORPORATION, a Michigan corporation (the `Declarant"), for
itself, its successors and assigns, pursuant to the provisions of Chapter 47C of the North
Carolina General Statutes entitled the "North Carolina Condominium Act" (the "Act")
and Article III of the Declaration of Belle Vista. Condominium recorded in Book 16780 at
Page 275 in the Mecklenburg County Public Registry.
WIZNESSETI-I:
WHEREAS, the Declarant created Belle Vista Condominium Phase IA by
Declaration of Belle Vista Condominium recorded in Book 16780 at Page 275 as
amended by First Amendment to Declaration of Belle Vista Condominium recorded in
Book 17225 at Page 710, Second Amendment to Declaration of Belle Vista
Condominium and Supplemental Declaration of Belle Vista Condominium Phase II
recorded in Book 17225 at Page 730, Supplemental Declaration of Belle ista
Condominium Phase III recorded in Book 1.9159 at Page 500, Supplemental Declarat° n
of Belle Vista Condominium Phase IV recorded in Book 19850 at Page 217 in th
Mecklenburg County Public Registry, Supplemental Declaration of Belle Vista
Condominium Phase V recorded in Book 20413 at Page 800 and Supplemental
Declaration of Belle Vista Condominium Phase VI recorded in. Book 20958 at Page 554
in the Mecklenburg County Public Registry (collectively referred to herein as the
"Declaration"); and
DRAWN BY AND MAIL To:
H. David Powell, Esq. (RD Box # 194)
Horack Talley Pharr & Lowndes, P.Aw
2600 One Wachovia Center
301 South College Street, Suite 2600
Charlotte, NC 28202-6038
I1TPL, 302670 v I

•
•
WHEREAS, the Declaration provides in Article III that Declarant can add all or
part of the Additional Property described on Exhibit A-1 of the Declaration to the
_ Condominium pursuant to Section 47C-2-110 of the Act; and
WHEREAS, the property described on Exhibit A attached hereto and incorporated
herein by reference (the "Phase VII Property") comprises a portion of the property
described as Additional Property on Exhibit A-1 in the Declaration; and
WHEREAS, Declarant desires to submit the Phase VII Property to the provisions
of the Act as Phase VII of the Belle Vista Condominium and has constructed one (1)
building on the Phase VII Property and desires to divide the Phase VII Property into forty
(40) Condominium Units and designate all such Units for separate ownership as part of
Belle Vista Condominium and subject to the Declaration.
NOW, THEREFORE, the Declarant hereby agrees and declares as follows:
1. The Declarant does hereby submit the Phase VII Property and all
improvements located thereon to the provisions of Chapter 47C of the North Carolina
General Statutes as Phase VII of Belle Vista Condominium, and does hereby divide the
Phase VII Property into forty (40) Condominium Units, each designated for separate
ownership and does hereby publish and declare that all of the Phase VII Property and the
forty (40) Condominium Units created thereon, are subject and shall be held, conveyed,
hypothecated, encumbered, used and occupied, subject to the covenants, conditions,
restrictions, uses, (imitations and obligations of the Declaration which is incorporated
herein by reference, which shall be deemed to run with the land and shall be a burden and
benefit to the Declarant, its successors and assigns, and any persons acquiring any
interest in the Phase VII Property and the forty (40) Condominium Units created thereon,
their grantees, successors, heirs, executors, administrators, designees and assigns..
2. The Units created hereby are Units 02101 thru 02110, inclusive; Units
02201 thru 02210, inclusive; Units 02301 thru 02310, inclusive; and Units 02401 thru
024I0, inclusive, and are more particularly described as shown on the plans and survey
for Belle Vista Condominium Phase VII recorded in Unit Ownership File No. 674 in the
Office of the Register of Deeds for Mecklenburg County, North Carolina simultaneously
with the recording of this Supplemental Declaration and which plans and survey are
incorporated herein by reference.
3. The Exhibit D to the Declaration setting forth the Percentage of the
Undivided Interest in Common Elements and Common Expenses for the Units shall be
deleted and replaced with the Exhibit B attached hereto and incorporated herein by
reference, which describes all of the Units in Belle Vista Condominium, including the
Units created out of the Phase VII Property and the Percentage of Undivided Interest in
Common Elements and Common Expenses for all Units in Belle Vista Condominium.
HTPL:302670 vl

4. All capitalized terms herein shall have the same meanings and definitions
as set forth in the Declaration.
IN WITNESS WHEREOF, Declarant has caused this Supplemental Declaration to
be executed as of the day and year first above written.
PULTE HOME CORPORATION,
a Michigan corporation
By: S
Jon S. Hardy, Attorney -in 'act
STATE OF NORTH CAROLINA
1,Glc , a Notary Public for said County and State,
do hereby certify that Jon 'S. Hardy, Attorney -in -Fact for Pulte Home Corporation, a
Michigan corporation, personally known to me, personally appeared before me this day and
being by me duly sworn, acknowledged that he voluntarily executed the foregoing
instrument for and in behalf of Pulte Home Corporation, a Michigan corporation, and that
his authority to execute and acknowledge said instrument is contained in an instrument
duly executed, acknowledged and recorded in the Office of the Register of Deeds for
Mecklenburg County, North Carolina, in Book 18160 at Page 354, and that this
instrument was executed under and by virtue of the authority given by said instrument
granting him power of attorney; that the said Jon S. Hardy acknowledged the due
execution of the foregoing instrument for the purposes therein expressed for and in behalf
of the said Pulte Home Corporation, a Michigan corporation.
WITNESS my hand and official seal this S day of �(��l �r , 2006.
/((:)27t J44)
My Commission Expires: N`sottary Public
)� ` � �Z; , 0-6,-,7 0 Print Name: \( 1Y1� / I Uj2//'/
HTPL: 302670 vl

EXHIBIT A
Legal Description of Phase VII Property
Lying and being in the City of Charlotte, Mecklenburg County, North Carolina, and
being more particularly described as follows:
BEGINNING at a #4 rebar in the southwesterly margin of the 80' private access road, John J.
Delaney Drive marking the eastern comer of Belle Vista Condominium Phase IV described in
Unit Ownership File No. 674 at Page 25 in the Mecklenburg County Public Registry, said .
Beginning Point, also being located the following two (2) courses and distances from N.C.G.S.
Monument "Lowery", NC Grid Coordinates (NAD 83) of N = 474,223.218 and E =
1,443,392.746: North 22-24-22 East grid distance of 5,533.07 feet and ground distance of
5,533.88 feet to a PSCM "Control Corner" with NC Grid Coordinates (NAD 83) of N =
479,338.569 and E = 1,445,501.783 and (2) with the southwesterly margin of the aforesaid John
J. Delaney Drive South 72-39-04 East 103.79 feet to the Beginning Point, and running thence
from said Beginning Point with the aforesaid southwesterly margin of John J. Delaney Drive,
South 72-39-04 East 215.64 feet to PSCM "Control Corner" with NC Grid Coordinates (NAD
83) of N = 479,243.332 and E = 1,445,806.639; thence continuing with the southwesterly margin
of the aforesaid John J. Delaney Drive with the arc of a circular curve to the right having a radius
of 209.49 feet, a chord bearing and distance of South 70-03-02 East 19.01 feet and an arc
distance of 19.02 feet to a #4 rebar; thence South 25-30-28 West 243.46 feet to a #4 rebar; thence
South 60-08-01 East 53.10 feet to a 44 rebar; thence South 48-20-28 East 35.78 feet to a 44
rebar; thence South 28-11-17 East 35.47 feet to a #4 rebar; thence South 32-10-51 West 26.90
feet to a point; thence with a circular curve to the right having a radius of 16.00 feet, a chord
bearing and distance of South 86-48-39 West 11.23 feet and a chord bearing and distance of
11.47 feet to a set MAG nail in asphalt; thence North 72-39-04 West 37.32 feet to a set drill hole
in concrete; thence North 68-40-13 West 53.94 feet to a #4 rebar; thence North 51-02-33 West
39.87 feet to a #4 rebar; thence North 71-49-07 West 129.19 feet to a #4 rebar in the easterly
margin of Belle Vista Condominium Phase VI as shown in Unit Ownership File No. 674 at Page
41 in the Mecklenburg County Public Registry; thence with the easterly margin of the aforesaid
Belle Vista Condominium Phase VI, the following three (3) courses and distances: (1) North 50-
31-59 West 31.32 feet to a point, (2) North 11-29-25 West 22.22 feet to a #4 rebar and (3) North
16-44-32 East 49.53 feet to a #4 rebar marking the southerly corner of the aforesaid Belle Vista
Condominium Phase IV; thence with the southeasterly property line of the aforesaid Belle Vista
Condominium Phase IV, North 18-41-16 East 221.86 feet to the Point and Place of
BEGINNING, and containing 1.664 acres, all as shown on survey entitled "Final Plat of Belle
Vista' Condominium Phase VII Building 2", dated September 12, 2006, by Scott L. Hunter of
ESP Associates, P.A., to which survey reference is hereby made for a more particular description
of the property and which survey is being recorded in Unit Ownership File No. 674
contemporaneously with the recording of this Supplemental Declaration.
HTPL: 302670 v

EXHIBIT B
TO SUPPLEMENTAL DECLARATION OF
BELLE VISTA CONDOMINIUM PHASE VII
UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
02-101 B .3572%
02102 A .3348%
02103 B .3572%
02104 C .3683%
02105 C .3683%
. 02I06 B .3572%
02107 A .3348%
02108 B .3572%
02109 C .3683%
02110 C .3683%
02201 B .3572%
02202 A .3348%
02203 B .3572%
02204 C .3683%
02205 C .3683%
02206 B .3572%
HTPL: 302670 vi

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
02207 A .3348%
02208 B .3572%
02209 C .3683%
02210 C .3683%
.02301 B .3572%
02302 A .3348%
02303 B .3572%
02304 C .3683%
.02305 C .3683%
02306 B .3572%
02307 A .3348%
02308 B .3572%
02309 . C r .3683%
02310 C .3683%
02401 B .3572%
02402 A .3348%
02403 B .3572%
02404 C .3683%
HTPL: 302670 v1

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
02405 C .3683%
02406 B .3572%
02407 A .3348%
02408 B .3572%
02409 C .3683%
02410 C .3683%
03101 B .3572%
03102 A .3348%
03I03 B .3572%
03104 C .3683%
03105 C .3683%
03106 B .3572%
03107 A .3348%
03108 B .3572%
03109 C .3683%
03110 C .3683%
03201 B .3572%
03202 A .3348%
03203 B .3572%
HTPL: 302670 v 1

UNIT NUMBER UNIT TYPE
03204 C
03205 C
03206 B
03207 A
03208 B
03209 C
03210 C
03301 B
03302 A
03303 B
03304 C
03305 C
03306 B
03307 A
03308 B
03309 C
03310 C
03401 B
HTPL: 302670 vl
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3683%
.3683%
.3572%
.3348%
.3572%
3683%
.3683%
.3572%
.3348%
.3572%
.3683%
.3683%
.3572%
.3348%
.3572%
.3683%
.3683%
.3572%

UNIT NUMBER UNIT TYPE
03402 A
03403 B
03404 C
03405 C
03406 B
03407
03408
03409
03410
04101
A
B
C
C
B
04102 A
04103 13
04104 C
04105 C
04I06 B
04107 A
04108 B
04109 C
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3348%
.3572%
.3683%
.3683%
.3572%
.3348%
.3572%
.3683%
.3683%
.3572%
.3348%
.3572%
.3683%
.3683%
.3572%
.3348%
.3572%
.3683%
HTPL: 302670 vl

UNIT NUMBER UNIT TYPE
04110 C
04201 B
04202 A
04203 B
04204 C
04205 c
04206 B
04207 A
04208 B
04209 c
04210 c
04301 B
04302 A
04303 B
04304 c
04305 c
04306 B
04307 A
HTPL 302670 v I
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3683%
.3572%
.3348%
.3572%
.3683%
.3683%
.3572%
.3348%
.3572%
.3683%
.3683%
.3572%
.3348%
.3572%
.3683%©
.3683%
.3572%
.3348%

UNIT NUMBER UNIT TYPE
04308 B
04309 C
04310 C.
04401 B
04402 A
04403 B
04404 C
04405 C
04406 B
04407 A
04408 B
04409 •C
04410 C
05101 ]3
05102 A
05103 B
05104 C
05105 c
HTPL: 302670 vl
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3572%
.3683%
.3683%
.3572%
.3348%
.3572%
.3683%
.3683%
.3572%
.3348%
.3572%
.3683%
.3683%
.3572%
.3348%
.3572%
.3683%
..3683%

UNIT NUMBER UNIT TYPE
05106 B
05107 A
05108 B
05109 C
05110 C
05201 B
05202 A
05203 B
05204 C
05205 C
05206 B
05207 A
05208 13
05209 C
05210 C
05301 B
05302
05303
A
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3572%
.3348%
.3572%
.3683%
.3683%
. 3572%
. 3348%
.3572%
.3683%
.3683%
.3572%
.3348%
.3572%
.3683%
.3683%
.3572%
.3348%
.3572%
HTPL: 302670 v I

UNIT NUMBER UNIT TYPE
05304 C
05305 C
05306 B
05307 A
05308 B
05309 C
053I0 C
05401 B
05402 A
05403 B
05404 C
05405 C
05406 B
05407 A
05408 B
05409 C
05410 C
06101 B
HTPL: 302670 vl
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3683%
.3683%
.3572%
.3348%
.3572%
.3683%
.3683%
.3572%
.3348%
.3572%
.3683%
.3683%°
.3572%
.3348%
.3572%
.3683%
.3683%
.3571%

UNIT NUMBER UNIT TYPE
06102 A
06103
06104
06105
06106
06107
06I08
06109
06110
06201
06202
06203
06204
06205
06206
B
C
C
B
A
B
C
C
B
A
B
C
C
B
06207 A
06208 B
06209 C
HTPL: 302670 vl
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
. 3348%
.3571%
. 3683%
. 3683%
.3571%
.3348%
.3571%
.3683%
.3683%
.3571%
.3348%
.3571%
.3683%
.3683%
.3571%
.3348%
.3571%
.3683%

UNIT NUMBER UNIT TYPE
06210 C
06301 B
06302 A
06303 B
06304 C
06305 C
06306 B
06307 A
06308 B
06309 C
06310 C
06401 B
06402 A
06403 B
06404 C
06405 C
06406 B
06407 A
HTPL: 302670 v1
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3683%
.3571%
.3348%
.3571%
.3683%
.3683%
.3571%
.3348%
.3571%
.3683%
.3683%
.3571%
.3348%
.3571%
.3683%
.3683%
.3571%
.3348%

UNIT NUMBER UNIT TYPE
06408
06409
06410
07101
07102
07103
07104
07105
07106
07107
07108
07109
07110
07201
07202
07203
07204
07205
HTPL: 302670 v 1
B
B
A
B
B
A
B
B
A
B
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3571%
.3683%
.3683%
.3571%
.3348%
.3571%
.3683%
.3683%
.3571%
.3348%
.3571%
.3683%
.3683%
.3571%
.3348%
.3571 %
.3683%
.3683%

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
07206 B .3571%
07207 A .3348%
07208 B .3571%
07209 C .3683%
• 07210 C .3683%
07301 B .3571%
07302 A .3348%
07303 B .3571%
07304 C .3683%
07305 C .3683%
07306 B .3571%
07307 A .3348%
07308 B .3571%
07309 C .3683%
07310 C .3683%
07401 B .3571%
07402 A .3348%
07403 B .3571%
HTPL: 302670 vl

UNIT NUMBER UNIT TYPE
07404 C
07405 C
07406 B
07407 A
07408 B
07409 C
07410 C
08101 B
08102 A
08103 B
08104 C
08105 C
08106 B
08107 A
08108 B
08109 C
08110 c
08201 B
HTPL: 302670 vl
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3683%
.3683%
.3571%
.3348%
.3571%
.3683%
.3683%
.3571%
.3348%
.3571%
.3683%
.3683%
.3571%
.3348%
.3571%
.3683%
.3683%
.3571%

UNIT NUMBER UNIT TYPE
08202
08203
08204
08205
08206
08207
08208
08209
08210
08301
08302
08303
08304
08305
08306
08307
08308
08309
HTPL: 302670 vI
A
B
c
c
B
A
B
c
c
B
A
B
c
c
B
A
B
_ c
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3348%
.3571%
.3683%
.3683%
.3571%
.3348%
.3571%
.3683%
.3683%
.3571%
.3348%
.3571 %
.3683%
.3683%
.3571%
.3348%
.3571%
.3683%

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
08310 C .3683%
08401 B .3571%
08402 A .3348%
08403 B .3571%
08404 C .3683%
08405 C .3683%
08406 B .3571%
08407 A .3348%
08408 B .3571%
08409 C .3683%
08410 C .3683%
100%
HTP L: 302670 v i

JUDITH A. GIBSON
REGISTER OF DEEDS, MECKLENBURG
COUNTY & COURTS OFFICE BUILDING
720 EAST FOURTH STREET
CHARLOTTE, NC 28202
PLEASE RETAIN YELLOW TRAILER PAGE
It is part of the recorded document, and must be submitted with original for re-recording
and/or cancellation.
******************************************ff*RfIiMA!#***********Oht******* *********** ******************f+H4**
Filed For Registration: 10/25/2006 03:53 PM
Book: RE 21259 Page: 21-41
Document No.: 2006222608
DECIU 21 PGS $71.00
Recorder: LYVANH PHETSARATH
1111111111111111111111111111111111111.11111111111111 1111 1111
2006222608

STATE OF NORTH CARGLINA
COUNTY OF MECKLENBURG
FOR REGISTRATION JUDITH R. GIOSON
REGISTER OF DEEDS
MECKLENBURG COUNTY NC
2006 PGUG 25 ©3a47 PM
554-573 FEE:$68,00
INSTRUMENT R 2005176092
2006 i7609M
SUPPLEMENTAL DECLARATION
OF BELLE VISTA CONDOMINIUM
PHASE VI
THIS SUPPLEMENTAL DECLARATION and Exhibits which are attached
hereto and made a part hereof are made and executed as of the Jj day o:L
2006 by PUL FE HOME CORPORATION, a Michigan corporation (the "Declarant"), for
itself, its successors and assigns, pursuant to the provisions of Chapter 4'7C of the North
Carolina General Statutes entitled the "North Carolina Condominium Act" (the "Act")
and Article III of the Declaration of Belle Vista Condominium recorded in Book 16780 at
Page 275 in the Mecklenburg County Public Registry.
WITNESSETH:
WHEREAS, the Declarant created Belle Vista Condominium Phase IA by
Declaration of Belle Vista Condominium recorded in. Book 16780 at Page 275 as
amended by First Amendment to Declaration of Belle Vista Condominium recorded in
Book 17225 at Page 710, Second Amendment to Declaration of Belle Vista
Condominium and Supplemental Declaration of Belle Vista Condominium Phase II
recorded in Book 17225 at Page 730, Supplemental Declaration of Belle Vista
Condominium Phase III recorded in Book 19159 at .Page 500, Supplemental Declaration.
of Belle Vista Condominium Phase IV recorded in Book 19850 at. Page 217 in the
Mecklenburg County Public Registry and Supplemental Declaration of Belle Vista
Condominium Phase V recorded in Book 20413 at Page 800 in the Mecklenburg County
Public Registry (collectively referred to herein as the "Declaration"); and
WHEREAS, the Declaration provides in Article III that Declarant can add all or
part of the Additional Property described on Exhibit A -I of the Declaration to the
Condominium pursuant to Section 47C-2-1 10 of the Act,. and
DRAWN BY AND MAIL TO:
H. David Powell, Esc!, (RD Box #194)
Horack Talley Pharr & Lowndes, PEA.
2600, One Wachovia Center
301 South College Street, Suite 2600
Charlotte, NC 28202-6038
HTPL: 296878 vl

WHEREAS, the property described on Exhibit A attached hereto and incorporated
herein by reference (the "Phase VI Property") comprises .a portion of the property
described as Additional Property on Exhibit A-1 in the Declaration; and
WHEREAS, Declarant desires to submit the Phase VI Property to the provisions
of the Act as Phase VI of the Belle Vista Condominium and has constructed one (1)
building on the Phase VI Property and desires to divide the Phase VI Property into forty
(40) Condominium Units and designate all such Units for separate ownership as part of
Belle Vista Condominium and subject to the Declaration.
NOW, THEREFORE, the Declarant hereby agrees and declares as follows:
1. The Declarant does hereby submit the Phase VI Property and all
improvements located thereon to the provisions of Chapter-47C of the North Carolina
General Statutes as Phase VI of Belle Vista Condominium, and does hereby divide the
Phase VI Property into forty (40) Condominium Units, each designated for separate
ownership and does hereby publish and declare that all of the Phase VI Property and the
forty (40) Condominium Units created thereon, are subject and shall be held, conveyed,
hypothecated, encumbered, used and occupied, subject to the covenants, conditions,
restrictions, uses, limitations and obligations of the Declaration which is incorporated
herein by reference, which shall be deemed to run with the land and shall be a burden and
benefit to the Declarant, its successors and assigns, and any persons acquiring any
interest in the Phase VI Property and the forty (40) Condominium Units created thereon,
their grantees, successors, heirs, executors, administrators, designees and assigns.
2. The Units created hereby are Units 08101 thru 08110, inclusive; Units
08201 thru 08210, inclusive; Units 08301 thru 08310, inclusive; and Units 08401 thru
08410, inclusive, and are more particularly described as shown on the plans and survey
for Belle Vista Condominium Phase VI recorded in Unit Ownership File No. 674 in the
Office of the Register of Deeds for Mecklenburg County, North Carolina simultaneously
with the recording of this Supplemental Declaration and which plans and survey are
incorporated herein by reference.
3. The Exhibit D to the Declaration setting forth the Percentage of the
Undivided Interest in Common Elements and Common Expenses for the Units shall be
deleted and replaced with the Exhibit B attached hereto and incorporated herein by
reference, which describes all of the Units in Belle Vista Condominium, including the
Units created out of the Phase VI Property and the Percentage of Undivided Interest in
Common Elements and Common Expenses for all Units in Belle Vista Condominium.
4. All capitalized terms herein shall have the same meanings and definitions
as set forth in the Declaration.
HTPL: 296878 vk

IN WITNESS WHEREOF, Declarant has caused this Supplemental Declaration to
be executed as of the day and year first above written.
PULTE HOME CORPORATION,
a Michigan corporation
By: . I a„r
Jon S. Hardy, Attorney- -Fact
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, Grto ) , a Notary Public for said County and State,
do hereby certify that Jon S. Hardy, Attorney -in -Fact for Pulte Home Corporation; a
Michigan corporation, personally known to me, personally appeared before me this day and
being by me duly sworn, acknowledged that he voluntarily executed the foregoing
instrument for and in behalf of Pulte Home Corporation, a Michigan corporation, and that
his authority to execute and acknowledge said instrument is contained in an instrument
duly executed, acknowledged and recorded in the Office of the Register of Deeds for
Mecklenburg County, North Carolina, in Book 18160 at Page 354, and that this
instrument was executed under and by virtue of the authority given by said instrument
granting him power of attorney; that the said Jon S. Hardy acknowledged the due
execution of the foregoing instrument for the purposes therein expressed for and in behalf
of the said Pulte Home Corporation, a Michigan corporation.
WITNESS my hand and official seal this ] f day of 2006.
My Commission Expires:
-kcO4. oi3rce, ADD 9
aro (1, 177d1-6 )
Notary Public
Print Name: ,/ „a l
HTPI.: 296878 vl

EXHIBIT A
Legal Description of Phase VI Property
Lying and being in the City of Charlotte, Mecklenburg County, .North Carolina, and
being more particularly described as follows:
BEGINNING at a found #4 rebar marking the northerly common corner of Lot 521 and Lot 522
in Ballantyne Country Club Phase 10, Map 2 recorded in Map Book 28 at Page 652 in the
Mecklenburg County Public Registry and running thence from said Beginning Point with the
rear lot lines of Lots 522, 523, 524, 525, 526, 527 and 528 in the aforesaid Ballantyne Country
Club Phase 10, Map 2, the following four (4) courses and distances: (I) South 84-09-44 West
192.62 feet to a found #4 rebar, (2) North 41-51-33 West 128.85 feet to a point, (3) North 00-30-
53 East 102.53 feet to a point and (4) North 36-12-21 West 399.68 feet to a found #4 rebar;
thence with the southeasterly margin of the Common Open Space shown on map of Ballantyne
Commons West Parcel D Phase 1 Map 5 recorded in Map Book 38 at Page 425 in the
Mecklenburg County Public Registry and the southeasterly margin of the Common Open Space
shown on Ballantyne Commons West Parcel D, Phase 1, Map 6 recorded in Map Book 38 at
Page 729 in the Mecklenburg County Public Registry, North 51-23-18 East 203.09 feet to a
point; thence with the southwesterly margin of Belle Vista Condominium Phase III shown in
Unit Ownership File No. 674 at Page I7 in the Mecklenburg County Public Registry, the
following two (2) courses and distances: (1) South 39-11-29 East 337.13 feet to a PSCM
"Control Corner" NC Grid Coordinates (NAD 83) N = 479,216.433, E = 1,444,593.687 and (2)
South 61-47-36 East 155.43 feet to a PSCM "Control Corner" NC Grid Coordinates (NAD 83) N
= 479,142.980, E = 1,444,730.637; thence with the southerly property lines of Belle Vista Phase
V shown in Unit Ownership File No. 674 at Page 33 in the Mecklenburg County Public Registry,
the following five (5) courses and distances: (1) South 70-33-55 East 102.22 feet to a point, (2)
South 82-05-25 East 215.30 feet to a point, (3) South 70-04-30 East 82.20 feet to a point, (4)
South 52-38-13 East 26.26 feet to a point and (5) North 67-26-47 East 266.55 feet to a point;
thence with the southerly margin of Belle Vista Condominium Phase IV shown in Unit
Ownership File No. 674 at Page 25 in the Mecklenburg County Public Registry, the following
three (3) courses and distances: (1) South 28-36-12 East 46.32 feet to a point, (2) North 62-06-49
East 55.74 feet to a point and (3) South 70-55-14 East 78.12 feet to a point; thence South 16-44-
32 West 49.53 feet to a point; thence South 11-29-25 East 22.22 feet to a point; thence South 50-
31-59 East 31.32 feet to a point; thence South 71-49-07 East 19.10 feet to a point; thence South
14-53-47 West 111.25 feet to a point; thence South 72-57-20 East 355.15 feet to a point; thence
with the westerly margin of the Common Open Space of BaIlantyne Commons West Parcel A,
Map 1 as shown on map recorded in Map Book 34 at Page 857 in the Mecklenburg County
Public Registry, the following two (2) courses and distances: (1) South 17-25-19 East 3.32 feet
to a point and (2) South 18-13-20 West 84.54 feet to a point in the rear property line of Lot 511
in the aforesaid Ballantyne Country Club Phase 10, Map 10; thence with the rear lot line of Lots
511, 512, 513, 517, 518, 519 and 521, the following six (6) courses and distances: (1) North 72-
39-04 West 451.03 feet to a found #4 rebar, (2) South 82-06-08 West 236.93 feet to a found #4
rebar, (3) North 66-02-18 West 138.50 feet to a found #4 rebat, (4) South 64-39-12 West 157.62-
feet to a found #4 rebar, (5) North 87-47-28 West 76.79 feet to a found #4 rebar and (6) North
64-34-42 West 1 13.17 feet to the Point and Place of BEGINNING, and containing 9.328 acres,
all as shown on survey entitled "Final Plat of Belle Vista Condominium Phase VI, Building 8",
dated May 5, 2006 by Scott L. Hunter of ESP Associates, P.A., to which survey reference is
hereby made for a more particular description of the property and which survey is being recorded
HTPL: 296878 v

in Unit Ownership File No. 674 contemporaneously with the recording of this Supplemental
Declaration.
h
FI PL: 29687K vl

EXHIBIT B
TO SUPPLEMENTAL DECLARATION OF
BELLE VISTA CONDOMINIUM PHASE VI
UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
03101 B .4167%
03102 A .3906%
03103 B .4167%
03104 C .4297%
03105 C .4297%
03106 B .4167%
03107 A 3906%
03108 B .4167%
03109 C .4297%
03110 C .4297%
03201 B _4167%
03202 A .3906%
03203 B .4167%
03204 C .4297%
03205 C .4297%
03206 B .4167%
HTPL: 296878 vl

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
03207 A .3906%
03208 B .4167%
03209 C .4297%
03210 C .4297%
03301 B .4167%
03302 A .3906%
03303 B .4167%
03304 C .4297%
03305 C .4297%
03306 B .4167%
03307 A .3906%
03308 B .4167%
03309 C .4297%
03310 C .4297%
03401 B .4167%
03402 A 3906%
03403 B .4167%
03404 C .4297%
I ITPL: 296878 v

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
03405 C .4297%
03406 B .4167%
03407 A .3906%
03408 B .4167%
03409 C ' .4297%
03410 C .4297%
04101 B .4167%
04102 A
04103 B
04104 C
04105 C
04106 B
04107 A
04108 B
04109 C
04110 C
04201 B
04202 A
HTPL: 296878 vl
.3906%
.4167%
.4297%
.4297%
.4167%
_3906%
.4167%
.4297%
• .4297%
.4167%
.3906%

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
04203 B .4167%
04204 C .4297%
04205 C .4297%
04206 B .4167%
04207 A .3906%
04208 B .4167%
04209 C .4297%
04210 C .4297%
04301 B .4167%
04302 A .3906%
04303 B - .4167%
04304 C .4297%
04305 C .4297%
04306 B .4167%
04307 A .3906%
04308 B .4167%
04309 C .4297%
04310 C .4297%
M"TPI.: 296878 v

UNIT NUMBER UNIT TYPE
04401 B
04402 A
04403 B
04404 C
04405 C
04406 B
04407 A
04408 B
04409 C
04410 C
05101 B
05102 A
05103 B
05104 C
05105 C
05106
05107 A
05108 B
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.4167%
.3906%
.4167%
.4297%
.4297%
.4167%
.3906%
.4167%
.4297%
_4297%
.4167%
.3906%
.4167%
.4297%
.4297%
_4167%
.3906%
_4167%
HTPL: 296878 vi

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
05109 C .4297%
O5110 C .4297%
05201 B .4167%
05202 A .3906%
05203 B .4167%
05204 C .4297%
05205 C .4297%
05206 B .4167%
05207 A .3906%
05208 B .4167%
05209 C .4297%
05210 C .4297%
05301 B .4167%
05302 A .3906%
05303 B .4167%
05304 C .4297%
05305 C .4297%
05306 B .4167%
HTPL: 296878 vl

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
05307 A .3906%
05308 B .4167%
05309 C .4297%
05310 C .4297%
05401 B .4167%
05402 A .3906%
05403 B .4167%
05404 C .4297%
05405 C .4297%
05406 B .4167%
05407 A .3906%
05408 B .4167%
05409 C .4297%
05410 C .4297%
06101 B .4167%
06102 A 3906%
06103 B .4167%
06104 C .4297%
NTPL: 296878 vl

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
06105 C .4297%
06106 B .4167%
06107 A .3906%
06108 B .4167%
06109 C .4297%
06110 C .4297%
06201 B .4167%
06202 A .3906%
06203 B .4167%
06204 C .4297%
06205 C .4297%
06206 B .4167%
06207 A .3906%
06208 B .4167%
06209 C .4297%
06210 C .4297%
06301 B .4167%
06302 A .3906%
HTPL: 296878 v1

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
06303 B .4167%
06304 C 4297%
06305 C .4297%
06306 B .4167%
06307 A .3906%
06308 B .4167%
06309 C .4297%
06310 C .4297%
06401 B .4167%
06402 A .3906%
06403 B .4167%
06404 C .4297%
06405 C .4297%
06406 B .4167%
06407 A .3906%
06408 B .4167%
06409 C .4297%
06410 C .4297%
I ITPL: 296878 v

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
07101 B .4166%
07102 A .3906%
07103 B .4166%
07104 C .4297%
07105 C .4297%
07106 B .4166%
07107 A .3906%
07108 B .4166%
07109 C .4297%
07110 C .4297%
07201 B .4166%
07202 A .3906%
07203 B .4166%
07204 C .4297%
07205 C .4297%
07206 B .4166%
07207 A .3906%
07208 B .4166%
HTPL: 296878 v i

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
07209 C .4297%
07210 C .4297%
07301 B .4166%
07302 A .3906%
07303 B .4166%
07304 • C .4297%
07305 C .4297%
07306 B .4166%
07307 A .3906%
07308 B A166%
07309 C .4297%
07310 .0 .4297%
07401 B .4166%
07402 A .3906%
07403 B .4166%
07404 C .4297%
07405 C .4297%
07406 B .4166%
1ITPL:296878 v1

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
07407 A .3906%
07408 B .4166%
07409 C .4297%
07410 C .4297%
08101 B .4166%
08102 A .3906%
08103 $ .4166%
08104 C .4297%
08105 C .4297%
08106 B .4166%
08107 A 3906%
08108 B .4166%
08109 C .4297%
08110 C .4297%
08201 B .4166%
08202 A .3906%
08203 B .4166%
08204 C .4297%
FfrPL: 296878 v l

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
08205 C .4297%
08206 B .4166%
08207 A .3906%
08208 B .4166%
08209 C .4297%
08210 C .4297%
08301 B .4166%
08302 A .3906%
08303 B .4166%
08304 C .4297%
08305 C .4297%
08306 B .4166%
08307 A .3906%
08308 B .4166%
08309 C .4297%
08310 C .4297%
0840I B .4166%
08402 A .3906%
FiTPI.: 296878 vl

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
08403 B .4166%
08404 C .4297%
08405 C .4297%
08406 B .4166%
08407 A .3906%
08408 B .4166%
08409 C .4297%
08410 C .4297%
100%
HTPL: 296878 v1

JUDITH A. GIBSON
REGISTER OF DEEDS, MECKLENBURG
COUNTY & COURTS OFFICE BUILDING
720 EAST FOURTH STREET
CHARLOTTE, NC 28202
PLEASE RETAIN YELLOW TRAILER PAGE
It is part of the recorded document, and must be submitted with original for re-recording
and/or cancellation.
f **
Filed For Registration: 08/25/2006 03:47 PM
Book: RE 20958 Page: 554-573
Document No.: 2006176092
DEC/U 20 PGS $68.00
Recorder: LYVANH PHETSARATH
1111111 iiiii iiiii ilia iiiii iiiii mil iiiii iiiii iiiii iiii iiii
2006176092

FOR REGISTRRTION JUOITH A. GIBSON
REGISTER OF DEEDS
MECKLENBURG COUNTY, NC
2003 OCT 13'03:01 P!7
BK:16271 PG:077-893 FEE:$59.00
INSTRUMENT N 2003240 72
illhlllfl1J1Ii
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
i
u
A
Ell I
DEED OF CONVEYANCE AND DECLARATION OF EASEMENTS
Drawn By:
Charles E. Murphy, Jr., Esq.
Powell, Goldstein, Frazer & Murphy LLP
191 Peachtree Street, NE
Sixteenth Floor .
Atlanta, Georgia 30303-1736
Mail After Recording To:
H. David Powell, Esq.
Horack Talley Pharr & Lowndes, P.A. (RD Box #194)
301 South College Street, Ste. 2600
Charlotte, North Carolina 28202-6038
� Ia
FYI

STATE OF NORTH CAROLINA
COUNTY OF MECI .LEN:BURG
FOR REGISTRATION JUDIT"tt A, GIBSON
REGISTER OF DEEDS
MECKLENBURG COUNTY,, NC
2006 MAT 10 03:54 PM
BK;20413 PG.B00-8145 FEE:S69.
INSTRUMENT M 2006091101
11
2006091i81.
SUPPLEMENTAL DECLARATION
OF BELL 1 VISTA CO'NIIOMINIUM
PHASE V
THIS SUPPLEMENTAL DECLARATION and Exhibits which are a
hereto and made a part hereof are made and executed as of the /Q / day of
2006 by PULTE HOME CORPORATION, a Michigan corporation (the "Declarant
itself, its successors and assigns, pursuant to the provisions of Chapter 47C of the North
Carolina General Statutes entitled the "North Carolina Condominium Act" (the "Act")
and Article III of the Declaration of Belle Vista Condominium recorded in Book 16780 at
Page 275 in the Mecklenburg County Public Registry.
WITNESSETH:
WHEREAS, the Declarant created Belle Vista Condominium Phase IA by
Declaration of Belle Vista Condominium recorded in Book 16780 at Page 275 as
amended by First Amendment to Declaration of Belle Vista. Condominium recorded in
Book 17225 at Page 710, Second Amendment to Declaration of Belle Vista
Condominium and Supplemental Declaration of Belle Vista Condominium Phase II
recorded in Book 17225 at Page 730, Supplemental Declaration of Belle Vista
Condominium Phase III recorded in Book 19159 at Page 500 and. Supplemental
Declaration of Belle Vista Condominium Phase IV recorded in Book 19850 at Page 217
in the Mecklenburg County Public Registry (collectively referred to herein as the
'Declaration"); and
WHEREAS, the Declaration provides in Article
part of the Additional Property described on Exhibit A 1
Condominium pursuant to Section 47C-2-1 10 of the Act;
DRAWN BY AND MAIL TO:
H. David Powell, Esq. (RD Box # 194)
Horack Talley Pharr & Lowndes, P.A.
2600 One Wachovia Center
301 South College Street, Suite 2600
Charlotte, NC 28202-6038
II that Declarant can add all or
- of the Declaration to the
and
ITN,: 285623 vI

WHEREAS, the property described on Exhibit A attached hereto and incorporated
herein by reference (the "Phase V Property") comprises a portion of the property
described as Additional Property on Exhibit A-1 in the Declaration; and
WHEREAS, Declarant desires to submit the Phase V Property to the provisions of
the Act as Phase V of the Belle Vista Condominium and has constructed one (1) building
on the Phase V Property and desires to divide the Phase V Property into forty (40)
Condominium Units and designate all such Units for separate ownership as part of Belle
Vista Condominium and subject to the Declaration.
NOW, THEREFORE, the Declarant hereby agrees and declares as follows:
1. The Declarant does hereby submit the Phase V Property and ail
improvements located thereon to the provisions of Chapter 47C of the North Carolina
General Statutes as Phase V of Belle Vista Condominium, and does hereby divide the
Phase V Property into forty (40) Condominium Units, each designated for separate
ownership and does hereby publish and declare that all of the Phase V Property and the
forty (40) Condominium Units created thereon, are subject and shall be held, conveyed,
hypothecated, encumbered, used and occupied, subject to the covenants, conditions,
restrictions, uses, Iimitations and obligations of the Declaration which is incorporated
herein by reference, which shall be deemed to run with the land and shall be a burden and
benefit to the Declarant, its successors and assigns, and any persons acquiring any
interest in the Phase V Property and the forty (40) Condominium Units created thereon,
their grantees, successors, heirs, executors, administrators, designees and assigns.
2. The Units created hereby are Units 07101 thru 07110, inclusive; Units
07201 thru 07210, inclusive; Units 07301 thru 07310, inclusive; and Units 07401 thru
07410, inclusive, and are more particularly described as shown on the plans and survey
for Belle Vista Condominium Phase V recorded in Unit Ownership File No. 674 in the
Office of the Register of Deeds for Mecklenburg County, North Carolina simultaneously
with the recording of this Supplemental Declaration and which plans and survey are
incorporated herein by reference.
3. The Exhibit D to the Declaration setting forth the Percentage of the
Undivided Interest in Common Elements and Common Expenses for the Units shall be
deleted and replaced with the Exhibit B attached hereto and incorporated herein by
reference, which describes all of the Units in Belle Vista Condominium, including the
Units created out of the Phase V Property and the Percentage of Undivided Interest in
Common Elements and Common Expenses for all Units in Belle Vista Condominium.
4. All capitalized terms herein shall have the same meanings and definitions
as set forth in the Declaration.
HTPL: 285623 vl

