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SW8070667_HISTORICAL FILE_20081007
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 0-) okz 1 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2 U Dig 10 0'1 YYYYMMDD \O�CF W ATF�,OG co Michael F Easley, Governor William Ross Jr,Secretary North Carolina Department of Environment and Natural Resources Coleen H Sullins Director Division of Water Quality Phillip R Christmas, Member Manager Holiday Development, LLC 1208 Williamsburg Ct Wilmington, NC 28411 October 7. 2008 Subject Stormwater Permit No SW8 070667 Alamance Subdivision High Density Subdivision Protect New Hanover County Dear Mr Christmas The Wilmington Regional Office received a complete Stormwater Management Permit Application for Alamance Subdivision on August 2, 2007 Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H 1000 We are forwarding Permit No SW8 070667 dated October 7, 2008, for the construction of the project, Alamance Subdivision This permit shall be effective from the date of issuance until August 2, 2017, and shall be subject to the conditions and limitations as specified therein Please pay special attention to the Operation and Maintenance requirements in this permit Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within sixty (60) days following receipt of this permit This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P O Drawer 27447, Raleigh, NC 27611-7447 Unless such demands are made this permit shall be final and binding If you have any questions, or need additional information concerning this matter Cox, or me at (910) 796-7215 Sinc ely, _ ,- /3, Edward Beck Regional Supervisor Surface Water Protection Section ENB/dwc S \WQS\STORMWATER\PERMIT\070667 aug07 cc Charles D Cazier New Hanover County Inspections City of Wilmington Stormwater Services Beth E Wetherill, New Hanover County Engineering Division of Coastal Management David Cox Wilmington Regional Office Central Files please contact David ow Yarohna rally North Carolina Division of Water Quality 127 Cardinal Drive Extension Wilmington NC 28405 Phone (910) 796-7215 Customer Service Wilmington Regional Office Internet uww newaterauahty org Fax (910) 350 2004 1-877-623-6748 An Equal OpportunitylAffrmative Action Employer — 50% Recycled/10% Post Consumer Paper State Stormwater Management Systems Permit No SWS 070667 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Mr Phillip R Chnstmas & Holiday Development, LLC Alamance Subdivision New Hanover County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit This permit shall be effective from the date of issuance until August 2, 2017 and shall be subject to the following specified conditions and limitations I DESIGN STANDARDS 1 This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data 2 This stormwater system has been approved for the management of stormwater runoff as described in Section 15 on page 3 of this permit The subdivision is permitted for 9 lots, each allowed a maximum of 5,000 square feet of built -upon area 3 Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit 4 The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system Page 2 of 9 State Stormwater Management Systems Permit No SW8 070667 5 The following design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times a Drainage Area, acres 347 Onsite, ft2 151,153 Offsite, ft2 None b Total Impervious Surfaces, ft2 55,200 Lots at 5,000 ft2 45,000 Roads/Parking, ft2 10,200 Other, ft2 0 Offsite, ft2 0 c d e f 9 In 1 k I m n 0 p Pond Depth, feet 45 TSS removal efficiency 90% Design Storm 1" Permanent Pool Elevation, FMSL 375 Permitted Surface Area @PP, ft2 8,709 Permitted Storage Volume, ft3 9,444 Storage Elevation, FMSL 385 Controlling Orifice Permanent Pool Volume, ft3 Forebay Volume, ft3 Maximum Fountain Horsepower Receiving Stream / River Basin Stream Index Number Classification of Water Body II SCHEDULE OF COMPLIANCE 1 "0 pipe 22,480 4,722 1/8 Smith Creek / Cape Fear 18-74-63 "C, Sw" 1 No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division 2 The permittee is responsible for verifying that the proposed built -upon area for the entire lot does not exceed the maximum allowed by this permit Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner 3 If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed built -upon area Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit Page 3 of 9 State Stormwater Management Systems Permit No SW8 070667 4 The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below a Any revision to the approved plans, regardless of size b Project name change c Transfer of ownership d Redesign or addition to the approved amount of built -upon area e Further subdivision, acquisition, or sale of all or part of the project area The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought f Filling in, altering, or piping of any vegetative conveyance shown on the approved plan 5 The Director may determine that other revisions to the project should require a modification to the permit 6 All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans 7 The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made 8 The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface 9 During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 10 Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation Any deviations from the approved plans and specifications must be noted on the Certification 11 If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility 12 Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual 13 The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to Page 4 of 9 State Stormwater Management Systems Permit No SW8 070667 a Semiannual scheduled inspections (every 6 months) b Sediment removal c Mowing and re -vegetation of side slopes d Immediate repair of eroded areas e Maintenance of side slopes in accordance with approved plans and specifications f Debris removal and unclogging of structures, orifice, catch basins and piping g Access to all components of the system must be available at all times 14 Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ The records will indicate the date, activity, name of person performing the work and what actions were taken 15 This permit shall become void unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data 16 Prior to the sale of any lot, the following deed restrictions must be recorded a The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 070667, as issued by the Division of Water Quality under NCAC 2H 1000 b The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit c These covenants are to run with the land and be binding on all persons and parties claiming under them d The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality e Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality f The maximum built -upon area per lot is 5,000 square feet This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools g Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations h All runoff on the lot must dram into the permitted system This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street Lots that will naturally drain into the system are not required to provide these measures i Built -upon area in excess of the permitted amount will require a permit modification 17 A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds 18 Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel The facility must be in compliance with all permit conditions Any items not in compliance must be repaired or replaced to design condition prior to Page 5 of 9 State Stormwater Management Systems Permit No SW8 070667 the transfer Records of maintenance activities performed to date will be required 19 Decorative spray fountains will be allowed in the stormwater treatment system, subject to the following criteria a The fountain must draw its water from less than 2' below the permanent pool surface b Separated units, where the nozzle, pump and intake are connected by tubing, may be used only if they draw water from the surface in the deepest part of the pond c The falling water from the fountain must be centered in the pond, away from the shoreline d The maximum horsepower for the fountain's pump is based on the permanent pool volume The maximum pump power for a fountain in this pond is 1/8 horsepower 20 Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools III GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan The project must be in good standing with DWQ The approval of this request will be considered on its merits and may or may not be approved 2 The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request 3 Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215 6A to 143-215 6C 4 The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal), which have jurisdiction 5 In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems 6 The permit may be modified, revoked and reissued or terminated for cause The filing of a request for a permit modification, revocation and re -issuance or termination does not stay any permit condition 7 Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours 8 The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days Page 6 of 9 State Stormwater Management Systems Permit No SW8 070667 9 A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction Permit issued this the &7th day of October, 2008 NORTH ROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Q�cYIRR/3� for Coleen H Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 070667 Page 7 of 9 State Stormwater Management Systems Permit No SW8 070667 Alamance Subdivision Page 1 of 2 Stormwater Permit No SW8 070667 New Hanover County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is a part of this Certification Noted deviations from approved plans and specifications Signature Registration Number Date SEAL Page 8 of 9 State Stormwater Management Systems Permit No SW8 070667 Certification Requirements Page 2 of 2 1 The drainage area to the system contains approximately the permitted acreage 2 The drainage area to the system contains no more than the permitted amount of built -upon area 3 All the built -upon area associated with the project is graded such that the runoff drams to the system 4 All roof drams are located such that the runoff is directed into the system 5 The outlet/bypass structure elevations are per the approved plan 6 The outlet structure is located per the approved plans 7 Trash rack is provided on the outlet/bypass structure 8 All slopes are grassed with permanent vegetation 9 Vegetated slopes are no steeper than 3 1 10 The inlets are located per the approved plans and do not cause short- circuiting of the system 11 The permitted amounts of surface area and/or volume have been provided 12 Required drawdown devices are correctly sized per the approved plans 13 All required design depths are provided 14 All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter 15 The required dimensions of the system are provided, per the approved plan cc NCDENR-DWQ Regional Office New Hanover County Building Inspections Page 9 of 9 2 3 4 II. Michael F Easley, Governor William G Ross, Jr, Secretary North Carolina Department of Environment and Natural Resources Alan W Klimek, P E Director Division of Water Quality WATER QUALITY SECTION COASTAL STORMWATER PERMIT NAME/OWNERSHIP CHANGE FORM CURRENT PERMIT INFORMATION: Stormwater Management Permit Number SW8 070667 Permit Holder's name Pierpoint Properties, LLC Signing official's name Chad O'Shields Title Member Manager (person legally responsible for peril) Mailing address 301 Pierpoint Drive City Wilmington State NC ZipCode 28411 Phone 910-232-7689 FAX (Area Code and Number) (Area Code and Number) NEW OWNER / PROJECT / ADDRESS INFORMATION This request is for (please check all that apply) X a Change in ownership of the property/company (Please complete Items #2, #3, and #4 below) b Name change of project (Please complete Item #5 below) c Mailing address change (Please complete Item #4 below) d Other (please explain) 2 New owner's name to be put on permit Holiday Development, LLC 3 New owner's signing official's name and title Phillip R Christmas Member Manager (Title) 4 New Mailing Address 1208 Williamsburg Ct City Wilmington State NC ZipCode 28411 Phone 910-799-1382 FAX (Area Code and Number) (Area Code and Number) 5 New Project Name to be placed on permit Page 1 of 2 /__ AUG 2 8 2008 North Carolina Division of Water Quality 127 Cardinal Dine Extension Phone (910) 796-7215 Customer Semce1-877-623-6748 e NOn Wilmington Regional Cffwe Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet h2o am state nc us thCazohna r • • � r _ . � l..J �' f 4 r� , y' ' r � � ft � Y n r � i•�'J , ' t � , - - L p,. r �, r � _ I rii r '� rJ � , o`" ,''I. ' � '' . 