IN WITNESS WHEREOF, Declarant has caused this Supplemental Declaration to
be executed as of the day and year first above written.
PULTE HOME CORPORATION,
a Michigan corporation
By: s_
Jon S. Hardy, Attorney-i f i-Fact
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, X2.7flo ' A) , a Notary Public for said County and State,
do hereby certify that Jon . Hardy, Attorney -in -Fact for Pulte Home Corporation, a
Michigan corporation, personally known to me, personally appeared before me this day and
being by me duly sworn, acknowledged that he voluntarily executed the foregoing
instrument for and in behalf of Pulte Home Corporation, a Michigan corporation, and that
his authority to execute and acknowledge said instrument is contained in an instrument
duly executed, acknowledged and recorded in the Office of the Register of Deeds for
Mecklenburg County, North Carolina, in Book 18160 at Page 354, and that this
instrument was executed under and by virtue of the authority given by said instrument
granting him power of attorney; that the said Jon S. Hardy acknowledged the due
execution of the foregoing instrument for the purposes therein expressed for and in behalf
of the said Pulte Home Corporation, a Michigan corporation.
WITNESS my hand and official seal this MI- day of C��l , 2006.
My Commission Expires:
Ala Ro6A)
Notary Public
Print Name: Thth 1 1 c�% f � pr
HIM: 285623 v 1

EXHIBIT A
Legal Description of Phase V Property
Lying and being in the City of Charlotte, Mecklenburg County, North Carolina and being
more particularly described as follows:
BEGINNING at a Set Concrete Monument "Control Corner" with NC Grid Coordinates (NAD
83) of N = 479,142.980 and E = 1,444,730.637, said Set Concrete Monument "Control Comer"
being located North 15-12-48 East 5,098.43 feet (grid) and 5,099.18 feet (ground) from NCGS
Monument "Lowery" with NC Grid Coordinates (NAD 83) of N = 474,223.218 and E =
1,443,392.746, said Set Concrete Monument "Control Corner" also marking the southerly corner
of Belle Vista Condominium Phase III as shown in Unit Ownership File No. 674 at Page 17 in
the Mecklenburg County Public Registry, and running thence from said Beginning Point with the
southeasterly line of the aforesaid Belle Visa Condominium Phase III North 28-18-53 East
168.43 feet to a set "MAG" nail located in the southerly line of Belle Vista Condominium Phase
IA as shown in Unit Ownership File No. 674 at Page 1; thence with the southerly line of the
aforesaid Belle Vista Condominium Phase IA the following five (5) courses and distances: (1)
with the arc of a circular curve to the left having a radius of 231.50 feet, a chord bearing and
distance of South 81-40-31 East 91.08 feet and an arc distance of 91.68 feet to a point, (2) North
86-30-21 East 41.52 feet to a point, (3) North 86-07-17 East 45.34 feet to a point, (4) South 83-
58-45 East 63.32 feet to a point and (5) South 70-39-50 East 63.37 feet to a point marking the
westerly corner of Belle Vista Condominium Phase IV as shown in Unit Ownership File No. 674
at Page 25 in the Mecklenburg County Public Registry; thence with the southerly line of the
aforesaid Belle Vista Condominium Phase IV the following three (3) courses and distances: (1)
South 65-03-25 East 75.88 feet to a point, (2) South 70-24-04 East 77.97 feet to a point and (3)
South 65-30-14 East 145.34 feet to a point; thence South 67-26-47 West 266.55 feet to a point;
thence North 52-38-13 West 26.26 feet to a point; thence North 70-04-30 West 82.20 feet to a
point; thence North 82-05-25 West 215.30 feet to a point; thence North 70-33-55 West 102.22
feet to the Point and Place of BEGINNING and containing 2.190 acres, all as shown on survey
entitled "Final Plat of Belle Vista Condominium Phase V (Building 7)" dated May 8, 2006 by
Scott L. Hunter of ESP Associates, P.A. to which survey reference is hereby made for a more
particular description of the property.
HTPL: 285623 vi

EXHIBIT B
TO SUPPLEMENTAL DECLARATION OF
BELLE VISTA CONDOMINIUM PHASE V
UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
03101 B .5000%
03102 A -.4688%
03103 B .5000%
03104 C .5156%
03105 C .5156%
03106 B .5000%
03107 A .4688%
03108 B .5000%
03109 C .5156%
03110 C .5156%
03201 B .5000%
03202 A .4688%
03203 B .5000%
03204 C .5156%
03205 C .5156%
03206 B .5000%
HTPL: 285623 vl

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
03207 A .4688%
03208 B .5000%
03209 C .5156%
03210 C .5156%
03301 B .5000%
03302 A .4688%
03303 B .5000%
03344 C .5156%
03305 C .5156%
.03306 B .5000%
03347 A .4688%
03308 B .5000%
03309 C .5156%
03310 C .5156%
03401 B .5000%
03402 A .4688%
03403 B .5000%
03404 C .5156%
I-ITPL: 285623 vl

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
03405 C .5156%
03406 B .5000%
03407 A .4688%
03408 B .5000%
03409 C .5156%
03410 C .5156%
04101 B .5000%
04102
04103
B
04104 C
04105 C
04106 B
04107 A
04108 B
04109 C
04110 C
04201 B
04202 A
HTPL: 285623 vl
.4688%
.5000%
.5156%
.5156%
.5000%
.4688%
.5000%
.5156%
.5156%
.5000%
.4688%

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
04203 B .5000%
04204 C .5156%
04205 C .5156%
04206 B .5000%
04207 A .4688%
04208 B .5000%
04209 C .5156%
04210 C .5156%
04301 B .5000%
04302 A _4688%
04303 B .5000%
04304 C .5156%
04305 C .5156%
04306 B .5000%
04307 A .4688%
04308 B .5000%
04309 C .5156%
04310 C .5156%
HTPL: 285623 vl

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
04401 B .5000%
04402 A .4688%
04403 B .5000%
04404 C .5156%
04405 C .5156%
04406 B .5000%
04407 A .4688%
04408 B .5000%
04409 C .5156%
04410 C _5156%
05101 B .5000%
05102 A .4688%
05103 B .5000%
05104 C .5156%
05105 C .5156%
05106 B .5000%
05107 A .4688%
05108 B .5000%
HTPL: 285623 vl

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
05109 C .5156%
05110 C .5156%
05201 B .5000%
05202 A .4688%
05203 B .5000%
05204 C .5156%
05205 C .5156%
05206 B .5000%
05207 A .4688%
05208 B .5000%
05209 C .5156%
05210 C .5156%
05301 B .5000%
05302 A .4688%
05303 B .5000%
05304 C .5156%
05305 C .5156%
05306 B .5000%
HTPL: 285623 vl

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
05307 A .4688%
05308 B _5000%
05309 C - .5156%
05310 C .5156%
05401 B .5000%
05402 A .4688%
05403 B .5000%
05404 C .5156%
05405 C .5156%
05406 B .5000%
05407 A .4688%
05408 B .5000%
05409 C .5156%
05410 C 5156%
06101 B .5000%
06102 A .4688%
06103 B .5000%
06104 C .5156%
HTPL: 285623 v1

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
06105 C .5156%
06106 B .5000%
06107 A .4688%
06108 B .5000%
06109 C .5156%
061I0 C .5156%
06201 B .5000%
06202 A .4688%
06203 B .5000%
06204 C .5156%
06205 C .5156%
06206 B .5000%
06207 A .4688%
06208 B .5000%
06209 C .5156%
06210 C .5156%
06301 B .5000%
06302 A .4688%
HTPL: 285623 r'I

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
06303 B .5000%
06304 C .5156%
06305 C .5156%
06306 B .5000%
06307 A .4688%
06308 B .5000%
06309 C .5156%
06310 C .5156%
06401 B .5000%
06402 A .4688%
06403 B .5000%
06404 C .5156%
06405 C .5156%
06406 B .5000%
06407 A .4688%
06408 B .5000%
06409 C .5156%
06410 C 5156%
HTPL:285623 v

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
07101 B .5000%
07102 A .4688%
07103 B .5000%
07104 C .5156%
' 07105 C .5156%
07106 B .5000%
07107' A .4688%
07108 B -.5000%
07109 C .5156%
07110 C .5156%
07201 B .5000%
07202 A .4688%
07203 B .5000%
07204 C .5156%
07205 C _5156%
07206 B .5000%
07207 A .4688%
07208 B .5000%
HTPL: 285623 v1

UNIT NUMBER UNIT TYPE
07209 C .5156%
07210 C .5156%
07301 B .5000%
07302 A .4688%
07303 B .5000%
07304 C .5156%
07305 C .5156%
07306 B .5000%
07307 A .4688%
07308 B .5000%
07309 C .5156%
07310 C .5156%
07401 B .5000%
07402 A 4688%
07403 B .5000%
07404 C 5156%
07405 C 5156%
07406 B .5000%
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
HTPL: 285623 vl

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
07407 A .4688%
07408 B .5000%
07409 C .5156%
07410 C .5156%
10_024
HTPL; 285623 vl

JUDITH A. GIBSON
REGISTER OF DEEDS, MECKLENBURG
COUNTY & COURTS OFFICE BUILDING
720 EAST FOURTH STREET
CHARLOTTE, NC 28202
PLEASE RETAIN YELLOW TRAILER PAGE
It is part of the recorded document, and must be submitted with original for re-recording
and/or cancellation.
*** „************************
Filed For Registration: 05/1012006 03:54 PM
Book: RE 20413 Page: 800-816
Document No.: 2006091181
DECIU 17 PGS $59.00
Recorder: KAMIL COOPER
1111111111111111111111111111111111111111111111111111111111111
2006091181
*******************

STATE F NORCAROLINA
COUNTY OF MECKLENBURG
FILECOPY
F1tED FOR
REO1; AT(9N
DATE '1/(3 L 01
ROOK I.Lej,ie..
STAMPS
;PQC. Jt-
SUPPLEMENTAL 'DECLARATION
OF BELLE VISTA CONDOMINIUM
PHASE VIII
THIS SUPPLEMENTAL DECLARATION and Exhibitswhich are attached
hereto and made a part hereof are made and executed as of the j +h day of ; ani'!
2007 by PULTE HOME CORPORATION, a Michigan corporation (the "Declarant"), for
itself, its successors and assigns, pursuant to the provisions of Chapter 47C of the North
Carolina General Statutes entitled the "North Carolina Condominium Act" (the "Act")
and Article III of the Declaration of Belle Vista Condominium recorded in Book 16780 at
Page 275 in the Mecklenburg County Public Registry.
WI" ESSETH:
WHEREAS, the Declarant created Belle Vista Condominium Phase IA by
Declaration of Belle Vista Condominium recorded in Book 16780 at Page 275 as
amended by First Amendment to Declaration of Belle Vista Condominium recorded in.
Book 17225 at Page 71.0, Second Amendment to Declaration of Belle Vista
Condominium and Supplemental Declaration of Belle Vista Condominium Phase II
recorded in Book 17225 at Page 730, Supplemental Declaration of Belle Vista
Condominium Phase III recorded in Book 19159 at Page 500, Supplemental Declaration
of Belle Vista. Condominium Phase IV recorded in Book 19850 at Page 217 in the
Mecklenburg County Public Registry, Supplemental Declaration of Belle Vista
Condominium Phase V recorded in Book 20413 at Page 800, Supplemental Declaration
of Belle Vista CondominiumPhase VI recorded in Book 2.0958 at. Page 554 in the
Mecklenburg County Public Registry, and Supplemental Declaration of Belle Vista
Condominium Phase VII recorded in Book 21259 at Page 21 in the Mecklenburg. County
Public Registry (collectively referred to herein as the "Declaration"); and
DRAWN BY AND MAIL TO
11. David Powell, Esq. (R[) Box 0194)
Iitarack Talley Pharr Lowndes, h.A.
2600 One Wachovia Center
301 South College Street, Suite 2600
Charlotte, NC 28202-6038
Itrpt 3i5979vW

WHEREAS, the Declaration provides in Article III that Declarant can add all or
part of the Additional Property described on Exhibit A-1 of the Declaration to the
Condominium pursuant to Section 47C-2-110 of the Act; and
WHEREAS, the property described on Exhibit A attached hereto and incorporated
herein by reference (the "Phase VIII Property") comprises a portion of the property
described as Additional Property on Exhibit A- I in the Declaration; and
WHEREAS, Declarant desires to submit the Phase VIII Property to the provisions
of the Act as Phase VIII of the Belk Vista Condominium and has constructed one (1)
building on the Phase VIII Property and desires to divide the Phase VIII Property into
forty (40) Condominium Units and designate aII such Units for separate ownership as
part of Belle Vista Condominium and subject to the Declaration.
NOW, THEREFORE, the Declarant hereby agrees and declares as follows:
1. The Declarant does hereby submit the Phase VIII Property and all
improvements located thereon to the provisions of Chapter 47C of the North Carolina
General Statutes as Phase VIII of Belle Vista Condominium, and does hereby divide the
Phase VIII Property into forty (40) Condominium Units, each designated for separate
ownership and does hereby publish and declare that aII of the Phase VIII Property and the
forty (40) Condominium Units created thereon, are subject and shall be held, conveyed,
hypothecated, encumbered, used and occupied, subject to the covenants, conditions,
restrictions, uses, limitations and obligations of the Declaration which is incorporated
herein by reference, which shall be deemed to run with the land and shaII be a burden and
benefit to the Declarant, its successors and assigns, and any persons acquiring any
interest in the Phase VIII Property and the forty (40) Condominium Units created
thereon, their grantees, successors, heirs, executors, administrators, designees and
assigns.
2. The Units created hereby are Units 01101 thru 0I110, inclusive; Units
01201 thru 01210, inclusive; Units 01301 thru 01310, inclusive; and Units 01401 thru
01410, inclusive, and are more particularly described as shown on the plans and survey
for Belle Vista Condominium Phase VIII recorded in Unit Ownership File No. 674 in the
Office of the Register of Deeds for Mecklenburg County, North Carolina simultaneously
with the recording of this Supplemental Declaration and which plans and survey are
incorporated herein by reference.
3. The Exhibit D to the Declaration setting forth the Percentage of the
Undivided interest in Common Elements and Common Expenses for the Units shall be
deleted and replaced with the Exhibit B attached hereto and incorporated herein by
reference, which describes all of the Units in Belle Vista Condominium, including the
Units created out of the Phase VIII Property and the Percentage of Undivided Interest in
Common Elements and Common Expenses for all Units in Belle Vista Condominium.
rITl'r.: 315979 vl

4. All capitalized terms herein shall have the same meanings and definitions
as set forth in the Declaration.
IN WITNESS WHEREOF, Declarant, has caused this Supplemental Declaration to
be executed as of the day and year first above written.
PULTE HOME CORPORATION,
a Michigan corporation
By: -�f c-.� s . I -IC L-[�
Jon S. Hardy, Attorney-1 i -Fact
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
1, , a Notary Public for said County and State,
do hereby certify that Jon S. Hardy, Attorney -in -Fact for Pulte Home Corporation, a
Michigan corporation, personally known to me, personally appeared before me this day and
being by me duly sworn, acknowledged that he voluntarily executed the foregoing
instrument for and in behalf of Pulte Home Corporation, a Michigan corporation, and that
his authority to execute and acknowledge said instrument is contained in an instrument
duly executed, acknowledged and recorded in the Office of the Register of Deeds for
Mecklenburg County, North Carolina, in .Book 21939 at Page 711, and that this
instrument was executed under and by virtue of the authority given by said instrument
granting him power of attorney; that the said Jon S. Hardy acknowledged the due
execution of the foregoing instrument for the purposes therein expressed for and in behalf
of the said Pulte Home Corporation, a Michigan corporation.
WITNESS my hand and official seal this /c21' day of ./ , 2007
t/ ,t2
My CommissiopjFra�rr�es:I r 093,�0D9 Notary Public
�o Fohr '., IJ
P�:......,4-Fq'.,� Print Name: OvaQ. L cdie(%
:a
RV
.,''.,;y8LIRG �.�0� �,
+•1111111f1111
Mil,: 315979 vl

EXHIBIT A
Legal Description of Phase VIII Property
Lying and being in the City of Charlotte, Mecklenburg County, North Carolina, and
being more particularly described as follows:
BEGINNING at a #4 rebar in the southwesterly margin of the 80 foot private access road, John J.
Delaney Drive marking the eastern corner of Belle Vista Condominium Phase VII described in
Unit Ownership File No. 674 at Page 49 in the Mecklenburg County Public Registry, said
Beginning Point also being located from PSCM "CONTROL CORNER" with NC Grid
Coordinates (NAD 83) of N = 479,243.332 and E = 1,445,806.639 with the arc of a circular
curve to the right having a radius of 209.49 feet, a chord bearing and distance of South 70-03-02
East 19.01 feet and an arc distance of 19.02 feet to the Beginning Point, and running thence from
said Beginning Point with the aforesaid southwesterly margin of the right of way of John J.
Delaney Drive, with the arc of a circular curve to the right having a radius of 209.49 feet, a chord
bearing and distance of South 43-30-01 East 170.08 feet and an arc distance of 175.13 feet to a
#4 rebar; thence with a circular curve to the right, having a radius of 16.00 feet, a chord bearing
and distance of South 17-57-51 West 19.49 feet and an arc distance of 20.95 feet to a #4 rebar;
thence with the arc of a circular curve to the left having a radius of 170.50 feet, a chord bearing
and distance of South 31-37-41 West 137.89 feet and an arc distance of 141.95 feet to a #4 rebar;
thence South 07-46-36 West 47.10 feet to a #4 rebar in the northerly margin of the right of way
of Via Sorrento Drive; thence with the northerly margin of the right of way of Via Sorrento
Drive, the following three (3) courses and distances: (1) with the arc of a circular curve to the
right having a radius of 16.00 feet, a chord bearing and distance of South 48-49-59 West 21.02
feet and an arc distance of 22.93 feet to a #4 rebar, (2) with the arc of a circular curve to the left
having a radius of 371.50 feet, a chord bearing and distance of North 88-31-58 West 20.46 feet
and an arc distance of 20.46 feet to a #4 rebar and (3) with the arc of a circular curve to the left
having a radius of 56.50 feet, a chord bearing and distanced of South 79-39-32 West 26.16 feet
and an arc distance of 26.40 feet to a #4 rebar in the easterly property line of the aforesaid Belle
Vista Condominium Phase VII; thence with the easterly property lines of the aforesaid Belle
Vista Condominium Phase VII, the following five (5) courses and distances: (1) North 32-10-51
East 26.90 feet to a #4 rebar, (2) North 28-11-17 West 35.47 feet to a #4 rebar, (3) North 48-20-
28 West 35.78 feet to a #4 rebar, (4) North 60-08-01 West 53.10 feet to a #4 rebar and (5) North
25-30-28 East 243.46 feet to the Point and PIace of BEGINNING, and containing 0.846 acre, all
as shown on survey, entitled "Final Plat of Belle Vista Condominium Phase VII Building 1",
dated January 4, 2007, by Scott L. Hunter of ESP Associates, P.A., to which survey reference is
hereby made for a more particular description of the property, and which survey is being
recorded in Unit Ownership File No. 674 contemporaneously with the recording of this
Supplemental Declaration.
!ITN.: 315979 v l

EXHIBIT B
TO SUPPLEMENTAL DECLARATION OF
BELLE VISTA CONDOMINIUM. PHASE VIII
UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
0I101 B .3125%
01102 A .2929%
01103 B .3125%
01104 C .3223%
01105 C .3223%
01106 B .3125%
01107 A .2929%
' 01108 B .3125%
01109 C .3223%
01110 C .3223%
01201 B .3125%
01202 A .2929%
01203 B .3125%
0I204 C .3223%
01205 C .3223%
01206 B .3125%
IITPL: 315979 vl

UNIT NUMBER UNIT TYPE
. 01207
01208
01209
01210
01301
01302
01303
01304
01305
0I306
01307
01308
01309
01310
01401
01402
01403
01404
A
B
C
C
B
A
B
C
C
B
A
B
C
C
B
A
B
C
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%
1I1'I1.. 315979 vl

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
01405 C .3223%
01406 B .3125%
01407 A .2929%
01408 B .3125%
01409 C .3223%
01410 C .3223%
02101 B .3125%
02102 A .2929%
02103 B .3125%
02104 C .3223%
02105 C .3223%
02106 B .3125%
02107 A .2929%
02108 B .3125%
02109 C .3223%
02110 C .3223%
02201 B .3125%
02202 A .2929%
IrrI L: 315979 vE

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
02203 B .3125%
02204 C .3223%
02205 C .3223%
02206 B .3125%
02207 A .2929%
02208 B .3125%
02209 C .3223%
02210 C .3223%
02301 B .3125%
02302 A .2929%
02303 B .3125%
02304 C .3223%
02305 C .3223%
02306 B .3125%
02307 A .2929%
02308 B .3125%
02309 C .3223%
02310 C .3223%
!ITN.: 315979 v1

UNIT NUMBER UNIT TYPE
02401 B .3125%
02402 A .2929%
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
02403 B _3125%
02404 C .3223%
02405 C .3223%
02406 B 3125%
02407 A .2929%
02408 B 3125%
02409 C .3223%
02410 C .3223%
03101 B .3125%
03102 A .2929%
03103 B .3125%
03104 C .3223%
03105 C .3223%
03106 B .3125%
03107 A
.2929%
03108 13 .3125%
03109 C .3223%
1-1TTPI.: 315979 v 1

UNIT NUMBER UNIT TYPE
03110 C
03201 B
03202 A
03203 B
03204 C
03205 C
03206 B
03207 A
03208 B
03209 C
03210 C
0330I B
03302 A
03303 B
03304 C
03305 C
03306 B
03307 A
1 FI I I.: 315979 v l
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%
'.3223%
.3223%
.3125%
.2929%

UNIT NUMBER UNIT TYPE
03308 B
03309 C
03310 C
03401 B
03402 A
03403
B
03404 C
03405 C
03406 B
03407 A
03408 B
03409 C
03410 C
04101 B
04IO2 A
04103 B
04104 C
04I05 C
II'I1'I. 315974 vI
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%
.3I25%
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%

UNIT NUMBER UNIT TYPE
04106
04107
04108
04109
04110
04201
04202
04203
04204
04205
04206
04207
04208
04209
04210
04301
04302
04303
I ITI'I.: 315979 vl
B
A
B
C
C
B
A
B
C
C
B
A
B
C
C
B
A
B
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3125%
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%

UNIT NUMBER UNIT TYPE
04304 C
04305 C
04306 B
04307 A
04308 B
04309 C
04310 C
04401 B
04402 A
04403 B
04404 C
04405 C
04406 B
04407 A
04408 B
04409 C
04410 C
05101 B
MM.: 315979 v l
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125% -
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%
.3125%

UNIT NUMBER UNIT TYPE
05102
05103
05104
05105
05106
05107
05108
05109
05110
05201
05202
05203
05204
05205
05206
05207
05208
05209
I fll'I.: 315979 vl
A
B
C
C
B
A
B
C
C
B
A
B
C
C
B
A
B
C
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%

UNIT NUMBER UNIT TYPE
05210 C
05301 B
05302 A
05303 B
05304 C
05305 C
05306 B
05307 A
05308 B
05309 C
05310 C
05401 B
05402 A
05403 B
05404 C
05405 C
05406 B
05407 A
11'1'PL 315979 v l
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3223%
.3125%
.2929%
.3125% •
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%
. 3125%
.2929%
. 3125%
.3223%
. 3223%
.3125%
.2929%

UNIT NUMBER UNIT TYPE
05408 B
05409 C
05410 C
06I01 B
06102 A
06103 B
06104 C
06105 C
06106 B
06107 A
06108 B
06109 C
06110 C
06201 B
06202 A
06203 13
06204 C
06205 - C
11T1'f. 315979 vl
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
.3125%
.3223%
.3223%
.3125%
. 2929%
.3125%
. 3223%
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%
.3223%
.3223%

UNIT NUMBER UNIT TYPE
06206 B
06207 A
06208 B
06209 C
06210 C
06301 B
06302 A
06303 B
06304 C
06305 C
06306 B
06307 A
06308 B
06309 C
06310 C
06401 B
06402 A
06403 B
r r rrr.: 315979 vI
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND. COMMON EXPENSES
.3125%
.2929%
.3125%
. 3223%
.3223%
.3125%
.2929%
. 3125%
.3223%
. 3223%
.3125%
.2929%
.3125%
.3223%
.3223%
.3125%
.2929%
.3125%

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
06404 C .3223%
06405 C .3223%
06406 B .3125%
06407 A .2929%
06408 B .3125%
06409 C .3223%
06410 C .3223%
07101 B .3125%
07102 A .2929%
07103 B .3125%
07104 C .3223%
07105 C .3223%
07106 B .3125%
07107 A .2929%
07108 B .3125%
07109 C .3223%
07110 C .3223%
0720I B .3125%
1 I'I'YI.: 315979 v 1

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
07202 A .2929%
07203 B .3125%
07204 C .3223%
07205 C .3223%
07206 B .3125%
07207 A .2929%
07208 B .3125%
07209 C .3223%
07210 C .3223%
07301 B .3125%
07302 A .2929%
07303 B .3125%
07304 C .3223%
07305 C .3223%
07306 B .3125%
07307 A .2929%
07308 B .3125%
07309 C .3223%
11T1'1.- 315979 v

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
07310 C .3223%
07401 B .3I25%
07402 A .2929%
07403 B .3125%
07404 •C .3223%
07405 C .3223%
07406 B .3125%
07407 A .2929%
07408 B .3125%
07409 C .3223%
07410 C .3223%
08I01 B .3125%
08102 A .2929%
08103 B .3125%
08104 C .3223%
08105 C .3223%
08106 B .3125%
08107 A .2929%
1 I'I'I'l.: 315979 vl

PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
UNIT NUMBER UNIT -TYPE AND COMMON EXPENSES
08108 B .3125%
08109 C
.3223%
08110 C .3223%
08201 B .3125%
08202 A .2929%
08203 B .3125%
08204 C .3223%
08205 C .3223%
08206 B .3125%
08207 A .2929%
08208 B .3125%
08209 C .3223%
08210 C .3223%
08301 B .3125%
08302 A .2929%
08303 B .3125%
08304 C .3223%
08305 C .3223%
08306 B .3125%
HTPI.: 3I5979 vI

PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
UNIT NUMBER UNIT TYPE AND COMMON EXPENSES
08307 A .2929%
08308 B
.3125%
08309 C .3223%
08310 C _3223%
08401 B .3125%
08402 A .2929%
08403 B .3125%
08404 C .3223%
08405 C _3223%
08406 B .3125%
08407 A .2929%
08408 B .3125%
08409 C .3223%
08410 C .3223%
100%
II'1'19.: 315979 vl

STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
FOR REGISTRATION JUDITH A. GIBSON
MECKLENBURG COUNTY, NC
BK:19B$05PG:217.230 FEE:$50.00
INSTRUMENT A 2006001463
I1IIllIllh//II/llh1/JIII1JJ1IJ/JII/II;JIJI1IIjjijjijjj/;i;2006001463
SUPPLEMENTAL DECLARATION
OF BELLE VISTA CONDOMINIUM
PHASE IV
THIS SUPPLEMENTAL DECLARATION and Exhibits which are attached
hereto and made a part hereof are made and executed as of thec rol day of January,
2006 by PULTE HOME CORPORATION, a Michigan corporation (the "Declarant"), for
itself, its successors and assigns, pursuant to the provisions of Chapter 47C of the North
Carolina General Statutes entitled the "North Carolina Condominium Act" (the "Act")
and Article III of the Declaration of Belle Vista Condominium recorded in Book 16780 at
Page 275 in the Mecklenburg County Public Registry.
WITNESSETH:
WHEREAS, the Declarant created Belle Vista Condominium Phase IA by
Declaration of Belle Vista Condominium recorded in Book 16780 at Page 275 as
amended by First Amendment to Declaration of Belle Vista Condominium recorded in
Book 17225 at Page 710, Second Amendment to Declaration of Belle Vista
Condominium and Supplemental Declaration of Belle Vista Condominium Phase II
recorded in Book 17225 at Page 730 and Supplemental Declaration of Belle Vista
Condominium Phase III recorded in Book 19159 at Page .500 in the Mecklenburg County
Public Registry (collectively referred to herein as the "Declaration"); and
WHEREAS, the Declaration provides in Article III that Declarant can add all or
part of the Additional Property described on Exhibit A-1of .the Declaration to the
Condominium pursuant to Section 47C-2-110 of the Act; and
DRAWN BY AND MAIL TO:
H. David Powell, Esq. (RD Box # 194)
Horack Talley Pharr & Lowndes, P.A.
2600 One Wachovia Center
301 South College Street, Suite 2600
Charlotte, NC 28202-6038
HTPL: 271081 v

WHEREAS, the property described on Exhibit A attached hereto and incorporated
herein by reference (the "Phase IV Property") comprises a portion of the property
described as Additional Property on Exhibit A-1 in the Declaration; and
WHEREAS, Declarant desires to submit the Phase IV Property to the provisions
of the Act as Phase IV of the Belle Vista Condominium and has constructed one (1)
building on the Phase IV Property and desires to divide the Phase IV Property into forty
(40) Condominium Units and designate all such Units for separate ownership as part of
Belle Vista Condominium and subject to the Declaration.
NOW, THEREFORE, the Declarant hereby agrees and declares as follows:
1. The Declarant does hereby submit the Phase IV Property and all
improvements located thereon to the provisions of Chapter 47C of the North Carolina
General Statutes as Phase IV of Belle Vista Condominium, and does hereby divide the
Phase IV Property into forty (40) Condominium Units, each designated for separate
ownership and does hereby publish and declare that all of the Phase TV Property and the
forty (40) Condominium Units created thereon, are subject and shall be held, conveyed,
hypothecated, encumbered, used and occupied, subject to the covenants, conditions,
restrictions, uses, limitations and obligations of the Declaration which is incorporated
herein by reference, which shall be deemed to run with the land and shall be a burden and
benefit to the Declarant, its successors and assigns, and any persons acquiring any
interest in the Phase IV Property and the forty (40) Condominium Units created thereon,
their grantees, successors, heirs, executors, administrators, designees and assigns.
2. The Units created hereby are Units 03101 thru 03110, inclusive; Units
03201 thru 03210, inclusive; Units 03301 thru 03310, inclusive; and Units 03401 thru
03410, inclusive, and are more particularly described as shown on the plans and survey
for Belle Vista Condominium Phase IV recorded in Unit Ownership File No. 674 in the
Office of the Register of Deeds for Mecklenburg County, North Carolina simultaneously
with the recording of this Supplemental Declaration and which plans and survey are
incorporated herein by reference.
3. The Exhibit D to the Declaration setting forth the Percentage of the
Undivided Interest in Common Elements and Common Expenses for the Units shall be
deleted and replaced with the Exhibit B attached hereto and incorporated herein by
reference, which describes all of the Units in Belle Vista Condominium, including the
Units created out of the Phase IV Property and the Percentage of Undivided Interest in
Common Elements and Common Expenses for all Units in Belle Vista Condominium.
4. All capitalized terms herein shall have the same meanings and definitions
as set forth in the Declaration.
HTPL: 2710131 v I

IN WITNESS WHEREOF, Declarant has caused this Supplemental Declaration to
be executed as of the day and year first above written.
PULTE HOME CORPORATION,
a Michigan corporation
By: — S
Jon S. Hardy, Attorney-in-F
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
, a Notary Public for said County and State,
do hereby certify that on S. Hardy, Attorney -in -Fact for Pulte Home Corporation, a
Michigan corporation, personally known to me, personally appeared before me this day and
being by me duly sworn, acknowledged that he voluntarily executed the foregoing
instrument for and in behalf of Pulte Home Corporation, a Michigan corporation, and that
his authority to execute and acknowledge said instrument is contained in an instrument
duly executed, acknowledged and recorded in the Office of the Register of Deeds for
Mecklenburg County, North Carolina, in Book 18160 at Page 354, and that this
instrument was executed under and by virtue of the authority given by said instrument
granting himpower of attorney; that the said Jon S. Hardy acknowledged the due
execution of the foregoing instrument for the purposes therein expressed for and in behalf
of the said Pulte Home Corporation, a Michigan corporation_
WITNESS my hand and official seal this 3rd day of t,1 , 2006.
My Commission Expires:
"/-02,o9009
Print Name:
na (v04/12
Notary Public
a►la) Fju?%r
1ITPL:271081 vI

EXHIBIT A
Legal Description of Phase IV Property
Lying and being in the City of Charlotte, Mecklenburg County, North Carolina and being
more particularly described as follows:
BEGINNING at a PSCM "Control Comer" in the southwesterly margin of the right of way of
John J. Delaney Drive with NC Grid Coordinates (NAD 83) of N = 479,338.569 and E =
1,445,501.783, and running thence from said Beginning Point with the southwesterly margin of
the right of way of John J. Delaney Drive South 72-39-04 East 103.79 feet to a point; thence with
new lines the following seven (7) courses and distances: (1) South 18-41-16 West 221.86 feet to
a point, (2) North 70-55-14 West 78.12 feet to a point, (3) South 62-06-49 West 55.74 feet to a
point, (4) North 28-36-12 West 46.32 feet to a point, (5) North 65-30-14 West 145.34 feet to a
point, (6) North 70-24-04 West 77.97 feet to a point and (7) North 65-03-25 West 75.88 feet to a
set #4 rebar in the easterly margin of the right of way of Costigan Drive with NC Grid
Coordinates (NAD 83) of N = 479,256.023 and E — 1,445,110.043; thence with the easterly
margin of Costigan Drive, North 21-11-03 East 82.47 feet to a point in the southerly property
line of Recreational Property shown on map recorded in Map Book 40 at Page 585 in the
Mecklenburg County Public Registry; thence with the southerly margin and the easterly margin
of the aforesaid Recreational Property the following four (4) courses and distances: (1) South 69-
29-11 East 203.45 feet to a point, (2) North 25-20-12 East 123.76 feet to a point, (3) with the arc
of a circular curve to the right having a radius of 29.00 feet, a chord bearing and distance of
North 35-05-21 East 9.82 feet and an arc distance of 9.87 feet to a point and (4) North 44-50-30
East 17.29 feet to a point in the southwesterly margin of the right of way of John J. Delaney
Drive; thence with the southwesterly margin of the aforesaid right of way of John J. Delaney
Drive with the arc of a circular curve to the left having a radius of 290.51 feet, a chord bearing
and distance of South 61-15-24 East 114.79 feet and an arc distance of 115.55 feet to the Point
and PIace of BEGINNING and containing 1.671 acres, all as shown on survey entitled "Final
Plat of Belle Vista Condominium Phase IV" dated September I6, 2005 by Scott L. Hunter of
ESP Associates, P.A., to which survey reference is hereby made for a more particular description
of the property.
IiTPL:271081 vl

EXHIBIT B
TO SUPPLEMENTAL DECLARATION OF
BELLE VISTA CONDOMINIUM PHASE III
UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
03101 B .6250%
03102 A .5860%
03103 B .6250%
03104 C .6445%
03105 C .6445%
03106 B .6250%
03107 A .5860%
03108 B .6250%
03109 C .6445%
03110 C .6445%
03201 B .6250%
03202 A .5860%
03203 B .6250%
03204 C .6445%
03205 C :6445%
03206 B .6250%
HTP1.:271081 vl

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
03207 A .5860%
03208 B .6250%
03209 C .6445%
03210 C .6445%
03301 B .6250%
03302 A .5860%
03303 B .6250%
03304 C .6445%
03305 C .6445%
03306 B .6250%
03307 A _5860%
03308 B .6250%
03309 C .6445%
03310 C .6445%
03401 B .6250%
03402 A .5860%
03403 B .6250%
03404 C .6445%
HTPL: 27108 I v I

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
03405 C .6445%
03406 B .6250%
03407 A .5860%
03408 B .6250%
03409 C .6445%
03410 C .6445%
04101 B .6250%
04102 A
04103 B
04104 C
04105 C
04106 B
04107 A
04108 B
04109 C
04110 C
04201 B
04202 A
11TPL:271081 vl
.5860%
.6250%
.6445%
.6445%
.6250%
.5860%
.6250%
. 6445%
. 6445%
.6250%
.5860%

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
04203 B .6250%
04204 C .6445%
04205 C .6445%
04206 B .6250%
04207 A .5860%
04208 B .6250%
04209 C .6445%
04210 C .6445%
04301 B .6250%
04302 A .5860%
04303 B .6250%
04304 C .6445%
04305 C .6445%
04306 B .6250%
04307 A .5860%
04308 B .6250%
04309 C .6445%
04310 C .6445%
HTPL: 27108I v1

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
04401 B .6250%
04402 A .5860%
04403 B .6250%
04404 C .6445%
04405 C .6445%
04406 B .6250%
04407 A .5860%
04408 - B .6250%
04409 C .6445%
04410 C 6445%
05101 B .6250%
05102 A .5860%
05103 B .6250%
05104 C .6445%
05105 C .6445%
05106 B .6250%
05107 A .5860%
05108 B .6250%
1-1TPL:271081 v1

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
05109 C .6445%
05110 C .6445%
05201 B .6250%
05202 A .5860%
05203 B .6250%
05204 C .6445%
05205 C .6445%
05206 B .6250%
05207 A .5860%
05208 B .6250%
05209 C .6445%
05210 C .6445%
05301 B _6250%
05302 A .5860%
05303 B .6250%
05304 C .6445%
05305 C .6445%
05306 B .6250%
HTPL:271081 vl

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
05307 A ' .5860%
05308 B .6250%
05309 C .6445%
05310 C 6445%
05401 B .6250%
05402 A .5860%
05403 B .6250%
05404 C .6445%
05405 C .6445%
05406 B _6250%
05407 A .5860%
05408 B .6250%
05409 C .6445%
05410 C .6445%
06101 B .6250%
06102 A .5860%
06103 B .6250%
06104 C .6445%
NTPL:271081 vl

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
06105 C .6445%
06106 B .6250%
06107 A .5860%
06108 B .6250%
06109 C .6445%
06110 C .6445%
06201 B .6250%
06202 A .5860%
06203 B .6250%
06204 C .6445%
06205 C .6445%
06206 B .6250%
06207 A .5860%
06208 B .6250%
06209 C .6445%
062I0 C .6445%
06301 B .6250%
06302 A .5860%
HTPL: 271081 v1

UNIT NUMBER UNIT TYPE
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
06303 B .6250%
06304 C .6445%
06305 C .6445%
06306 B .6250%
06307 A .5860%
06308 B .6250%
06309 C .6445%
06310 C .6445%
06401 B .6250%
06402 A .5860%
06403 B .6250%
06404 C .6445%
06405 C .6445%
06406 B .6250%
06407 A .5860%
06408 B .6250%
06409 C .6445%
06410 C
.6445%
100%
1P1'PL:271081 v1

JUDITH A. GIBSON
REGISTER OF DEEDS, MECKLENBURG
COUNTY & COURTS OFFICE BUILDING
. 720 EAST FOURTH STREET
CHARLOTTE, NC 28202
PLEASE RETAIN YELLOW TRAILER PAGE
It is part of the recorded document, and must be submitted with original for re-recording
and/or cancellation.
Filed For Registration: 01/04/2006 11:50 AM
Book: RE 19850 Page: 217-230
Document No.: 2006001463
DECIU 14 PGS $50.00
Recorder: GRACE TUCKER
111111111111111111111111111111111111111111111111111113
2006001463