'l ♦ .' I Y _ � s f � ♦ s / 4 � , i .a� � -. � t t .ram. t I ! � t. � �� _ _ r 7� , - r r �. '' .. _ ' . . � � !r i �f; ^�Y 1 _' � ,}- t ' PERMIT NAMEIOWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS. 1 This completed form 2 Legal documentation of the transfer of ownership 3 A copy of the recorded deed restrictions, d required by the permit 4 The designer's certification, d required by the permit 5 A signed Operation and Maintenance plan, if a system that requires maintenance will change ownership 6 Maintenance records CERTIFICATION MUST BE COMPLETED AND SIGNED BY BOTH THE CURRENT PERMIT HOLDER AND THE NEW APPLICANT IN THE CASE OF A CHANGE OF OWNERSHIP. FOR NAME CHANGES, COMPLETE AND SIGN ONLY THE CURRENT PERMITTEE'S CERTIFICATION. Current Permittee's Certification: I, Chad O'Shields , attest that this application for a 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 Signature New Applicant's Certification: (Must be completed for all transfers of ownership) Q.-As"rA I, Phillip R Christmas , attest that this application for an 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 rf all required supporting information and attachments are not Included, this application package will be returned as incomplete Signature $-z�7-o3 THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: North Carolina Department of Environment and Natural Resources Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 ATTN Linda Lewis Page 2 of 2 Alamance Subdivision Page 1 of 2 Stormwater Permit No SW8 070667 New Hanover County Designer's Certification I, Phillip G Tripp as a duly registered professional engineer in the State of North Carolina, having been authorized to observe (periodically/week' e) the construction of the project, Alamance Subdivision (Project) for Holiday Development, LLC (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is a part of this Certification Noted deviations from approved plans and Signature Registration Number Date S- �6- OEb specifications J%%u1181fill SEAL y 17374 4 SEAL State Stormwater Management Systems Permit No SW8 070667 Certification Requirements Page 2 of 2 1 The drainage area to the system contains approximately the permitted acreage -0-2 The drainage area to the system contains no more than the permitted amount of built -upon area _a_3 All the built -upon area associated with the protect is graded such that the runoff drains to the system J4 All roof drains are located such that the runoff is directed into the system E5 The outlet/bypass structure elevations are per the approved plan 6 The outlet structure is located per the approved plans �7 Trash rack is provided on the outlet/bypass structure '�` 8 All slopes are grassed with permanent vegetation 9 Vegetated slopes are no steeper than 3 1 10 The inlets are located per the approved plans and do not cause short- circuiting of the system P-11 The permitted amounts of surface area and/or volume have been provided 12 Required drawdown devices are correctly sized per the approved plans -P-13 All required design depths are provided 14 All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter -OL15 The required dimensions of the system are provided, per the approved plan cc NCDENR-DWQ Regional Office New Hanover County Building Inspections ems" 1iv E6TFgA4 NEA eamw ce- MACM "u{• P4(D ,l1 _ -Nis BY- LAN"S oil ALAINIANCI, HOMEOWNERS' ASSOCIA I ION ARIICLI_I GENERAL Scctton I Nanic The name of the corporation is \LiMANCE 110MEO\\NLRS' \SSOCIATION Section 2 Principal Oflicc file principal office of the Association shall be ALAM \NCE 1101,11-OWNERS ASSOCIAIION 1208Willmnnh1t1eC0ort Wilnuneton North Carolina 28411 inNew II uiosu County or It Such other place as may be urbsequcntly del, rgnatcd by the Board of Duecto[s SCction 3 Reeistered Office The registered off ice of the Association which by law, is ie.lmr�d to be mminiamed in the Snit of Noiih Carolina shall oc located at 1'08 Willmmsburg Court Vilmrn�ton,NotthCarolrna,28411 inNewli-ino«rCount�,oratSuchothuplacewithintheStatcofNorth C irolma is inav from time to tune be hid and determined by the Board of Directors Section 4 Definition As used hcrun, the tom Corporation m ty be used mtcrchangeably with ind Shall be the equrvalcnt to Association as dcfmcd -n the Declaration of Covenants Conuutons and RestriCtlnnS for ALAMANCE and ill clef im;,ons stt forth in the Declaration for At AMAN'CE IS amendLd horn nmc to time shall be applicable hcrun unlcn oiherwisc dclined herein fhc term Declaration" shall refer and mean the Declaration of Covcnants Conditions and Restrictions for ALAMANCE AR'I ICLE II MEMBERSHIP Section I Definition Each owner shall be a member of the Association and membership m the Association shall be limited to owners of lots in ALAMANCE Section 2 1 ransfer of Nlembershm and OvsnershiP Membership in the Association may be translerred only as an incident to the transfer of the uansleror's Lot and such tr,[nsfu shall be subject to the proccchues scl forth in the Declaration of Covenants, Conditions ano Restrictions for ALAMANCE AR HCI L 111 NILh IINGS OE MEMBERSHIP SectionI Place All ntceungsofthemenibershipshallbeheldatWilmington North Crrolma or It arch other place as may be Siatcd in the notice Section 2 Annual NleetinL A \leeun2s shall be held at least annually The fps[ annual meetma of members shall be hcid m Wilnun,ton Nor III Carolina or in such location in New Ilanover County as the Declarant shoo determine upon the earlier of the following evens within 90 days after comevance of at least 75%of all lots that may be CrealeU under the Declaration to owners other than the