BYLAWS
OF
BELLE VISTA CONDOMINIUM
UNIT OWNERS ASSOCIATION, INC.
ARTICLE I
PLAN OF CONDOMINIUM
1.1. Ownership. The property located in Mecklenburg County, State of North.
Carolina, and more particuIariy described in the Declaration of Belle Vista Condominium (the
"Declaration"), has been submitted to the provisions of the North Carolina Condominium Act
(the "Act") by instrument recorded in the Office of the Register of Deeds for Mecklenburg
County, North Carolina, simultaneously herewith, and shall be known as Belle Vista
Condominium (the "Condominium").
1.2. Applicability of Bylaws. The provisions of these Bylaws are applicable to the
Property of the Condominium, and to the use and occupancy thereof including all additional
phases which may be added thereto.
1.3, Persons Bound. All present and future Unit Owners, mortgagees, Lessees and
Occupants of Units and their employees, and any other persons who may use the facilities of the
Property in any manner are subject to the Declaration, these Bylaws and any Rules and
Regulations made pursuant hereto, and any amendment to these Bylaws or the Declaration upon
the same being passed and recorded in the manner set forth in the Condominium Documents.
The acceptance of a deed of conveyance or the entering into of a lease or the act of occupancy of
a Unit shall constitute an agreement that these Bylaws (and any Rules and Regulations made
pursuant hereto) and the provisions of the Declaration, as they may be amended from time to
time, are accepted, ratified and will be complied with.
1.4, Definitions. The words, phrases and terms listed in these Bylaws shall have the
meanings as set forth in the Declaration, to which these Bylaws are attached, unless the context
clearly indicates a different meaning therefor.
ARTICLE II
UNIT OWNERS
2.1. Name and Nature of Association. Belle Vista. Condominium Unit Owners
Association, Inc, (the "Association") shall be a nonprofit corporation, organized under the laws
of the State of North Carolina, and the membership shall be comprised of all of the Unit Owners
as herein provided, which Association shall be governed by the Board as herein provided.
2,2, Place of Meetings. All meetings of the Association shall be held at the Property,
or at such other place, either within or without the State of North Carolina, as shall be designated
in a notice of the meeting.
2.3. Annual. An annual meeting of the Unit Owners shall be held at 7:00 o'clock p,m.
on the first Monday in May of each year, if not a legal holiday, and if a legal holiday, then at the
same time on the next business day following the legal holiday, for the purpose of electing
C:U}aoeurncnts and Scttingstdrowier\Local ScttingsVfcmpora y Internet Files\OLKF\Revised Belie Vista Bylaws et-25-061.1)0C

members of the Board and for the transaction of such other business as 'may be properly brought
before the meeting.
2.4. Substitute Annual Meetings. If the annual meeting shall not be held on the day
designated by the Bylaws, a substitute annual meeting may be called in accordance with the
provisions of Section 2.5 of this Article. A meeting so called shall be designated and treated for
all purposes as the annual meeting.
2.5. Special Meeting. Special meetings of the Unit Owners may be called at any time
by the President, a majority of the Board, or upon the written request of the Unit Owners owning
at least 20%'in Allocated Interest in the Common Elements exclusive of those Units held by the
Declarant.
2.6. Notice of Meetings. Written or printed notice stating the place, day and hour of
any meeting shall be delivered or mailed not less than 10 days nor more than 50 days prior to the
date thereof, either personally or by postage prepaid mail, at the direction of the Board, the
President, or Unit Owners calling the meeting, to each person entitled to vote at such meeting,
and, to all Eligible Mortgage Holders so requesting under the provisions of Article XI of the
Declaration, who may request a representative to attend the meeting of Unit Owners.
The notice of any meeting must state the time and place of the meeting and the items on
the agenda, including the general nature of any proposed amendment to the Declaration or these
Bylaws, and budget changes, and any proposal to remove Board members or officers.
When a meeting is adjourned for less than 30 days in any one adjournment it is not
necessary to give any notice of the adjourned meeting, other than by announcement at the
meeting at which the adjournment is effective.
2.7. Quorum. The presence in person or by proxy at any meeting of the Voting
Members (as defined in Section 2.8 of this Article) having,10% of the total votes which may be
cast for election of the Board shall constitute a quorum. If there is no quorum at the opening of
the meeting of Unit Owners, such meeting may be adjourned from time to time by the vote of a
majority of the Voting Members present, either in person or by proxy; and at any adjourned
meeting the quorum requirement shall be reduced by 50% of the original quorum requirement
and if such quorum is present, any business may be transacted which might have been transacted
at the original meeting.
The Voting Members at a meeting at which a quorum is present may continue to do
business until adjournment, notwithstanding the withdrawal of enough Voting Members to leave
less than a quorum.
2.8. Voting Rights. There shall be one person with respect to each Owner who shall be
entitled to vote at any meeting of the Unit Owners (the "Voting Member"). The Voting Member
may be the Unit Owner, or one of a group composed of all of the Unit Owners of a Unit, or may
be some other person designated by such Unit Owner(s) to act as proxy on his or their behalf,
and who need not be a Unit Owner. Each Unit Owner or group of Unit Owners shall be entitled
to one vote for each Unit owned. No votes allocated to a Unit or Units owned by the Association
may be cast.
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2

2.9. Majority Vote. The vote of a majority of the Voting Members present at a
meeting at which a quorum shall be present shall be binding upon all Unit Owners for all
purposes except where a higher percentage vote is required by the Declaration, these Bylaws or
by law.
2. 10. Proxies. The Voting Members may vote either in person or by agents duly
authorized by written proxy executed by such Unit Owner or his duly authorized attorney in fact.
A proxy shall be valid only for the particular meeting designated therein, unless the person
executing it specifies therein the length of time for which it is to continue in force, which time
shall not extend beyond one year from the date of its execution. Unless a proxy otherwise
provides, any proxy holder may appoint in writing a substitute to act in his place. In order to be
effective, all proxies must be dated and filed with the Secretary or duly acting Secretary of the
Association, either during or prior to the meeting in question. A proxy is void if it is not dated.
2.11. Waiver of Notice. Any Voting Member may, at any time, waive notice of any
meeting of the Association in writing, and such waiver shall be deemed to be equivalent to the
giving of such notice. Attendance by a Voting Member at any meeting of the Association shall
constitute a waiver of notice by him of the time and place thereof, except where a Voting
Member attends a meeting for the express purpose of objecting to the transaction of any business
because the meeting was not lawfully called.
2.12. Informal Action by Unit Owners. Any action which may be taken at a meeting of
the Association may be taken without a meeting if a consent in writing, setting forth the action so
taken, shall •be signed by all of the Voting Members and filed with the Secretary of the
Association to be kept in the Association's minute book.
ARTICLE III
EXECUTIVE BOARD
3.1. Number. The business and property of the Condominium' shall be managed and
directed by the Executive Board (the "Board"), composed of seven persons, except as hereinafter
provided. The size of the Board may be increased or decreased from time to time upon the
affirmative vote of three fourths of all Unit Owners, provided that said Board shall not be less
than three in number.
3.2. Initial Members. The initial members of the Board (referred to as "Directors"
herein) shall be selected by the Declarant, and need not be Unit Owners. Such initial directors
shall serve at the election of the Declarant from the date upon which the Declaration is recorded
in the Office of the Register of Deeds for Mecklenburg County, until such time as their
successors are duly elected and qualified.
The names and addresses of the persons who shall serve on the initial Board from the
date upon which the Declaration is so recorded in the Mecklenburg County Public Registry until
such time as their successors are duly elected and qualified, are as follows:
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3

NAME ADDRESS
David A. Cushing
Scott H. Binder
Ronda Ratliff
Pulte Rome Corporation
11121 Carmel Commons Boulevard
Suite 450
Charlotte, North Carolina 28226
Pulte Home Corporation
11121 Carmel Commons Boulevard
Suite 450
Charlotte, North Carolina 28226
Pulte Home Corporation
11121 Carmel Commons Boulevard
Suite 450
Charlotte, North Carolina 28226
3.3. Election. Except as provided herein, the directors shall be elected at the annual
meeting of the Association, and those persons who receive the highest number of votes shall be
deemed to have been elected. The Declarant shall have the right to appoint or remove the
Directors until the earlier of the following three dates: (a) within 120 days after the date by
which 75% of the Units (including any Units which may be created pursuant to Special
Declarant Rights) have been conveyed to Unit purchasers other than Declarant; (b) two years
after all Declarants have ceased to offer Units for sale in the ordinary course of business, or (c)
two years after any development right to add additional Units under the Act was last exercised.
The Declarant can turn over control of the Association to such Unit Owners other than
the Declarant prior to such dates in its sole discretion by causing all or part of its appointed
Directors to resign, whereupon it shall be the affirmative obligation of Unit Owners other than
the Declarant to elect Directors and assume control of the Association. Provided at least 30 days
notice of Declarant's decision to cause its appointees to resign is given to Unit Owners, neither
the Declarant, nor such appointees, shall be liable in any manner in connection with such
resignations even if the Unit Owners other than the Declarant refuse or fail to assume control.
Within 60 days after conveyance of 25% of the Units (including Units which may be
created pursuant to Special Declarant Rights) to Unit Owners other than the Declarant, at least
one Director and not less than 25% of the directors of the Board shall be elected by Unit Owners
other than the Declarant. Within 60 days after conveyance of 50% of the Units (including Units
which may be created pursuant to Special Declarant Rights) to Unit Owners other than the
Declarant, not less than 33% of the Directors of the Board shall be elected by Unit Owners other
than the Declarant.
Within 60 days after the Unit Owners other than the Declarant are entitled to elect
such Director or Directors, or sooner if the Declarant has elected to accelerate such event as
aforesaid, the Association shall call, and give not Tess than 10 days nor more than 50 days notice
of 'a meeting of the Unit Owners to elect such Director or Directors of the Board. The meeting
may be called and the notice given by any Unit Owner if the Association fails to do so.
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Within 60 days after the Unit Owners other than the Declarant are entitled to elect such
Director or Directors, or sooner if the Declarant has elected to accelerate such event as aforesaid,
the Association shall call, and give not less than 10 days nor more than 50 days notice of a
meeting of the Unit Owners to elect such Director or Directors of the Board. The meeting may be
called and the notice given by any Unit Owner if the Association fails to do so.
3.4. Term and Qualification. Each Director shall hold office for the term for which he
was elected, or until his death, resignation, retirement, removal, disqualification or until his
successor is elected and qualified. Each such Director shall serve for a two year term. Nothing
herein contained shall be construed to prevent the election of' a Director to succeed himself.
Each Director shall be one of the Unit Owners or co -Unit Owners, provided, however, that in the
event a Unit Owner is a corporation, partnership, trust or other legal entity other than a natural
person or persons, then an officer or director of such corporation, partner of such partnership,
beneficiary of such trust or manager of such other legal entity, shall -be eligible to serve as a
Director.
3.5. Removal. Directors, may be removed from office with or without cause by the
affirmative vote of at least 67% of the Voting Members. If any Directors are so removed, new
Board members may be elected at the same meeting; provided, however, that the person(s)
selected by Declarant cannot be removed without the prior written consent of Declarant.
3.6. Vacancies. A vacancy occurring in the Board may be filled by a majority of the
remaining Directors, though Iess than a quorum, or by the sole remaining Director, but a vacancy
created by an increase in the authorized number of Directors shall be filled only by election at an
annual meeting or a special meeting of Unit Owners called for that purpose. The Voting
Members may elect a Director at any time to fill any vacancy not filled by the Board.
In the event that Declarant, in accordance with the rights herein established,
selects any person to serve on the Board, Declarant shall have the absolute right at any time, in
its sole discretion, to replace such person with another person to serve on the Board.
Replacement of any person designated by Declarant to serve on the Board shall be made by
written instrument delivered to any officer of the Association, which instrument shall specify the
name of the person to be replaced and the name of the person designated as successor to the
person so removed from the Board. The removal of any such Board member and the designation
of his successor shall be effective immediately upon delivery of such written instrument by
Declarant to'any officer of the Association.
3.7. Compensation. The Board shall receive no compensation for their services unless
expressly allowed by the Board at the direction of the Unit Owners other than the Declarant
having two thirds of the total votes,
3.8. Executive Committees, The Board may, by resolution adopted by a majority of
the number of Directors fixed by these Bylaws, designate two or more of its members to
constitute an executive committee, which committee, to the extent provided in such resolution,
shall have and may exercise all of the authority of the Board in the management of the
Condominium.
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The Board may, in like manner, create such other committees as it deems necessary and
appropriate in aiding the Board to carry out its duties and responsibilities with respect to the
management of the Condominium.
3.9. Powers and Duties. The Board shall have the powers and duties necessary for the
administration of the affairs of the Condominium, and may do all such acts and things, except
such acts as by law or the Declaration or by these Bylaws may not be delegated to the Board,
Such powers and duties of the Board shall include, but shall not be limited to, the following:
(a) Determining the Common Expenses required for the affairs of the
Condominium, including, without limitation, the operation and maintenance of the Property.
(b) Collecting the Common Expenses from the Unit Owners.
(0)
Elements.
Supervising the operation, care, upkeep and maintenance of the Common
(d) Employing and dismissing the personnel necessary for the maintenance
and operation of the Common Elements.
(e) Adopting and amending such reasonable rules and regulations as it may
deem advisable for the maintenance, conservation, and beautification of the Property, and for the
health, comfort, safety, and general welfare of the Unit Owners and occupants of the Property.
Written notice of such rules and regulations shall be given to all Unit Owners and occupants, and
the entire Property shall at all times be maintained subject to such rules and regulations.
(f) Opening bank accounts on behalf of the Condominium and designating the
signatories required therefor,
(g) Selling, mortgaging, voting the votes appurtenant to, or otherwise dealing
with Units acquired by the Association, or its designee, corporate or otherwise, on behalf of all
Unit Owners, subject to the Declaration and other applicable restrictions, and organizing
corporations to act as designees of the Board in acquiring title to Units on behalf of all Unit
Owners.
(h) Maintaining and repairing any Unit, if such maintenance or repair is
necessary in the discretion of the Board or by operation of applicable restrictions to protect the
Common Elements or any other portion of the Property, and a Unit Owner has failed or refused
to perform such maintenance or repair within a reasonable time after written notice of the
necessity of said maintenance or repair has been delivered or mailed by the Board to said Unit
Owner; provided, however, that the Board shall levy a specific assessment against such Unit
Owner for the costs of said maintenance or repair, including a reasonable amount for
supervision.
(i) Entering any Unit when necessary in connection with any maintenance or
construction for which the Board is responsible; provided that, except in the event of
emergencies, such entry shall be made during reasonable hours with as little inconvenience to the
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Unit Owner as practical, and any damage caused thereby shall be repaired by the Board, with
such expenses being treated as a Common Expense.
(j) Signing all agreements, contracts, deeds, and vouchers for the payment of
expenditures and other instruments in such manner as from time to time shall be determined by
written resolution of the Board. Provided, however, that any contracts or leases executed on
behalf of the Association prior to the passage of control. of the Board to the Association must be
terminable by the Association without penalty on not less than 90 days written notice. In the
absence of such determination by the Board, such document shall be signed by the Treasurer and
countersigned by the President.
(k) Obtaining insurance for the Property, including the Units, pursuant to the
applicable provisions of the Declaration.
(1) Making or contracting for repairs, additions, and improvements to, or
alterations or restorations of, the Property in accordance with the other provisions of these
Bylaws and the Declaration, after damage or destruction by fire or other casualty, or as a result
of condemnation or eminent domain proceeding.
(m) Contracting for aII goods,. services and insurance, payment for which is to
be made from the Common Expense fund.
(n) Instituting, defending, or intervening in litigation or administrative
proceedings in the name of or on behalf of the Association or two or more Unit Owners on
matters affecting the Condominium.
(o) Borrowing money on behalf of the Condominium, when required in
connection with the operation, care, upkeep, and maintenance of the Common Elements;
provided, however, that the consent of the Unit Owners of at least two thirds of the Units
represented at a meeting at which a quorum has been attained in accordance with the provisions
of these Bylaws shall be required for the borrowing of any sum in excess of $10,000.
(p) Imposing charges for late payment of assessments and, after notice and an
opportunity to be heard, levying reasonable fines for violations of the Declaration, the Bylaws, or
rules and regulations established by the Association, alI in accordance with Sections 47C-3-107
and 47C-3-107.1 of the Act.
(q) At its discretion, authorizing Unit Owners or other persons to use portions
of the Common Elements for private parties and gatherings and imposing reasonable charges for
such private use,
(r) Exercising (i) all powers specifically set forth in the Declaration, the
Articles of Incorporation, these Bylaws and in the Act, (ii) all powers incidental thereto, and (iii)
all other powers of a nonprofit North Carolina corporation.
(s) Suspending the right of any Unit Owner to vote as long as said Unit
Owner is delinquent in the payment of Common Expenses or is otherwise in violation of the
Declaration or any exhibits thereto or applicable rules and regulations.
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(t) Ensuring that the Association performs on a timely basis all of its duties
and obligations under and pursuant to the Community Declaration and the Easement Agreement,
including, without Iimitation; paying all amounts which shall be due and payable by the
Association pursuant to the same.
3.10. Managing Agent. The Board may engage the services of any person, firm, or
corporation to act as managing agent at a compensation established by the Board, to perform
such duties and services as the Board shall authorize, other than the powers set forth in
subdivisions (a), (e), (g), (h), (i), (p) and (q) of Section 3.9 of this Article III. Any management
agreement for the Condominium shall be terminable by either party without cause and without
payment of a termination fee or penalty upon 90 days or more written notice thereof and the
terms of such agreement may not exceed one year, renewable by agreement of the parties for
successive one year periods. Any management agreement shall be terminable by either party for
cause upon the giving of not less than 30 days written notice. When professional management
has been previously utilized, any decision to establish self management by the Association shall
require the prior consent of 67 percent of the Unit Owners and the approval of 51 percent of the
Eligible Mortgage Holders, counting one vote for each First Mortgage owned.
3.I1. Duties of Declarant. Within a reasonable time after Unit Owners other than the
Declarant elect a majority of the members of the Board (but not more than 60 days after such
event), the Declarant shall deliver control of the Association and shall deliver to the Association
all property of the Unit Owners and of the Association held or controlled by the Declarant,
including, if applicable:
(a) The original or a photocopy of the recorded Declaration of Condominium,
and all amendments thereto. If a photocopy is provided, the Declarant must certify by affidavit
that it is a complete copy of the actual recorded Declaration.
(b)
(c)
(d)
the Association.
(e)
(f)
(g)
A copy of the Articles of Incorporation of the Association.
A copy of the Bylaws of the Association.
The minute books, including all minutes, and other books and records of
Any rules and regulations which have been adopted.
Resignations of resigning officers and Board members.
Association funds or the control thereof.
(h) A Copy of the plans and specifications utilized in the construction or
remodeling of improvements on the Property and the supplying of equipment, and for the
construction and installation of all mechanical components servicing the improvements and the
Condominium, with a certificate, in affidavit form, of an officer of the Declarant or an architect
or engineer authorized to practice in North Carolina, that such plans and specifications represent,
to the best of their knowledge and belief, the actual plans and specifications utilized in the
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construction and improvement of the Condominium and the construction and installation of the
mechanical components serving the Improvements and the Property.
(i)
Insurance policies.
(j) Copies of any Certificates of Occupancy which may have been issued for
the Condominium.
(k) Any other permits issued by governmental bodies applicable to the
Condominium in force or issued within one year prior to the date the Unit Owners take control of
the Association.
(1) All written warranties of contractors, subcontractors, suppliers and
manufacturers, if any, that are still effective.
(m) A roster of Unit Owners and their addresses and telephone numbers, if
known, as shown on the Declarant's records.
(n) Employment contracts or service contracts in which the Association is one
of the contracting parties, or service contracts in which the Association or Unit Owners have an
obligation or responsibility, directly or indirectly, to pay some or all of the fee or charge of the
person or persons performing the service.
(o) All other contracts to which the Association is a party.
ARTICLE IV
MEETINGS OF DIRECTORS
4.1. Organizational Meeting. The first meeting of the initial Board designated in these
Bylaws shall be held at such time as the Declarant shall determine, but in no event later than one
year from the date of incorporation of the Association. The first meeting of the first Board
elected at that point after which Unit Owners other than the Declarant are entitled to elect a
majority of the directors shall be held within 15 days following the meeting of the Unit Owners
at which the Board was elected. No notice shall be necessary to the newly elected members of
the Board in order to legally constitute such meeting, provided that a quorum is present.
4.2. Regular Meeting. A regular meeting of the Board shall be held immediately after,
and at the same place as, the annual meeting or substitute annual meeting of the Unit Owners. In
addition, the Board may provide by resolution the time and place, either within or without the
State of North Carolina, for the holding of a regular meeting of the Board.
4.3. Special Meetings. Special meetings of the Board may be called by the President,
or by any two Directors. Such meetings may be held either within or without the State of North
Carolina.
4.4. Notice of Meetings. Regular meetings of the Board may be held without notice.
The person(s) who called a special meeting of directors shall, at least two days prior to said
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meeting, give notice thereof by any usual means of communication. Such notice need not specify
the purpose for which the meeting is called.
4.5. Waiver of Notice. Any member of the Board may at any time waive notice of any
meeting of the Board in writing, and such waiver shall be deemed equivalent to the giving of
such notice. Attendance by a Director at any meeting of the Board shall constitute a waiver of
notice of such meeting except where a member attends the meeting for the express purpose of
objecting to the transaction of any business because the meeting was not lawfully called and he
does so object.
4.6. Quorum. A majority of the number of Directors fixed by these Bylaws shall be
required for and constitute a quorum for the transaction of business at any meeting of the Board.
The Directors at a meeting at which a quorum is present may continue to do business until
adjournment, notwithstanding the withdrawal of enough Directors to leave less than a quorum.
4.7. Manner of Acting. Except as otherwise provided in this Article, the act of the
majority of the Directors present at a meeting at which a quorum is present shall be the act of the
Board. A vote of a majority of the number of Directors fixed by these Bylaws shall be required
to adopt a resolution constituting an executive committee.
4.8. Organization. Each meeting of the Board shall be presided over by the President,
and in the absence of the President, by any person selected to preside by vote of the majority of
the Board members present. The Secretary, or in his absence, an Assistant Secretary, or in the
absence of both the Secretary and the Assistant Secretary, any person designated by the President
of the meeting shall act as secretary of the meeting,
4.9. Informal Action of Board. Action taken by a majority of the Directors without a
meeting is nevertheless Board action if written consent to the action in question is signed by all
of the Directors and filed with the minutes of the proceedings of the Board, whether done before
or after the action so taken,
4.10. Minutes. The Board shall keep minutes of its proceedings, which shall be
available for inspection by the Unit Owners during reasonable business hours.
4.11. Liability of the Board and Officers. The Directors and the officers provided for in
Article V hereof shall not be liable to the Unit Owners for any mistake of judgment, negligence,
or otherwise, except for their own individual willful misconduct or bad faith. The Unit Owners
shall indemnify and hold harmless each of the Directors and the officers against all contractual
liability to others arising out of contracts made by the Board or the officers on behalf of the
Condominium, unless any such contract shall have been made in bad faith or contrary to the
provisions of the Declaration or these Bylaws. It is intended that the Directors or any officer
shall have no personal liability with respect to any contract made by them on behalf of the
Condominium, except to the extent that they are Unit Owners and have liability as such. It is also
intended that the liability of any Unit Owner arising out of any contract made by the Board or the
officers, or out of the aforesaid indemnity in favor of the directors or the officers, shall be limited
to such proportion of the total liability thereunder as his interest in the Common Elements bears
to the interests of all the Unit Owners in the Common Elements. Every agreement made by the
Board, by the managing agent or by the officers on behalf of the Condominium shall provide that
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the members of the Board, the managing agent or the officers, as the case may be, are acting only
as agents for the Unit Owners, and shall have no personal liability thereunder.
4.12. Attendance of Unit Owners. Regular meetings of the Board shall not be open to
Unit Owners; provided, however, Unit Owners may request to attend meetings of the Board for a
specific purpose as stated in a written request to the Board, which request shall be considered by
the Board in its sole and absolute discretion.
ARTICLE V
OFFICERS
5.1. Number. The principal officers of the Condominium shall consist of a President, a
Secretary, a Treasurer, and such Vice Presidents, Assistant Secretaries, Assistant Treasurers and
other officers as the Board may from time to time elect. Any two or more offices may be held by
the same person, except the offices of President and Secretary.
5.2. Election and Term. The officers of the Condominium shall be elected by the
Board. The President, Vice President, Secretary and Treasurer shall be elected from among the
Board, and all other officers, if any, need only be a Unit Owner. The officers elected by the
initial Board are not required to be Unit Owners. The election of the officers may be held at the
regular annual meeting of the Board.
Each officer shall hold office for a period of one year, or until his death, resignation,
retirement, removal, disqualification, or until his successor is elected and qualifies.
5.3. Removal. Any officer or agent elected or appointed by the Board may be
removed by the Board, with or without cause.
5.4. Compensation. No officer shall receive any compensation from the
Condominium for acting as such.
5.5. President. The President shall be the principal executive officer of the
Condominium, and, subject to the control of the Board, shall supervise and control the
management of the Condominium. The President shall, when present, preside at all meetings of
the Board and of the Unit Owners and, in general, shall perform all duties incident to the office
of President, including the preparation, execution, certification, and recordation, with the
Secretary, of amendments to the Declaration on behalf of the Association, and such other duties
as may be prescribed from time to time by the Board.
5.6. Vice President, The Vice President, and if there be more than one, the Vice
Presidents, designated by the Board, shall, in the absence or disability of the President, have the
powers and perform the duties of said office. In addition, each Vice President shall perform such
other duties and have such other powers as shall be prescribed by the President or by the Board.
5.7. Secretary. The Secretary shall keep accurate records of the acts and proceedings
of all meetings of Unit Owners and directors. He shall give, or cause to be given, all notices
required by law and by these Bylaws. He shall have general charge of the minute books and
records of both the Association and the Board. He shall sign such instruments as may require his
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signature, and, in general, shall perform all duties incident to the office of secretary, including
the preparation, execution, certification, and recordation, with the President, of amendments to
the Declaration on behalf of the Association, and such other duties as may be assigned him from
time to time by the President of the Board or by the Board.
5.8. Treasurer. The treasurer shall receive and deposit in appropriate bank accounts all
Condominium funds and securities, and shall receive, deposit or disburse the same under the
direction of the Board. He shall keep full and accurate accounts of the finances of the
Condominium in books especially provided for that purpose. He shall cause a true statement of
its assets and Iiabilities as of the close of each fiscal year, and of the results of its operations and
changes in surplus for each fiscal year, all in reasonable detail, to be prepared and distributed to
all Unit Owners and members of the Board on or before the I5th day of the second month
following the close of each fiscal year. The statement so filed shall be kept available for
inspection by any Unit Owner for a period of three years. The Treasurer shall also prepare and
file all reports and returns required by federal, state or local Iaw, and shall perform all other
duties as may be assigned to him from time to time by the President of the Board or by the
Board.
5.9, Assistant Secretaries and Treasurers. The Assistant Secretaries and Assistant
Treasurers, if any, shall, in the absence of the Secretary and Treasurer, respectively, have all the
powers and perform all of the duties of those officers, and they shall perform such other duties as
shall be assigned to them by the Secretary or the Treasurer, respectively, or by the President or
by the Board.
ARTICLE VI
OPERATION OF THE PROPERTY
6.1. Assessment and Determination of Common Expense. The Board shall from time.
to time, and at least annually, prepare a budget for the Condominium, for the purpose of
determining the amount of the Annual Assessments to be collected from the Unit Owners in
order to provide for the Common Expenses of the Condominium, and allocate and assess such
Common Expenses among the Unit Owners, according to their Percentage of Interest in the
Common EIements as set forth in the Declaration, taking into consideration any expected income
and any surplus from the prior year's operations. The Common Expenses shall include, without
limitation: the expenses, costs and charges incurred in connection with the administration,
operation and management of the Condominium property; all amounts which shall be the
obligation of the Association pursuant to the Community Declaration and the Easement
Agreement; the cost of maintenance, repair, replacement and restoration of the Common
Elements, or any part thereof; the cost of all insurance premiums on all policies of insurance
required to be or which have been obtained by the Board pursuant to the ,provisions of the
Declaration; such amounts as the Board may deem proper for the convenience, comfort and well
being of the Unit Owners, and for the operation, management and maintenance of the Property,
including, without Iimitation, an amount for working capital of the Condominium, for a general
operating reserve, for a reserve fund for replacement or improvement to the Common Elements
and those Limited Common Elements the Association is obligated to maintain, and to make up
any deficit in the Common Expenses for any prior year; in proper cases, the cost of
administration and of maintenance and repair of the Limited Common Elements; and any other
expenses lawfully agreed upon.
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In establishing a reserve fund for replacements, the Board shall take into account the
number and nature of replaceable assets, the expected life of each asset and the expected repair
or replacement cost. The Board shall then set the required capital contribution in an amount
sufficient to permit meeting by equal annual installments over the applicable period the
projected capital needs of the Association with respect to both amount and timing.
Within 30 days after adoption by the Board of any proposed budget for the
Condominium, the Board shall provide a summary of the budget to all Unit Owners and shall
give notice of a date for a meeting of the Unit Owners to consider ratification of the budget not
less than 14 nor more than 30 days after mailing of the summary and notice. Notwithstanding
Section 4.6 of these Bylaws, a quorum need not be present at the meeting. The budget is ratified
Unless at the meeting a majority of all the Unit Owners (whether or not present at the meeting)
votes to reject the budget. In the event the proposed budget is rejected, the periodic budget last
ratified shall be continued until such time as the Unit Owners ratify a subsequent budget
proposed by the Board.
6.2. Payment of Assessments. All Unit Owners shall be obligated to pay (a) Annual
Assessments of Common Expenses assessed by the Board pursuant to the provisions of Section
6. 1; (b) special assessments to be established and collected as provided herein, and (c) specific
assessments against any Unit which are established pursuant to the terms of these Bylaws.
Annual Assessments shall be due and payable in monthly installments on the first day of every
month. A late payment charge in an amount to be determined by the Board shall be assessed for
any installment not paid by the tenth of the month. Any installment not paid during the month in
which it is due shall be subject to the late payment charge and shall accrue interest as provided in
Section 6,5, and shall constitute a lien on the Unit as provided in Section 6.6.
No Unit Owner shall be liable for the payment of any part of the Common Expenses
assessed against his Unit subsequent to a sale, transfer or other conveyance by him (made in
accordance with the provisions of the Declaration and applicable restrictions of record) of such
Unit, together with his interest in the Common Elements (and Limited Common Elements, if
any). A purchaser of a Unit shall be jointly and severally liable with the seller for the payment of
Assessments assessed against such Unit prior to the acquisition by the purchaser of such Unit
only if the purchaser expressly assumes such obligation in writing; provided, however the lien
assessed against such Unit shall remain in full force and effect. Any such purchaser shall be
entitled to a statement from the Board setting forth the amount of the unpaid Assessments against
the seller, and the Unit conveyed shall not be subject to a lien for any unpaid assessments in
excess of the amount shown on the statement. Provided, however, that First Mortgagee or other
purchaser of a Unit at a foreclosure sale of such Unit or First Mortgagee who takes a deed in lieu
of foreclosure shall not be liable for, and such Unit shall not be subject to, a lien for the payment
of Common Expenses assessed prior to the foreclosure sale or deed in lieu of foreclosure. Such
unpaid Common Expenses shall be deemed to be Common Expenses collectible from all of the
Unit Owners, including such purchaser, his successors and assigns.
6.3. Special Assessments. The Association may levy Special Assessments for
Common Expenses not covered by the Annual 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 Elements, including fixtures and
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personal property related thereto, provided that any such Assessment shall have the assent of two
thirds of the Voting Members at a meeting duly called for this purpose. Such Special
Assessments shall be charged to the Units according to their Allocated Interests in the Common
Elements. In addition, the Board may levy Special Assessments against one or more, but less
than all, of the Units to cover repairs or maintenance for which such Unit Owner or Unit Owners
are responsible and which they have failed to make, or for repairs or maintenance required of a
Unit Owner or Unit Owners which impair the value of the Common Elements or the Unit or
Units, or expenses which are incurred in the abatement of or as a result of a violation by a Unit
Owner or Unit Owners of the provisions of the Declaration, the Bylaws or the Rules and
Regulations, or for fines levied for said violations, or where the Board has purchased a Unit on
behalf of one or more Unit Owners. The period of assessment and manner of payment of such
assessment shall be determined by the Board.
6.4. Collection of Assessments. The Board shall determine Common Expenses against
the Unit Owners from time to time, at least annually, and may, as the Board shall determine, take
prompt action to collect any Assessments due from any Unit Owner which remain unpaid for
more than 30 days from their due date.
The Board shall notify Eligible Mortgage Holders pursuant to the provisions of the
Declaration of any amount assessed pursuant to these Bylaws which remains unpaid for more
than 60 days from its due date, and in any other case where the Unit Owner of such Unit is in
default with respect to the performance of any obligation hereunder for a period in excess of 60
days.
6.5. Default in Payment of Assessment. In the event of default by any Unit Owner in
paying any amounts assessed by the Board, such Unit Owner shall be obligated to pay a late
payment charge as established by the Board from time to time, and interest at the rate of 18% on
such amounts from their due date; together with all expenses, including attorneys' fees (as
permitted by law), incurred by the Board in collecting such unpaid sums. If a Unit Owner shall
be in default in payment of an installment of an Assessment, including but not limited to, the
monthly installment based on the annual budget, the Board may accelerate the remaining
installments upon ten days' written notice to such Unit Owner, whereupon the entire unpaid
balance of such Assessment shall become due upon the date stated in such notice.
The Board may appoint an Adjudicatory Panel composed of five (5) Unit Owners, which
may include members of the Board. The Adjudieatory Panel shall have the authority to levy
fines not to exceed One Hundred and Fifty ($150.00) per violation for a violation of the
Declaration, these Bylaws, or any Rules and Regulations enacted by the Board. Prior to the
imposition of any such fine, the Adjudicatory Panel shall send to the defaulting Unit Owner
written notice of the proposed fine and notice of the date, time and location for a hearing before
the Adjudicatory Panel at which time the defaulting Unit Owner and the panel may present
evidence. The notice of hearing shall be delivered personally or sent by certified mail before the
hearing date. The Adjudicatory Panel shall provide the defaulting Unit Owner written notice of
its decision once it is reached. The fine shall be an assessment secured by a lien under Section
47C-3-116 of the Act.
6.6. Lien and Personal Obligation. Each Assessment provided for in this Article,
together with late payment charges, interest and expenses, including attorneys' fees (as permitted
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by law), shall be a charge on and a continuing Iien upon the Unit against which the Assessment
is made when a notice of such lien has been filed of record in the office of the Clerk of Superior
Court of Mecklenburg County, North Carolina, in the manner provided by Article 8, Chapter 44,
of the North Carolina General Statutes, provided such notice of lien shall not be recorded until
such sums assessed remain unpaid for a period of 30 days after the same shall become due. Said
notice of lien shall also secure all Assessments against the Unit becoming due thereafter until the
lien has been satisfied. Said lien may be foreclosed in the manner as a deed of trust .on real
property. In addition, each Unit Owner shall be personally liable for any Assessment against his
Unit becoming due and payable while he is the Unit Owner of such Unit.
6.7. Priority of Assessment Lien. The lien of the Assessments provided for in this
Article shall be prior and superior to all other liens except (a) ad valorem taxes and (b) all sums
unpaid on deeds of trust, mortgages or other encumbrances against the Unit prior to the
docketing of the Assessment lien. The sale or transfer of any Unit shall not affect the Assessment
lien against such Unit. Provided, however, the sale of a Unit pursuant to the foreclosure sale or
execution sale instituted by a superior lien holder or conveyance to Mortgagees by deed in lieu of
foreclosure shall extinguish the inferior Assessment lien against the subject Unit but no such sale
or transfer shall relieve each Unit from liability for any Assessments thereafter becoming due or
for any future Iien in connection therewith. The Association shall share in the excess, if any,
realized by the sale of any Unit pursuant to a foreclosure or action instituted by a superior lien
holder, to the extent of its lien.
6.8. Unit Owners Non -Use. No Unit Owner may exempt himself from liability for
Assessments and his other obligations to the Association by waiver of the use or enjoyment of
any portion of the Common Elements or by the abandonment or sale of his Unit.
6.9. Foreclosure of Liens for Unpaid Assessments. The Board, acting on behalf of the
Association, or on behalf of any one or more individual Unit Owners, if so instructed, shall have
the power to purchase such Unit at the foreclosure sale and to acquire, hold, lease, mortgage,
vote the votes appurtenant to, convey or otherwise deal with the same, subject, however, to
applicable restrictions of record. A suit to recover a money judgment for unpaid Assessments
shall be maintainable without foreclosure or waiver of the Assessment lien. Where a First
Mortgagee or the purchaser of a Unit obtains title to the Unit as a result of foreclosure of a
mortgage, such purchaser, its successors and assigns, shall not be liable for the share of the
Common Expenses or Assessments by the Board chargeable to such Unit which became due
prior to the acquisition of title to such Unit by such purchaser. Such unpaid share of Common
Expenses or Assessments shall be deemed to be a Common Expense collectible from all Unit
Owners, including such purchaser, its successors and assigns.
6.10. Statement of Common Expense. The Board shall promptly provide to any Unit
Owner so requesting in writing a written statement of all unpaid charges due from such Unit
Owner, for which it may impose a reasonable charge at its discretion.
6.11. Abatement and Enjoinment of Violations by Unit Owners. The violation of any
rule or regulation adopted by the Board, the breach of any Bylaw contained herein, or the breach
of any provision of the Declaration, shall give the Board the right; in addition to any other rights
set forth in these Bylaws: (a) to enter the Unit in which, or as to which, such violation or breach
exists, and to make any repairs, and to summarily abate and remove, at the expense of the
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defaulting Unit Owner, any structure, thing, or condition which may exist therein contrary to the
intent and meaning of the provisions hereof, and the Board shall not thereby be deemed guilty in
any manner of trespass, but no items of construction shall be altered or demolished pursuant to
this authority before judicial proceedings are instituted; (b) to enjoin, abate, or remedy by
appropriate legal proceedings, either at law or in equity, at the expense of the defaulting Unit
Owner, the continuance of any such breach; (c) in any case of flagrant or repeated violation by a
Unit Owner, to require such Unit Owner to give sufficient sureties for his future compliance with
such Condominium documents; or (d) after notice and an opportunity to be heard, to levy
reasonable assessments and fines in accordance with Sections 47C-3-107 and 47C-3-107.1 of the
Act for such violations. The failure of the Board or Adjudicatory Panel to so act with respect to
any such violation or breach shall not be deemed a waiver of the Board's or Adjudicatory Panel's
right to act with respect to the same or any other breach.
6.12. Maintenance and Repair.
(a) Each Unit Owner shall maintain, repair, and replace, at his sole cost and
expense, all portions of his Unit which may become in need of maintenance, repair, or
replacement, including the components of the heating and air conditioning system within and
appurtenant to each Unit, if any, all bathroom and kitchen fixtures and appliances, light fixtures,
interior, non-loadbearing walls, doors, floors, ceilings, carpeting, drapes and other items within
the Unit, whether structural or nonstructural, ordinary or extraordinary (other than maintenance
of and repairs to any Common Elements not specifically set forth herein contained therein and
not necessitated by the negligence, misuse or neglect of the Unit Owner, his employees, guests,
agents, servants, lessees, invitees or contractors). Each Unit Owner shall clean the Limited
Common Elements appurtenant to his Unit and replace all Ight bulbs in fixtures (if any) located
in such Limited Common Elements. Each Unit Owner shall be responsible for replacing all
heating and air conditioning filters, if any, required in his Unit. Each Unit Owner shall further be
responsible for all damages to any and all other Units and/or to the Common Elements which his
failure to undertake his maintenance responsibility may cause. AlI damages to the Common
Elements or other Units intentionally or negligently caused by the Unit Owner, his employees,
guests, agents, servants, lessees, invitees or contractors shall be promptly repaired by the Unit
Owner at his sole cost and expense; provided that there is excluded from the provisions
contained in this section such repairs necessitated by casualties insured against by the
Association to the extent the Association receives insurance proceeds for such repairs. The Unit
Owner shall be in said instance required to pay such portion of the costs of such maintenance,
repair and replacement as shall exceed the amount of the applicable insurance proceeds. If the
Unit Owner does not make those repairs to be made by him within 30 days from written demand
by the Board, the same may be repaired by the Board, and the cost thereof shall be assessed
against the Unit owned by the subject Unit Owner.
(b) The Association, through its Board, shall maintain, repair and replace all
portions of the Common Elements and Limited Common Elements (except as provided in
Section 6.12(a) above or in the Declaration) which shall require same, whether located inside or
outside of the Units (unless necessitated by the negligence, misuse or neglect of a Unit Owner,
his employees, guests, agents, servants, lessees, invitees or contractors, in which case such
expense shall be charged to such Unit Owner, or unless herein provided to the contrary), and the
cost thereof shall be charged to all the Unit Owners as a Common Expense.
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6.13. Restrictions on Unit Owners. No Unit Owner shall perform or cause to be
performed any maintenance, repair or replacement work which disturbs the rights of the other
Unit Owners, jeopardizes the soundness or the safety of the Condominium property, or reduces
the value thereof. Each Unit Owner shall cause any work so performed or being performed on
the Unit, which, in the sole opinion of the Board, violates the terms of this section, to be
immediately corrected, and he shall refrain from recommencing or continuing any such work
without written consent of the Board.
6.14. Duty to Report. Each Unit Owner shall promptly report to the Board or its agent
any defect or need for repairs or replacement the responsibility for which is that of the
Association.
6.15. Additions, Alterations or Improvements by the Association. Whenever in the
judgment of the Board, the Common Elements shall require additions, alterations or
improvements, the Board shall proceed with such additions, alterations or improvements, and
shall assess all Unit Owners for the costs thereof, as a Common Expense, subject, however, to
the provisions of Sections 6.1 and 6.3.
6.16. Additions or Improvements by Unit Owners. No Unit Owner shall make any
addition, alteration or improvement in or to his Unit which impairs the structural integrity or
mechanical systems or lessens the support of any part of the Condominium. No Unit Owner shall
make any addition, alteration or improvement which affects the exterior portion or outward
appearance of such Unit, without the prior written consent thereto of the Board. The Board shall
have the obligation to answer any Written request by a Unit Owner for approval of a proposed
addition, alteration or improvement in or to such Unit Owner's Unit within 30 days after such
request, and failure to do so within the stipulated time shall constitute a consent by the Board to
the proposed addition, alteration or improvement.
6.17. Use of Common EIements and Facilities. A Unit Owner shall not interfere with
the use of the Common Elements by the remaining Unit Owners and their employees, guests,
agents, servants, Iessees, invitees, or contractors.
6.18. Conveyance or Encumbrance of Common Elements. All or portions of the
Common EIements may be conveyed or subjected to a security interest by the Association in
accordance with the provision of Section 47C-3-112 of the Act.
6.19. Right of Access. Unit Owner shall grant a right of access to his Unit to the
managing agent and/or any other person authorized by the Board or the managing agent, for the
purpose of making inspections or for the purpose of correcting any condition originating in his
Unit and threatening another Unit or a Common Element, or for the purpose of performing
installations, alterations or repairs to the mechanical or electrical services or other Common
Elements in his Unit or elsewhere in the Buildings, or to correct any condition which violates the
provisions of any mortgage covering another Unit, provided that requests for entry are made in
advance, and that any such entry is at a time reasonably convenient to the Unit Owner. In the
case of an emergency, such right of entry shall be immediate, whether or not the Unit Owner is
present at the time such request for entry is made, and whether or not such entry is at a time
reasonably convenient to the Unit Owner.
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6.20. Rules of Conduct. Rules and Regulations concerning the use of the Units and the
Common Elements may be promulgated and amended by the Board. Such Rules and Regulations
shall be equally applicable to all Unit Owners and shall be uniform in their application and
effect. Copies of such Rules and Regulations shall be furnished by the Board to each Unit Owner
prior to their effective date.
6.21. Remedies Cumulative. All rights, remedies and privileges granted to the
Association or the Unit Owner or Unit Owners of a Unit pursuant to any terms, provisions,
covenants or conditions of the Condominium Documents shall be cumulative, and the exercise of
any one or more shall not constitute an election of remedies, nor shall it preclude the party thus
exercising the same from exercising such other and additional rights, remedies or privileges as
may be available to such party at law or in equity.
6.22. Nonwaiver of Remedies,
(a) The failure of the Association or any Unit Owner to enforce any right,
provision, covenant or condition which may be granted by the Condominium Documents shall
not constitute a waiver of the right of the Association or the Unit Owner to enforce such right,
provision, covenant or condition in the future.
(b) The failure of Declarant to enforce any right, privilege, covenant or
condition which may be granted to it by the Condominium Documents shall not constitute a
waiver of.the right of Declarant to thereafter enforce such right provision, covenant or condition
in the future.
(c) The failure of a First Mortgagee to enforce any right, provision, privilege,
covenant or condition which may be granted to it or them by the Condominium Documents shall
not constitute a waiver of the right of said party or parties to thereafter enforce such right,
privilege, covenant or condition in the future,
ARTICLE VII
RECORDS AND AUDITS
7.1. Reports. The Board shall keep detailed records of the actions of the Board and
the managing agent minutes of the meetings of the Board, minutes of the meetings of the
Association, and- financing records and books of account of the Condominium, including a
chronological listing of receipts and expenditures, as well as a separate account for each Unit
which, among other things, shall, contain the amount of each Assessment against each Unit, the
date when due, the amounts paid and the balance remaining unpaid. A current copy of the
Declaration, Articles of incorporation of the Association, these Bylaws, any currently effective
Rules and Regulations, and the Association's books, records and financial statements shall be
available for examination by all Unit Owners, their duly authorized agents or attorneys, and all
holders, guarantors, or insurers of First Mortgages secured by Units, their attorneys and
authorized agents, at convenient hours during normal business hours that shall be set and
announced for general knowledge. A written annual summary of all receipts and expenditures of
the Condominium shall be rendered by the Board to all Unit Owners on or before the 15th day of
the second month following the close of each fiscal year. In addition, an annual report of the
receipts and expenditures of the Condominium shall be rendered by the Board to all Unit Owners
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and to all Eligible Mortgage Holders who have requested the same, promptly after the end of
each fiscal year.
7.2. Common Expense Funds. All sums collected by the Association, either as
Assessments for the Common Expenses or as Special Assessments may be commingled in a
single fund, but they shall be held for the Unit Owners for the purposes for which they are paid,
and shall, subject to the right of withdrawal or refund provided herein, be credited to accounts
from which shall be paid the charges for which the Assessments are made. Such accounts shall
include the following, or such other and further accounts as the Board from time to time shall
determine:
(a) General Common Expense Account to which shall be credited collection of that
portion of the Common Expense Assessments received for defraying the costs of operating the
Condominium on a day to day basis, including normal maintenance and repairs, insurance and
related charges; and
(b) CapitaI Reserve Account to which shall be credited, all sums collected which are
to be allocated for capital expenditures for the reconstruction, repair and replacement of
Common Elements at a future date.
All sums collected by the Association during the fiscal year, either as assessments of the
Common Expenses or as special assessments, and allocated to the General Common Expense
Account or to any other account from which non -capital expenditures may be made, in excess of
expenditures during such fiseal year made from or chargeable to said account or accounts shall
be deemed contributions to capital at the end of said fiscal year, and shall be transferred to the
Capital Reserve Account. All amounts credited to said Capital Reserve Account shall be
contributions to capital, and shall be held in trust by the Association for future expenditures of a
capital nature, and shall serve to reduce the Assessments required for said capital expenditures.
7.3. Audits. All books of account and financial records shall be kept in accordance
with good and acceptable accounting practices.
ARTICLE VIII
AMENDMENTS TO BYLAWS
8.1. Notice. Notice of the subject matter of a proposed amendment shall be included in
the notice of a meeting at which a proposed amendment is to be considered.
8.2 Adoption. A resolution for the adoption of a proposed amendment may be
proposed either by a majority of the Board or by not less than one third of the members of the
Association. Directors and members of the Association not present in person or by proxy at the
meeting considering the amendment may express their approval in writing provided that such
approval is delivered to the Secretary at or prior to the meeting. The approval must be by not less
than a majority of the votes of members of the Association represented at a meeting at which a
quorum has been attained.
8.3. Limitation. No amendment may be adopted which would eliminate, modify,
prejudice, abridge, or otherwise adversely affect any rights, benefits, privileges or priorities
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granted or reserved to the Declarant or Eligible Mortgage Holders without the consent of said
Declarant and Eligible Mortgage Holder in each instance. No amendment shall be made that is in
conflict with the Articles of Incorporation of the Association or Declaration without satisfaction
of the requirements therein contained, So long as the Declarant controls the Association and the
Veterans Administration holds or insures any First Mortgage on a Unit, the Veterans
Administration shall have the right to veto any amendment to the Bylaws, No amendment to this
Section shall be valid.
8.4. Execution and Recording. A copy of each amendment shall be attached to a
certificate certifying that the amendment was duly adopted as an amendment to the Declaration
and Bylaws, which certificate shall be executed by the President or Vice President and attested
by the Secretary or Assistant Secretary of the Association with the formalities of a deed, or by
the Declarant alone if the amendment has been adopted consistent with the provisions of the
Declaration allowing such action by the Declarant. The amendment shall be effective when the
certificate and a copy of amendment is recorded in the Office of the Register of Deeds for
Mecklenburg County, North Carolina.
ARTICLE IX
CONDEMNATION
9.1. General. Whenever all or any part of the Condominium Property shall be taken by
any authority having the power of condemnation or eminent domain, each Unit Owner and all
Eligible Mortgage Holders shall be entitled to notice thereof and to participate in the proceedings
incident thereto unless otherwise prohibited by law. The award made for such taking shall be
payable to the Association. Unless otherwise provided by law at the time of such taking, any
award made therefor shall be disbursed by the Association as provided in this Article IX
9.2. Common Elements. If the taking is confined to the Common Elements (general or
limited) on which improvements shall have been constructed, and at least 80% of the total vote
of the members of the Association entitled to vote shall vote within 60 days after such taking to
replace the improvements, or any part thereof, on the remaining land included in the Common
Elements (general or limited) and according to the plans therefor first approved by the
Association, then the Board shall arrange for such replacement and the Association shall disburse
the proceeds of such award in the same manner as they are required to disburse insurance
proceeds where damage or destruction to the Common Elements (general or limited) is to be
repaired or reconstructed as provided for herein; subject, however, to the right hereby reserved to
the Association to provide by a majority vote of the Voting Members, for the disbursement by
the Association of the remaining proceeds held by it (after the payment of all costs incident to
such replacement) to the Unit Owners, or to any one or more of them or to their institutional
lenders as their interests may appear in amounts disproportionate to their percentages of
undivided interest in the Common Elements (general or limited) established herein, which
disproportionate amounts shall correspond with the disproportionate damage sustained by the
Unit Owners or any one or more of them as the Association may determine. If at least 80% of the
Voting Members shall not decide within 60 days after such taking to replace said improvements,
or if the taking is confined to the Common Elements (general or limited) on which no
improvements shall have been constructed, then the Association shall disburse the proceeds of
the award provided for the disbursement of the remaining proceeds of an award after payment of
all costs incident to replacement of improvements taken has been made, including the right
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reserved to the Association to provide for the disbursement of the remaining proceeds held by it
to the Unit Owners in disproportionate amounts. All disbursements made under this Section 9.2
shall be in strict compliance with Section 47C-1-107 of the Act.
9.3. Units. If the taking includes one or more Units, or any part or parts thereof,
whether or not there is included in the taking any part of the Common EIements (limited or
general), then the award shall be disbursed and all related matters shall be handled pursuant to
and in accordance with the consent of all Unit Owners and First Mortgagees affected, and
thereafter the Board shall reallocate that Unit's Allocated Interests in a duly recorded amendment
to the Declaration of Condominium in accordance with Section 47C-1-107 of the Act.
9.4. Termination. The Board shall call a meeting of all Unit Owners at least 45 days
prior to any final taking by the condemning authority to determine the action to be taken
pursuant to Sections 9.2 and 9.3 above. Except in the event of a taking of all the Units by
eminent domain, in the event the condemnation involves more than 10% of the value of the
Common Elements (limited or general) and/or more than 15% of the total value of all Units, the
Condominium may be terminated at such meeting by written approval of not less than 80% of
the Voting Members. Any termination agreement shall. be in compliance with 47C-2-118 of the
Act.
ARTICLE X
MISCELLANEOUS
10:1. Ad valorem Taxes. Each Unit shall be deemed to be a separate parcel and shall be
separately assessed and taxed. Each Unit Owner shall be liable solely for the amount of tax
assessed against his Unit and shall not be affected by the consequences resulting from the tax
delinquency of other Unit Owners. Alt tangible personal property owned by the Association in
connection with the maintenance, upkeep and repair of the Common Elements shall be listed for
said taxes in the name of and paid by the Association. Each Unit Owner is also responsible for
his pro rata share of taxes assessed on his portion of the Common Elements, if any.
10.2. Notification to Mortgagee . Any Unit Owner who mortgages his Unit shall notify
the Association of the name and address of the mortgagee, and the Association shall maintain
such information in a book entitled "Mortgagees of Condominiums." In addition to any other
notification provided for in the Declaration or these Bylaws, the Association may, at the written
request of a mortgagee of any such Unit, report any unpaid assessments due from the Unit
Owner of such Unit. The Association shall notify each mortgagee appearing in said book of the
name of each company insuring the Condominium Property under the master policy and the
amounts of the coverages thereunder.
10.3. Severability. Invalidation of any covenant, condition, restriction or other
provision of the Declaration or these Bylaws shall not affect the validity of the remaining
portions thereof which shall remain in full force and effect.
10.4. Successors Bound. The rights, privileges, duties and responsibilities set forth in
the Declaration or these Bylaws, as amended from time to time, shall run with the ownership of
the Property and shall be binding upon all persons who own or hereafter acquire any interest in
the Property.
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10.5. Gender, Singular, Plural. Whenever the context so permits, the use of the singular
or plural shall be interchangeable in meaning and the use of any gender shall be deemed to
include all genders.
10.6. Principal Office; Registered Office. The initial principal office and registered
office of the Association shall be located at 11121 Carmel Commons Boulevard, Suite 450,
Charlotte, North Carolina 28226.
10.7. Other Offices. 'Tie Association may have other offices at such other places within
North Carolina as the Board may from time to time determine or as the affairs of the Association
inay require.
10.8. Seal. The seal of the Association shall contain the name of the Association, the
word "Seal," the state of incorporation and such other words and figures as are desired by the
Board. When obtained, the seal shall be impressed in the margin of this Section of the Bylaws.
10.9. Fiscal Year. The fiscal year of the Association shall be the calendar year.
10.10. Distribution of Assets upon Dissolution. Upon dissolution of the corporation the
assets thereof shall, after all liabilities and obligations of the corporation have been paid, or
adequate provision made therefor, be dedicated to an appropriate public agency to be used for
purposes similar to those for which the corporation was created or, in the event that such
dedication is refused acceptance, distributed to any association or associations organized for
purposes similar to those set forth herein.
Approved this 25th day of April, 2006.
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22

FILE COPY
FILED FOR
REGISTRATION
DATE Jf31, &(
,STAMPS
DECLARATION OF
BELLE VISTA COND©MINIU
72o
TIME
PAGE
I'EC FEE
JUUITH A. GIESN
REGISTER OF DEEDS
MECKLENGURG COUNTY, NC
Filed for Record February 13, 2004
Recorded in Book f (i7f 0, Pages 17.5 through 3 Y4
In the Office of the Register of Deeds for
Mecklenburg County, North Carolina
Consisting of 31 Numbered Pages with
Attached Exhibits A, A-1, B, C, D, E and F
Prepared by and after recording mai
HORACK, TALLEY, PHARH & LOWNDES, P.A. +(HDP)
RD BOX NO. 194
2600 One Wachovia Center
301 South College Street
Charlotte, North Carolina 28202-6038
I ITPL : 212370,2

•
• TABLE OF CONTENTS
TO
DECLARATION OF BELLE VISTA CONDOMINIUM
Page
RECITALS .1
ARTICLE I DEFINITIONS' 2
ARTICLE II SUBMISSION BY DECLARANT OF THE PROPERTY TO THE ACT 6
2.1. SUBMISSION. 6
7.7. NAME OF CONDOMINIUM. 6
2.3. NAME OF ASSOCIATION. 6
/A. GENFRAL DESCRIPTION OF THE REAL ESTATE. 6
2.5. DIVISION OF PROPERTY INTO SEPARATELY OWNED UNITS. 6
/.6. ALTERATIONS OF UNITS. 6
2.7. DESCRIPTION OF UNITS, 6
2.8. USE. or COMMON ELEMENTS 7
2.9. LIMITED COMMON ELEMENTS. 7
2. I O. ALLOCATED INTERESTS. 7
2. I I. NATURE OF INTEREST IN UNITS. 7
2.12. SEPARATE TAX LISTINGS. . , 8
2.13. UNIT OWNER'S RIGHTS AND DUTIES. 8
2.14 TITLE EXCEImoNS - - ' 8
ARTICLE III RESERVATION OF SPECIAL- DECLARANT RIGHTS AND THE RIGHT TO ADD
ADDITIONAL PROPERTY 8
3.1. RESERVATION OF SPECIAL DECLARANT RIGHTS. 8
3.2. TRANSFER OF SPECIAL DECLARANT RIGHTS. 8
3.3. DECLARANT'S RIGHT TO ADD ADDITIONAL PROPERTY. 8
3.4. MAXIMUM NUMBER OF ADDITIONAL UNITS; UNITS RESTRICTED TO RESIDENTIAL USE. 8
3.5. COMPATIBILITY OF STYLE. 8
3.6. APPLICABILITY OF RESTRICTIONS. 9
3.7. OTHER IMPROVEMENTS AND COMMON ELEMENTS. 9
3.8. A PPL1CABIUTY OF ASSURANCES IF ADDITIONAL PROPERTY NOT ADDED. 9
3.9. ALLOCATION OF INTEREST. 9
ARTICLE IV GRANT AND RESERVATION OF EASEMENTS AND LICENSES 9
4.1. ENCROACHMENTS. 9
4.2. EASEMENTS THRODGI I WALLS. 9
4.3: EASEMENTS TO REPAIR, MAINTAIN, R FiSTORE AND REcoNsTiturr. 10
44. EASEMENTS EOR UTrisriEs. 10
4.5. DECLARANT' s EASEMENT. 10
4.6. CERTAIN Riot rrs OVER ADJOINING PROPERTIES. I I
1 ITN.: 212370.2

4.7. EASE.MENTS TO RUN WITH LAN.D. 11
ARTICLE V RESTRICTIONS, CONDITIONS AND COVENANTS 11
5..1. COMPLIANCE WITI I DECLARATION, BYLAWS AND RULES AND REGULATIONS. 11.
5.2. A DMINiSTRATION OE CONDOM INI UM. - 12
•
5.3. RESTRICTIONS ON USE, OCCUPANCY AND ALIENATION 12
5.4. LEASING OF UNITS. 14,
5.5. • USE BY DECLARANT. 16
5.6. 1 IAZA RDOUS USE AND WASTE. 16
5.7: PRoilimiloNs ON USE OF COMMON ELEMENTS 16
5.8. NUISAkliti. 17
5.9. PARKING. 17
5.10. LAWFUL USE 17
5.11. RULES AND REGULATIONS. 17
5.12. ENFORCEMENT. 17
5.13. LIENS 18
ARTICLE VI ASSESSMENTS POR COMMON EXPENSES 18
6.1. ASSESSMENT LIENS. 18
6.2. PERSONAL LIABILITY OF TRANSFEREES: STATEMENT: LIABILITY OF FIRST MORTGAGEE. 18
6.3. PROHIBITION OF EXEMPTION FROM LIABILITY FOR CONTRIIIUTION TOWARD COMMON EXPENSES. 19
6.4 DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS. 19
6.5. WORKING CAPITAL. 19
6.6. LIMITATIONS ON USE OF ASSESSMENTS. 19
ARTICLE yik MANAGEMENT, MAINTENANCE, REPAIRS,REPLACEMENTS, ALTERATIONS
AND IMPROVEMENTS TO THE CONDOMINIUM 19
•
7.1. COMMON ELEMENTS. 19
7.2. COMMON EXPENSES ASSOCIATED WITH LIMITED COMMON- ELEMENTS OR BENEFITING LESS THAN ALL
UNITS. 20
7.3. UNITS 20.
7.4. 7.4. WAIVER OF CLAIMS. 20
7.5. Ricifr OF ENTRY. 20
7.6. ARCHITECTURAL CONTROL. 21
7.7. SAFETY OF UNIT OWNERS. 21
ARTICLE VIII INSURANCE 22
8.1. GENERAL. 22
8.2. RESPONSIBILITY FOR OBTAINING COVERAGE. 22
8.3. TYPES OF COVERAGE. 22
8.4. PREMIUMS TO BE COMMON EXPENSE. 23
8.5. POLICY PROVISIONS. 23
8.6. INSURANCE TRUSTEE 23
8.7. INSURANCE UNAVAILABLE. 24
8.8. INDIVIDUAL POLICY FOR UNIT OWNERS. 24
ARTICLE IX CASUALTY DAMAGE 24
9.!. DUTY TO REPAIR. 24
• 9.2. DISPOSITION OF INSURANCE PROCEEDS IN TI1E EVENT.CASUALTY DAMAGE NOT. REPAIRED. 24
ARTICLE X TERMINATION OF THE CONDOMINIUM; CONDEMNATION; AMENDMENT OF
THE DECLARATION 25
IITPL: 212370.2
i i

. Fo,i. TERMINATION. 25
10.2..CONDEMNAT1ON. 25
• 10.3. AMENDMENT.
ARTICLE XI MORTGAGEE PROTECTION 25
I I: 1. INTRODUCTION: 25
142. NOTICE OF ACTIONS •25
11.3. CONSENT REQUIRED. • 28
11.4. NoTIct, • 28
.5. INSPECTION OF BOOKS. 29
11.6. ENFORCEMENT. 29
ARTICLE XII PROVISIONS RELATING TO THE ASSOCIATION ".
12.1. CREATION OF ASSOCIATION. 29
12.2. BYLAWS. 29
12.3. ALL UNITS BOUND. 29
12.4. DtrriEs AND POWERS. 29
12.5. SUPERIORITY OF BALLANTYNE JOINT COMMITTEE, INC. 29
12,6. DECLARANT CONTROL PERIOD. 30 •
ARTICLE XIII GENERAL PROVISIONS 30
13.1. CONFLICT WITH THE ACT 30
13.2. iNTERPREICATION OF DECLARATION. 30 • •
13.3. CAPTIONS. 30
13.4. EXHIBITS. 30.
13.5. INVALIDITY. 30
13.6. WAIVER_ 31 •
133. LAW CONTROLLING. 31
716961/3
I1TPL: 212370.2

•
DECLARATION OF
•
BELLE VISTA CONDOMINIUM
. • THIS -DECLARATION, made this .I Lt' day of 'February, 2004, by PULTE HOME
CORPORATION, a•Michigan corporation (hereinafter referred to as the "Declarant"), for itself, its
. successors and assigns, pursuant to the provisions of Chapter 47C of the North Carolina General
Statutes, entitled.the North Carolina Condominium Act ("Act").
.RECITALS
Declarant is the owner in fee simple of certain real property situated in the County of
Mecklenburg. and State ofNorth Carolina, more particularly described on Exhibit A attached hereto
and made a part hereof, together with -all buildings and improvements now or hereafter constructed
or located thereon, and all rights, privileges, easements and appurtenances belonging to or in.any
way pertaining to said real property; and
Declarant desires and intends, by the filing of this Declaration, to submit the above described
property, the buildings located thereon and all other improvements constructed thereon, together
with all appurtenances thereto, to the provisions of the North Carolina Condominium Act;
*Declarant does hereby submit the property described in Exhibit A -to the provisions of the
Act, and does hereby publish and declare that all of the subsequently defined Property is held and
shall be held, conveyed, hypothecated, encumbered, used, occupied and improved, subject to the.
following 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.beneftt to the Declarant, its successors and assigns, and.any parties acquiring and owning
an interest in the 'real property and improvements, their grantees, successors. heirs, executors,
administrators, devisees and assigns.
The Property is part of a larger planned unit development known as "Ballantyne" and is
subject to the "Community Declaration" (as that term is herein defined). The Unit Owners (as that
term is herein defined) shall have certain easement rights to use certain common elements in
`Ballantyne Commons" and, therefore, shall also share certain expense obligations with regard to
the maintenance of these common elements as set out in the "Easement Agreement" (as that term
is herein defined). For these reasons, Declarant intends for the Condominium to be subject not only
to the terms and conditions of this Declaration, but also to the terms and conditions of the
Community Declaration and Easement Agreement.
!all,: 212370.2
1

ARTICLE I
DEFINITIONS
In addition to the.ternzs defined above; certain terms, as used in this Declaration and the
exhibits attached .hereto and made a part hereof, shall be defined as follows, unless the context
clearly indicates a different meaning therefor:
1.1. "Act" or "Condominium Act" shall mean the North Carolina Condominium Act,
Chapter 47C oldie North Carolina General Statutes, as in effect as of the date of the filing of this
Declaration.
1.2. "Additional Property" shall mean the property described in Exhibit A-1, together
with all buildings and improvements now or hereafter constructed or located thereon, and all rights,
privileges, easements, and appurtenances belonging to or in any way pertaining to said property.
1.3. "Allocated Interests" shall mean the undivided interests in the Common Elements,
common expense liability, and the votes in the Association allocated to each Unit.
1.4. "Articles of Incorporation" shall mean the Articles of Incorporation of the
Association attached as Exhibit F.'
•
1.S. "Association" shall mean Belle Vista Condominium Owners Association_ Inc., a
nonprofit corporation organized under Section 47C-3-1 01 of the Act.
1.6. "As'sessment" shall mean a share ofthefunds required for the payment of Common '
Expenses which from time to time is assessed against the Unit Owners, and such additional sums
which may be assessed directly against one or more Unit Owners alone.
1.7. "Ballantyne Commons" shall mean the totality of the real property that comprises
the "Common Elements" within the meaning of the Townhome Declaration. (The "Ballantyne
Commons" are separate and distinct from the Common Elements, as that term is defined in this
Declaration.)
1.8. "Board" shall mean the Executive Board of the Association.
1.9. "Building(s)" shall mean the structure(s) erected upon the Property.
1.10. "Bylaws" shall mean the Bylaws of the Association attached as Exhibit E.
1.11. "Common Elements" shall mean all portions of the Condominium except the Units.
All "Limited Common Elements" shall be part of the Common Elements.
Ifl'PL: 212370,2
2

1%12. "Common Expense(s)" shall mean expenditures made or liabilities incurred by or
on behalf of the Association, together with any allocations to reserves. The obligations of the
Condominium under the Community Declaration and under the Easement Agreement are Common
Expenses.
1.13. "Common Expense Liability" shall mean the liability for common expenses
"allocated to each Unit pursuant to Section 47C-2-107 of the Act.
1.14. "Condominium" shall mean the condominium created by this Declaration.
1.15. "Condominium Documents" shall mean this Declaration and all of the exhibits
hereto and the Articles of Incorporation for the Association, as the same shall -from time to time be.
amended. -
1.16. "Community Declaration" shall mean• that- certain Declaration of Covenants,
Conditions and Restrictions for Ballantyne, dated November 1, 1993, recorded in Deed Book 07524,
Page 1, in the Mecklenburg County Public Registry.
1.17. "Declarant" shall mean Pulte Home Corporation; a Michigan corporation, and (i)
any other person who has executed this Declaration, or who hereafter executes an amendment to this
Declaration to .add Additional Property, except institutional lenders and except persons whose
interests in the Property will not be conveyed to Unit Owners, and (ii) any person who succeeds. to
any Special Declarant Rights.
1.18. "Declarant Control Period" shall mean the period dtiring which Declarant, or
persons designated by it, may appoint and remove the officers and directors of the Board. The
period of Declarant control shall commence with the filing date ofthis Declaration and continue until
the earlier of the following five dates: (i) the date two years after Declarant has ceased to offer Units
for sale in the ordinary course of business, (ii) the date upon which Declarant voluntarily, in writing,
surrenders control of the Condominium, (iii) the date 120 days after the Declarant has conveyed 75%
of the Units (including units which may be created pursuant to Special Declarant Rights) to Unit
Owners other than a Declarant, or (iv) the date two years after any development right to add new
Units was last exercised by Declarant.
1.19. "Declaration" shall mean this document and any amendments to this document.
• 1.20. •"Easement Agreement" shall mean that certain Deed of Conveyance and Declaration
of Easements dated October 8, 2003, by and between Pulte Home Corporation and Ballantyne
Commons Townhomes Association. Inc., recorded in Deed Book 16271, Page. 877, in the
Mecklenburg County Public Registry.
Ifrt'L: 212370.2
3

•
1.21 "Eligible Mortgage Holder" shall mean each First Mortgagee who has requeste.dthe
Association to notify it of any proposed action that requires the consent ofa specified perdentage of
Eligible Mortgage Holders pursuant to Section 1 1.4 hereof.
1.22. "First Mortgage" shall mean a mortgage or deed of trust which has been recorded .
so as to give constructive notice thereof, and which is a first lien on the Units or Units described
therein.
1.23. "First Mortgagee" shall mean a holder, from time to time, of a First Mortgage as
shown by- the records of the Office of the Register of Deeds for Mecklenburg County, North
Carolina, in which the First Mortgage is recorded, and including a purchaser at foreclosure sale upon
foreclosure ofa First Mortgage until expiration of the mortgagor's period of redemption. If there
shall be more than one holder ofa First Mortgage, they shall be considered as, and act as, one First
Mortgagee for all purposes under this Declaration and the Bylaws.
1.24. "HUD/VA" shall refer to the U.S. Department of Housing and Urban Development,
and/or the Veterans Administration, and any governmental authority which succeeds said
organizations.
1.25. "Identifying Number" shall .mean the address which identifies each Unit in the
Condominium.
I.26. "Joint Committee" shall mean Ballantyne Joint Committee, [nc., a North Carolina
non-profit corporation.
1.27. "Lessee" shall mean the party entitled to present possession ofa•leased Unit whetheir
lessee, sublessee, or assignee, together With their employees, agents, and invitees. •
1.28. "Limited Common Elements" shall mean those portions of the Common Elements
allocated by this Declaration or any amendments hereto, the PIans or by operation of Section 47C-2-
102(2) or (4) of the Act for the exclusive use of one or more, but fewer than all, of the Units. That
portion of the:Property upon which heating and air conditioning equipment serving a Unit is located
shall constitute a Limited Common Element allocated specifically to the Unit served by such
equipment. Additionally, the hallways, stairs and elevators in each Building shall be considered
Limited Common Elements for the exclusive use of the Units in the Building.
1.29. "Occupant" shall mean any person or persons in possession ofa Unit, including Unit
Owners, Lessees, employees, agents, and invitees of such_person or persons.
1.30. "Person" shall mean a natural person, corporation, business trust, estate, trust,
. •partnership, association, joint venture, limited liability company,
subdivision or agency or other legal or commercial entity, p y' government, governmental
ITPL: 212370.2
4

1.31. "Plans" shall mean the plans of the Condominium recorded with, and by the Act
made a part of, this Declaration, as the same may hereafter be amended, and described on Exhibit
C.
I.32.. "Plat" shall mean the survey plat depicting the Condominium and the location of the
Buildings on the•Property recorded with, and by the Act made a part of, this Declaration, as the same
may later be amended, and described onfExhibit C. •
1.33. "Property" shall mean the real property described on Exhibit A, together with the
buildings and improvements now or hereafter constructed or. located. thereon, and all rights,
privileges, easements and appurtenances belonging to or in any way pertaining thereto, and all
articles of personal property intended for common use.in.connection therewith. The term "Property"
• shall also mean and include all portions of the Additional Property as may be added to the
• Condominium pursuant to Paragraph 3.3 of this Declaration.
1.34. "Residence" shall mean Unit.
1.35. "-Residential Purposes" means use for dwelling purposes.
1.36. `.`Rules and Regulations" shall mean the rules and regulations of the Condominium
as -promulgated by the Board from time to time.
1.37. "Special Declarant Rights" shall mean rights reserved • for. the benefit of the
Declarant herein pursuant to the.provisions-of Section 47C-2-105(a)(8) of the Act and defined in
Section 47C-1-103(23) of the Act, including but not limited to the following: to complete the
improvements indicated on'the Plans; to exercise any development -right, including.the right'to add
additional property or withdraw portions of property from the Condominium, as defined in Section
47C-2-110 of the Act; to maintain, pursuant to Section 47C-2-115 of the Act, sales offices,
management's offices, signs advertising the Condominium, and models; to use, pursuant to Section
47C-2-116 of the Act, easements through the Common Elements for the purpose of making
improvements within the Condominium; to make, pursuant to Section 47C-2-121 of the Act, the
Condominium a part of a larger condominium; or to appoint or remove pursuant to Section 47C-3-
103(d) of the Act, any officer or director of the Association or any Board Member during any period
of Declarant control.
1.38. "Townhome Association" shall mean the Ballantyne Commons Townhomes
Association, Inc., a North Carolina non-profit membership corporation.
1.39. "Townhome Declaration"shall mean that certain Declaration of Covenant's and
Restrictions for Ballantyne Commons Townhomes made by Pulte Home Corporation, dated April
30, 2001, recorded in Deed Book 13178, Page 861, Mecklenburg County Public Registry.
I I'f Pl.: 212370.2
5

1.40. "Unit" shall mean a portion of the Condominium designated for separate ownership
or occupancy, whether or not contained solely or partially within a Building, together with its
percentage of undivided interest in the Common Elements as set forth on Exhibit D. Each Unit is
designated and delineated'on the Plans.
. 1.41. "Unit Owner" shall mean the Person or Persons, including the Declarant, owning
a Unit in fee simple. A Person having an interest in a Unit solely as security for an obligation shall
not be considered a Unit Owner.
ARTICLE II
SUBMISSION BY.DECLARANT OF THE -PROPERTY TO THE ACT
2.1. Submission. Declarant hereby submits the Property to the Act.
2.2. Name of Condominium. The Property shall hereafter be known as Belle Vista
Condominium-
2.3. Name of Association. The name of the association of Unit Owners shall be known
as "Belle Vista Condominium Owners Association, Inc." -
2.4. General•Description of the Real Estate. The real estate included in the Condominium
is described andidentified" on Exhibit A, attached hereto and made a part hereof. '
2.5. Division of Property into Separately Owned Units. Declarant, pursuant to the Act, _
and to establish a plan of condominium ownership for the Condominium, does hereby divide the
Property into Units and -does hereby designate all such Units for separate ownership, 'subject '
however, to the provisions of Section 2.6 relating to alteration of Units. •
•
2.6. Alterations of Units. Subject to the provisions of the Bylaws, a Unit may be altered
pursuant to the provisions of Sections 47C-2-1 I 1, 47C-2-112, and 47C-2-113 of the Act.
2.7. Description of Units. The Plat showing the location of the Buildings on the Property
and the Plans describing the particular details of the Buildings, are attached hereto and made a part
hereof as Exhibit C, which Plat and Plans depict all the relevant particulars of the Condominium,
including the layout, the number of Units, the location of each Unit and its Identifying Number,
dimensions, ceiling and floor elevations and the locations of the Limited and general Common
Elements appurtenant to and affording access to each Unit.
(a) The Identifying Number of each Condominium Unit and other data
concerning its proper identification are set forth in Exhibit D, attached hereto and made a part
hereof.
(b) Each Unit shall constitute a single freehold estate and shall consist of all of'
the space within the living quarters bounded by the undecorated and/or unfinished interior surfaces
I ITPL: 212370.2
6

of its perimeter walk, 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-
subflooring. Each Unit includes those portions of the Building within such boundaries, and the
space so encompassed, including without limitation, the decorated surfaces, including paint, lacquer,
varnish. wallpaper, paneling, tile, carpeting and any other furnishing or decorative materials applied
to interior walls, doors, floors and ceilings, and interior surfaces of permanent- walls, windows,
doors; Boors and ceilings, except that no pail or the Common -Elements shall be considered part of
a Unit. Each Unit shall. -include those portions of the heating and air conditioning system for the Unit
which are located within the perimeter wails of the Unit and which exclusively serve the Unit,
wherever situated. •
2.8. Use of Common Elements. Each Unit Owner shall have the right to use the Common
Elements, with the exception of the limitations set forth in Section 2.9, in accordance with the
purposes for which they are intended, and for all purposes incident to the use and occupancy ofthe
Unit Owner's Unit, including unrestricted ingress and egress to and from the Unit Owner's Unit, and
such right shall be appurtenant to and 'run with the Unit; provided, however, that no person shall use
the Common Elements or any part thereof iri such a manner as to interfere with or restrict or impede
their use by others entitled to there .use, or in any manner contrary to or not in accordance with this
Declaration,.theCommunity.Declaration,.Bylaws, and the Rules and Regulations. .
2.9_ Limited Common Elements. The Limited Common Elements, as defined above in
Article I, and in Sections 47C-2-102(2) and 47C-2-102(4) ofthe Act, serving or designed to serve
a particular Unit are hereby allocated solely and exclusively to each such Unit. -
2.10. Allocated Interests. The allocations to each Unit of a percentage of undivided interest
in the Common Elements and of a percentage of Common Expenses are as stated on Exhibit D. The
allocation of the undivided interests in the Common Elements and of the Common Expenses has
been determined by a formula that takes into consideration the number of bedrooms (or rooms that
could be used as bedrooms) that are contained in each Unit in relation to all other Units 4s well as
the relative sizes of the Units based on square footage. The votes are equally allocated to all Units
with each Unit Owner having one (1) vote for each Unit owned.
2.11. Nature of Interest in Units. Every Condominium Unit, together with its undivided
Allocated Interest in the Common Elements, shall for all purposes be, and it is hereby declared to
be and to constitute, a separate parcel of real property, and the Unit Owner shall be entitled to the
exclusive ownership in fee simple and possession of the Unit Owner's Unit, subject only to the
covenants, restrictions, easements, Bylaws, resolutions and decisions adopted pursuant hereto, and
ag May. he contained herein and in the accompanying Rules and Regulations. The percentage •of•
undivided interest in the Common Elements of each Unit shall not be separated from the Unit to
which it appertains, and shall be deemed to be transferred with the Unit, even if such interest is not
expressly mentioned or described in the conveyance, encumbrance, release or other instrument
tfTPL: 212370.2
7

transferring such Unit. Any conveyance, encumbrance, judicial sale, or other transfer (voluntary or
involuntary) of an Unit Owner's percentage interest in the Common Elements shall be void unless
the.Unit to which that interest is allocated is also transferred.
2.12. Separate Tax Listings. Every Unit, together with its undivided 'interest in the
Common Elements, shall' be separately assessed and taxed by each assessing unit for all types of
taxes authorized by law. Each Unit Owner shall be liable solely for the amount of taxes against his
individual Unit.
2.13. Unit Owner's Rights and Duties. Each Unit Owner shall be subject to all the rights
and duties assigned to Unit Owners under the terms of this Declaration and the Bylaws. When there
are unsold units in the Condominium, the Declarant also enjoys the same rights and assumes the
same duties as they relate to each individual unsold Unit.
2.14 Title Exceptions. The liens, defects and encumbrances affecting the Property to
which the rights of Unit Owners and Occupants are hereby made subject are set out on Exhibit B
hereto.
ARTICLE III
RESERVATION OF SPECIAL DECLARANT RIGHTS
AND THE RIGHT TO ADD ADD1lTIONAL PROPERTY
3.1. Reservation of Special Declarant Rights. Declarant hereby reserves all Special
Declarant Rights. Each of such rights may be exercised by Declarant within the fifteen year period
immediately following the date of the recording of this Declaration, unless -a shorter period of time
is required by the Act.
3.2. Transfer of Special Declarant Rights. All Special Declarant Rights provided in the
Condominium Documents are transferable pursuant to Section 47C-3-104 of the Act.
3.3. Declarant's Right to Add Additional Property. Declarant expressly reserves the right
to add the Additional Property to the Condominium. All or part of the Additional Property identified
and described on Exhibit A -I may be added to the Condominium at different times, and no
assurances are made in regard to the order in which such portions may be added. Declarant shall
have no duty or obligation of any kind to add any or all of the Additional Property. The method of
adding the Additional Property to the Condominium shall be pursuant to Section 47C-2-110 of the
Act.
3.4. Maximum Number of Additional Units; Units Restricted to Residential Use. The
maximum number of additional Units that may be created within the Additional Property is two
hundred eighty (280) Units. All of such Units will be restricted exclusively to residential use.
3.5. Compatibility of Style. It is Declarant's present intent that any Buildings and Units
that may be erected upon the Additional Property or a portion thereof will be compatible with the
l flP E,: 2123 70.2
8

other Buildings in the Condominium in terms of architectural style, quality ofconstruction, and size.
IUlowever, Declarant expressly reserves the right to change the•architectuial style and size of any
Buildings and Units that may. be erected upon the Additional Property.
3.6. Applicability of Restrictions. All restrictions in this Declaration and the Bylaws
affecting use, occupancy and alienation of Units will apply to -any and all additional Units that may
be created within the Additional Property:
3.7. Other Improvements and Common Elements. In addition to the Buildings and Units
that may be erected upon the Additional Property or a.portion thereof, the other improvements and
Common Elements that may be made or created upon or within the Additional Property or any
.portion thereof which may be added to the Condominium will be generally similar in quality and
quantity to the improvements and Common Elements located in the Condominium.
. 3.8: Applicability of Assurances if Additional Property Not Added. The assurances made
in this Article III will not apply with respect to any Additional Property that is not added to the
Condominium. In the event that Declarant shall not expand the Condominium. by the use of any
portion of the Additional Property, Declarant shall_have the right to develop all or any portion of the.
Additional Property without restriction.
3.9.Allocation ofInterest. If Declarant adds the Additional Property, or portions thereof,
to the Condominium, the percentage interest of each Unit Owner in the Common -Elements and the
Conunon Expenses will be determined in accordance with the formula identified in Paragraph 2.10
hereof. •
ARTICLE IV
GRANT AND RESERVATION OF EASEMENTS AND LICENSES
4.1. Encroachments. To the extent that any Unit or Common Element encroaches on any
other Unit or Common Element, whether as the result of construction, reconstruction, repair,
shifting, settlement, or other movement of any portion of the improvements, or otherwise, a valid
easement for the encroachment exists, which easement shall continue for so long as each such
encroachment exists. The easement does not relieve a Unit Owner of liability in case of the Unit
Owner's willful misconduct.
4.2. Easements Through Walls. Easements are hereby declared and granted to the
Association and to such persons as 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 Iie in whole
or in part within the boundaries of any Unit.
IITPL: 212370.2
9