Developer, or December i 12015 whichever comps lust The firs[ Directors and Officers will be appointed by the Dcclarant and will hold office until the niumannual ineetingoccurs and new doectorsandofficeis,ueeiccted In the event ofa vacaocy occu,ring prier to the lira mecung the Declarant will appoint r successor B Rcgularannual meetings subsequent retire first rnccuneshall he held on the first Wf dnesday ni September in each year if not a legal holiday and if r, legal holiday then on the next secular day following unless otherwise cletermmed by the Board C All annual mceungs shall he held at such hour as is ducnnmed by the Board D At the annual mecung the members shall elect iha new members of the Board of Director yid transact such other hasnius rs may properly come before the mccung E Written nonce of the anneal mccung shall be served upon or marled to each me nabcrenutIed to vote thereafter at such address is appears on the books of the Association it least ten (10) but not more than sixty (60) days prior to the meeting Each member shall notify the Secretary of any address change and the, eivmg of said notice shall be in all respects sufficient if sent to the address of the member which is then on file with the Secretary Section 3 Membership List At least ten ( 10) but not more than sixty (60) days before cvcry election of Directors t complete list of members entitled to vote at said elecuorr with residence of each shall be pri-pared by the Secrctary Such fist shall he produced and kept for said ten (10) days prior to and throughout the election at the olhce of the. sssociauon and shall he open to esamrnation by any member throughout such time Section d Special Meetings A Special Meetings of the members for any purpose or purposes not prescribed by statute the Artrcics of Associatton or these By -Laws may be called by the President, by a majority of the Board or at the request in writing of twenty percent (20%) of the members Such request shall state the purpose or purposes of the proposed mecung B Written notice of a Special Mccung of members stating the time, place and object thereof Shall be served upon or marled to each munber entitled to vote thereat at such address as appears on the books of the Association at least ten (10) days before such meeting and no more than sr ty (60) days before such meeting If marled such notice shall be deemed to be delivered when deposited in the United States mad postage prepaid addressed to the member at such address as appears on the records of members of the Association C Business transacted nt all special meetings shall be confined to the matters stated in the notice thereof Section 5 Quotum Fifty-one percent (51 °lo) or more of all mcmhers of the Association present in person or represented by wnttcn proxy, shall bt regmvtc to and shall constitute a quorum as otherwise provided by statute or by these By -Laws If however such quorum shall not be present or represented at any mecung of the rnembcrs the members entitled to vote thereat present in person or represented by written proxy shall have power to adjourn the mecung from time to time with notice of not Icss than ftte (5) days but not more than thirty (30) days At such adjourned meeting any business tnay be t,a,"cted ,"ktch might have f can IranSaCLed <, the mecung or-gutrury tined with or wrtnout a quorum if 2 adioununuot eXtCndS Dag thirty ('t0) days noucc of the date on which the adjrnrrne(I mecung r` to he icconvened shall be given as hcrem provided for regular nicetings Section 6 Vote Required to I r ansact Business When a quorum is prescnt at any it cc,mg a majority of the votes cast in person or represented by written proxy filed with the Secretary rn advance of the meeting shall decide any question brought before the meeting, unless the quesLron IS one upon which by express provivon of the statutes the Decldiation of Covenants, Conditions and Regnchons for ALANIANCE or these By Laws a different vote is required in which case such cxpr(_SS provision shall govern an(] control the chv,sron of such question There shall be no cunuilative voting Scchon 7 Rtght 1 o Vote Each lot shall have appurtenant thereto, one vote At any rncetmg of the munibers, .vcr) member having the right to vote shall be entitled to vote in person or by proxy Such proxy .h ill only be valid for such meeting or wbsequent adjourned meetings thcreol If more than one peson or entity owns a lot they shall file t certihcaie with the Secruary naming the person authorized to cast the vote for said lot It same. is not on file, the vote of any co-owner prescnt vv ho is acceptable to other co oevners of that Lot prescnt shall be accepted as the vote of all co -owners Any legal entity which is an oeener shall have the right to mcmbcrship in the \ssouation Scchon 8 ;Vancr and Consent Whenever the vote of members at a mcenng is required or pernhtted by any provision of the statutes the Declaration of Covenants Conditions and Reunetioas for AL-' i IANCE or these By -Laws to be taken in connection with my action of the %ssocidtion the meeting and vote of members may be dispensed v+nth if all numbers who would h ive been entitled to vote upon the act,on of such mccung It such meeting were held shall consent in writing to such action being taken Section 9 Order of Business The order of business at annual members' meetings and as far as pr.rctredl at other members' meetings 0. ill be A Roll c ill and certification of proxies B Proof of notice of meeting or w,iivcr of noucc C Reading of minutes of prior meeting D Officers reports, L Ccmmntcc reports, I Appointitiun by Chairman of Inspectors of Election, G Approval of budget rl Elections of d,rectois and offices I Unfinished business, 1 New business, 3 K \djoff nununt ARFICLEIV BOARDOhDIRECrORS Section I \umber and rerm The numhcr of directors winch shall constitute the whole Board of Directors (the Board '),,hall he three All directors shall be an ow nei or in the disc of partnership ownersormortgagees shallbenncmbeisoremployeesofsuchpattnership ormthecaseofcorporatcowners or mougagce,, shall he officer shareholders employees of such