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 inspect, 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. Damage occasioned by the exercise of such grant shall be promptly repaired
at the expense of the party causing such damage. -
4.4. Easements for Utilities. The Units and Common Elements shall be, and are hereby
made, subject to easements in favor of the Declarant (until Declarant shalt have satisfied all of its
obligations•under the Declaration and Bylaws and all commitments in favor of any Unit Owner and
the Association), the Association, appropriate utility and service companies and governmental
agencies or authorities for such utility and service lines and equipment as may be necessary or
desirable to serve any portion of the Property. The easements so provided for shall include, without
limitation, rights of Declarant, the Association, any providing utility, any service company, and any
governmental agency or authority and any of them to install, Jay, maintain, repair, relocate and
replace gas lines, pipes and conduits, water mains and.pipes, sewer and drain lines, telephone wires
arid equipment, television equipment and facilities (cable or otherwise), electrical wires, conduits
and equipment and ducts and vents and any other appropriate equipment and facilities over, under,
through, along and on the Units and Common Elements. Notwithstanding the foregoing -pro -visions,
unless -approved in writing by the Unit Owner or Unit Owners affected thereby, any such easement
through a Unit shall be located either in substantially the same.location as such facilities or similar
facilities existed at the time of first conveyance of the Unit by the Declarant to a grantee other than
the Declarant or so as not to materially interfere .with, the .use or occupancy of the Unit: by its
Occupants. The Association shall have the authority to grant permits, licenses and easement over the
'Common Elements for the purposes recited'above, -
4.5. Declarant' s Easement.
(a) Declarant hereby reserves such easements through the Common Elements as
may be reasonably necessary for the purposes of discharging its obligations, exercising Special
Declarant Rights, and completing the development and construction of the Condominium, which
easements shall exist as long as reasonably necessary for such purpose. In addition to the easement
in the foregoing sentence and the easements reserved elsewhere in this Article IV, Declarant hereby
reserves an easement for vehicular and pedestrian ingress, egress, and regress, and for utility
purposes, for the benefit of land adjoining the Condominium. The use of these easement rights shall
be limited to the development of such adjoining tracts, the construction of improvements thereon,
and the sale of such property as improved. Such rights shall expire after the accomplishment of such
purposes.
(b) Declarant, and its successors and assigns owning the Additional Property, or
any portion thereof, shall have and does hereby reserve a perpetual nonexclusive right and easement
of use of those portions of the Common Elements of the Condominium used as streets or driveways
and of use of any and all water lines, sewer lines, storm water detention ponds, drainage easements,
IfI'M: 212370.2
10

storm drains, electric, telephone, or cable television wires or conduits, gas lines, or similar utilities
facilities that are a.part of the Common Elements, t'o-the extent reasonably necessary for Declarant,
or such other Unit Owner of Additional Property, or a portion thereof, to have ingress and egress to
•
and from the Additional Property over the Common Elements, and to provide, if necessary, drainage
facilities and utility services including sewer lines and the use of any storm water detention ponds:
drainage easements,. storm drains and other drainage facilities to the Additional Property. These
easements and rights may not be changed without the prior written consent of all parties entitled to
the exercise of such easements and rights.
4.6. Certain Rights Over Adjoining Properties_
(a) As more fully provided for in the Easement Agreement, every Unit Owner
has the right to travel upon the streets within Ballantyne Commons that provide access to and from
the Condominium (identified in the Easement Agreement as the "Access Roads") and to use certain
recreational facilities and park areas that are located within Ballantyne Commons (identified in the
Easement Agreement as the "Recreational •Property"). The exercise of such right by every Unit
Owheris subject to certain restrictions and limitations that are described in the Easement Agreement,
including, without limitation, the right of the Townhome Association to promulgate and enforce
. traffic rules in regard to the said Access Roads and "Rules and Regulations" (as that term is defined
in ,the Easement Agreement) in regard.to the use of the said Recreational Property.
(b) As more fully provided for in the Community Declaration, every Unit Owner
has a right to use and enjoy the "Community Properties" within the meaning of the Community
Declaration, 'such right to be subject to- such limitations as are set forth in the Community
Declaration.
4.7. Easements to Run With Land. All easements and rights described in this Article IV
are appurtenant easements running with the 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, First Mortgagees and any other person
having any interest in the Condominium or any part thereof. The Condominium and every part
thereof shall' be conveyed and encumbered subject to and together with all easements 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 Declaration, Bylaws and Rules and Regulations. Each Unit Owner
and Occupant shall comply with all applicable provisions of the Act, the Community Declaration,
this Declaration, the Bylaws, the Articles of Incorporation of the Association, and the Rules and
Regulations, as amended. Failure to comply shall be grounds for an action by the Association, an
liTPL: 212370.2

aggrieved Unit Owner, orany person adversely affected, for recovery•ofdamages, injunction or other
relief. The acceptance of a deed of conveyance or the entering into of a lease or the entering into
occupancy of any Unit shall constitute an,agreenient that the provisions of this Declaration, the
Bylaws and the Rules and Regulations are accepted and ratified by such Unit Owner or Occupant.
5.2. Administration of Condominium. The Condominium shall be administered in
accordance with the provisions of the Act, this Declaration and the Bylaws.
5.3 Restrictions on Use, Occupancy and Alienation_ The Units, Common Elements and
Limited Common Elements shall be occupied and used as follows: •
(a) Except as may be otherwise expressly provided in this Declaration, each Unit shall
be used for Residential Purposes only. The foregoing shall not be deemed to prohibit any Unit
Owner from using a portion of a Unit occupied by him as an office, provided that such use does not
create regular customer or client traffic to and from such Unit and no sign, logo, symbol or
nameplate identifying such business is displayed from such Unit or anywhere else on the Property.
In addition, leasing or renting of a Unit for residential purposes shall not be deemed to be prohibited
hereby, so long as the lease is incompliance with the provisions of this Declaration (including the
provisions of Paragraph 5.4 hereof), the Bylaws and reasonable Rules and Regulations adopted by
the Board.
(b) There shall be no obstruction of the Common Elements, -and the Association shall
have the -right to limit the number of guests of Unit Owners who may use any of the Common
Elements.
(c) Nothing shalt be done or kept in any Unit or in the Common Elements which will
increase the rate of insurance on the Common Elements without the prior written consent of the
Board. No Unit Owner shall permit anything to be done or kept in his Unit or in the Common.
Elements which would result in the cancellation of insurance on any Unit or any part of the Common
Elements, or which would be in violation of any law or for any immoral or improper purpose. No
waste will be committed to the Common Elements.
Without limiting the generality of the foregoing, in the event that the Board shall
determine that the same is in the best interest of the safety of the Condominium, the Board shall
specify certain models and/or types of appliances (including, without limitation, clothes dryers) as
being the only types or models of such appliances that may be installed or used in the Units (or in
certain Units). In the event that the Board shall at any time so require that only a certain type or
model of appliance be used in any Unit (or in certain Units), no Unit Owner shall install or use in
any Unit any such appliance, other than the type or model which has been so specified by the Board.
(d) (i) Except as specifically permitted by the provisions of paragraph (ii) hereof, no
sign of any kind or character whatsoever may be erected or displayed at any location on the Property,
including, without limitation, the placement of any sign within a Unit in a location from which the
I TPL: 212370.2
!2

same shall be visible from the outside of the Unit.and the placement of any sign in or upon .any
vehicle on the Property.
(ii) Notwithstanding the foregoing provisions of this paragraph (d), every Unit
Owner shalfhave the right to display in•one window of his Unit one sign advertising the particular
Unit for sale. No such sign, however, shall be larger than 2 feet by 3 feet in size. No such sign shall
contain any intorthation other than the fact that Unit in which such sign is disfilayed is available for
sale, the identity of any realtor with which such Unit has been listed for sale, and the name and
telephone number from which information regarding the Unit may be obtained. In no event shall
..any sign erected anywhere on the Property (including within the window of any Unit) advertise any
Unit as being available for lease.
(e) No noxious or offensive activity shall be carried on in any Unit, or in the Common
Elements, nor, shall anything be done therein which will be an annoyance or nuisance to other Unit
Owners or Occupants.
(0 No Unit Owner or•Occupant may keep more than a total of two (in any combination) -
dogs, cats; or birds: Unit Owners and. Occupants may in their Units keep a number of smaller,
generally recognized -household pets, such as fish or hamsters, subject to such rules -and regulations
as may be adopted by the Board. No Unit Owner or Occupant may keep, breed, or maintain any pet
for any commercial purpose. Pets may not be left unattended.outdoors or kept unattended outdoors,
including on any balcony, terrace or garden area. Dogs must be kept on a leash and be under the
physical control of a responsible person at all times while outside a Unit. Feces left upon the
-Common Elements by pets must be removed immediately by the Unit Owner of the pet or theperson
responsible for the pet.
No potbellied pigs, snakes, pit bulldogs or other dogs determined in the Board's sole
discretion to be dangerous dogs may be brought onto or kept on the Condominium at any time. Any
pet which endangers the health of any Unit Owner or Obcupant of any Unit or which creates a
nuisance or unreasonable disturbance, as may be determined in the sole discretion of the Board, must
be permanently removed from the Condominium upon seven (7) days' written notice by the Board.
If the Unit Owner or Occupant fails to comply with such notice, the Board may remove the pet. Any
pet which, in the sole discretion of the Board, presents an immediate danger to the health, safety or
property of any Occupant may be removed by the Board without prior notice to the pet's Unit Owner.
Any Unit Owner or Occupant who keeps or maintains any pet upon the Condominium shall
be deemed to have indemnified and agreed to hold the Association, its directors, officers, and agents
free and harmless from any Toss, claim or liability of any kind or character whatever arising by
reason of keeping or maintaining such pet within the Condominium.
(g) Nothing shall be altered or constructed in or removed from the Common Elements,
including the Limited Common Elements, except upon the written consent of the Board. Without
WW1,: 212370.2
13

limiting the generality of the foregoing, and subject only.to such federal, state, and local laws and
ordinances as may lawfully impose limitations on this provision, no television, radio, or other
telecommunications antenna, dish, or similar device may be installed except in accordance with the
Rules and Regulations, and in such fashion as to be the least visually intrusive to the other Residence
and to neighboring properties_ . • •
(h) The Board is authorized to adopt. the Rules and Regulations for the use of the
•Condominium. said rules to be furnished in writing to the Unit Owners.and to be enforced pursuant
to the provisions of the Bylaws.
5.4. Leasing of -Units. The Board shall have the power to make and enforce reasonable
rules -and regulations and to fine, in accordance with the -Declaration and Bylaws, in order to enforce -
. the provisions of this Paragraph.
(a) Definition. "Leasing," for purposes of this Declaration, is defined as regular,
exclusive occupancy of a.Unit by a person or persons other than the Unit Owner thereof for which
the Unit Owner receives any consideration or benefit, including, but not limited to. a fee. service.
gratuity, or emolument.
provisions:
(b) Leasing Provisions. Leasing of Units shall be governed by the following
(i) General._ All leases shall be in writing and in a form approved .by the Board
prior to the effective date of the lease. The Board shall rnaintain'in its files and, upon request,
shall provide to any Unit Owner a form which is deemed acceptable. There shall be no
subleasing of Units or•assignment of leases unless prior written approval is obtained from
the Board. All leases must be for an initial term of not less than twelve (12) months. Within
seven (7) days after executing a lease agreement for the lease of a Unit, the Unit Owner shall
provide the Board with a copy of the lease and the name of the lessee and all other people
occupying the Unit. The Unit Owner must make available to the lessee copies of the
Declaration, Bylaws, and the rules and regulations.
(ii) Compliance With Declaration, Bylaws, and Rules and Regulations, and
Liability for Assessments. Each Unit Owner and each lessee, by occupancy of a Unit,
covenants and agrees that any lease for a Unit shall contain the following language and
agrees that if such language is not expressly contained therein, then such language shall be
incorporated into the lease by existence of this covenant on the Unit:
I IT11.: 2123 70.2
(A) Compliance With Declaration, Bylaws, and Rules and Regulations.
The lessee shall comply with all provisions of the Declaration, Bylaws, and rules and
regulations adopted pursuant thereto and shall control the conduct of all other
Occupants and guests of the leased Unit in order to ensure compliance with the
foregoing_ The Unit Owner shall cause all Occupants of his or her Unit to comply
with the Declaration, Bylaws, and the rules and regulations adopted pursuant thereto,
14

and shall be responsible for all violations'by such Occupants, notwithstanding the
fact that such Occupants of the Unit are fully liable and may be sanctioned for any ••
violation of the Declaration, Bylaws, and rules and.regulations adopted pursuant
thereto. Unpaid fines shall constitute a lien against the Unit.'
Any violation of the. Declaration, Bylaws, or. rules and regulations adopted
pursuant thereto by the lessee, any Occupant, or an guest -of lessee, is deemed to be
a default under the terms of the lease and authorizes the Unit Owner to terminate the
lease without liability and to evict the lessee in accordance with -North Carolina law.
The Unit Owner hereby delegates and assigns to the Association, acting through the
Board, the power and authority of enforcement against the lessee for breaches
resulting from the 'violation of the Declaration, Bylaws, and the rules and regulations
adopted pursuant thereto, including the power and authority to evict the Iessee. as
attorney -in -fact on behalf and for the benefit of the Unit Owner, in accordance with
the terms hereof. In the event the Association proceeds to evict the lessee, any costs,
including attorney's fees and court costs, associated with the eviction shall be an
assessment and lien against the Unit.
(B) -Liability for Assessments. When a Unit Owner who is leasing his Unit
fails to pay any annual or special assessment or any other charge for a period of more
than thirty (30) days after it- is due and payable, then the delinquent Unit Owner
hereby consents to the assignment of any rent received from the Iessee during the
period of delinquency, and, uponrequest • by the •Board, lessee shall pay to the
Association all unpaid annual and special assessments and other charges payable
during and prior to the term of the lease and any other period of occupancy by lessee.
However, lessee need not make such payments to the Association in excess of, or
prior to the due dates for, monthly rental payments unpaid at the time of the Board's
request. All such payments made by lessee shall reduce, by the same amount, lessee's
obligation to make monthly rental payments to lessor. If lessee fails to comply with
the Board's request to pay assessments or other charges, lessee shall pay to the
Association all amounts authorized under Article VI herein as if lessee were an Unit
Owner. The above provision shall not be construed to release the Unit Owner from
any obligation, including the obligation for assessments, for which he would
otherwise be responsible.
(c) Inapplicability to Declarant and Holders of First Mortgages. This Paragraph 5.4
shall not apply to any leasing transaction entered into by Declarant or by the holder of any First
Mortgage on a Unit who becomes the Unit Owner of a Unit through foreclosure or any other
means pursuant to the satisfaction of the indebtedness secured by such First Mortgage.
HMI,: 212370.2
I5

5.5. • Use by Declarant.
(a) The provisions of this Article or any other provision of this Declaration or the
Bylaws notwithstanding, Declarant shall have an easement to maintain sales offices and models for
sales of Units throughout the Condominium. Declarant shall have the right to relocate, from time to
time, and to discontinue and reestablish, from time to time, within the Condominium, until all ofthe
Units have been conveyed to a Unit Owner other than a Declarant, any one or more of such offices
or models. Declarant also -shall have the right to change -the use or combination of uses of such
offices or models, provided that such offices or models shall be used only for sales offices or models.
(b) . . Declarant shall also have an easement to. maintain signs on the Common
Elements advertising the Condominium until all ofthe Units have been conveyed to Unit Owners
other than a Declarant. Declarant shall remove all such signs not later than 30 days after all of the
Units have been conveyed to Unit Owners other than Declarant and shall repair or pay for the repair
of all damage done by removal of such signs. .
5.6. Hazardous Use and Waste. Nothing shall be done to or kept in any Units or the
Common Elements that will increase any rate of insurance maintained with respect to the
Condominium without the 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 a violation
of any law, or that will result -in the commitment ofiwaste (damage, abuse, or destruction) to -or in
his Unit or the Common Elements.
5.7. Prohibitions on Use of Common Elements. No Unit Owner or Occupant, except'
'Declarant during the Declarant Control Period, shall alter, construct anything upon, or remove
anything from, the Common Elements, or paint, decorate, landscape or adorn any portion of the
Common Elements, without the prior written consent of the Board. Without Iimiting the generality
of the foregoing, no item shall be affixed to the underside of any balcony or any railing on the same,
or any surface area of any Building. Each Unit Owner shall maintain any outdoor area designated
as a Limited Common Element appurtenant to such Unit Owner's Unit, in a good, clean, and well
kept condition. No Common Element or Limited Common Element shall be used in any way for
the drying or airing of clothing, rugs or other fabrics. Entrances, sidewalks, yards, driveways,
parking area and stairways shall not be obstructed in any way, other than normal usage by a Unit
Owner. No "garage sales" or "yard sales" shall be permitted outside of a Unit.
Without limiting the generality of the foregoing: (a) no outdoor grills shall be placed
upon any balcony, porch, terrace or patio that is a Limited Common Element by any Unit Owner or
Occupant, and (b) except for potted plants and patio furniture which are under forty-two (42) inches
in height, no objects may be placed upon any such balcony, porch, terrace or patio unless the
placement of the same has been approved by the Board.
I 2! 2370.2
16

5.8. Nuisances. No nuisances shall be allowed upon the Property and no person shall
engage in any use; practice or activityupon the Property which is•noxious, offensive or a source of
annoyance to Unit Owners or Occupants or which unreasonably interferes with the peaceful
possession and proper use of the Condominium Property by any Unit Owner or Occupant. All parts
of the Condominium shall be kept in a clean and sanitary condition, and no rubbish, refuse or
garbage shall be allowed to accumulate'and no fire hazard shall be•allowed to exist in any Unit, or
upon any of the Common Elements. Any Unit Owner or Occupant who shall "dump or place any
trash or debris upon any portion of the Condominium shall be liable to the Association for the actual
cost ofremovaI thereof.
5.9. Parking. The only vehicles that may be parked on the Property are passenger vehicles
in operating condition with .their then current license plates and, if applicable,operating stickers
attached. Such vehicles may include pick-up trucks having a load bearing capacity of rw more than
one-half ton. Every such vehicle shall be parked only in a parking space marked as such. In no
event shall any boat, boat trailer, trailer, camper, truck (other than a pick-up truck having a load
bearing capacity of no more than one-half ton), or motor home be permitted to be parked or stored
on any part of the Property, unless the Board, through the exercise of itt power to issue rules and
•regulations governing the use of the .Property, shall have designated a' particular location- on the
Property for•the parking of the same, in which event -any such boat, boat trailer; trailer, camper, truck•.
or motor home shall be parked only in such location and only in accordance with any rules and
regulations the Board may have promulgated in regard to such parking.
In addition to the foregoing, the Board shall be specifically authorized to promulgate;
and modify from time to time, -such rules and regulations regarding the parking of vehicles on the
Property as the Board shall determine. Such rules and regulations may include a limitation on the
number of vehicles that:may be parked on the Property by the Unit Owner of any Unit and the
designation of particular parking spaces for the exclusive use of specified Units.
5.10. Lawful Use. No improper or unlawful use shall be made of the Condominium
Property or any part thereof. All valid laws, zoning ordinances and regulations of governmental
bodies having jurisdiction thereof shall be observed.
5.11. 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.
5.12. Enforcement. Each Unit Owner shall comply strictly with the provisions of this
Declaration, the Bylaws and the Rules and Regulations, and decisions issued pursuant thereto, and
as the same may be lawfully amended from time to time. Failure to do so shall be grounds for
establishment and enforcement of liens on one individual Unit, an action to recover sums due for
damages, injunctive relief, foreclosure of lien, or a combination of remedies, maintainable by the
I-ITPL: 212370.2
17

Board or managing agent on behalf of the Association, or, in a proper case, by an aggrieved Unit
Owner, all as more particularly described in the Bylaws. -
5.13. Liens. While the Property remairis subject to this Declaration and the provisions of
the Act; no liens of any nature shall arise or be created against the Common Elements, except as
approved by persons entitled to cast at least eighty percent (80%) of the votes in the Association,
including eighty percent (80%) of the votes allocated to Units not owned by the Declarant, except
for (i) such liens as may arise or he created against the Units and their respective Allocated Interests
under the provisions. of the Act, and, (ii) with respect to Units and their respective Allocated
Interests, title to which has not been conveyed, the lien ofany mortgage given by Declarant to secure
financing for the Buildings and other improvements on the Property:
ARTICLE VI '
ASSESSMENTS FOR COMMON EXPENSES
.6.1. Assessment Liens. The Board has the power to levy Assessments against the Units
for Common Expenses. Such assessments, together with interest, costs, and reasonable attomey's
fees, shall be a lien on the Units against which 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 therefor, all as set forth in the Bylaws. The lien will be subordinate to any
First -Mortgage on a Unit if such Mortgage was recorded prior to the docketing of such item in the
Office of the Clerk of Court. -The lien will not be affected by the sale or transfer ofa Unit unless a
foreclosure ofa First Mortgage is involved, in which case the foreclosure will extinguish the lien.for
any assessments that were payable before the foreclosure sale, but will not relieve any subsequent
Unit Owner from paying further assessments. -
• -6.2. Personal Liability of Transferees; Statement; Liability of First Mortgagee.
(a) Any person intending to purchase or make a mortgage loan on a Unit shall
be entitled to a statement from the Board, setting forth the amount of the assessment lien against the
Unit in question and such Unit shall not be subject to a lien for any unpaid assessments against such
Unit in excess of the amount therein set forth.
(b) Where a First Mortgagee, or other person claiming through such First
Mortgagee, 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 First
Mortgagee or such other person for assessments shall be only for the assessments, or installments
thereof, that would become delinquent, 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.
(c) Without releasing the transferorfromany liability therefor,any unpaid portion
of assessments which is not a lien under (a) above or, resulting, as provided in (b) above, from the
exercise of remed ies in a First Mortgage, or by foreclosure thereof or by deed, or assignment, in lieu
HMI.: 212370.2
18

of such foreclosure, shall be a Common Expense collectible from all Unit Owners, including the
transferee under (a) above and the Institutional Lender' or such other person under (b) above who
acquires ownership by foreclosure or by deed, or assignment, in lieu of foreclosure.
6.3... Prohibition ofExemptionfrom Liability for ContributionToward Common Expenses. •
No Unit Owner may exempt himself from liability for his share of the Common Expenses assessed
by the 'Association by waiver of the .use or.erijoYment of any of the Comnion Elenents or by
abandonment of his Unit or otherwise. -
• ' 6.4 Date ofCommencenientofAnnualAssessments. After commencement of the annual
assessments provided for herein, assessments shall be payable on a monthly basis on the first
business day of each calendar month, with the monthly assessment for the month of a closing of a
Unit by a buyer being prorated and the assessment for the remainder of the month ofthe closing
being.collected from said buyer at closing. The first annual assessment shall be adjusted according
to the number of months then remaining in that fiscal year. •
6.5. Working Capital. Upon acquisition of record title to a Unit by'an Unit Owner other
than Declarant, each Unit Owner shall contribute to the working capital of the Association an
amount equal to two and one-fourth months of the monthly assessment for that Unit; • Such initial.
contributions shall not be considered as advance payments of regular assessments and shall not be
refunded to a Unit Owner upon the subsequent resale of a Unit. Unless otherwise prohibited by the
'Act,`the Declarant may use any of the fund to defray any of its expenes, reserve contributions, or
construction' costs and to make up any budget deficits while it is in control of the Association. .'
6.6. ' . Limitations on use of Assessments. No assessment of any kind may be used for the
purpose of filing or pursuing any -legal action of any sort whatsoever (including but not limited to -
lawsuits, arbitrations, administrative proceedings, and mediations) unless such use is approved by
an affirmative vote of two-thirds of the votes entitled to be cast. Such limitation shall not apply,
however, and assessments may be used, for the bringing of any action to collect dues or to enforce
the use restrictions set forth in this Declaration or in the Rules and Regulations promulgated by the
Board, or for the defense of any action brought against the Association.
ARTICLE VII
MANAGEMENT, MAINTENANCE, REPAIRS, REPLACEMENTS,
ALTERATIONS AND IMPROVEMENTS TO THE CONDOMINIUM
7.1.. Common Elements.
(a) By the Association. ' Except as otherwise set forth in the Declaration or the
Act, the management, replacement, maintenance, repair, alteration, and improvement of the
Common Elements shall be the responsibility of the Association, and, subject to the provisions of
Section 7.2 hereof, the cost thereof shall be a Common Expense to the extent not paid by Unit
HTPL: 212370.2
19 -

Owners pursuant to Section 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 Benefiting Less
Than All Units.
(a) Any Common Expense associated with the• maintenance, - repair, or
replacement of a Limited Common Element shall be assessed againstthe 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 benefiting less
than all of the Units against the Units benefited in proportion to their Common Expense liability.
7.3: Units. Each Unit Owner shall maintain his Unit at all times in a good and clean
condition, and repair --and replace, at -his expense; all portions-ofhisUnit; perform his responsibilities
in such manner as not to unreasonably disturb other Occupants; promptly report to the Board, or its
agents, any defect or need. for repairs; and, to the extent that such expense is not covered by the
proceeds of insurance carried by the Association, pay all costs to repair and replace any portion of
another Unit that liar 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 Section 7.5(a) and (b), the Association
shall make no claim against a Unit Owner or Occupant, and each Unit Owner and Occupant shall
make no claim against the Association, or employees or agents thereof, or against any manager
retained by the Board, or his or its officers, directors, employees or agents, for any loss or damage
to any of the Property, or to a Unit or personal property 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, however, that this waiver shall not apply to any such Loss or damage due to intentional
acts.
7.5. Right 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 conditions or situation originating in or threatening that Unit or any of the Limited
HTPL: 212370.2
20

Common Elements. or the 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 powers under
the Act, this Declaration or the Bylaws with respect to that or any other Unit, any Limited Common
Elements, or the Common Elements. Notwithstanding Section 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 necessary for the purpose of altering, maintaining, repairing
or replacing the Unit, 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 that such entry is at a time con/enient 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 Section 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 Common Element
7:6. Architectural Control. No building, fence; or other structure shall' be commenced, •
placed, erected or maintained upon the Common Elements; including the Limited Common
Elements, nor shall any exterior addition, change or alteration be made to any Building (including
changing the exterior color of any Building) until plans and specifications showing the nature, kind,
shape, height, materials, and location of same shall have been submitted to and approved in writing
by the Board and, in addition, by the Board of Directors of the Townhome Association. The
foregoing restriction is intended to constitute a permanent charge on the Property in favor of both
the Property and the Unit Owners of the property that is subject to the Townhome Declaration; but
said restriction may be enforced only by the Townhome Association, acting through its Board of
Directors, and not by any members of the Townhome Association acting as individuals.
7.7. Safety of Unit Owners. The Association shall not be responsible for the safety of the
Unit Owners or their lessees, guests or invitees. Without Iimiting the generality of the foregoing,
although the Condominium may be operated as a gated community, such gating is not designed to
provide effective security for the Condominium, and unless the Association shall determine
otherwise by a vote of its members, the Association shall not provide security services to the
Condominium.
1TPL: 212370.2
71

1.
ARTICLE VIII
INSURANCE
8.1.. General. The Board shall obtain and maintain at all titnes, insurance of the type and
kind provided in this Declaration and the Bylaws, and including insurance for such other risks, of
a similar or dissimilar nature, as are or shall hereafter customarily be covered with respect to other
condominium properties- similar in construction, design and use, all in not Tess than the amounts
_ provided in this Declaration and the Bylaws. •
8.2. . Responsibility For Obtaining Coverage. The Board shall have the authorityto obtain,
and shall obtain, insurance policies upon the Property in the name of the Association for the benefit
of the Unit Owners and their First Mortgagees as their interests may appear, and provision shall be
made for the issuance of the renewals thereof. Certificates of insurance arid/or policies shall be
furnished to each Unit Owner and his First Mortgagee upon request.
8.3. Types of Coverage. The Board shall make every effort to secure insurance policies
that will provide the -following minimum coverages:
(a) Casualty Insurance. The Association shall maintain, to the extent available,
casualty insurance upon the Buildings, including Units, and Common Elements. Such insurance
shall be- in an amount equal to not -less than one hundred percent (100%) of the full insurable value
of the Buildings, on a replacement cost basis exclusive of land, excavation, foundations and other
items normally excluded from property policies, and shall insure against such risks and contain.such
provisions as the Board from time to time shall determine, but at a minimum shall conform in all
respects to the requirements of the Act, and shall provide that, notwithstanding any provision thereof
that gives the insurer an election to restore damage in lieu of making a cash settlement, such option
.shall not be exercisable if such restoration is prohibited pursuant to Section 47C-3-113(h) ofthe Act.
(b) Public Liability. The Association shall maintain to the extent obtainable,
public liability insurance in such limits as the Board may from time to time determine, which shall
not be less than One Million Dollars ($1,000,000.00) per occurrence for death,bodily injury and
property damage, covering the Association, each member of the Board, the managing agent, if any,
and each Unit Owner, with respect to his liability arising out ofthe ownership, maintenance, repair,
or use of the Common Elements.
The coverage obtained by the Board must provide for at Ieast 30 days written notice to the
Association and to any holder ofa First Mortgage on an individual Unit before the insurer can cancel
or substantially modify it.
(c) Fidelity Coverage. Fidelity insurance shall be maintained for all officers,
directors, employees. and/or the managing agent of the Association and all other persons handling,
or responsible for, funds of, or administered by, the Association. Such fidelity bonds shall name the
Association as an obligee and shall be in an amount not less than a sum equal to one and one half
HTPL: 212370.2
22

limes estimated annual operating expenses and reserves. The bonds shall contain waivers by the
issuers of the•.bonds of all defenses based upon the exclusion of persons serving without
compensation from the definition of "employees" or similar terms or expressions.
(d) _ Other. The Board shall obtain such other insurance coverages, as the Board
shall determine from time to time to be desirable.
Premiums To Be Common Expense. Premiums upon insurance policies.purchased
by the•Board shall be paid for by the Board and charged as a Common Expense.
8.5. Policy Provisions. The Board shall use its best efforts to secure insurance policies
from a carrier authorized to iransact business in North Carolina and which is generally acceptable
to private. institutional mortgage investors for projects similar in construction, location and use,
which will provide for the following:
(a) The master policy on the Property cannot be canceled, invalidated or
suspended on account 'of the conduct of any one or more of the individual Unit Owners or
Occupants.
(b) The master, policy on the Property cannot be canceled, invalidated or
suspended on account of the conduct of any officer or employee,of the Association, or managing
agent, without prior demand in writing -that the Board or managing agent cure the defect:
(c) Any "no other insurance" clause in the master policyon the Property excludes
individual Unit Owners' policies from consideration.
(d) Such policies may not be canceled or substantially modified without at least
30 days prior written notice to all insureds (including the Association and all Unit Owners), and to
First Mortgagees.
(e) A waiver of subrogation by the insurer as to any claims against the
Association, any officer, director, agent or employee of the Association, Unit Owners and members
of their household and their employees, agents, tenants and invitees.
(f) A provision that, notwithstanding any provision thereof that gives the insurer
an election to restore damage in lieu of making a cash settlement, such option- shall not be
exercisable if such restoration is prohibited pursuant to Section 47C-3- 113(h) of the Act.
• 8.6. Insurance Trustee. The Board may engage and pay as a Common Expense; any
appropriate person to act as an insurance trustee to receive and disburse insurance proceeds upon
such terms as the Board shall determine, consistent with the provisions of the Act and this
Declaration.
i3TPL: 212370.2
23

8.7. Insurance Unavailable. If the insurance described in Section'8.3 is not reasonably
available, the Assocjation shall promptly cause notice of such fact to be hand -delivered or sent
prepaid by United States mail to all Unit Owners.
8.8. Individual Policy for Unit Owners. Each Unit Owner shall obtain 'insurance, at his
own expense, affording personal property, additional living expense, condominium assessment,
personal liability, and any other coverage obtainable, to the extent and in the amounts such Unit
Owner.deems necessary'to protect his own interests. Provided further that any such insurance shall
-
contain waivers pursuant fo Section 7.4 and shall provide that it is without' contribution as against
the insurance purchased by the Association. If a casualty loss is sustained and there is a reduction
in the amount of the proceeds that would otherwise be payable on the insurance purchased by the
Association due to the proration of insurance purchased by a Unit Owner under this Section, such
Unit Owner shall be liable to the Association to the extent of such reduction and shall pay the
amount of such reduction to the Association upon demand, and assign the proceeds of his insurance,
to the extent of such reduction, to the Association.
ARTICLE IX
CASUALTY DAMAGE
9.1. Duty to Repair. Except as provided in Section 9.2, in the event of damage to or
destruction of any Building and/or the Common Elements as a result of fire -or other casualty; the
Board shall arrange for the prompt repair and restoration of the Buildings and/or the Common
Elements (including any .damaged Unit, but not including any decoration or coverings for walls,
ceilings or floors, or other furniture, finishing, fixtures or equipment in the Unit, or a Unit Owner's
Or Occupants personal-prdperty, furniture; fixtures, or equipment); and the Board shall -disburse the •
proceeds of all insurance policies to the contractors engaged in such repair -and restoration in
appropriate progress payments. Any cost for such repair and restoration in excess of the insurance
proceeds shall constitute a Common Expense. Any surplus insurance proceeds remaining after
repairs have been completed shall be treated as a common surplus. All proceeds of insurance shall
be used and applied in accordance with the provisions of Section 47C-3-113(e) and (h) of the Act.
Any reconstruction or repair shall be in accordance with the plans and specifications of the original
Buildings and/or Common Elements or according to plans and specifications approved by the Board.
- 9.2. Disposition of Insurance Proceeds inthe Event Casualty Damage Not Repaired. The
provisions of Section 9.1 shall apply to any portion of the Condominium for which insurance is
required under Article VIII and Section 47C-3-113 of the Act unless (i) the Condominium is
terminated, (ii) repair or replacement would be illegal under any State or local health or safety statute
or ordinance, or (iii) the Unit Owners decide not to rebuild by an 80% vote, including 100% approval
of Unit Owners whose Units are not to be rebuilt or Unit Owners of Units to which are allocated
Limited Common Elements not to be rebuilt. The cost ofrepair or replacement in excess of insurance
proceeds and reserves is a Common Expense. If the entire Condominium is riot repaired or replaced,
(i) the insurance proceeds attributable to the damaged Common Elements should be used to restore
the damaged area to a condition compatible with the remainder of the Condominium, (ii) the
ITPL: 212370.2
24

insurance proceeds attributable'to Units and Limited Common Elements which•are•not rebuilt shall
be distributed to the Unit Owners of those Units and the Unit Owners of the Units to which those
Limited Common Elements were allocated or to lien holders, as their interest may appear, and (iii)
the remainder of the proceeds shall be. distributed to all the Unit Owners or Iien holders as their
interest 'may appear, in proportion to their Allocated Interests. 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(a) of the 'Act, and the Association proMptly shall
prepare, execute and record an amendment to this Declaration reflecting the reallocations.
Notwithstanding the provisions of this Section 9.2, Section 47C-2-118 of the Act shall govern the
distribution of insurance proceeds if the Condominium is terminated.
ARTICLE X
TERMINATION OF THE CONDOMINIUM;
CONDEMNATION; AMENDMENT OF THE DECLARATION
10.1. Termination. The Condominium may be terminated only in strict compliance with
Section 47C-2-118 of the Act. _
• 10.2. Condemnation. In the event of a taking by eminent domain, or by a conveyance in
lieu thereof of all or any part of the Property, the awards paid on account thereof shall be applied
in accordance with Section 47C-1-107 of the Act.
-
10.3. • Amendment. This Declaration- may be amended only in compliance with the- Act,
-including, without limitation; Sections 47C-2-105-and 47C-2-11.7 of the Act," except that no
amendment altering or impairing Special Declarant Rights.may be made without the written consent
of Declarant. In addition, during the period of Declarant control of the Association under Section
47C-3-I 03(d) of the Act, any amendment to this Declaration which is not effected by the Declarant
pursuant to the exercise of the Special Declarant Rights shall require the approval of HUDNA.
ARTICLE XI
MORTGAGEE PROTECTION
1 1. 1. Introduction. This Article establishes certain standards and covenants which are for
the benefit of the holders, insurers and guarantors of certain mortgages and others as identified in
this Article XI. In the event of conflict between the provisions of this Article and provisions of any
other portion of the Condominium Documents, this Article will control: In the event that the Act
shall for any given act or consent contain a greater or more stringent requirement, the Act will
control.
11.2. Notice of Actions. The Association will give timely written notice by registered or
certified mail, return receipt requested, to each Eligible Mortgage Holder, and each Unit Owner
hereby consents to and authorizes such notice of:
!ITN.: 212370.2
25

Mortgagee.
(a) Any condemnation loss or any casualty Toss which affects a material portion
of the Condominium or any Unit in which there is a First Mortgage held by such EIigible First -
(b) Any delinquency in the payment of Assessments owed by. an Unit Owner
whose Unit is subject to a First Mortgage held by such Eligible First Mortgagee, which remains
uncured for a period of 60 days;
.(c) - Any lapse, cancellation, or material modification of any insurance policy or
fidelity bond maintained by the Association;
• (d) Any proposed action which would require the consent of a specified
percentage of Eligible First Mortgagees as specified in Section_ 1 1.3, which notice shall be sent by
registered or certified mail, return receipt requested; and .
(e) Any judgment rendered against the Association.
•
1 1.3. Consent Required. This section 11.3 shall be effective only if, at the time this Section
would apply, at least one Unit is subject to mortgage financing.
(a) Documerit Changes. Notwithstandingany lowerrequirementpernnitted'by the -
Declaration or .the Act, no amendment of the Declaration or Bylaws by the Association which
materially changes any of the following may be effected without the vote of: (i) at least 67%.of the
Unit Owners (or anygreater Unit'Owner Vote required in the Act), unless such rights are reserved
'to.the Declarant as Special Declarant'Right s in the Condominium Documents, (ii) until approved
in writing by Eligible -Mortgage Holders representing at least 51% of the votes allocated to Units
subject to First Mortgages held by Eligible Mortgage Holders, and (iii) during the period of
Declarant control of the Association under Section 47C-3-103(d) of the Act, HUDNA:
(i) Voting rights;
(ii) Assessments, assessment liens or subordination of such liens;
(iii) Reserves for maintenance, repair and replacement of Common
Elements;
(iv) Responsibility for maintenance and repair of the Condominium;
(v) Reallocation of interests in the Common Elements or Limited
Common Elements, or rights to their use;
(vi) Redefinition of any Unit boundaries;
1
1 !TPL: 212370.2
26

- (vii) Convertibility of Units into Common Elements or vice versa;
(viii) Expansion or contraction of the •Condominium or the addition,
annexation or withdrawal of property 10 or from the Condominium, except
as provided for in Section 3.3 hereof;
(ix) - ' Hazard or fidelity insurance requirements;
. (x) Imposition of any restrictions on the leasing of Units;
(xi) ' Imposition of any restrictions on a Unit Owner's right to sell or
transfer his or her Unit;
(xii) A decision by the Association to establish self -management if
professional management had been required previously by the Condominium
Documents or by an Eligible Mortgage Holder;
(xiii) Restoration- or repair of the Condominium (after damage or partial .
condemnation) in a manner other than that specified in the Condominium. -
Documents;
(xiv) Any action to terminate the legal status of the Condominium after •
substantial desti-uction or condemnation occurs; or - . .
(xv) Any provisions that expressly benefit first mortgage holders, or -
insurers or guarantors of first mortgages.
An addition or amendment to the Declaration or Bylaws shall not be considered material if
it is. for the purpose of correcting technical or typographical errors, or for clarification only.
(b) Actions. Notwithstandingany lower requirement permitted by the Declaration
or the Act, the Association may not take any of the following actions, other than rights reserved to
the Declarant as Special Declarant Rights, without the approval of at least 51 % of the votes of the
Eligible Mortgagees of Units that are subject to mortgages of the Eligible mortgagees or such higher
percentage as set forth herein:
HYPE: 212370.2
(i) An amendment to the Declaration' which authorizes the conveyance
or encumbrance of the Common Elements or any portion thereof (as to which
a 67% Eligible Mortgage Holder approval is required). (The granting of
easement for public utilities or for other public purposes consistent with the
intended use of the Common Elements by the Condominium will not be
deemed a conveyance or encumbrance within the meaning of this clause);
- 27

(ii) The establishment of self -management when professional
management had been required previously by the documents or by an
Eligible Mortgagee;
(iii) The restoration or repair of the Property (after a hazard damage or
partial condemnation) in a manner other • thari that specified in the
Condominium Documents; .
-(ix) Termination of the Condominium for reasons other than substantial.
destruction or termination (as to which a 67% Eligible Mortgage Holder
approval is required);
(v) The .alteration of any partition or creation of any aperture between
adjoining Units (when Unit boundaries are not otherwise being affected), in
which..cdse only the Unit Owners of Units affected and Eligible Mortgage
Holders of those Units need approve the action;
(vi) The merger of this Condominium with any other condominium, in
which case the approval of67% of the Eligible Mortgage Holders is required;
(vii) Ariy action taken not to repair or replace the Property;
(c) The Association may not change the period for collection of regularly
budgeted bp-
mrnon Expense Assessments to other than monthly without the consent of all Eligible
Mortgage Holders.
(d) The Association shall provide notice, including the text of the proposed
action, mailed by certified or registered mail, by return receipt required, to an Eligible Mortgage
Holder. Failure to respond within 30 days of receipt of notice of the action shall be -deemed consent
given under this subsection.
11.4. 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 timely written notification by the
Association of (i) any proposed action which requires consent of a specified percentage of Eligible
Mortgage Holders, (ii) any condemnation or casualty loss that affects either a material portion of the
Condominium or the Unit securing its First Mortgage, (iii) any 60 day delinquency in the payment
of assessments or charges owed by the Unit Owner of the Unit on which the First Mortgagee holds
a First Mortgage; or (iv) any lapse, cancellation or material modification of any insurance policy or
fidelity bond maintained by the Association. Each First Mortgagee who has requested the
Association to notify it of any proposed action that requires the consent of a specified percentage of
Eligible Mortgage Holders shall be considered an "Eligible Mortgage Holder." Any First Mortgagee
who receives a written request by the Association, or any Unit Owner, to approve an addition or
I ITPL: 212370.2
28

amendment to the Declaration or Bylaws who does not deliver or post to -the requesting party a
negative response within thirty (30) days•shall be deemed to have approved such request.
11.5. Inspection of Books. The Association must maintain current copies of the
Declaration, Bylaws, Rules and Regulations, books, records and financial statements.. The
Association will permit any Eligible Mortgage Holder to inspect the books and records of the
Association during normal business hours. •
. 11.6. Enforcement. The provisions of this Article are for the benefit of Eligible Mortgage
Holders and their successors, and may be enforced by any of them by any available means, at law
or in equity.
ARTICLE XII
PROVISIONS RELATING TO THE ASSOCIATION
12.1. Creation of Association. Except as otherwise•provided for herein, in order to provide
for the maintenance, repair, replacement, administration, and operation of the .property., Declarant
has created an association to be known as "Belle Vista Condominium Unit Owners Association,
Inc_" Membership. therein shall be composed. of all of the Unit Owners of the Units of'the.
Condominium. Each Unit Owner of a Unirshall be a member of the Association, but membership
shall be• automatically terminated when such Person ceases to be a Unit Owner, and will be
transferred to the new Unit Owner.
. . 12.2. Bylaws. The Association shall be governed in accordance with and as prescribed by
the Bylaws, a true copy of which is attached hereto as Exhibit E.
I2.3. All Units Bound. Declarant, by this Declaration, and all Unit Owners, by the •
acceptance of their deeds, covenant and agree to be bound by the conditions, restrictions and
obligations contained in the Bylaws and the provisions of this Declaration.
12.4. Duties and Powers. The duties and powers of the Association shall be those set forth
in this Declaration, and the Articles of Incorporation and Bylaws of the Association, including the
power and authority to levy assessments as provided for in the Bylaws. Without limiting the
generality of the foregoing, it shall be the specific duty and responsibility of the Board to cause the
Association to carry out and perform, on a timely basis, all of the duties and responsibilities of the
Association under and pursuant to the terms and provisions of the Easement Agreement.
12.5. Superiority of Ballantyne Joint Committee, Inc. The Joint Committee serves as a
unifying entity for ail residential and non-residential properties within the "Ballantyne Community"
(as that term is defined in the Community Declaration). The Joint Committee is responsible for the
administration of community properties and other matters relating to the BaIlantyne Community as
described in, and pursuant to, the Community Declaration.
HTPL: 212370.2
29

This Declaration shall be a "Member Declaration" us defined in the Comniunity
Declaration and shall supplement the Community Declaration as it applies to the Property. Every
Unit Owher of every Unit, by acceptance of an interest in such Unit, acknowledges that he is subject
to the Community Declaration in -addition to this Declaration, and is subject to the assessment
obligations and lien rights set forth therein. The Association, and not any Unit Owner, shall be a
member of the Joint Committee.
In addition to all of the rights and obligations which are conferred and imposed upon
the Association pursuant to this Declaration, the By -Laws and the Articles of Incorporation, the
Association shall be entitled to exercise any of the rights conferred upon it and shall be subject to
all ofthe obligations imposed upon it pursuant to the Community Declaration and the by-laws ofthe
Joint Committee. The Association shall also be subject to all superior rights and powers which have
been conferred upon the Joint Committee pursuant to the Community Declaration and the by-laws
of the Joint Committee. The Association shall take no action in derogation of the rights of, or
contrary to the interests of the Joint Committee.
12.6. Declarant Control Period. The provisions of Article I11 of the Bylaws concerning the
.Declarant Control. Period are made a part of this Declaration and are incorporated herein by reference
as if fully set out herein.
. • ARTICLE XIII
GENERAL PROVISIONS
• 1.3.1 _ Conflict with the Act. Should any of the terms, conditions; provisions, paragraphs,
- or clauses of this Declaration conflict with any provisions of the Act, the provisions of the Act.shall
control unless the Act permits theDeclaration to vary the Act, in which event the Declaration shall
control.
13.2. Interpretation of Declaration. Whenever appropriate singular may read as plural,
plural may be read as singular, and the masculine gender may be read as the feminine or neuter
gender. Compound words beginning with the prefix "here" shall refer to this entire Declaration and
not merely to the part in which they appear.
13.3. Captions. The captions herein are only for convenience and reference and do not
define, limit or describe the scope of this Declaration, or the intent of any provision.
I3.4_ Exhibits. The attached. Exhibits A, A-1, B, C, D, E and F are incorporated in their
entirety into this Declaration by reference,
13.5. Invalidity. The invalidity of any provision of this Declaration shall not be deemed
to impair or affect in any manner ilie validity or enforceability or effect of the remainder of this
Declaration, and in such event, all of the other provisions of this Declaration shall continue in full
force and effect as if such invalid provision had never been included herein.
FITPL: 212370.2
30

-13.6. Waiver. No provision of this Declaration shall be deemed to have been abrogated or
waived by -reason of any failure to enforce the same, irrespective of the number of violations or
breaches which may occur.
13.7. Law Controlling. This Declaration shall be construed and control lcd by and under the
laws of the State of North Carolina.
IN WITNESS WHEREOF, Declarant hereby execuies this Declaration by and through its
authorizedrepresentativeson the day and year first above written.
PULTE HOME CORPORATION, a -
Michigan corporation
Thomas ' . Bruc -r! ttorney-in-Fact
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I, a_ri-N.e.1e.L 0 . Yv\r , a Notary Public for said County and State, do hereby "
certify that -Thomas W. Bruce, Attorney -in -Fact for Pulto Home Corporation, a Michigan
Corporation, personally appeared before me this day and. being by me duly sworn, says that he
executed the foregoing instrument for and• in behalf of Pulte Home Corporation, a Michigan
corporation, and that his authority to execute and acknowledge said instrument is contained in an
instrument duly executed, acknowledged and recorded in the Office of the Register of Deeds for
Mecklenburg County, North Carolina, in Book 13074 at Page 900, and that this instrument was
executed under and by virtue of the authority given by said instrument granting him power of
attorney; that the said Thomas W. Bruce acknowledged the due execution of the foregoing
instrument for the purposes therein expressed for and in behalf of the said Pulte Home Corporation,
a Michigan corporation.
WITNESS my hand and official seal this day of February, 2004.
HTPL: 212370.2
' My Commission Expires: 7/ ,,1U0
33

EXHIBIT A
TO DECLARATION OF BELLE VISTA CONDOMINIUM
. Lying and being in the City of Charlotte, Mecklenburg County, North Carolina and
being more particularly described as follows:
BEGINNING at a set concrete monument "Control Corner" with NC Grid Coordinates
(NAD 83) of N = 479,583.456 and E = 1,445,041.894.in the southwesterly margin of the
right-of-way of the private street known as Durant Boulevard as shown on map recorded in
Map Book 34 at Page 857 and in Map Book 40 at Page 585 in the Mecklenburg County
Public Registry; thence with the southwesterly margin of the aforesaid private street known
as Durant Boulevard, South 34-16-40 East 220.81 feet to a point; thence South 21-I 1-03
West 155.53 feet to a set #4 rebar with NC Grid Coordinates (NAD 83) ofN = 479,256.023
and E = 1,445,1 I0.043; thence North 70-39-50 West 63.37 feet to a point; thence North 83-
5.8-45 West 63.32 feet to a point; thence South 86:07-17 West 45.34 feet to a point; thence
South 86-30-21 West 41.52 feet to a point; thence with the arc of a circular curve to.the right
having a radius.of231.50 feet, a chord bearing and'distance ofNorth 81-40-31 West 91:08
feet and an arc distance of 91.68 feet to a point; thence North 60-43-48 West 27.09 feet to
a point; thence North 30-24-3 1 East 71.41 feet to a.point;Tence North 4'5-39-09 West 61.70
feet to a point; thence North 34-05-37 West 59.32 feet to a point; thence North-54:54:07
East 314.88 feet to:a point in the southwesterly margin of the Tight -of -way ,of the private
street.known as Durant Boulevard; thence with the southwesterly margin oftheprivate street
known as Durant Boulevard, South 34-40-37 East 67.94 feet to the Point and"Place Of
BEGINNING and containing 2.251 acres, all as shown on map recorded in Map Book 40
at Page 585 in the Mecklenburg County Public Registry and on survey entitled "Final Plat
of Belle Vista Condominium Phase 1A" by Scott L. Hunter of ESP Associates, P.A. dated
November 7, 2003, to which survey reference is made for a more particular description of
the property.
HTPL: 212370.2

EXHIBIT A-1
• TO DECLARATION OF BELLE VISTA CONDOMINIUM •
Lying and being in the City of Charlotte, Mecklenburg County, North Carolina and being
more particularly described as follows:
I3EQINNING at a found #4 rebar marking the northerly common corner of .Lots 521 and 522 of
Ballantyne Country Club Phase .10 Map 2 as shown on map recorded in Map Book 28 at Page 652
in the Mecklenburg County Public Registry and running thence from said Beginning Point with the
northerly rear lot•Iines of Lots 522, 523, 524, 525, 526, 527 and 528 of the aforesaid Ballantyne
County Club Phase10 Map 2, the following four.(4) courses and•distances: (1) South 84-09-44 West
192.62 feet to a found #4 rebar, (2) North41-51-33 West 128.85 feet to a point, (3) North 00-30-53
East 102.53 feet to a point and (4) North 36-12-21 West 399.68 feet to a found #4 rebar in the
southeasterly margin of that property shown on Ballantyne Commons West Parcel D Phase 1 Map
5-recorded in Map Book 38 at Page 425 in the Mecklenburg County Public Registry; thence with
the southeasterly margins of the property shown on the aforesaid Ballantyne Commons West Parcel
D Phase 1 Map 5, the property shown on Ballantyne Commons West Parcel D Phase • 1 .Map 6
recorded in Map Book 38 at Page 729 in the Mecklenburg. County .Public. Registry, the property
shown on Ballantyne Commons West Parcel D Phase 1 Map 4 recorded in Map Book 38 at Page 7
in the Mecklenburg County Public Registry and the property shown on Ballantyne Comrrions West
Parcel D Phase 1 Map 3 recorded in Map Book 37 at Page 659 in the Mecklenburg .County Public
Registry, North 51-23-18 East 696.64 feet to a point tnarking the southeasterly cominor' corner of
Lots &arid 7 ofthe aforesaid Ballantyne Commons West Parcel D Phase 1 Map.3; thence with the
easterly lot line of Lot 6 of the aforesaid Ballantyne Commons West Parcel D Phase 1 Map 3, North
08-27-16 Fast 9.8.66 feet to a point in the southerly common comer of Lots 4 and 5 in Ballantyne
Commons West Parcel D Phase 1 Map 1 recorded in Map Book 36 at Page 269 in the Mecklenburg
County Public Registry; thence with the southerly margin of the aforesaid Lot 4 and the Common
Open Space in the aforesaid Ballantyne Commons West Parcel D Phase 1 Map 1, North 74-26-25
East 74.75 feet to a point in the southwesterly margin of the private street, Durant Boulevard, shown
on map of Ballantyne Commons West Parcel E Phase 1 Map 1 recorded in Map Book 34 at Page 857
in the Mecklenburg County Public Registry; thence with the southwesterly margin of the aforesaid
private street, Durant Boulevard, the following two (2) courses and distances: (1) with the arc of a
circular curve to the left having a radius of 480.00 feet, a chord bearing and distance of South 25-07-
06 East 159.19 feet, an arc distance of 159.93 feet to a point and (2) South 34-40-37 East 145.71 feet
to a point; thence with the property lines of that 2.251 acres tract which is Belle Vista Condominium
Phase 1 A, the following eleven (11) courses and distances: (1) South 54-54-07 West 314.88 feet to
a point, (2) South 34-05-37 East 59.32 feet to a point, (3) South 45-39-09 East 61.70 feet to a point,
(4) South 30-24-31 West 71.41 feet to a point, (5) South 60-43-48 East 27.09 feet to a point, (6) with
the arc of a circular curve to the left having a radius of 231.50 feet, a chord bearing and distance of
South 81-40-31 East 91.08 feet and an arc distance of 91.68 feet to a point, (7) North 86-30-21 East
41.52 feet to a point, (8) North 86-07-17 East 45.34 feet to a point, (9) South 83-58-45 East 63.32
HTPL: 212370.2
1

feet to a point, (10) South 70-39-50 East 63.37 feel to a point and (1.1) North 21-11-03 East 82.47
feet to a point in the southerly margin of a .849 acre Recreational Property shown on map recorded
in Map Book 40 at Page 283 in the Mecklenburg County Public Registry; thence with the property
lines of the aforesaid .849 acre Recreational Property, the following four (4) courses and distances:
(1) South 69-29-11 East 203.45 feet to a point, (2) North 25-20-12 East 123.76 feet to a point, (3)
with the arc of a circular curve to the right having a radius of 29.00 feet, a chord bearing and distance
of North 35-05-21 East 9.82 feet and an arc distance of 9.87 feet to a point and (4) North 44-50-30
East 17.29 feet to a point in the southerly margin of the right-of-way of the private street, John J.
Delaney Drive; thence with the southerly -margin of the right -Of -way of the private street, John J.
Delaney Drive, the following four (4) courses and distances: (1) with the arc of a circular curve to
the left having a radius of 290.51 feet, a chord bearing and distance of South 61-15-24 East 114.79
feet and an arc distance of 115.55 feet to a set concrete monument, (2) South 72-39-04 East 319.43
feet to a set concrete monument, (3) with the arc of a circular curve to the right having a radius of
209.49 feet, a chord bearing and distance of South 57-17-10 East 111.02 feet and an arc distance of
112.36 feet to a point'and (4) with the arc of a circular curve to the right having a radius of 209.49
feet, a chord bearing and distance of South 30-44-09 Fast $1.27 feet and an arc distance of 81.79 feet
to a point; thence with the westerly margin of an Access Road the following four (4) courses and
distances: (1) with the arc of a circular curve to the right having a radius of 16.00 feet; a chord
bearing and distance of South 17-57-51 West 19.49 feet and an arc distance of 20.95 feet to a point,
(2) with the arc ofa circular curve to the left having a radius of 170.50 feet, a chord bearing and
distance of South 31-37-41 West 137.89 feet and an arc distance of 141.95 feet to a point, (3) South
.07-46-36 West'47.1-0 •feet to a point and (4) South 05-31-21 West 67.79 feet to a point in the
westerly margin of Ballantyne Commons West Parcel A Map 1 as shown on map recorded in Map
Book 34 at Page 857 in the Mecklenburg County Public Registry; thence with the westerly margin
of the aforesaid Ballantyne Commons West Parcel A Map 1, the'following two (2) courses and
distances: (1) South 17-25-19 East 79.41 feet to a point'and (2) South 18-13-20 West 84.54 feet to
a point in the northerly rear lot line of Lot 511 in the aforesaid Ballantyne•Country Club Phase 10
Map 2; thence with the northerly rear lot lines of Lots 511, 512, 513, 517, 51'8, 519 and 521, the
following six (6) courses and distances: (1) North 72-39-04 •West 451:03 feet to a found #4 rebar,
(2) South 82-06-08 West 236.93 feet to a .found #4 •rebar, (3) North 66-02-18 West 138.50 feet to
a found #4 rebar, (4) South 64-39-12 West 157.62 feet to a found #4 rebar, (5) North 87-47-28 West
76.79 feet to a found #4 rebar and (6) North 64-34-42 West 113.17 feet to the POINT AND PLACE'
OF BEGINNING and containing 21.116 acres, all as shown on map recorded in Map Book 40 at
Page 585 in the Mecklenburg County Public Registry, to which survey reference is hereby made for
a more particular description of the property.
i UTPL,: 212370.2
2

EXHIBIT B
TO DECLARATION OF BELLE VISTA CONDOMINIUM.
TITLE EXCEPTIONS
1. Ad.vaIorem property taxes not yet due and payable.
2. Matters to be revealed on a current survey of the property.
3. Deed of Conveyance and Declaration of Easements recorded in Book 16271 at Page•877 in
the Mecklenburg County Public Registry. .
4: Master Declaration of Covenants, Conditions and Restrictions for Ballantyne recorded in
Book 7524 at Page 1, as amended in Book 8608 at Page 809, in Book I0579 at Page 858 and
as supplemented in Book 10267 at Page 87 and Book 11273 at Page 428 in the Mecklenburg
County Public Registry.
5. Easement to Southern Bell Telephone and Telegraph Company recorded in Book 764 at Page
510 in the Mecklenburg County Public Registry. .
6 Easements to Duke Power Company recorded in Book 928 at Page 469, Book 2215 at Page
17, Book 2763 at Page 423 arid Book 8364 .at Page 236 in the Mecklenburg County public
• Registry.. • -
7. Easement and Land Development Agreement to The Terraces at Ballantyne, LLC recorded
in Book 11823 at Page 34 in the Mecklenburg County Public Registry.
8. Easement to BellSouth Teleconununications, Inc. recorded in Book 12449 at Page 718 in the
Mecklenburg County Public Registry.
HTPL: 212370.2

EXHIBIT C
• TO.DECLARATION OF
BELLE VISTA CONDOMINIUM
(PLATS AND PLANS)
Please refer to plats and plans recorded as follows:
The plat of survey for BELLE VISTA CONDOMINIUM PHASE I A dated November 7,
2003, prepared- by Scott. L. Hunter of ESP Associates, P.A., entitled "Final Plat of Belle Vista
Condominium Phase IA", which was attached to this Declaration at the time it was filed for record
in duly filed in the Office of the Register of Deeds for Mecklenburg County, North Carolina in
Condominium Unit Ownership File No. 67'1 . Said survey is incorporated herein by reference
as though fully set out herein.
The. Plans for BELLE_ VISTA CONDOMINIUM PHASE 1A prepared by David' W. •
Griffiths, Registered Architect, were attached to this Declaration at the time -it was filed for record,
-and are duly filed in -the Office of the Register of Deeds for Mecklenburg County, North Carolina
in Coridominiurn Unit Ownership File No. 6-7 7 , reference to which is hereby made, and said
Plans are incorporated herein by reference as though fully set out herein.
HTPL: 212370.2
1

EXHIBIT D
TO DECLARATION OF
BELLE VISTA CONDOMINIUM
UNIT NUMBER " " UNIT TYPE
04101
04102
04103
04104
04105
04106
04107
-04108
04109
04110
04201
04202
04203
04204
04205
04206
04207
04208
04209
HTPL: 212370.2
B
A
B
C
C
B
-A
B
C
C
B
A
B
C
C
B
A
C
PERCENTAGE OF UNDIVIDED INTEREST
IN COMMON ELEMENTS
AND COMMON EXPENSES
2.5000%
-2.3438%
2.5000%
2.5781%
2.5781 %
2.5000%
2.3438%
2.5000%
2.5781%
2.5781%
2.5000%
2.3438%
2.5000%
2.5781%
2.5781%
2.5000%
2.3438%
2.5000%
2.5781%
I

04210
'04301
.04302
04303
04304
04305
04306
04307
04308
04309
04310
04401
04402
• 04403
04404
.04405
04406
04407
04408
04409
04410
HTPL: 212370.2
C
B
A
B
c
c
B
A
B
C
c
B
A-
13
C
•C
B
A
B
C
C
2.5781%,
2.5000%
.2.3438%
2.5000%
2.5781%
2.5781%
2.5000%
2.3438%
2.5000%
2.5781%
2.5781%
2.5000%
2.3438%
2.5000%
2.5781%
2.5781%
2.5000%
2.3438%
2.5000%
2.5781%
2.5781%
100%

EXHIBIT•E
TO DECLARATION OF
BELLE VISTA CONDOMINIUM
BYLAWS
• - OF • .
BELLE VISTA CONDOMINIUM •
UNIT OWNERS ASSOCIATION, INC.
ARTICLE I
PLAN OF CONDOMINIUM
1.1 Ownership. The property located in Mecklenburg County, State of North Carolina,
and more particularly described in the Declaration of Belle Vista Condominium (the "Declaration"),
has been submitted to the provisions of the North Carolina Condominium Act (the "Act") by
instrument recorded in the Office of the Register of Deeds for Mecklenburg County; North Carolina,
simultaneously herewith, and shall be knovvn as Belle Vista Condominium (the "Condominium"):
• • 1.2. Applicability .of bylaws. The .provisions of these Bylaws are applicable to the
Property of the Condominium, and to the use and occupancy thereof including all additional phases
which may be added thereto.
1.3. - Persons Bound. All present and future Unit Owners, mortgagees,- Lessees and
Occupants of Units and their employees, and any other persons who may -use the facilities of the
Property in any manner are subject to the Declaration, these Bylaws and any Rules and Regulations
made pursuant hereto, and any amendment to these Bylaws or the Declaration upon the same being
passed and recorded in the manner set forth in the Condominium Documents. The acceptance of a
deed of conveyance or the entering into of a lease or the act of occupancy of a Unit shall constitute
an agreement that these Bylaws (and any Rules and Regulations made:pursuant hereto) and the
provisions of the Declaration, as they may be amended from time to time, are accepted, ratified and
will be complied with.
1.4. Definitions. The words, phrases and terms listed in these Bylaws shall have the
meanings as set forth in the Declaration, to which these Bylaws are attached, unless the context
clearly indicates a different meaning therefor.
ARTICLE II
UNIT OWNERS
2.1. Name and Nature of Association. Belle Vista Condominium Unit Owners
Association, Inc. (the "Association") shall be a nonprofit corporation, organized under the laws of
HTPL: 212370.2

the State of North Carolina, and the membership shall be comprised of all of the Unit Owners as
herein provided, which Association shall be governed by the Board as herein provided.
2.2, Place of Meetings. All meetings of -the Association shall 'be held at the Property, or.
at such other place, either within•oi• without the State of North Carolina, as shall be designated in a
notice of the meeting.
2.3. Annual. An annual meeting of the Unit Owners shall be held at 7:00 o'clock p.m.
on the first Monday in May of each year, if not a legal holiday, and ifa legal holiday, then at the
same time on the next business day following the legal holiday, for the purpose ofelecting.membei:s
of the Board and for the. transaction of such other business as may be properly brought before the
meeting.
• 2.4. Substitute Annual Meetings. If the annual meeting shall not be held on the day
designated by the Bylaws, a 'substitute annual meeting may be called in accordance with the
provisions of Section 2.5 of this Article. A meeting so called shall be designated and treated for all
purposes as the annual meeting.
2.5. Special Meeting. Special meetings of the Unit Owners may be called at any time by
the President, a majority ofthe Board, or upon the written request of the Unit Owners owning at least'
20% in Allocated Interest in the Common Elements exclusive of those Units held by the Declarant.
2.6. Notice of Meetings. Written. or printed notice stating the place, day and hour of any
meeting shall be delivered or mailed not less than l 0 days nor more than 50 days prior -to the date
thereof, either personally or by postage prepaid mail, at the direction of the Board, the President; .or
Unit Owners -calling the meeting, to each person entitled to vote at such meeting, and, to all Eligible
Mortgage Holders so requesting under the provisions of Article XI of the Declaration, who may
request a representative to attend the meeting of Unit Owners.
The notice of any meeting must state the time and place of the meeting and the items on the
agenda, including the general nature of any proposed amendment to the Declaration or these Bylaws,
and budget changes, and any proposal to remove Board members or officers.
When a meeting is adjourned for less than 30 days in any one adjournment it is not necessary
to give any notice of the adjourned meeting, other than by announcement at the meeting at which
the adjournment is effective.
2.7. Quorum. The presence in person or by proxy at any meeting of the Voting Members
{as defined in Section 2.8 of this Article) having 10% of the total votes which may be cast for
election of the Board shall constitute a quorum. If there is no quorum at the opening of the meeting
of Unit Owners, such meeting may be adjourned from time to time by the vote of a majority of the
Voting Members present, either in person or by proxy; and at any adjourned meeting the quorum
requirement shall be reduced by 50% of the original quorum requirement and if such quorum is
present, any business may be transacted which might have been transacted at the original meeting.
HTPL: 212370.2
2

The Voting Members at a meeting at which a quorum is present may continue to do business
until adjournment; notwithstanding the withdrawal of enough Voting Members to leave less than a
quorum.
2.8. Voting Rights. There shall be one person with respect to each Owner who shall be
entitled to vote at any meeting of the Unit Owners (the "Voting Member"). The Voting Member may
' be the Unit Owner, or one -of a group composed of alt of the Unit Owners of a Unit, or may be some
other person designated by such Uriit Owner(s) to act as proxy on his or their behalf, and who need
not be an Unit Owner. Each Unit Owner or group of Unit Owners shall be entitled to one vote for
• each Unit owned. No votes allocated to a Unit or Units owned by the. Association may be cast_
2.9. Majority Vote.'The vote of a majority of the Voting Members present at a meeting
at which a quorum shall be present shall be binding upon all Unit Owners for all purposes except
where -a higher percentage vote is required by the Declaration, these Bylaws or by law.
2. 10. Proxies. The Voting Members may vote either in person or by agents duly authorized
by written proxy executed by such Unit Owner or his duly authorized attorney in fact. A proxy shall
be valid only for .the particular meeting designated therein, unless the person executing it specifies
therein the length of time for which it is to continue in force, which time shall not extend beyond one
year from the date of its execution. Unless a proxy otherwise provides, any proxy holder may
appoint in writing a substitute to act in his place. In order to -be effective, all proxies must be dated.
and filed with the Secretary or duly acting Secretary of the Association, either during or prior to the
meeting in question. A proxy is void if it is not dated.
2.11. Waiver ofNotice. Any Voting Member may, at any time, waive notice of any meeting
of the Association in -writing, and such waiver shall be deemed to be equivalent to the giving of such
notice. Attendance by a Voting Member at any meeting of the Association shall constitute a waiver
of notice by him of the time and place thereof, except where a Voting Member attends a meeting for
the express purpose of objecting to the transaction of any business because the meeting was not
lawfully called.
2.12. Informal Action by Unit Owners. Any action which may be taken,at a meeting of the
Association may be taken without a meeting if a consent in writing, setting forth the action so taken,
shall be signed by all of the Voting Members and filed with the Secretary of the Association to be
kept in the Association's minute book.
ARTICLE III
EXECUTIVE BOARD
3.1. Number. The business and property of the Condominium shall be managed and
directed by the Executive Board (the "Board"), composed of three persons, except as hereinafter
provided. The size of the Board may be increased or decreased from time to time upon the
HTPL: 212370.2
3

affirmative vote of three fourths of all Unit Owners, provided that said Board'shall not be less.than'
three in number. In addition, the size of the Board may be increased in the »manner provided for in
Paragraph 3.3 hereof.
3.2. Initial- Members. The initial members of the Board (referred to as "Directors" herein)'
shall be selected by the Declarant, and need not be Unit Owners. Such initial directors shall serve
at the election of the Declarant from the date upon which the Declaration is recorded in the Office
of the Register of Deeds for Mecklenburg County, until such time as their successors are duly elected
and qualified.
•
The names and addresses of the persons who shall serve on the initial Board from the date
upon which the Declaration is so recorded in the Mecklenburg County Public Registry until such
time as their successors are duly elected and qualified, are as follows:
NAME ADDRESS
David A. Cushing
Scott-H.-Binder
Ronda Ratliff
Pulte Home Corporation
11121 Carmel Commons Boulevard
Suite 450
Charlotte, North Carolina 28226
Pulte Home-Corporation-
11121 Carmel Commons Boulevard
Suite 450
Charlotte, North Carolina 28226
Pulte Home Corporation
11121 Carmel Commons Boulevard
Suite 450
Charlotte, North Carolina 28226
3.3.. Election. Notwithstanding anything stated ,to the contrary in the Declaration, the
Articles or the Bylaws, the Townhome Association shall at all times have the right to appoint one
Director. Any Director appointed to the Board of Directors by the Townhome Association shall
serve at the discretion of the Townhome Association and may be removed and replaced at any time
by the Townhome Association. In the event that the Townhome Association shall at any time
decline to exercise its right herein set forth to appoint one Director, and then shall subsequently
determine to re -exercise such right, then the number of members of the Board of Directors shall be
increased to accommodate such member appointed by the Townhome Association at the time he
shall. be so appointed to the Board. Except as provided herein, the directors shall be elected at the
annual meeting of the Association, and those persons who receive the highest number of votes shall
be deemed to have been elected. Notwithstanding anything herein to the contrary, the Board shall
HTPL: 212370.2
4

consist of three Directors during theperiod that Declarant is entitled to appoint -a majority of the
Directors..The Declarant shall have the right to appoint or remove the Directors until -the earlier of
the following three dates: (a) within 120 days after the date by which 75% of the Units (including
any Units which may be created pursuant to Special DeclarantRights) have been conveyed to Unit
purchasers other than Declarant; (b) two years after all Declarants have ceased to offer Units for sale
in the"ordinary course of business, or (c) two' years after any development right to add additional
Units under' the Act was Last exercised.
The Declarant can turn over control of the Association to such Unit Owners other than the
Declarant prior to such dates in its -sole discretion by causing all or part of its appointed Directors
to resign, whereupon it shall be the affirmative obligation of Unit Owners other than the Declarant
to elect Directors and assume control of the Association. Provided at least 30 days notice of
Declarant's decision to cause its appointees to resign is given to Unit Owners, neither the Declarant,
nor such appointees, shall be liable in any manner in connection with such resignations even if the
Unit Owners other than the Declarant refuse or fail to assume control.
Within 60 days after conveyance of 25% of the Units (including Units which may be created
pursuant to Special DeclarantRights) to Unit Owners other than.the Declarant, at least.one Director
and not less -than 25% of the directors of the Board shall be elected by- Unit Owners other than the
Declarant. Within 60 days after conveyance of 50% of the Units (including pnits which may be
created pursuant to Special Declarant Rights) to Unit Owners other than the Declarant, not less than
33% of the Directors of the Board shall be elected by Unit Owners other than the Declarant.
Within 60 day.s after the Unit Owners other than the Declarant are entitled to elect such
Director or Directors, or sooner if the Declarant has elected to accelerate such event as aforesaid, the
Association shall call, and give not less than 10 days nor more than 50 days notice of a meeting of
the Unit Owners to elect such Director or Directors of the Board. The meeting may be called and the
notice given by any Unit Owner if the Association fails to do so.
3.4. Term and Qualification. Each Director shall hold office for the term for which he was
elected, or until his death, resignation, retirement, removal, disqualification or until his successor
is elected and qualified. Each such Director shall serve for a two year term. Nothing herein contained
shall be construed to prevent the election of a Director to succeed himself. Each Director, except
those selected by the Declarant or the Towithome Association pursuant to the Bylaws, shall be one
of the Unit Owners or co -Unit Owners, provided, however, that in the event a Unit Owner is a
corporation, partnership, trust or other legal entity other than a natural person or persons, then an
officer or director of such corporation, partner of such partnership, beneficiary of such trust or
manager of such other legal entity, shall be eligible to serve as a Director.
3.5. Removal. Directors, other than a Director appointed by the Townhome Association,
as provided for in Paragraph 3.3 hereof, may be removed from office with or without cause by the
affirmative vote of at least 67% of the Voting Members. Any Director appointed by the Townhome
HTPL: 212370.2
5

Association may be removed only by the Townhome Association. If any Directors' are so removed,
new Board members may be elected at the same meeting; provided, however, that the person(s)
selected by Declarant cannot be removed without the prior written consent of -Declarant.
• 3.6. -Vacancies.'A vacancy occurring in the Board (other than a vacancy of•a-Director
appointed by the Townhome Association) may be filled by a majority of the remaining Directors,
though less than a quorum, or by the sole remaining director, but a vacancy created by an increase
in the authorized number of Directors shall be filled only by election at an annual meeting or a
special meeting of Unit•Oivners called for that purpose. The Voting Members may elect a Director
- at any time to fill any vacancy not filled by the Board.
In the event that Declarant, in accordance with the rights herein established, selects any
'person to serve on the Board, Declarant shall .have the absolute right at any time, in it's sole
discretion, to replace such person with another person to serve on the Board. Replacement of any
person designated by Declarant to serve on the Board shall be made by written instrument delivered
to any officer of the Association, which instrument- shall specify the name of the person to be
replaced and the name of the person designated as successor to the person so removed from the
Board. The removal of any such Board member and the designation of his successor- shall be
effective immediately upon delivery of such written instrument by Declarant to any officer of the
Association.
3.7. Compensation. The Board shall receive no compensation for their services unless
expressly allowed by the Board at the direction of the Unit Owners other than the Declarant having
two thirds of the total votes.
3.8. Executive Committees. The Board may, by resolution adopted by a majority of the -
number of -Directors -fixed by these Bylaws, designate two or more of its members to•constitute an
executive committee, which committee, to the extent provided in such resolution, shall have and may
exercise all of the authority of the Board in the management of the Condominium.
The Board may, in like manner, create such other committees as it deems necessary and
appropriate in aiding the Board to carry out its duties and responsibilities with respect to the
management of the Condominium.
3.9. Powers and Duties. The Board shall have the powers and duties necessary for the
administration of the affairs of the Condominium, and may do all such acts and things, except such
acts as by law or the Declaration or by these Bylaws may not be delegated to the Board. Such powers
and duties of the Board shall include, but shall not be limited to, the following:
(a) Determining the Common Expenses required for the affairs of the
Condominium, including, without limitation, the operation and maintenance of the Property.
(b) Collecting the Common Expenses from the Unit Owners.
HTPL: 212370.2
6

• Elements. •
(c) Supeivising the operation,, care, upkeep.arid maintenance of the Common
(d) Employing and dismissing the personnel necessary for the maintenance and
operation of the Common Elements.
(e) . Adopting and amending such reasonable rules and regulations as it may deem
advisable for the maintenance, conservation, and beautification of the Property, and for the health,
. comfort, safety, and general welfare of the Unit Owners and occupants of the Property. Written
notice of such rules and regulations shall be given to all Unit Owners and occupants, and the entire
Property shall at all times be maintained subject to such rules and regulations.
(f) Opening bank accounts on behalf of the Condominium and designating the
signatories required therefor,
(g) Selling, mortgaging, voting the votes appurtenantto, or otherwise dealing with
Units acquired by the Association; or its designee, corporate or otherwise, on behalf of all Unit
Owners,subject to the Declaration and other applicable restrictions,.and organizing corporations to
act as designees of the Board in acquiring title.to Units on behalf of all Unit Owners.
(h) Maintaining and repairing any Unit; if such maintenance or repair is necessary
'in the. discretion of the Board or by operation of applicable restrictions to, protect the Common
Elements or any other portion of the Property, and a Unit Owner has failed or refused to perform
such maintenance or repair within a reasonable time after written notice of the necessity of said
maintenance or repair has been delivered or mailed by the Board to said Unit Owner; provided,
however, that the Board shall levy a. specific assessment against such Unit Owner for the costs of
said maintenance or repair, .including a reasonable amount for supervision.
(i) Entering any Unit when necessary in connection with any maintenance or
construction for which the Board is responsible; provided that, except in the event of emergencies,
such entry shall be made during reasonable hours with as little inconvenience to the Unit Owner as
practical, and any damage caused thereby shall be repaired by the Board, with such expenses being
treated as a Common Expense.
(j) Signing all agreements, contracts, deeds, and vouchers for the payment of
expenditures and other instruments in such manner as from time to time shall be determined by
written resolution of the Board. Provided, however, that any contracts or leases executed on behalf
of the Association prior to the passage of control of the Board to the Association must be terminable
by the Association without penalty on not Tess than 90 days written notice. In the.absence of such
determination by the Board, such document shall be signed by the Treasurer and countersigned by
the President.
HTPL: 212370,2
7