cot poranons or m the ,ax of 11duclaly owners or mortgagees shall bL officers shareholder or cmplovees of,uch hduciar� Section 2 Vacancy and Replacement other than a director ,ulceted by Declarant It the office of any director hecomes saeant by reason of lranllet of ownushlp, death icognanon retirement diulu dlfiea[Ion removal from office or otherwise a malonr of the remunine dhrcuols though less thin a quorum at a special mecnng of chreetors duly called for this purpose shall choose a successor or wccessor who shall hold olficc for the unexpired teen m Icspect to which such "acancy occurred Seaton 3 RUnUNal Directors may be rernoscd with or without ause by an athrmotisc wte Of ,t Majority of the total membership Section IalllalBoardoMir,ams The hrstBon. dshaliconm,,LofPhilip Ralph Chriumis Barhva H Cnnstmas and P R.an Chr-mmis who shall mold office and e Lerusc all powers of the board until the iniml annual n;cmbership meeting proxtdcd try or all of said directors shall be ,ubjcLt to replacement in the event of restgnauon or death av above provided Section PowersandDuties Fire propertyandbuslnessofthe Assocration shaIIbemanaecd by the Board which may exercise all Assouauons powers not specifically prohibited by statute of the Declaration to which these By -Laws are attached The powers of the Board shall specifically include but not timucd to the followrna A ro make and collect regular and special assessments and establish the hind within which paymcm of same are due B To use and expend the assessments collected to maintain, care for and preserve the common areas inch other items more particularly sat forth in the Declaratmn for ALAMANCE except those portions thereof which are regmred to be maintained cared for and preserVcd by the owners C to purchase the necessary cqurpment and tools required m the maintenance care and preservation referred to above D To d nter into and upon the lots when necessary and at as Intl(, inconvenience to the owner as posslblc In connccuon with such maintenance care and preservation E To Insure and keep msutcd the common areas and faclltics in the mariner set forth In the Declaration aealnst loss from fire and/or other casualt) and against public liability, and to purchase such Other Insurance as the Board aN de,m ad-IsaoIL uncludung unsurancc against Dncctots liability 4 1 To collect delinquent assessments by suit or otherwise abate nuisances and enjoin of seek damages hom owners for viol-itions of these By -Laws and the terms and conduions of tilt Declaration of Coen tni Conditions and Restrictions for ALANIANCF G ro employ and compensate such persona l as may be required tot the mvntcnance and picservauon of tht property H I o make appropriate cnanges In the Rules tnd Regulations for the u,e of the lots as may be deuned necc,s try Changes not tpproved it th, next meeting of the membcrshfp by a majority of the votts cast shall be invalid from the date of such change I To acquire and/or rent and/or lease a Lot ,n the name or the Assocwuon of a dcstgnec J ro contract for management of Association properucs and to dckgatc to such other patties ,II powers and dunes of the Association except those speuGcally required by the Declaration of Covenants Conditions and kestnctions for ALANIANCE to have spccufte approval of the Bond of membcnhtp k ro carry out the obligations of tine Association under any resu,.nons and/or covenants runnIT) e with the land L ro design lie allocate or tssfgn or not as the Board dczma apptopt late paf king spaces for each Lot vnnors, service ychtcics and other vchrcics and to adopt such teasonsblc traffic regulations for the finking area as the Board deems apptopnate Ni To adopt such Rules and Regulations a: the Board deems appropriate and ,o amc na Saud RulesandRegulauons provrdt-&atclRalesandRegulauonsmaynotbemconsustentwihorconuarytothcsc Bvlaws Ilie Dc(.IaratTon for ALAMANCForally cx,sungapplicableion Ingregulauonsbyany govcmmental entity havutg3ansdtcuon over the property N To Impose a spi-cial nssessinerlt Oga nim any owner) after notice and opporl unity to be heard not to exceed one hundred fifty (S I50 00) dollars for each occtnrencc, for the violation by the owner of any By Law contained herein any rule or regulation of the jots, or the breach of any provtsmn of the Declaration Such assessment shall be to adchtion to 2ny costs incurred or to be mcurrcd by the Association as a t esult of the s tolauon of the rule regulation By -Law or provision O To propose and adopt an annual budge for the property Summanesof the adopted proposed budget hall be provided to al I lot owners with if thirty (30) days from adoption and the Board shall tit a slate not Icss than fourteen (14) nor more than thuty (30) clays afret del Ivuy of the summary for a meeting of the lot owners to consider r iuftcatfon of the proposed budget P Institute defuiJ or uucrvenc fn its ors n n tine m litigation or admuustrau�e procecchngs on masers affecting the Assocf iron Q Make contracts and incur liabtlttfcs R Cattse iddn,onal ,prnvemenn to be inane a; , cart of the common elements 5 S Gram easements, leases ICLMes and concessions through or over the common elements T I he board of Directors shall act as the Archuectm,Il Control Committee for ALAtNIANCE "'Itch comm,uee shall na%e the authority and powers gtimed under the Declaration of Restrictions for ALAMANCE Section 6 Liability and Indenuuficauon Fite dneuors shall not be liable to the owners evicept for thur otin individual willful misconduct bad firth or ,ross negl,gencc The Association shall ,ndemmfyanvdirectoro,off,ceraga,nstthchabtliticsandreasonablclit,eationecpensesmcludmgmeorncy s fees mculred by hun/her ,n connection with any action stun o, proceeding in which he/she ,s in dc or is threatened to be in we a party by reason of hung or having been uteh Dueetor or officer cccept m relaIIOII to matters as to which hehhe shall be adjudged to WC11 action sun or proceeding to have aged in bad faith or to hacc bccn Imblc or guilty by tcason of wilful nnu onduct ,n the performance of duty Section? Compensation Ncnherduectotsnor offlccrsshall tecemcompensation for