(k) Obtaining insurance for the Property, including the Units, pursuant to the.
applicable provisions of the Declaration.
(1) Making or contracting for repairs, additions, and improvements to, or
alterations or restorations of, the Property in accordance with the other provisions of thee Bylaws
and the. Declaration, after damage or destruction by fire or other casualty, or as a result of
condemnation or eminent domain proceeding.
(m)- Contracting for all goods, -services and insurance, paymenf for which is to be
made from the Comrnon Expense fund. -
(n) Instituting, defending, .or intervening in litigation or administrative
proceedings in the name of or on behalf of the Association or two or more Unit Owners on matters
affecting the Condominium.
(o) Borrowing money on behalf of the Condominium, when required in
connection with the operation, care, upkeep, and maintenance of the Common Elements; provided,
however, that the consent of the Unit Owners of at least two thirds of the Units- represented at a
meeting at which a quorum has been attained in accordance with the provisions of these Bylaws shall
be required for the borrowing of any sum in excess of $10,000.
- (p) ' Imposing charges for late payment of assessments and, after notice and an
opportunity to be heard, levying reasonable fines for violations of the Declaration, the Bylaws, or
rules and regulations established by the Association, all in accordance with Sections 47C-3-107 and
47C-3-107.1 of the Act.
(q) At its discretion, authorizing Unit Owners or other persons to use portions of
the Common Elements for private parties and gatherings and imposing reasonable charges for such
private use. .
(r) Exercising (i) all powers specifically set forth in the Declaration, the Articles
of Incorporation, these Bylaws and in the Act, (ii) all powers incidental thereto, and (iii) all other
powers of a nonprofit North Carolina corporation.
- (s) Suspending the right of any Unit Owner to vote as long as said Unit Owner
is delinquent in the payment of Common Expenses or is otherwise in violation of the Declaration
or any exhibits thereto or applicable rules and regulations.
(t) Ensuring that the Association performs on a timely basis all of its duties and
obligations under and pursuant to the Community Declaration and the Easement Agreement,
including, without limitation; paying all amounts which shall be due and payable by the Association
pursuant to the same.
HTPL. 212370.2
8

3.10. Managing Agent. The Board may engage the'.services of any person, firm, or
corporation to act as managing agent at a compensation established by the Board, to perform such
duties.and services as the Board shall authorize, other than the powers set forth in subdivisions (a),
(e), (g), (h), (i), (p) and (q) of Section 3.9 of this Article III. Any management agreement for the
Condominium' shall be terminable by either party without cause and without payment of a
termination fee or penalty upon 90 days or more written notice thereof and the terms of such
agreement may not exceed one year, renewable by agreement of the'pariies for successive one year
periods. Any management agreement shall be terminable by either party for cause upon the giving
ofnot less than 30 days written notice. When professional management has been previously utilized,
any decision to establish self management by the Association shall require the prior consent of 67
percent of the Unit Owners and the approval of 51 percent of the Eligible Mortgage Holders,
counting one vote for each First Mortgage owned.
3.11. Duties of Declarant. Within a reasonable time after Unit Owners other than the
- Declarant elect -a majority of the members of the Board (but not more than 60 days after such event),
the Declarant shall deliver control of the Association and shall deliver to the Association all property
of the Unit Owners and of the Association held or controlled 'by the Declarant, including, if
applicable:
(a) The original or a photocopy of the recorded Declaration of Condominium,
and all amendments thereto. Ifa photocopy is provided, the Declarant must certify by affidavit that
it is a complete copy of the 'actual recorded .Declaration:
Association.
(b) A copy of the Articles of Incorporation. of the. Association.
(c) A copy of the Bylaws of the Association.
(d) The minute books, including all minutes, and other books and records of the
(e) Any rules and regulations which have been adopted.
(f) Resignations of resigning officers and Board members.
(g) Association funds or the control thereof.
(h) A Copy of the plans and specifications utilized in the construction or
remodeling of improvements on the Property and the supplying of equipment, and for the
construction and installation of all mechanical components servicing the improvements and the
Condominium, with a certificate, in affidavit form, of an officer of the Declarant or an architect or
engineer authorized to practice in North Carolina, that such plans and specifications represent, to the
best of their knowledge and belief, the actual plans and specifications utilized in the construction and
HTPL: 212370.2
9

improvement of the Condominium and the 'construction and installation of the mechanical
components'serving the Improvements and the Property.
(I)
(I)
Condominium.
Insurance policies.
Copies of any Certificates of Occupancy which may have been issued for the
(k) Any other permits issued by governmental bodies applicable to the
Condominium in force or issued within one year prior to the date the Unit -Owners take confrol of
the Association.
(I) All written warranties of contractors, subcontractors, suppliers and
manufacturers, if any, that are still effective.
(m) . A roster of Unit Owners and their addresses and telephone numbers, if known,
as shown on the Declarant's records.
(n) . Employment contracts or service contracts in which the Association is.one
of the contracting parties, or service contracts in which the Association or Unit Owners have an
obligation or responsibility, directly-or.indirectly, to pay some or all'of the fee or charge of the
person or persons performing -the service_
(o) All other contracts to which the Association is a party.
ARTICLE IV
MEETINGS OF DIRECTORS
• 4.1•. -Organizational Meeting. The first meeting of the initial Board -designated in these .
Bylaws shall be held at such time as theDeclarant shall determine, but in no event later than one
year from the date of incorporation of the Association. The first meeting of the first Board elected
at that point after which Unit Owners other than the Declarant are entitled to elect a majority of the
directors shall be held within 15 days following the meeting of the Unit Owners at which the Board
was elected. No notice shall be necessary to the newly elected members of the Board in order to
legally constitute such meeting, provided that a quorum is present.
4.2. Regular Meeting. A regular meeting of the Board shall be held immediately after, and
at the same place as, the annual meeting or substitute annual meeting of the Unit Owners. In
addition, the Board may provide by resolution the time and place, either within or without the State
of North Carolina, for the holding of a regular meeting of the Board.
4.3. Special Meetings. Special meetings of the Board may be called by the President, or
by any two Directors. Such meetings may be held either within or without the State of North
Carolina.
HTPL: 212370.2
10

4.4. Notice of Meetings. Regular meetings of the Board may be held without notice. The
person(s) who called a special meeting of directors shall, at least two days prior to said meeting, give
notice thereof by any usual means of communication. Such notice need not specify the purpose for
which the meeting is called.
. 4.5. Waiver of Notice. Any member of the Board may at any time waive notice of any
meeting of.the Board in writing, and such waiver shall be deemed equivalent to the -giving of such
notice. Attendance by a Director- at.any meeting of the Board shall constitute a waiver of notice of
such meeting except where a member attehds the meeting for the express purpose of objecting to the
transaction of any business because the meeting was not lawfully called and he does so object.
4.6. Quorum. A majority of the number of Directors fixed by these Bylaws shall be
required for and constitute a quorum for the transaction of business at any meeting of the Board. The
Directors at a meeting at which a quorum is present may continue to do business until adjournment,
notwithstanding the withdrawal of enough Directors to leave less than a quorum.
• 4.7. Manner of Acting. Except as otherwise provided in -this Article, the act of the
majority of the Directors present at a meeting at which a quorum is present shall be the act of the
Board. A vote of a majority of the number of Directors fixed by these Bylaws shall be required to
adopt a resolution constituting an executive cbmmittee.
-4:8. Organization. Each meeting of the Board shall be presided over by the President, and
in the absence of the President,- by any person selected to preside by -vote of the majority of the
Board members present. The Secretary, or in his absence, an Assistant Secretary; or in the absence
of both the Secretary and the Assistant Secretary,' any person designated by the President of the
meeting shall act as secretary of the meeting,
4.9. Informal Action of Board. Action taken by a majority of the Directors without a
meeting is nevertheless Board action if written consent to the action in question is signed by all of
the Directors and filed with the minutes of the proceedings of the Board, whether done before or
after the action so taken.
4.10. Minutes. The Board shall keep minutes of its proceedings, which shall be available
for inspection by the Unit Owners during reasonable business hours.
4.11. Liability of the Board and Officers. The Directors and the officers provided for in
Article V hereof shall not be liable to the Unit Owners for any mistake of judgment, negligence, or
otherwise, except for their own individual willful misconduct or bad faith:The Unit Owners shall
indemnify and hold harmless each of the Directors and the officers against all contractual liability
to others arising out of contracts made by the Board or the officers on behalf of the Condominium,
unless any such contract shall have been made in bad faith or contrary to the provisions of the
HTPL: 2 12370.2
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Declaration or these 'Bylaws. It is intended that the Director's or any officer shall have no personal
liability with respect to any contract made by them on behalf of the Condominium, except to the
extent that they are Unit Owners and have liability as such. It is also intended that the liability of any
Unit Owner arising out of any contract made by the Board or the officers, or out of the aforesaid
indemnity -in favor of the directors or the officers, shall be Iimited to such proportion of the total
liability thereunder as his interest in the Common Elements bears to the interests of all the Unit
Owners in the Common Elements. Every agreement made by the Board, by the managing agent or
by the officers on behalf of the Condominium shall provide that the members of the Board, the
managing agent or the officers,. as the case may be, are acting only as agents for the Unit Owners:
and shall have no personal liability thereunder.
4.12. Attendance of Unit Owners. Regular meetings of the Board shall not be open to Unit
Owners; provided, however, Unit Owners may request to attend meetings of the Board for a specific
purpose as stated in a written request to the Board, which request shall be considered by the Board
in its sole and absolute discretion.
ARTICLE V
OFFICERS
5.1. Number. The principal officers of the Condominium shall consist of a President, a
Secretary, a Treasurer;and such Vice Presidents, Assistant Secretaries, Assistant Treasurers and
other officers as the Board may'from time to time elect. Any two or more offices may be.held by the
same person, except the offices of President and Secretary.
5.2. Election and Term. The officers of the Condominium' shall be elected by the Board.
The President, Vice President, Secretary and Treasurer shall be elected from among the Board, and
all other officers, ifany, need only be a Unit Owner. The officers elected by the•initial Board are not
required to be Unit Owners. The election of the officers may be held at the regular annual meeting
• of the Board.
Each officer shall hold office for a period of one year, or until his death, resignation,
retirement, removal, disqualification, or until his successor is elected and qualifies.
5.3. Removal. Any officer or agent elected or appointed by the Board may be removed
by the Board, with or without cause.
5.4. Compensation. No officer shall receive any compensation from the Condominium
for acting as such.
5.5. President. The President shall be the principal executive officer of the Condominium,
and, subject to the control of the Board, shall supervise and control the management of the
Condominium- The President shall, when present, preside at all meetings of the Board and of the
Unit Owners and, in general, shall perform all duties incident to the office of President, including
the preparation, execution, certification, and recordation, with the Secretary, of amendments to the
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. Declaration on behalf of the Association, and such other duties as may be prescribed from time to
time by the Board.
5.6. Vice President. The Vice President, and if there be more than one, the Vice
Presidents, designated by the Board, shall, in the absence or disability of the President, have the
powers and perform the duties of said office. In addition, each Vice President shall perform such
other duties acid have such other powers as shall be prescribed by the President or by the Board.
5.7. Secretary. The Secretary shall keep accurate records of the acts and proceedings of
all meetings of Unit Owners and directors. He shall give, or cause to be given, all notices required
by law and by these Bylaws. He shall have general charge of the minute books and records of both
the Association and the Board. He shall sign such instruments as may require his signature, and, in
general, shall perform all duties incident to the office of secretary, including the preparation,
execution, certification, and recordation, with the President, of amendments.to the Declaration on
behalf of the Association, and such other duties as may be assigned him from time to time by the
President of the Board or by the Board.
5.8. Treasurer. The treasurer shall receive and deposit in appropriate bank accounts all
Condominium funds and securities, and shall receive, deposit or disburse the same under the
direction of the Board. He shall keep full and accurate accounts of the finances of the Condominium
.in books especially provided for that purpose. He shall cause a true statement of its assets and
liabilities as of the close of each fiscal year, and of the results of its operations and changes in
surplus for each fiscal year, all in reasonable detail, to be prepared and distributed to all Unit Owners
and members of the Boardon or before the 15th day of the second month following the close of each
fiscal year. The statement so filed shall be kept available for inspection by any Unit Owner for a
period of three years. The Treasurer shall also prepare and file all reports and returns required by
federal, state or local law, and shall perform all other duties as may be assigned to him from time
to time by the President of the Board or by the Board.
5.9. Assistant Secretaries and Treasurers. The Assistant Secretaries and Assistant
Treasurers, if any, shall, in the absence of the Secretary and Treasurer, respectively, have all the
powers and perform all of the duties of those officers, and they shall perform such other duties as
shall be assigned to them by the Secretary or the Treasurer, respectively, or by the President or by
the Board.
ARTICLE VI
OPERATION OF THE PROPERTY
6. I . Assessment and Determination of Common Expense . The Board shall from time to
time, and at least annually, prepare a budget for the Condominium, for the purpose of determining
the amount of the Annual Assessments to be collected from the Unit Owners in order to provide for
the Common Expenses of the Condominium, and allocate and assess such Common Expenses
HTPL: 212370.2
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among the Unit Owners, according to their Percentage of Interest in the Common Elements as set
forth in the Declaration, taking into consideration any expected income and any surplus from the
prior year's operations. The Common Expenses shall include, without limitation: the expenses, costs
and charges incurred in connection with the administration, operation and management of the
Condominium property; all amounts which shall be the obligation of the Association pursuant to the
Community Declaration and the Easement Agreement; the cost of maintenance, repair, replacement
and restoration of the Common Elements, or any part thereof; the cost of all insurance premiums on
all policies of insurance required to be or which have been obtained by the Board pursuant to the
provisions of the Declaration; suchamounts as the Board may deem proper for the convenience,
comfort and well being of the Unit Owners, and for the operation, management and maintenance of
the Property, including, without limitation, an amount for working capital of the Condominium, for
a general operating reserve, for a reserve fund for replacement or improvement to the Common
Elements and those Limited Common Elements the Association -is obligated to maintain, and to
make up any deficit in the Common Expenses for any prior year; in proper cases, the cost of
administration and of maintenance and repair of the Limited Common Elements; and any other
expenses lawfully agreed •upon.
In establishing a reserve fund for replacements, theBoard shall take into account the number
and nature of replaceable assets, the expected -life of each asset and the expected repair or
replacement cost. The Board shall then set the required capital contribution in an amount sufficient
to permit meeting by equal annual installments over the applicable period the projected capital needs
of the Association with respect to both amount and timing'.
Within 30 days ,after adoption by the Board of any proposed budget for the Condominium,
•the Board shall provide a summary of the budget to all Unit Owners and shall give notice of a date
fora meeting of the Unit Owners to consider ratification ofthe budget not less than 14 nor more than
30 days after mailing of the summary and -notice. Notwithstanding Section 4.6 of these Bylaws, a
quorum need not be present at the meeting. The budget is ratified unless at the meeting a majority
of all the Unit Owners (whether or not present at the meeting) votes to reject the budget. In the event
the proposed budget is rejected, the periodic budget last ratified shall be continued until such time
as the Unit Owners ratify a subsequent budget proposed by the Board.
6.2. Payment of Assessments. All Unit Owners shall be obligated to pay (a) Annual
Assessments of Common Expenses assessed by the Board pursuant to the provisions of Section 6.
1; (b) special assessments to be established and collected as provided herein, and (c) specific
assessments against any Unit which are established pursuant to the terms of these Bylaws. Annual
Assessments shall be due and payable in monthly installments on the first day of every month. A late
payment charge in an amount to be determined by the Board shall be assessed for any installment
not paid by the tenth of the month. Any installment not paid during the month in which it is due shall
be subject to the late payment charge and shall accrue interest as provided in Section 6.5, and shall
constitute a lien on the Unit as provided in Section 6.6.
No Unit Owner shall be liable for the payment of any part of the Common Expenses assessed
against his Unit subsequent to a sale, transfer or other conveyance by him (made in accordance with
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the provisions of the Declaration and applicable restrictions of record) of such Unit, together with
his interest in the Common Elements (and Limited Common Elements, ifany). A purchaser of a Unit
shall be jointly and severally liable with the seller for the payment of Assessments assessed against
such Unit prior to the acquisition by the purchaser of such Unit only if the purchaser expressly
assumes such obligation in writing; provided, however the lien assessed against such Unit shall
remain in full force and effect. Any such purchaser shall be entitled to •a statement from the Board
setting forth the amount of the unpaid Assessments against the seller, and the Unit conveyed shall
not be subject to a lien for any unpaid assessments in excess of the amount shown on the statement.
Provided, however, that First Mortgagee or other.purchaser of a Unit at a foreclosure sale of such
Unit or First Mortgagee who takes a deed in lieu of foreclosure shall not be liable for, and such Unit
shall not be subject to, a lien for the payment of Common Expenses assessed prior to the foreclosure
sale or deed in lieu of foreclosure. Such unpaid Common Expenses shall be deemed to be Common
Expenses collectible from all of the Unit Owners, including such purchaser, his successors and
assigns.
6.3. Special Assessments. The Association may levy Special Assessments for Common
Expenses not covered by the Annual 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 Elements, including fixtures and personal property related
thereto, provided that any such Assessment shall have the assent of two thirds of the Voting
Members at a meeting duly called for this purpose. Such Special Assessments shall be charged to
the Units according to their Allocated Interests in the Common Elements. In addition, the Board may
levy Special Assessments against one or more, but Iess -than all, -of the Units to cover repairs or
maintenance for which such Unit Owner or Unit Owners are responsible and which .they have failed
to make, or for repairs or maintenance required of a Unit Owner or Unit Owners which impair the
value of the Common Elements or the Unit or Units, or expenses which are incurred in the abatement
of or as a result of a violation by a Unit Owner or Unit Owners of the provisions of the Declaration,
the Bylaws or the Rules and Regulations, or for fines levied for said violations, or where the Board
has purchased a Unit on behalf of one or more Unit Owners. The period of assessment and manner
of payment of such assessment shall be determined by the Board.
6.4. Collection of Assessments. The Board shall determine Common Expenses against
the Unit Owners from time to time, at least annually, and may, as the Board shall determine, take
prompt action to collect any Assessments due from any Unit Owner which remain unpaid for more
than 30 days from their due date.
The Board shall notify Eligible Mortgage Holders pursuant to the provisions of the
Declaration of any amount assessed pursuant to these Bylaws which remains unpaid for more than
60 days from its due date, and in any other case where the Unit Owner of such Unit is in default with
respect to the performance of any obligation hereunder for a period in excess of 60 days.
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.6.5. Default in Payment of Assessment. In the event of default by any Unit Owner in
paying any amounts assessed by the Board, such Unit Owner shall be obligated to pay a late payment.
charge as established by the. Board from time to time, and interest at the rate of 18% on such
amounts from Their due date; together with all expenses, including attorneys' fees (as permitted by
law), incurred by the Board in collecting such unpaid sums. If a Unit Owner shall be in default in
payment of an installment of an Assessment, including but not limited to, the monthly installment
based on the annual budget, the Board may accelerate the remaining installments upon ten days'
written notice to such Unit Owner, whereupon the entire unpaid balance of such Assessment shall
become due upon the date stated in such notice.
The Board may appoint an Adjudicatory Panel composed of five (5) Unit Owners, which may
include members of the Board. The Adjudicatory Panel shall have the authority to levy fines not to
exceed One Hundred and Fifty ($150.00) per violation for a violation of the Declaration, these
Bylaws, or any Rules and Regulations enacted by the Board. Prior to the imposition of any such
fine, the Adjudicatory Panel shall send to the defaulting Unit Owner written notice of the proposed
fine and notice of the date, time and location for a hearing before the Adjudicatory Panel at which
time the defaulting Unit Owner and the panel may present evidence. The notice of hearing shall be
delivered personally or sent by certified mail before the hearing date. The Adjudicatory Panel shall
provide the defaulting Unit Owner written notice of its decision once it is reached. The fine shall
be an assessment secured by a lien under Section 47C-3-116 of the Act.
6.6. Lien and Personal- Obligation. Each Assessment provided for in this Article, together
with late payment charges, interest and expenses, including attorneys' fees (as permitted by law),
shall be a charge on and a continuing lien upon the Unit against which the Assessment is made when
a notice of such lien has been filed of record in the 'office of the Clerk of Superior. Court of
Mecklenburg County, North Carolina, in the manner provided by Article 8, Chapter 44, of the North
Carolina General Statutes, provided such notice of lien shall not be• recorded until such •sums
assessed remain unpaid for a period of 30 days after the same shall become due. Said notice of lien
shall also secure all Assessments against the Unit becoming due thereafter until the lien has been
satisfied. Said lien may be foreclosed in the manner as a deed of trust on real property. In addition,
each Unit Owner shall be personally liable for any Assessment against his Unit becoming due and
payable while he is the Unit Owneryf such Unit.
6.7. Priority of Assessment Lien. The lien of the Assessments provided for in this Article
shall be prior and superior to all other liens except (a) ad valorem taxes and (b) all sums unpaid on
deeds of trust, mortgages or other encumbrances against the Unit prior to the docketing of the
Assessment lien. The sale or transfer of any Unit shall not affect the Assessment lien against such
Unit. Provided, however, the sale of a Unit pursuant to the foreclosure sale or execution sale
instituted by a superior lien holder or conveyance to Mortgagees by deed in lieu of foreclosure shall
extinguish the inferior Assessment lien against the subject Unit but no such sale or transfer shall
relieve each Unit from liability for any Assessments thereafter becoming due or for any future lien
in connection therewith. The Association shall share in the excess, if any, realized by the sale of any
Unit pursuant to a foreclosure or action instituted by a superior lien holder, to the extent of its lien.
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6.8. Unit Owners Non -Use. No Unit Owner may exempt himself from liability for
Assessments and his other obligations to the Association by waiver of the use or enjoyment of any
portion of the Common Elements or by the abandonment or sale of his Unit.
6.9. Foreclosure of Liens for Unpaid Assessments. The Board, acting on behalf ofthe
Association, or on behalf of anyone- or more individual Unit Owners, if so instructed, shall have the
power to purchase such Unit at the foreclosure sale and to acquire, hold, lease, mortgage, vote the
votes appurtenant to, convey or otherwise deal with the same, subject, however, to applicable
restrictions of record. A suit to recover a money judgment for unpaid Assessments shall.•be
maintainable.without foreclosure or waiver of the Assessment lien. Where a First Mortgagee or the
purchaser of a Unit obtains title to the Unit as a result of foreclosure of a mortgage, such purchaser,
its successors and assigns, shall not be liable for the share of the Common Expenses or Assessments
by the Board chargeable to such Unit which became due prior to the acquisition of title to such Unit
by such purchaser. Such unpaid share of Common Expenses or Assessments shall be deemed to be
a Common Expense collectible from all Unit Owners, including such purchaser, its successors and
assigns.
6.10. Statement of Common Expense.The Board shall promptly provide to any Unit Owner
so requesting in writing a written statement of all unpaid charges due from such Unit Owner, for
which it may impose a reasonable charge at its discretion.
6.11. Abatement and Enjoinment of Violations by Unit Owners. The violation of any rule.
or regulation adopted by the Board, the breach of any Bylaw contained herein, or the breach of any
provision of the Declaration, shall give the Board the right, in addition to any other rights set forth
in these Bylaws: (a) to enter the Unit in which, or as to which, such violation or breach exists, and
to make any repairs, and to summarily abate and remove, at the expense of the defaulting Unit
Owner, any structure, thing, or condition which may exist therein contrary to the intent and meaning
of the provisions hereof, and the Board shall not thereby be deemed guilty in any manner of trespass,
but no items of construction shall be altered or demolished pursuant to this authority before judicial
proceedings are instituted; (b) to enjoin, abate, or remedy by appropriate legal proceedings, either
at law or in equity, at the expense of the defaulting Unit Owner, the continuance of any such breach;
(c) in any case of flagrant or repeated violation by a Unit Owner, to require such Unit Owner to give
sufficient sureties for his future compliance with such Condominium documents; or (d) after notice
and an opportunity to be heard, to levy reasonable assessments and fines in accordance with Sections
47C-3-107 and 47C-3-107.1 of the Act for such violations. The failure of the Board or Adjudicatory
Panel to so act with respect to any such violation or breach shall not be deemed a waiver of the
Board's or Adjudicatory Panel's right to act with respect to the same or any other breach.
6.12. Maintenance and Repair.
(a) Each Unit Owner shall maintain, repair, and replace, at his sole cost and
expense, all portions of his Unit which may become in need of maintenance, repair, or replacement,
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• including the components of the heating and air conditioning system within and appurtenant to each
Unit, if any, all bathroom and kitchen fixtures and appliances, light fixtures, interior, non-
- loadbearing walls, doors, floors, ceilings, carpeting, drapes and other items within the Unit, whether
structural or nonstructural, ordinary or extraordinary (other than maintenance of and repairs to any
Common EIements not specifically set forth herein contained therein and not necessitated by The
negligence, misuse or neglect of the Unit Owner, his employees, guests, agents, servants, lessees,
invitees or contractors). Each Unit Owner shall clean the•Limited Common Elements appurtenant
to his Unit and replace all light bulbs in fixtures (ifany) located in such Limited Common Elements.
Each Unit Owner shall be responsible for replacing all heating and air conditioning filters, if any,
required in his Unit. Each Unit Owner shall further be responsible for all damages to any and all
other Units and/or to the Common Elements which his failure to undertake his maintenance
responsibility may cause. All damages to the Common Elements or other Units intentionally or •
negligently caused by the Unit Owner, his employees, guests, agents, servants, lessees, invitees or
contractors shall be promptly repaired by the Unit Owner at.his sole cost and expense; provided that
there is excluded from the provisions contained in this section such repairs necessitated by casualties
insured against by the Association to the extent the Association receives insurance proceeds for such
repairs. The Unit Owner shall be in said instance required to pay such portion of the costs of such
maintenance, repair and replacement as shall exceed the amount of the applicable• insurance
proceeds. If the Unit Owner does not make those repairs to be made .by him within 30 days from
written demand by the Board, the same may be repaired by the Board, and the cost thereof shall be
assessed against the Unit owned by the subject Unit Owner.
(b) The Association, through its Board, shall maintain, repair and replace -all
portions of the Common Elements and Limited Common Elements (except as provided'in Section
6.12(a) above or in the Declaration) which shall require same, whether located inside or outside of
the Units (unless necessitated by the negligence, misuse or neglect of a Unit Owner, his employees, .
guests, agents, servants, lessees, invitees or contractors, in which case such expense shall be charged
to such Unit Owner, or unless herein provided to the contrary), and the cost thereof shall be charged
to all the Unit Owners as a Common Expense.
6.13. Restrictions on Unit Owners. No Unit Owner shall perform or cause to be performed
any maintenance, repair or replacement work which disturbs the rights of the other Unit Owners,
jeopardizes the soundness or the safety of the Condominium property, or reduces the value thereof.
Each Unit Owner shall cause any work so performed or being performed on the Unit, which, in the
sole opinion of the Board, violates the terms of this section, to be immediately corrected, and he shall
refrain from recommencing or continuing any such work without written consent of the Board.
6.14. Duty to Report. Each Unit Owner shall promptly report to the Board or its agent any
defect or need for repairs or replacement the responsibility for which is that of the Association.
6.15. Additions, Alterations or Improvements by the Association. Whenever in the
judgment of the Board, the Common Elements shall require additions, alterations or improvements;
the Board shall proceed with such additions, alterations or improvements, and shall assess all Unit
HTPL: 212370.2
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- Owners for the costs thereof, as a Common Expense, subject, however, to the provisions of Sections
6.1 and 6.3.
6.16. Additions or Improvements by Unit Owners. No Unit Owner shall make any
addition, alteration or improvement in or to his Unit which impairs the structural integrity or
. mechanical systems or lessens the support of any part of the'Condominium. No Unit Owner shall"
make any addition, alteration or improvement which affects the exterior portion or outward
. appearance of such Unit, without the prior written consent thereto of the Board. The Board shall
have the obligation to answer any Written request by a Unit Owner for approval of a proposed
addition, alteration or improvement in or to such Unit Owner's Unit within 30 days after such
request, and failure to do so within the stipulated time shall constitute a consent by the Board to the
proposed addition, alteration or improvement.
6.17. Use of Conunon Elements and Facilities. A Unit Owner shall not interfere with the
use of the Common Elements- by the remaining Unit Owners and their employees, guests, agents,
servants, lessees, invitees, or contractors.
• 6.18. - Conveyance or Encumbrance of Common Elements. All or portions of the Common
Elements may be conveyed or subjected to a security interest by the Association in accordance with -
the provision of Section 47C-3-112 of the Act.
6.19. Right of Access. Unit Owner shall grant a right of access to his Unit to the managing
agent and/or any other person authorized by the Board or the managing agent, for the purpose of
-making inspections or for the purpose of correcting any condition originating in- his Unit- and .
threatening another Unit or a Common Element, or for the purpose of -performing installations,
alterations or repairs to the mechanical or electrical services or other Common Elements in his Unit
or elsewhere in the Buildings, or to correct any condition which violates the provisions of any .
mortgage covering another Unit, provided that requests for entry are made in advance, and that any
such entry is at a time reasonably convenient to the Unit Owner. In the case of an emergency, such
right of entry shall be immediate, whether or not the Unit Owner is present at the time such request
for entry is made, and whether or not such entry is at a time reasonably convenient to the Unit
Owner.
6.20. Rules of Conduct. Rules and Regulations concerning the use of the Units and the
Common Elements may be promulgated and amended by the Board. Such Rules and Regulations
shall be equally applicable to all Unit Owners and shall be uniform in their application and effect.
Copies of such Rules and Regulations shall be furnished by the Board to each Unit Owner prior to
their effective date.
6.21. Remedies Cumulative. All rights, remedies and privileges granted to the Association
or the Unit Owner or Unit Owners of a Unit pursuant to any terms, provisions, covenants or
conditions of the Condominium Documents shall be cumulative, and the exercise of any one or more
HiTPL: 212370.2
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shall not constitute an election of remedies, nor shall it preclude the party thus exercising the same
from exercising such other and additional rights, remedies or privileges as may be available to such
party at law or in equity.
6.22. Nonwaiver ofRemedies.-
(a) The failure of the Association or any Unit Owner to enforce any right,
provision, covenant or condition which may be granted by the Condominium Documents shall not
constitute a waiver of the right of the Association or the Unit Owner to enforce such right; provision,
covenant or condition in the future.
(b) The failure of Declarant to enforce any right, privilege, covenantor condition
which may be granted to it by the Condominium Documents shall not constitute a waiver of the right
of Declarant to thereafter enforce such right provision, covenant or condition in the future.
(c) The failure of a First Mortgagee to enforce any right, provision, privilege,
covenant or condition which may be granted to it or them by the Condominium Documents shall not
constitute a waiver of the right of said party or parties to thereafter enforce such right, privilege,
covenant or condition in the future.
ARTICLE VII
RECORDS AND AUDITS
7.1. Reports. The Board shall keep detailed records of the actions of the Board and the
managing agent minutes of the meetings of the Board, minutes of the meetings of the Association,
.and financing records and books of account of'the Condominium, including a chronological listing
of receipts and expenditures, as well as a separate account for each Unit which; among other things,
shall, contain the amount of each Assessment against each Unit, the date when due, the amounts paid
and the balance remaining unpaid. A current copy of the Declaration, Articles of Incorporation of
the Association, these Bylaws, any currently effective Rules and Regulations, and the Association's
books, records and financial statements shall be available for examination by all Unit Owners, their
duly authorized agents or attorneys, and all holders, guarantors, or insurers of First Mortgages
secured by Units, their attorneys and authorized agents, at convenient hours during normal business
hours that shall be set and announced for general knowledge. A written annual summary of all
receipts and expenditures of the Condominium shall be rendered by the Board to all Unit Owners
on or before the 15th day of the second month following the close of each fiscal year. In addition,
an annual report of the receipts and expenditures of the Condominium shall be rendered by the Board
to all Unit Owners and to all Eligible Mortgage Holders who have requested the same, promptly after
the end of each fiscal year.
7.2. Common Expense Funds. All sums collected by the Association, either as
Assessments for the Common Expenses or as Special Assessments may be commingled in a single
fund, but they shall be held for the Unit Owners for the purposes for which they are paid, and shall,
subject to the right ofwithdrawaI or refund provided herein, be credited to accounts from which shall
HTPL: 212370.2
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be paid the charges for which the Assessments are made. Such accounts shall include the following,
Or such other and further accounts as the Board from time to time shall determine:
(a) General Common Expense Account to which shall be credited collection of that
portion of the Common Expense Assessments received for defraying the costs of operating the
Condominium on a day today basis, including normal maintenance and repairs; insurance and.
related charges; and
- • (b) Capital Reserve Account to which shall be credited,,a11 sums collected which are to
be allocated for capital expenditures for the reconstruction, repair and replacement of Common
Elements at a future date.
All sums collected by the Association during the fiscal year, either as assessments of the
Common Expenses or as special assessments, and allocated to the General Common Expense
Account or to any other account from which non -capital expenditures may be made, in excess of
expenditures during such fiscal year made from or chargeable to said account or accounts shall be
deemed contributions to capital at the end of said fiscal year, and shall be transferred to the Capital
Reserve Account. All.amounts credited to said Capital Reserve Account shall be contributions to
capital, and shall be held in trust by the Association for future expenditures of a capital nature, and
shall serve to reduce the Assessments required for said capital expenditures.
7.3. -Audits. All books of account and financial records shall be kept in accordance with
good and acceptable accounting practices. -
ARTICLE VIII
• AMENDMENTS TO BYLAWS
8.1. Notice. Notice of the subject matter of a proposed amendment shall be included in
the notice of a meeting at which a proposed amendment is to be considered.
8.2 Adoption. A resolution for the adoption of a proposed amendment may be proposed
either by a majority of the Board or by not less than one third of the members of the Association.
Directors and members of the Association not present in person or by proxy at the meeting
considering the amendment may express their approval in writing provided that such approval is
delivered to the Secretary at or prior to the meeting. The approval must be by not Iess than a majority
of the votes of members of the Association represented at a meeting at which a quorum has been
attained.
8.3. Limitation. No amendment may be adopted which would eliminate, modify,
prejudice, abridge, or otherwise adversely affect any rights, benefits, privileges or priorities granted
or reserved to the Declarant or Eligible Mortgage Holders without the consent of said Declarant and
Eligible Mortgage Holder in each instance. No amendment shall be made that is in conflict with the
I-ITPL: 212370.2
2I

Articles of Incorporation of the Association or Declaration without satisfaction of the requirements
therein contained. So long as the Declarant controls the Association and the Veterans Administration
holds or insures any First Mortgage on a Unit, the Veterans Administration shall have the right to
veto any amendment to the Bylaws. No amendment to this Section shall be valid.
8.4. Execution and Recording. A copy of each amendment shall be attached to a
certificate certifying that the amendment was duly adopted as an amendment to the Declaration and .
Bylaws, which certificate shall be executed by the President or Vice President and attested by the
Secretary or Assistant Secretary of the Association with the formalities ofa deed, or by the Declarant
alone if the amendment has been adopted consistent with the provisions of the Declaration allowing
such action by the Declarant. The amendment shall be effective when .the certificate and a copy of
amendment is recorded in the Office .of the Register of Deeds for Mecklenburg County, North
Carolina.
ARTICLE IX
CONDEMNATION
9.1. General. Whenever all or any part of the Condominium Property shall be taken by
any authority having the power of condemnation or eminent domain, each Unit Owner and all
Eligible Mortgage Holders shall be entitled to notice thereof and to participate in the proceedings
incident thereto unless otherwise prohibited by law. The award made for such taking shall be payable
to the Association. Unless otherwise provided by law at the time of such taking, any award made
therefor shall be disbursed by the Association as provided in this Article IX
9.2. Common Elements. If the taking is confined to the Common Elements (general or
limited) on which improvements shall have been constructed, and at least 80% of the'total vote of
the menthers of the Association entitled to vote shall vote within 60 days after such taking to replace
the improvements, or any part thereof, on the remaining land included in the Common Elements
(general or limited) and according to the plans therefor first approved by the Association, then the
Board shall arrange for such replacement and the Association shall -disburse the proceeds of such
award in the same manner as they are required to disburse insurance proceeds where damage or
destruction to the Common Elements (general or limited) is to be repaired or reconstructed as
provided for herein; subject, however, to the right hereby reserved to the Association to provide by
a majority vote of the Voting Members, for the disbursement by the Association of the remaining
proceeds held by it (after the payment of all costs incident to such replacement) to the Unit Owners,
or to any one or more of them or to their institutional lenders as their interests may appear in
amounts disproportionate to their percentages of undivided interest in the Common Elements
(general or limited) established herein, which disproportionate amounts shall correspond with the
disproportionate damage sustained by the Unit Owners or any one or more of them as the
Association may determine. If at least 80% of the Voting Members shall not decide within 60 days
after such taking to replace said improvements, or if the taking is confined to the Common Elements
(general or limited) oh which no improvements shall have been constructed, then the Association
shall disburse the proceeds of the award provided for the disbursement of the remaining proceeds
of an award after payment of all costs incident to replacement of improvements taken has been made,
HTPL: 212370.2
22

including the right reserved to the Association to' provide for the disbursement of the remaining
proceeds held by it to the Unit Owners in disproportionate amounts. All disbursements made under
this Section 9.2 shall be in strict compliance with Section 47C-1-107 of the Act.
9.3.. Units. If the taking includes one or more Units, or any part or parts thereof, whether
or not there is included in the taking any part of the Common Elements (limited or general), then the.
award shall be disbursed and all related matters shall be handled pursuant to and in accordance with
the consent of all Unit Owners and First Mortgagees affected, and thereafter the Board shall
reallocate that Unit's Allocated Interests in a duly recorded amendment to the Declaration of
Condominium in accordance with Section 47C-1-107 of the Act.
9.4. Termination. The Board shall call a'meeting of all Unit Owners at least 45 days prior
to any final taking by the condemning authority to determine the action to be taken pursuant to
Sections 9.2 and 9.3 above. Except in the event of a taking of all the Units by eminent domain, in
the event the condemnation involves more than 10% of the value of the Common Elements (limited
or general) and/or more than 15% of the total value of all Units, the Condominium may be
terminated at such meeting by Written approval of not less than 80% of the Voting Members. Any
termination agreement shall be in compliance with 47C-2-118 of the Act.
ARTICLE X
MISCELLANEOUS
10.1. Ad valorem Taxes. Each Unit shall be deemed to be a separate parcel and shall be
separately assessed and taxed; Each Unit Owner shall be liable solely for the amount of tax assessed
against his Unit and shall not be affected by the consequences resulting from the tax delinquency of
other Unit Owners. All tangible personal property owned by the Association in connection with the
maintenance, upkeep and repair of the Common Elements shall be listed for said taxes in the name
of and paid by the Association. Each Unit Owner is also responsible for his pro rata share of taxes
assessed on his portion of the Common Elements, if any.
10.2. Notification to Mortgagee . Any Unit Owner who mortgages his Unit shall notify the
Association of the name and address of the mortgagee, and the Association shall maintain such
information in a book entitled "Mortgagees of Condominiums." In addition to any other notification
provided for in the Declaration or these Bylaws, the Association may, at the written request of a
mortgagee of any such Unit, report any unpaid assessments due from the Unit Owner of such Unit.
The Association shall notify each mortgagee appearing in said book of the name ofeach company
insuring the Condominium Property under the master policy and the amounts of the coverages
thereunder.
10.3. Severability. Invalidation of any covenant, condition, restriction or other provision
of the Declaration or these Bylaws shall not affect the validity of the remaining portions thereof
which shall remain in full force and effect.
HTPL: 212370.2
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10.4. Successors Bound. The rights, privileges, duties and responsibilities set forth in the
Declaration or these Bylaws, .as amended from time to time, shall run with the ownership of the
Property and shall be binding upon all persons who own or hereafter acquire any interest in the
Property.
10.5. Gender, Singular, Plural. Whenever the context so permits, the use of the singular or
plural shall be interchangeable in meaning and the use ofany gender shall be deemed to include all
. genders.
10.6. Principal Office; Registered Office. The initial principal office and registered office
of the Association shall be located at 11121 Carmel Commons Boulevard, Suite 450, Charlotte,
North Carolina 28226.
10.7. Other Offices. The Association may have other offices at such other places within
North Carolina as the Board may from time to time determine or as the affairs of the Association
may require.
10.8. Seal. The seal of the Association shall contain the name of the Association, the word
"Seal," the state of incorporation and such other words and figures as are desired'by the Board.
When obtained, the seal shall be impressed in the margin of this Section of the Bylaws.
10.9. Fiscal Year. The fiscal year of the Association shall be the calendar year.
10.10. Distribution of Assets upon Dissolution. Upon dissolution of the corporation, the
assets thereof shall, after all liabilities and obligations of the corporation have been paid, or adequate •
provision made therefor, be dedicated to an appropriate public agency to be used for purposes similar
to those for which the corporation was created or, in the event that such dedication is refused
acceptance, distributed to any association or associations organized for purposes similar to those set
forth herein.
Approved this day of February, 2004.
e.
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, Secretary
24

EXHIBIT F
TO DECLARATION OF •
BELLE VISTA CONDOMINIUM
ARTICLES OF INCORPORATION
• OF .
BELLE VISTA CONDOMINIUM
OWNERS ASSOCIATION, INC.
In compliance with the requirements of Chapter 55A of the North Carolina General Statutes,
the undersigned, who is a resident of Mecklenburg County, North Carolina and is of the age of
eighteen (18) years or more, does hereby make and acknowledge these Articles of Incorporation for
the purpose of forming a corporation not for profit and does hereby certify:
ARTICLE I
NAME
The name of the corporation is Belle Vista Condominium Owners Association, Inc.
(hereinafter referred to as the "Association").
ARTICLE II•
DURATION
The corporation shall have.perpetual duration.
ARTICLE III
PURPOSES
The purposes for which the corporation is organized are:
(a) To provide for the management, maintenance, preservation, administration and
operation of Belle Vista Condominium, a condominium organized pursuant to Chapter 47C of the
North Carolina Statutes, the North Carolina Condominium Act, as set forth in that certain
Declaration of Condominium to be recorded in the Office of the Register of Deeds for Mecklenburg
County, North Carolina (the "Declaration");
(b) To promote the health, safety and welfare of the "Unit Owners" (as defined in the
Declaration) and residents within the jurisdiction of the corporation;
HTPL: 212370.2
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(c) To carry out and perform all of the duties and. obligations of the Association pursuant
to that certain Deed of Conveyance and Declaration of Easements, dated October 10, 2003, by and
between Pulte Home Corporation and Ballantyne Commons Townhomes Association, Inc. recorded
in Book 16271 at Page 877 in the Mecklenburg County Public Registry; and
(d) To engage in any and all lawful activities incidental to the foregoing purposes, except
as restricted herein.
ARTICLE IV
NON-PROFIT QUALIFICATIONS
This corporation does not contemplate pecuniary gain or profit to the members thereof, and
it is organized for non-profit purposes. It is intended that this corporation qualify as an exempt
organization under the provisions of Chapter 55A of the North Carolina General Statutes and as a
homeowners association under the provision of Section 528 of the Internal Revenue Code. No part
of the net earnings of the corporation shall.inure to the benefit of any member or individual
ARTICLE V
DISTRIBUTION OF ASSETS UPON DISSOLUTION
Upon dissolution of the corporation, the assets thereof shall, after all liabilities and
obligations of the corporation have been paid, or adequate provision made therefore, be dedicated
to an appropriate public agency to be used for purposes similar to those for which the corporation
was created or, in the event that such dedication is refused acceptance, distributed to any association
or associations organized for purposes similar to those set forth in Article III above, all in accordance
with any further provisions of the bylaws of the corporation.
ARTICLE VI
MEMBERSHIP AND VOTING RIGHTS
The corporation shall have members. Such membership shall be limited to the owners of
condominium units in Belle Vista Condominium, and every owner of a unit shall automatically be
a member of the corporation. Membership in the Association is appurtenant to, and inseparable
from, ownership ofa condominium unit in Belle Vista Condominium. The foregoing is not intended
to include persons or entities who hold an interest merely as security for the performance of an
obligation.
ARTICLE VII
REGISTERED AGENT AND OFFICE
The address of the principal and initial registered office in the State of North Carolina is:
HTPL: 2I 2370.2
2

ARTICLE X
AMENDMENTS
These Articles of Incorporation may be amended as provided by the provisions of Chapter
55A of the North Carolina General Statutes, provided that no amendment shall conflict with the
Declaration or the North Carolina Condominium Act, Chapter 47C of the North Carolina General
Statutes.
ARTICLE XI
INCORPORATOR
The name and address of the. incorporator is as follows:
H. David Powell
Horack Talley Pharr & Lowndes, P.A.
2600 One Wachovia Center
301 South College Street, Suite 2600
Charlotte, North Carolina 28202-6038
IN WITNESS WHEREOF, for the purposes of forming this corporation under the laws of
the State of North Carolina, I, the undersigned, being the incorporator of this Association, have
executed these Articles of Incorporation this day of , 2004.
I-ITPL: 212370.2
(SEAL)
H. David Powell, Incorporator
4

STATE OF NORTH CAROLINA
ACKNOWLEDGMENT
COUNTY OF MECKLENBURG
This is to certify that on this day of , 2004, before me,
, a Notary Public of Mecklenburg County, North
Carolina, personally appearedH. David Powell who executed the foregoing Articles of Incorporation
of Belle Vista Condominium Owners Association, Inc, and I having first made known to him the
contents thereof, he did acknowledge that he signed, sealed and delivered the same as his voluntary
act and deed for the uses and purposes therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and seal, this day of
, 2004.
[AFFIX NOTARY SEAL]
HTPL: 212370.2
Notary Public
My Commission Expires:
5

THIS INSTRUMENT PREPARED BY:
Charles E. Murphy, Jr., Esq.
Powell, Goldstein, Frazer & Murphy LLP
191 Peachtree Street, NE
Sixteenth Floor
Atlanta, Georgia 30303-1736
WHEN RECORDED RETURN TO:
H. David Powell, Esq.
Horack, Talley, Pharr & Lowndcs
2600 One First Union Center
301 South College Street
Charlotte, North Carolina 28202-2619
DEED OF CONVEYANCE
- AND
DECLARATION OF EASEMENTS
THIS DEED OF CONVEYANCE AND DECLARATION OF EASEMENTS
is made on thisbatSay of October, 2003 by and between PULTE HOME
CORPORATION, a Michigan corporation ("Pulte"), and BALLANTYNE
COMMONS TOWNHOMES ASSOCIATION, INC., a North Carolina corporation
(the "Association").
WITNESSETH:
WHEREAS, on April 30, 2001 Pulte executed and recorded in the Register of
Deeds of Mecklenburg County, North Carolina in Book 13178, Page 861 that certain
Declaration of Covenants and Restrictions for Ballantyne Commons Townhomes (the
"Ballantyne Commons Declaration"); and
WHEREAS, pursuant to the Ballantyne Commons Declaration, and the various
supplemental declarations that have been, and that will in the future be, executed and
recorded pursuant to the provisions of Article II, Section 2 of the Ballantyne Commons
Declaration, Pulte has subjected various portions of the BaIlantyne Commons
Townhomes Property to the Ballantyne Commons Declaration as Lots (all portions of the
said Ballantyne Commons Townhomes Property that have been herein subjected to the
Ballantyne Commons Declaration as Lots prior to the date hereof, and all portions of the
Ballantyne Commons Townhomes Property that may in the future be subjected to the
Ballantyne Commons Declaration as Lots pursuant to supplemental declarations to the
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Ballantyne Commons Declaration, are hereinafter collectively referred to as the "Lots");
and
WHEREAS, the Association has been organized pursuant to the Ballantyne
Commons Declaration for the purpose of administering the Lots and the portions of the
Ballantyne Commons Townhomes Property that have been and wiI! in the future be
conveyed to the Association as Common Elements; and
WHEREAS, there has been recorded in the Mecklenburg County, North Carolina,
Book of Maps, in Book 40, Page 283, that certain Plat Showing Access to Public Right -
of -Ways and Recreational Property Serving Belle Vista Condominiums at Charleston
Place, dated July 23, 2003, prepared by ESP Associates, P.A. (the "Plat", the PIat being
incorporated herein by reference thereto); and
WHEREAS, as used in this Deed of Conveyance and Declaration of Easements,
the following terms shall have the following meanings:
(a) the "Access Roads" shall mean all of those portions of the private
right-of-way of John J. Delany Drive, Costigan Lane, Waxberry Drive, Labeau Avenue
and Durant Boulevard that are identified on the Plat as being "Access Road";
(b) the "Recreational Property" shall mean those seven individual
parcels of land (consisting, respectively, of.557'acres, .438 acres, .265 acres, .849 acres,
.602 acres, .984, acres and 5.309 acres) that are identified on the Plat as being
"Recreational Property"; and
(c) the "Belle Vista Property" shall mean that 23.368 acre portion of
the property that is identified on the Plat as being the"Belle Vista Property"; and
' WHEREAS, Pulte is the owner of the Access Roads, the Recreational Property
and the Belle Vista Property; and •
WHEREAS, Pulte intends to construct on the Belle Vista Property a
condominium under the North Carolina Condominium Act to be called "Belle Vista
Condominium", which will contain no more than three hundred twenty (320)
condominium units (each of the condominium units which may be constructed on the
Belle Vista Property is hereinafter referred to as a "Condominium Unit"); and
WHEREAS, Pulte desires to convey the Access Roads and the Recreational
Property to.the Association as "Common Elements" within the meaning of the BalIantyne
Commons Declaration; and
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WHEREAS, Pulte desires to grant to the Lots certain easement rights to and over
the Belle Vista Property and desires to reserve unto the Belle Vista Property and the
future owners of the Condominium Units certain easements and rights of use in, to and
over the Access Roads and the Recreational Property; and
WHEREAS, the Association desires to grant to Pulte for the benefit of the Belle
Vista Property and the future owners of the Condominium Units an access easement over
a road currently located on a certain portion of the Common Elements; and
NOW, THEREFORE, Pulte for and in consideration of the sum of TEN
DOLLARS, in hand paid, the receipt whereof is hereby acknowledged, has bargained,
sold, and by these presents does remise and convey to the Association, as "Common .
Elements", as that term isdefined in the Ballantyne Commons Declaration, the Access
Roads and the Recreational Property, subject, however, to the terms and provisions of
this Deed of Conveyance and Declaration of Easements.
TO HAVE AND TO HOLD the Access Roads and the Recreational Property,
together with all and singular the rights, members and appurtenances thereof; to the same
being, belonging or in anywise appertaining to the only proper use, benefit and behalf of
the Association, forever in fee simple.
THIS DEED is made and delivered by Pulte and accepted by the Association
pursuant to the terms and provisions of Article III, Section 1 of the Ballantyne-Commons
Declaration. Accordingly, the Access Roads and the Recreational Property constitute
"Common Element?, within the meaning of the Ballantyne Commons Declaration.
THIS CONVEYANCE is made subject to all matters existing of record in regard
to the Access Roads and the Recreational Property including, without limitation, the
rights and easements set forth in Section 3 of Article III of the Ballantyne Commons
Declaration, and that certain Road Easement from Pulte in favor of The Terraces at
Ballantyne, LLC, dated October 8, 2003, recorded in Booklli j7 Page
Mecklenburg County, North Carolina Deed Records, and that certain Easement and Land
Development Agreement, by and between The Terraces at Ballantyne, LLC, Ballantyne
Commons, LLC, and Pulte, dated December 29, 2000, recorded in Book 11823, Page 34,
Mecklenburg County, North Carolina Deed Records (the aforesaid Road Easement and
Easement and Land Development Agreement being hereinafter collectively referred to as
the "Commercial Tract Easements").
THIS CONVEYANCE is also made subject to the easements and rights
hereinafter set forth.
AND, SUBJECT TO the aforesaid title matters, Pulte will warrant and forever
defend the right and title to the Access Roads and Recreational Property unto the
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Association against the claims ofall persons claiming, owning or holding by, through or
under Pulte.
1. INCORPORATION OF PREAMBLES AND CERTAIN DEFINED
TERMS. The preambles to this Deed of Conveyance and Declaration of Easements are
hereby incorporated herein by reference thereto. All defined terms used in this Deed of
Conveyance and Declaration of Easements which are defined in said preambles shall
have the meanings set forth for the same in the said preambles. In addition, any defined
teen which is used in this Deed of Conveyance and Declaration of Easements without
being defined herein, and which is defined in the Ballantyne Commons Declaration, shall
- - have the meaning ascribed to the same in the Ballantyne Commons Declaration.
2. ACCESS ROADS EASEMENT. The Access Roads are hereby conveyed,
and this deed is subject to, and Pulte does hereby reserveto itself, its successors and
assigns, for the benefit of the Belle Vista Property, a perpetual, non-exclusive easement
over, across and through the Access Roads, for the purpose of vehicular and pedestrian
access and ingress and egress: (a) to and from the Belle Vista Property and the existing
rights -of -way of Ballantyne Commons Parkway and U.S. Highway 521, aild (b) to, from
and among the Belle Vista Property and all portions of the Recreational Property. The
easement reserved in this Paragraph 2 shall be interpreted to permit usage of the Access
Roads by (i) Pulte, (ii) all owners of all Condominium Units, and (iii) all pers ns who
shall have any right to occupy or otherwise go onto the Belle Vista Property The
exercise of the easement rights set forth in this Paragraph 2 may be subject to such traffic
rules as the Association may adopt in regard to the Access Roads, provided that such
traffic rules are applied equally and in a non-discriminatory manner to both the owners of
the Lots and the owners of the Condominium Units.>
3. EXISTING ACCESS ROAD EASEMENT. The Association grants,
conveys, -declares, imposes and establishes, in favor of Pulte, its successors and assigns,
for the benefit of the Belle Vista Property, a perpetual, non-exclusive easement over,
across and through the real property that was conveyed to the Association by Bissell
Ballantyne, LLC, MRI Ballantyne Limited Partnership and CMH-DWH Ballantyne, LLC
by that certain North Carolina Special Warranty Deed, dated February 6, 2002, recorded
in Book 15589, Page 193, Mecklenburg County, North Carolina Deed Records (said -real
property being hereinafter referred to as the "Existing Access Road"), for the purpose of
vehicular and pedestrian access and ingress and egress to and from the Belle Vista
Property and the existing right-of-way of U.S. Highway 521. The easement granted in
this Paragraph 3 shall be interpreted to permit usage of the Existing Access Road by (i)
Pulte, (ii) all owners of all Condominium Units, and (iii) all persons who shall have any
right to occupy or otherwise go onto the Belle Vista Property. The exercise of the
easement rights set forth in this Paragraph 3 may be subject to such traffic rules as the
Association may adopt in regard to the Existing Access Road, provided that such traffic
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rules are applied equally and in a non-discriminatory manner to both the owners of the
Lots and the owners of the Condominium Units.
4. UTILITY EASEMENTS IN COMMON ELEMENTS.
(a) The Association (in regard to the Common Elements which are owned by
the Association on the date hereof) and Pulte (in regard to the Access Roads, the
Recreational Property and the other portions of the Ballantyile Commons Townhomes
Property that Pulte shall in the future convey to the Association as Common Elements)
grant, convey, -declare, reserve, impose and establish, in favor of Pulte, its successors and
assigns, for the benefit of the Belle Vista Property, a permanent, non-exclusive right and
easement for the purpose of laying, burying, constructing, operating, maintaining,
removing, relocating, replacing, using and repairing, lines, pipes and conduits necessary
for the provision of utility services (including, but not limited to, electric, water,
telephone, sanitary sewer, gas and cable television) to the Belle Vista Property, in, to,
under, across and through all of the Access Roads, Recreational Property and the existing
and future Common Elements. The easement rights herein set forth shall also include a
temporary, non-exclusive right and easement, for the purpose of the initial construction of
the lines, pipes and conduits described herein, aver so much of the Common Elements as
is reasonably necessary for such construction, said right and easement to terminate upon
completion of the construction of said lines, pipes and conduits. The exact locations of
said utility easements shall be determined by Pulte acting in good faith so that the same
will minimize the interference with the operation and maintenance of the Common
Elements.
It is the intent of the parties hereto that the easements in this Paragraph 4 shall
apply with equal effect to the Common Elements which are owned by the Association on
the date hereof, the Access Roads and Recreational Property hereby conveyed to the
Association, and the Common Elements which shall be conveyed to the Association in
the future. Accordingly, Pulte does hereby reserve to itself, its successors and assigns,
for the benefit of the Belle Vista Property, in, to, under, across and through the Access
Roads and the Recreational Property, the easements described in this Paragraph 4.
(b) It is hereby agreed by Pulte and the Association that the rights and
easements granted and reserved in this Paragraph 4 may be assigned by Pulte to the City
• of Charlotte or Charlotte -Mecklenburg Utility Department ("CMUD") for the purpose of
dedicating any or all of the lines, pipes and conduits constructed by Pulte to public use,
operation and maintenance.
(c) In the event that at any time the provider of any utility service to the Belle
Vista Property shall submit an invoke to the Association (or. any management firm
employed by the Association) for such utility service, which invoice shall include the
utility service that was so provided to the Belle Vista Property, then the Belle Vista
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Condominium Owners Association, Inc. (the "Condominium Association") shall
reimburse the Association (or such management firm) for the portion of the amount set
forth in such invoice that is for the utility service that was so provided to the Belle Vista
Property. Notwithstanding anything stated to the contrary in this Paragraph 4, in the •
event that the Condominium Association shall fail to so reimburse the Association (or
management firm) for more than thirty (30) days the date on which the Condominium
Association shall have received the written demand for such reimbursement from the
Association (or management firm), then the right of the owners of the Belle Vista
Property to exercise the easement rights set forth in this Paragraph 4 shall be suspended
and shall remain suspended for so long as the Condominium Association shall fail to
make such reimbursement payment.
5. DRAINAGE EASEMENT. Pulte hereby grants, conveys declares,
imposes and establishes, in favor of the Association and the owners of the Lots, a '
permanent,.non-exclusive right and easement for the discharge of storm water from the
Lots and the Common Elements onto the Belle Vista Property.
6. UTILITY EASEMENTS IN BELLE VISTA PROPERTY. Pulte hereby
grants, conveys, declares; imposes and establishes, in favor of the Association .and the
owners of the Lots, a permanent, non-exclusive right and easement for themaintenance,
repair and use of all Iines, pipes and conduits which are existing in the Belle Vista
Property on the date hereof and which are necessary for the provision of utility services
(including electric, water, telephone, sanitary sewer, gas and cable television) to the
Common EIements and the Lots.
7. RECREATIONAL PROPERTY EASEMENT. The Recreational Property
is hereby conveyed, and this deed is hereby made subject to, and Pulte does hereby
reserve to itself, its successors and assigns, for the benefit of the Belle Vista Property, a
perpetual, non-exclusive easement for use and enjoyment of the Recreational Property.
The foregoing easement shall benefit the Condominium Units, and such easement shall
be exercisable by all persons who shall at any time have the lawful right to occupy any
Condominium Unit, subject to the "Rules and Regulations" (as that term is defined
hereinbelow), provided that the Rules and Regulations are applied and enforced against
the occupants of the Condominium Units and the occupants of the Lots in a uniform and
non-discriminatory manner.
• Notwithstanding the foregoing, the exercise of the easement rights set
forth in this Paragraph 7 shall be subject to the provisions of Paragraph 12 hereof. •
The Association shall have the right to adopt and promulgate rules and
regulations governing the use of the Recreational Property (the "Rules and Regulations"),
provided that all such Rules and Regulations shall be subject to the prior approval of the
Condominium Association, which. approval shall not be unreasonably withheld or
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delayed, In the event that the Association and the Condominium Association shall fail at
any time to agree upon the adoption of any Rule or Regulation, the matter shall be
resolved through arbitration, as provided for in Paragraph 13 hereof. The Rules and
Regulations shall be enforced by the Association against the occupants of the
Condominium Units and the Lots in a.uniform and non-discriminatory manner. In no
event shall any rule or regulation be adopted by the Association governing the use of the
Recreational Property which intentionally favors the occupants of the Lots.
8. PEDESTRIAN EASEMENT IN BELLE VISTA PROPERTY. Pulte
hereby grants, conveys, declares, imposes and establishes, in favor of the Lots, a
permanent, non-exclusive right and easement for pedestrian access onto all portions of
the Common Elements of the Belle Vista Condominium that are not Limited Common
Elements and that are designed for pedestrian access. The Condominium Association
shall have the right to limit the locations on the boundary of the Belle Vista Property at
which the owners of the Lots shall have the right to exercise the easement herein set forth
to walk onto the Belle Vista Property, provided that such access points shall always
include at least (i) one point at the location at which the Belle Vista Property connects
with an alley situated between Lot Nos. 9 and 10, Ivy Ridge, as shown and depicted on
the Plat offIvy Ridge, recorded in the Register of Deeds of Mecklenburg County, North
Carolina, in Plat Book 37 , Page 659 , and (ii) one point which shall adjoin the main
vehicular entrance to the Belle Vista Condominium. The exercise of the easement right
herein set forth to walk upon the Belle Vista Property shall be subject to such rules
regarding pedestrian activity on the Belle Vista Property as shall be adopted from time to
time by the Executive Board of the Condominium Association, provided that such rules
shall apply in an equal and non-discriminatory manner against the owners of the
Condominium Units and the owners of the Lots.
9. VEHICULAR ACCESS UNTO BELLE VISTA PROPERTY. Pulte
hereby grants to the Association an easement for vehicular access onto the portions of the
Belle Vista Property which shall be designed for vehicular traffic, said easement,
however, to be limited to a total of no more than nine (9) passenger vehicles. The
easement right set forth in this Paragraph 9 shall be exercisable only the members of the
Executive Board of the Association and by other individuals who shall be members of a
committee appointed -by such Executive Board in connection with the enforcement of
architectural restrictions in regard to the Belle Vista Property.
In the event that the Condominium Association shall at any time install a
gate to restrict vehicular access to the Belle Vista Property, and such gate shall be
operatedby any mechanical or electrical device which shall be furnished to the owners of
the Condominium Units, then the Condominium Association shall furnish nine such
devices to the appropriate officer of the Association so as to enable the members of the
Executive Board of the Association and/or the members of the aforesaid committee to
exercise the easement herein set forth.
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• I0. RESTRICTIVE COVENANTS REGARDING RECREATIONAL
PROPERTY.
(a) The Association, its agents, successors and assigns, shall at all times keep
the Recreational Property in good repair and fully operational as the park, recreational
and pool facility for which the Recreational Property has been developed. . The
Association shall be responsible for the payment of all costs and expenses which shall be
incurred in connection with the repair, replacement and operation of the Recreational
Property, In the event the Association fails to so maintain and operate the Recreational.
Property as herein required, the Condominium Association shall have the right to notify
the Association in writing of any conditions which cause the Recreational Property to fail
to be in the condition required by this subparagraph (a), and the Association shall have
thirty calendar days to remedy such condition, subject to force majeure and other delays
beyond its reasonable control. In the event that the Association shall fail to remedy any
such condition within said thirty day period, the Condominium Association shall have the
right to perform such repairs on behalf of the Association. Upon completion of such
repairs, the Association shall reimburse the Condominium Association for all costs and
expenses which were actually incurred by the Condominium Association in the
Performance of such repairs.
(b) The use of the Recreational Property is hereby restricted to use as
recreational property in the manner for which the same is being used on the date of this
Deed of Conveyance and Declaration of Easements. The restrictions set forth herein on
the use of the Recreational Property shall be a permanent charge thereon and shall run
with the Recreational Property.
I I . MAINTENANCE OF RECREATIONAL PROPERTY, ACCESS
ROADS AND EXISTING ACCESS ROAD PRIOR TO SALE OF CONDOMINIUM
UNITS. The Recreational Property and the Access Roads are hereby conveyed to the
Association subject to the restriction that prior to the date on which Pulte shall have
conveyed all of the Condominium Units to individual owners thereof, the Association
shall maintain all portions of the Recreational Property, the Access Roads and the
Existing Access Road in a neat and attractive condition that is satisfactory to both Pulte
and the Condominium Association. In the event that the Association shall fail to
maintain any portion of the Recreational Property, the Access Roads or the Existing
Access Road in a manner that is satisfactory to both Pulte and the Condominium
Association, then Pulte and the Condominium Association shall each have the right,
exercisable by either of them or through their agents or employees, and aftei giving the
Association at least five (5) days' notice and an opportunity to correct the unsatisfactory
condition, to enter upon the applicable portion of the Recreational Property, the Access
Roads or the Existing Access Road and correct the unsatisfactory condition, including,
without limitation, cutting the grass, weeds, and other vegetation, removing dead trees,
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shrubs and other plants, and installing plants and other vegetation that is satisfactory to
Pulte or the Condominium Association, as the case may be. The Association shall be
liable to whichever of Pulte or the Condominium Association shall have corrected the
unsatisfactory condition for all direct and indirect costs as may have been incurred by
Pulte or the Condominium Association, as the case may be, in connection with the
performance of such work. All such costs shall be paid to Pulte or the Condominium
Association, promptly upon the demand of the party to whom the same shall be due. In
addition, in the event that such correction work shall have been performed by the
Condominium Association, the Condominium Association shall have the right to deduct
the amount of costs and expenses that it shall have incurred in connection with
performing such corrective work from the amounts next coming due from it pursuant to
the provisions of Paragraph 12(b) of this Deed of Conveyance and Declaration of
Easements. The responsibility of the Association under this Paragraph 11 to maintain the
Recreational Property, the Access Roads and the Existing Access Road in a manner that
is satisfactory to Pulte and the Condominium Association shall be in addition to all of the
Association's responsibilities under and pursuant to the Ballantyne Commons Declaration
and this Deed of Conveyance and Declaration of Easements. From and after the date.on
which Pulte shall have conveyed all of the Condominium Units to individual owners
thereof, the Association shall have no further responsibility to Pulte or the Condominium
Association pursuant to this Paragraph 11 (provided, however, that the Association shall
thereafter remain responsible for the maintenance of the Recreational Property, the
Access Roads and the Existing Access Road pursuant to the provisions of the Ballantyne
Commons Declaration and this Deed of Conveyance and Declaration of Easements).
12. EXPENSES OF ACCESS ROADS AND RECREATIONAL
PROPERTY.
(a) No later than forty-five days prior to the commencement of each fiscal
year of the Association, the Association shall provide to the Condominium Association a
budget for the operation, maintenance and repair of the Existing Access Road, the Access
Roads and the Recreational Property for the ensuing fiscal yearof the•Association (the
"Budget"). Each Budget shall include, at a minimum, the estimated costs and expenses
of repairing and maintaining all landscaping and all improvements located upon the
Recreational Property in the manner required by Paragraph 10(a) hereof, all
governmental charges, taxes and assessments which shall be levied against the Existing
Access Road, the Access Roads and the Recreational Property; the operation of the
Recreational Property, including the salaries and benefits costs of all individuals
employed in connection with the same; the provision of all utilities to the Existing Access
Road, the Access Roads and the Recreational Property; keeping the landscaping on the
Existing Access Road, the Access Roads and'the Recreational Property in good condition
and replanting the same as determined to be appropriate by the Executive Board of the
Association, and which also fulfills the requirements of Paragraph 10(a) hereof and, if
applicable, of Paragraph 11 hereof; all costs and expenses of irrigation of the landscaping
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on the Existing Access Road, the Access Roads; the premiums for all policies of property
and liability insurance maintained by the Association with respect to the Existing Access
Road, the -Access Roads and the Recreational Property; premiums for fidelity bonds
which the Association may obtain for individuals who shall be handling funds of the
Association which relate to the Existing Access Road, the Access Roads and the
Recreational Property; and the maintenance of reserves for the repair and replacement of
the improvementslocated on the Existing Access Road, the Access Roads and the
Recreational Property. In regard to all of the expenses which shall be included in any
Budget which are for the provision of goods or services to the Association in regard to
Common Elements in addition to the Existing Access Road, the Access Roads and the
Recreational Property (including, but not limited to, the costs of employing professional
management for the Association and for maintaining liability insurance for the
Association), the portion of such expenses which shall be included in the Budget shall be
based upon the Association's good faith estimate of the portion of such expenses that is
properly allocable to the Existing Access Road, the Access Roads and the Recreational
Property (in contrast to'the portion of such expenses that is properly allocable to the other
Common Elements). Each Budget shall also take into account the amounts that shall be
projected to be received by the Association pursuant to the terms and provisions of the
Commercial Tract Easements.
Each Budget shall be subject to the approval of the Condominium
Association, which approval shall not be unreasonably. withheld. Within fifteen days
after the Condominium Association shall be provided with each proposed Budget from
the Association, the Condominium Association shall notify the Association whether it
approves or disapproves the same, and, in the event that the Condominium Association
shall disapprove the same, such notification shall specify the aspects of the proposed
Budget which shall have caused the Condominium Association to have disapproved the
same. In the event of the disapproval by the Condominium Association of any Budget
proposed by the Association, the.parties shall negotiate in good faith to attempt to agree
upon the Budget. In the event that at the date which is five days prior to the
commencement of the applicable fiscal year of the Association the parties shall have
failed to agree upon the Budget for such fiscal year, then the amount of the monthly
payment to be made by the Condominium Association to the Association during such
fiscal year pursuant to subparagraph (b) hereof shall remain the same as for the preceding
fiscal year of the Association and the dispute regarding the Budget shall be submitted to
arbitration pursuant to the provisions of Paragraph 13 hereof. At such time as the Budget
shall be finally established -through such arbitration; as provided for in Paragraph 13
hereof, the amount of the monthly payment to be made by the Condominium Association
to the Association during the remaining portion of the applicable fiscal year of the
Association shall be increased or decreased as necessary to account for the Budget that
was so finally established.
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(b) On the first day of each month during each fiscal year of the
Association, the Condominium Association shall pay to the Association 4.61% of the
amount of the Budget for such fiscal year, taking into account the amount that is
projected to be receivedby the Association pursuant to the Commercial Tract Easements.
The Condominium Association shall be fully liable to the Association for all amounts as
shall be owed to the Association pursuant to the provisions of this Paragraph (b).
(c) In the event that at any time the Condominium Association shall
fail to pay to the Association the amount owed by it pursuant to the provisions of
subparagraph (b) hereof, and said failure shall continue for more than five days after the
Association shall have given the Condominium Association notice of such failure, then,
in addition to the liability which the Condominium Association shall have to the -
Association for the payment of such amount, the right of the occupants of the
Condominium Units to exercise the easement provided for in Paragraph 7 hereof shall be
suspended and shall remain suspended until all amounts due from the Condominium
Association to the Association (including all default interest hereinafter provided for)
shall have been paid in full.
All amounts due from the Condominium Association to the Association pursuant
to the provisions of subparagraph (b) hereof which are not paid within five days after the
due date therefor shall bear interest at the lesser of (i) three percent (3%) over the prime
rate published from time to time in The Wall Street Journal as the "prime rate", or if no
such publication exists, a similar publication selected by the Association,and (ii), the
maximum rate of interest allowed by law, accruing from the due date until paid in full. ,
13. ARBITRATION OF CERTAIN DISPUTES. In the event that the
Association and the Condominium Association shall' at any time be unable to agree upon
(a) the substance of any Rules and Regulations which the Association shall desire to
adopt pursuant to Paragraph 7 hereof, (b) any amount which the Association shall
maintain is due it from the Condominium Association pursuant to the provisions of
Paragraph 4(c) hereof; or (c) a Budget pursuant to Paragraph 12 hereof, then such dispute
may be submitted to mandatory and binding arbitration by either party, and, in the case of
a dispute regarding the Budget which shall remain unresolved on the fifth day preceding
the commencement of the fiscal year of the Association, shall be submitted to mandatory
and binding arbitration, as provided for in Paragraph 12(a) hereof. The arbitration shall
be pursuant to the then prevailing Commercial Arbitration Rules (the "Rules") of the
American Arbitration Association ("AAA"). -The dispute shall be resolved by a single
arbitrator selected pursuant to the rules of the AAA. The arbitration hearing shall be held
in metropolitan Charlotte, North Carolina. The arbitrator will have no power or
authority, under the AAA or otherwise, to relieve the parties from their agreement
hereunder to arbitrate. Any award rendered by the arbitrator will be final, conclusive and "
binding upon the parties and any judgment hereon may be entered and enforced in any
court of competent jurisdiction. Each party will bear a pro rata share of all fees, costs and
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expenses of the arbitrator, and notwithstanding any law to the contrary, each party will
bear all the fees, costs and expenses of its own attorneys, experts and witnesses;
provided, however, that in connection with any judicial proceeding to compel arbitration
• pursuant to this Agreement or to confirm, vacate or enforce any award rendered by the
arbitrator, the prevailing party in such a proceeding will be entitled to recover reasonable
attorneys' fees and .expenses incurred in connection with such proceedings, in addition to
any other relief to which it may be entitled.
14. NOTICES. All notices, demands and communications permitted or
required to be given hereunder shall be in writing and shall be deemed duly given when
sent by either certified mail or overnight carrier to the agent for service of process, as
indicated on the records of the North Carolina Secretary of State, of the party which is to
receive such notice, demand or communication.
15. DURATION, All of the terms, easements, provisions, charges,
restrictions and covenants set forth in this Deed of Conveyance and Declaration of
Easements shall run with and bind the land, shall be and shall remain in effect, and'shall
inure to the benefit of, and beenforceable by, Pulte, the Association, the Condominium
Association, and by the owner of any Lot or Condominium Unit, their respective legal
representatives, heirs, successors and assigns, perpetually.
16. CONSTRUCTION'OF AGREEMENT. This Deed of Conveyance and
. Declaration of Easements shall be construed according to the laws of the State of North
Carolina. Paragraph headings relating to the contents of particular paragraphs are
inserted only for the purpose of convenience and are not to be construed as parts of the
particular paragraphs to which they refer. The failure of either party to insist upon strict
performance of any of the covenants or conditions of this Deed of Conveyance and
Declaration of Easements or to exercise any option herein conferred in any one er more
instances shall not be construed -as a waiver or relinquishment of any such covenants,
conditions or options, but the same shall be and remain in full force and effect.
17. TIME IS OF THE ESSENCE. For all of the dates stated in this Deed of
Conveyance and Declaration of Easements, time is oldie essence.
18. ADDITIONAL DOCUMENTATION. The parties agree that they shall
execute and deliver any documents reasonably requested by the other party to effectuate
this Deed of Conveyance and Declaration of Easements, and that they shall take whatever
steps arereasonably required to carry out both the letter and the spirit of this Deed of
Conveyance and Declaration of Easements.
IN WITNESS WHEREOF, this Deed of Conveyance and Declaration of
Easements is executed, and shall be legally binding upon the parties, as of the date first
specified above.
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PULTE (TOME CORPORATION
rrY Thomas . Bruce
Attomey-in-Fact
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
:helm . O. ( (Jf , a Notary Public for said County and State do
hereby certify that Thomas Br , personally appeared before me this day and
.acknowledged the due execution of the foregoing instrument in his capacity as Attorney -
in -Fact of Pulte Home Corporation, a Michigan corporation.
WITNESS my hand and notarial seal, this hay ' O r;6er , 2003.
Notaty Public
.5,a_ Mc
My,9ommission Expires:
_ARIAL.SEAL-STAMP]
BALLANTYNE COMMONS TOWNHOMES
ASSOCIATION, INC.
STATE OF NORTH CAROLiNA
COUNTY OF Tree -fate,
�6�
0. YYLC444(ens Notary Public for said Countyand State do
hereby certify that David Cushing, penatty appeared before me this day and
acknowledged the due execution of the foregoing instrument in his capacity as President
ofBallantyne Commons Townhomes Association, a. NC non --profit corporation.
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WITNESS my hand and notarial seal, this
.. j1�.ffllf ll lif
, •
's�,l'Q, Ixrnission Expires:
f �i�Y
• 1• ii;f
e ,�0 I (A? SEAL -STAMP]
ire
�aN cav
14
Notary Public
Sher , 2003.
c0 0rc�
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STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
1, - i - -( �O. mcA L1 tot , a Notary Public for said County and State, do
hereby certify that Thomas W. Bruce►ttorney in -Fact for Pulte Home Corporation, a
Michigan corporation, personally appeared before me this day and being by me duly sworn,
says that he executed the foregoing instrument for and in behalf of Pulte Home Corporation,
a Michigan corporation, and that his authority to execute and acknowledge said instrument is
contained in an instrument duly executed, acknowledged and recorded in the Office of the
Register of Deeds for Mecklenburg County, North Carolina, in Book 13074 at Page 900, and
that this instrument was executed under and by virtue of the authority given by said
instrument granting him power of attorney; that the said Thomas W. Bruce acknowledged the
due execution of the foregoing instrument for the purposes therein expressed for and in
behalf of the said Pulte Home Corporation, a Michigan corporation.
4;;;CT:774kZ:NVITNESS my hand and official seal this 10th day of October, 2003.
C^
=R.
NA,
Z AR }►
`• VMOtf.+b miission Expires:
N CCv`:
tt -.1031
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
V -
Notary Public
This 10th day of October, 2003, before me, the undersigned Notary public in and for
the County and State aforesaid, personally came David Cushing, who, being duly sworn, says
that he is President of Ballantyne Commons Townhomes Association, Inc., a North Carolina
nonprofit corporation, and that he signed said instrument on behalf of said corporation by its
authority duly given.
WITNESS my hand and official seal this l Oth day of October, 2003.

BALLANTYNE COMMONS/BELLE VISTA BUDGET
acknowledge receipt and agreement of the figures presented in this budget and agree to abide by the terms
•of the cost share agreement as noted in the "Deed of Conveyance and Declaration of Easements"
made the 10th day of October, 2003 by and between Pulte Home Corporation and Ballantyne Commons
Townhomes Association, ino. i further acknowledge the two parties agree to the following method of
sharing the water expense of the community:
Method of Sharing the Water Expense of the Community
Because there are 3 water meters that Jointly serve both the common areas and the Individual residential
communities In Charleston Place (CP) and Belle Vista (BY), we have agreed that the fair and reasonable division
of the water bills between Belie Vista and Charleston Place Is as follows:
1. Water bills from all three meters associated with the community will be totaled together, and the total bill will
be altpcated between BV and CP based on the•percentage of the total number of units 000upled. For the purpose
of this agreement, an "occupied unit' designation is given to any unit in a building at the lime the first closing In
the building oocurs. Example 1: when the first unit in a 2 unit townhome is dosed, both units in That townhome
building are considered occupied. Example 2: when the first unit in a 40 unit condominium is closed, all units In
that condominium are considered occupied..
2. This agreement includes ail water used during the construction process: no additional billing will occur.
3. The percentage calculation will be performed by the management company and accessed monthly based
on the actual water bill. in the event the utility company does not perform a timely meter reading (for instance, if a
3 month period passes and the bill shows a substantial variance) both sides agree to work in good faith to Insure
an accurate allocation.
ommens Board of Directors Date
f (P
Board of Directors President Date •
s ing, a e : - +ista ' ondominfums Board of Directors
Defer 1-3' 04-