their services as wch provided that the Association may budget Sueh Bunn as It may decor appropriate for direct rennhurscmIII of auual expenus ❑u.urrcd by the ducctors of olf,ccrs m behalf of the Association Section 8 Mecltnas A The first meeting of each Board newly elcucd by the members sh ul be held ,mrned,ately Upon adjournment of the rnceung of �kh,cn they were clect.d, pro%tded a quorum shall then be present, or as soon thereafter as may be practicable I he annual meeting of the Board shall be held at ,he same place ,,s the _eneial members mceung, and Immediately before or aftu the adjournment of same B Spcctalnnetingsshallbcheld whurevcrcalled bythcdtrccuonofthePrestdentoramajority of the Board I he Secretary shall give notice of each special meeting either personally by Triad or telegram at least three (3) days before the datr. of such meetine but the directors may ,n writing, warvc notict of the calling of the meeting befo,c or after such meeting C A majority of the Board mambos shall be accessary and sufhctent at all meetings to comutule a quorum for the transactions of business and the act of a majority present at any meeting of which there is a quorum shall be the act of the Board If a quorum shall not be present at the meeting the directors then preunt To ry ul)oum the meeting wuhout notice other than announcement at the meeune until a quorum shall be present D Action taken by a ma)ot my of the Dircctots without a meeting shall constitute Board action it written consent to the action in question is signed by all the Directors and filed with the minutes of the proccechngs of the Board whether done before or after the action so taken Section 9 Order of Business "ncc ceder of business at all meetings of the Board shall be as follows A Roll call B Proof of notice of meet,ne or waiver of notice e C Reading of minutes of iatt meeting D Consideration of commumcurons E Elections of necessary directors and officers F R.poits of officers and employees G Rcpoits of commmccs I1 Unfinished busmcss Ortemal resolutions and new husmcss AdlOil n[Ile nt Section 11) Annual Statement the Maio shall presuu no Icss often than at the annual n �cct,or a full and clear statcmcnt of d c husin�ss and condition of the tAssociation inJudmg � cport of the operaong c vpemes of the Association and the ,isscssmcnt paid by cash member AR I R LE V OFFRJ RS Section I ExCL LRe Officers The evecuuvo officers of the Assouuron shall be at minimum a President znd Secretary but may also include a Vice -President andTreasurcr all of whom shall be elected annually by the Board from the Iviembershtp provided the Office of President and Secretary shall not be held by the same person Ilo"ever the same person may hold the Office of Vtcc President and Treason r or Secretary and Treatinior Any or all offrurs may also be directors of the Assocmtion Set tfon2 SuborthnateOffieers The BovdmavappointsuchothLrolficersandagentsfrom the mcmbcnhtp as they may dean necessary, who shall have such authority and perform such duties as from ume to time may be prescribed by said Board Section 3 Tenure of Officers RenfoIal All officers shall be subject to removal, with or wahout cauu at any time by action of the Board The Board may deleep to pofsers of removal of subordinate Of hccrs and agents to any officer Section 4 The President A fhc President shall preside at all meetings of the members tad directors he shall have general and active management of the business of the Association he shall see that all order and resolutions Of the Board are earned into effect he shall c\ecute bonds mottgaees amendments to the Declaration or By-L-Iws deeds of trust and other contracts requu rng a seal, under the seal of the Associalron B He snail have general super mtendence and m,ection of all the officers of the Association and shall sec that their duties are performed properly it,- shall Stbn— ,, ur he oner w), of Nir ,Assorra-inn for the fiscal year to the 7 direcmrs whenever called for by them and to the members at the annual meeting and from one to tune shall report to the Board all m mcrs within his knowledge which ,ht inteic5t of the Association may rcqutre to be broueh, to their notice D lie shall be an ex-officio member of all conninecs and ~hall have the general powers and dLIUC1 of super%isior, and management usually ,cstcd in the office of the President of an Association Seetmn -; I he Secretan \ File Secruary shall keep the nnnutes of the muo,hers rntetiIles and oft lie Board s meetines in one or mane books pros idcd for that purpose B I Ic ,hall sce that all notices tic fully given nit accordance with the provisions of these B� Laws or as ruµined by law C He hall be untodian of the Association s ruouh D He ,hall keep a rcgisict of the post oil ice adchess of each member, which shall oe futnishcd to the Scuetar� b" sttch member f_ InIgcneral hchall puformIli autiesmuck nitothe office ofSecret-try Ind such otherduues as from time to tune may be assigned ,o him by the Picvcfeni or by the Board of Dncetors Section 6 I he Vice -President �A I he V ice Presudent shall be vested with all the powers and required to per Iorm all the clutit, of the President in his absence, and such other dupes as may be prescribed by the. Board Section 7 7 he rreasurer A He shall keep full and accurate accounts of teccipts and disbursemcna in books belonging to the Assocmhon and shall deposit all monies and other valuable effects in the name and to the credit of the Assocmuon in such deposuorics as may be designated by the Board B He shall disburse the funds of the Association as ordered by the Board taking proper vouchers for such disbursemems, and shall renacr to the Prc,adent and Directors at the regular meetings of the Board or whencvcr they may it -quire n, an account of all hit transactions as IreasUren and of the financial condition of the Association Such reco,ds Atoll be open to mspecuon by members at reasonable allies C He imv be requt,ed to give the Association it the A\ sociation s cost a bond in a sum and with one or Toone uireues satisfactory to the Board, for the faithful performance of the duties of hit office and the restoration to the Assoct tion in case of [its death resignation or removal from office of all books papers vouchers money or othu propeity of whatever kind in his possession belonging to the ,association n e eta„ ., reef ,er for the ,„ re f. ;g h s o ny r qge older, or lien holders on lot, 8 who have requested of wi it Ihn they be Ieglstered; nd to whom udu the Assoc well glse notice of ciclault In case of nonpayment of assessments No responsibility ofthe Assoc Iattell is assumed wuh respect to said register etcept that It will give nouce of default of any owner in his obinzm�ons to the Associ won to any rEeiNcred nfortgaget or (tenor ihuLin if so rujueued by said mortgagee or (tenor E With the approval of the Bomu he shall be authorized to delegate all or part of his respomlhIht1cS to competent accounting collusion or management personnel, pursuant to,s r iten def Initio❑ of the responsibihues (Mcgated to and the Lonchnon of performance imposed upon such personnel but in such event the Treasurer shall retain supeivisory iespomibthoes SeetiO❑ S Vacancies If the oflice of city duLctor or officer bLeOtnes vacant by reason of (IL Ith resignation, disqualification or otherwise the eEmainufg dnLctots, by major ny Note of OIL remammg chrcuors provided for in these By -Laws may Lhoose a successor or succe»ors who shall hold ofhec for the lint spired term If the number of directors falls below thrLe a special members meeting shall be called for OIL purpose, of filling wch vacancies in IhL Bo ird of Ducctors Section 9 Resignations Any director or officer may resign his office at my time such Iesiimation to be made in si nung, and to I if e effect Irom the little of is receipt by the Board of Directors unless some later umc be filed in the resignation and then tram that date Th( acceptvuL of a resignation hs the Board shall not be required to male It LtfechVE All I ICLE V'I NOTICES Section 1 Definition Whenever under the provisions of the st nutes the Declaration of Co%enants Conditions Ind Restrictions for ALAMANCE or these By -Laws notice is required to be grsen to any dircuor or nmritm it shall not be construed to mean personal notice but such nouce may be given in writing by mail by depos,ting OIL same In a post office or letter box In a post paid, sL fled envelope, acldresscd as appears on the boots of the Aswciauon Section 2 Service of Notice - Waiter Whenever any not is required to be given under the provisions of the stalutLs, the Declaration of Covenants Conditions and Rcstnutons for ALAMANCE or these By -Laws a waiver thereof tit writing, signed by the person or persons entitled to such notice whether before or after the time stated therein shall h; deemed the egmvaluit thereof ARIICLEVII FINANCES Section I rascal Year ThL fiscal year shall be the calendar year unless Lhanged by action of the Board of Directors Section 2 Checks All checks or demands for monLy and notes of the Association shall be signed by any one of the following officers President, Secretary Vice -President or 1 te,uuler or by wch officer or officers or persons as thL Board of Directors may from time to time destgnate Section 3 Deter nnnation of Assessments A Th.- mt—I Re,rd h 11 d, lc "n ire f—m l—le n me the s_m or st, _s necess,,ly and idequate 9 for the common expense of the lots 4t the first annual meeting and all successive annual meetings of the Association the 4ssoaauon shall adopt by majority vote a budget which sh ill constitute the basis loi all regular assessments for common cxpcnses agvnst Lot owners, which assessments shall be due and payahlo periodically ❑s dctermmcd by the Board Provided it there is not a quorum II the annual meeting, then the expense for common expenses from the preceding year ietll continue to be charged until a quorum can be ,ntaincd Common expenses stall include expenses for the operation sin irnL[Wnce repair or replacement Of the common arras and tacilmes costs of carrying out the, pov'els and dunes of the Association all uisuranec prennu ns Ind expClses from time to umc by the Board of Directors of the Association and all other mauu s set forth In the Dcclnmtion or these By IWS B the Board Is ,pecIfICally empowered on beh ilf of the Assouation to male .md collect Isscsvnents ind maintain repair and replace the common areas and facilities Funds for the payment of common expenses shall be assessed against the Lot OwnLrs In the proportions of percentages of shannZ common expenses provided In the Declaration Assessnhuts shall be pavabk periodically as determined by the Board Provided Iwther that arse srncnis which are made for Innncd common area which Is utilized by Icss than all the lots In the subdivision shall be assessedl only against those lots which are required to use s ud Ini ned common area or which ale assigned the hmucd common area C Speual asscssutcnts may he Imposed as pros Ided III the Declaration for ALOMANCE D When the Board has deternuned the amount of any assessment the Treasurer of the Assouttion (or die personnel to whom such authoruy hit been delegated) shall mail or present a statement of the assessment to each of the assessed ownUs Ail issessments shall be payable to the Association and upon request the Tre [surer or his designated agent shall give a receipt for each payment made E The Board may cntei into a management contract with third patties to whorn the Boat d may dcicg.ue the po'set to levy and collect assessments approved by the Board or required by the Declaration of Covenants Conditions and Restrictions for ALAMANCE F All assusmeuts not paid when due sh ill bear Interest at a rate of 12% per annum and Incur Lite penalties as set forth In the Declaration In or Bylaws Section 4 Excess of Assessments In any year in which there is an excess of assessments received over amounts actually used or payable for the purposes described in these By -Laws and In the Declaration such cxccss shall unless otherwise determined by the Board of Directors of the Assoctation be deposited In a capual reserve account for use In Icplaccment repair or maintenance of the common areas and facthnts othhe Association AM ICLIF VIll DEI'AUi 1 Section 1 Enforcement of Lied for Assessments In the event an owner does not pay any sums charges or assessments required to be paid to the Association by the due date the P ssociation acting on its behalf or through its Board may enforce its lien for assessments or tale such other action to Iccovu the sums charges or assessments to which it Is entitled in accordance with the De(laratlou and the g,ILUtts made and provided of both Seehon 2 Charets t,); Late Payments 1 arts 'n the event that any assessments arc not paid 10 within thirty O0) days of the due (late then said assessment shall bear interest m the rate of I2% per aiinlnn Until paid I he Board may appoint an Idjudrestory panel to cictcrmmc if t Lrn owner should be fined not to execed one hundred fifty (SI5000) dollars, fora violation of the Declaration By -La vs or rules and regulations of the Association l he panel shall accord to the pirty charged with the violation nonce of the charge opportunuv to be heard and to present evidence and notice of the dcnston Such a fine shall he in assessment secured by bcn under Article IV of the Declaration Section 3 CON ernmental Liens and Assessments In the event inat an owner fails to pav any tax or gsscs,a cent I iwfully assessed by any governmental Sub&vmon within which the ploperty Is Suu ted Ihv the date such tax or assessment is due, the Bo ird may pay the same from the funds of the Association and specially a,scss such owner for the amount paid Section 4 I oreclosure If the Associauon becomes the owner of a Lot by reason of I UR.ILIOtiUre it shall offer said Lot for sale and at wch time as a sale is comununated it Shall deduct from the proceeds of said S11e all Sums of money due it for assessments charges vul late fees all coos incurred in the hriggtng of the foreclosure Sin" including rcasonable attornevs fees funds necessary to discharge any bens or mortgages of record and anv and all expenscs incurred in the resale Of the Lot which shall Include but not be lined to advcrtivng � xpell CS, real estate hrol eragc fceS and evpenus necessary for repaving u,d refufnrshing of the Lot in question All monies remaining after deducting the foregoing Itulls of expenses costs and other deductions shall be returned to the former owner of utbjcct Lot Section 5 Other Remedies la the event of violation of the provistons of the De6l1rAtI0u of Covenants Conditions and Restnurons for as the same ve defined in the Declaration for ten t 10) nays alter nonce from the Association to the Lot owners to correct said %iolation iha Assocranon on Its own behalf or by and througn its Board of Dnectors may bring appropriate action to enjoin such,rotation or may Lntorcc the provrvons of said Declaration of Covenants Conchtions rod Restrictions for ALAiMANCE or may sue for damages or tale such other courses of action or other legal remedy as it or they cony deem appropriate Section 6 Leaal Costs In the event any legal action is brought igvnst an owner and results in ❑judgmutt for the Association the owner shall pay the Association's rcasonable auorneys fees costs of collection and Court costs ARI ICLL IX JOINTOWNERSHIP vtcinbership may be held in the name of more than one owner In the event ownclshlp is in more than one person all of the joint owners shall be entitled collectively to only one, voice or ballot in the m,inagenxnt of the affairs of the Association and the vote may not be do ided between plural owners file manner of determining who shall cast such vote shall be su forth it, AR 1 ICLL 111, Section 7 of these By - Laws AR7 ICLE X INDENIN11 ICA LION The Association may secure such insurance as itdcems appropriate to insure the direc101S or off leers of the Association against all scats or act�cn, arising out of mmtcrs performed in thetrcapacity as dbleUtorS or officer of the Association Including tha rcasonable expenses Including attornevs fees actually and xcessa, J . ,nc.,,,ed by h„n ,rice, , , uo w,:h :he defe,, e or se,;le nen, erseJ . t,o ; or mcoinec, ion —Ill 11 vi appeal therein except in relation to such mauers aS to which such director or officer IS Id)udecd to have been gurhv of gross negligence or misconduct in the performance of his duty to the Association AR I'ICLL \1 ANIFNDNIEN I Thew By -Laws may only be filtered amended or ulded to it any duly celled meeting of the members provided (r) that [he nonce of the meeting shall costar❑ a full statement of the proposed amendment (n) that the quorum requirement for such purposes sit ill be a majority of alt the then members, in person or by proxy, (tit) that there be in of rruanve . otc of owners holding not less than two-thuch of the qull died' ores of munb,rs represented at sucn quorum ind (nv) tha, there rs or has been in iffurmatix e vote of the Bo,ud of Directors ARl ICLI. Ill, Section 2A may not be amended without (_vpress apptov rl of Declimin is defined in the Declaration No amcndmcm to these By -Laws shall be pass( d which ,touid operate to nnparr or prcluchee the nghn and/or liabilities of am mortgagees, and no amuidmcnt shall become opcnnne unless sct forth in an Amended By-Lnvs and duly recorded All Lot owners sit ill be bound to abide bt ,mv amendment upon the sarnc bane passed and duly set forth in an Amcuded By-Lat( s duly ILLOrdcl In the Office of the Register of Deeds of Ncw B unoecr County North Carolina AR I ICLE \II CON I RAC CS NO I BINDING I he Assouation shall not be bound other ducuWy or indirectly to contracts or leases including m tnaguncnt contracts unless there rs a right of termination of any wch contract or lcaSe without cIusc „ hrch ,s cteru, tble cs unout penalty at an tine after tramfcr of control of the AssocmtlOu from the initial duec,os t„ the lot owners and upon not snore th in 90 dtrvS noucc to the other party 1RFICLi AA11 RIGHT IoINFORrMAIION AND IINANCiAl SIArENI N1 fhe Assocauon shall make available to any Lot owner any lender and to hold -IS tnstucrs or guarantor of any first mortgage current topics of the Declnratron By -Laws and other rules conccrnmg the pro)cc and the books, records and financial statements of the ASSOU4ti0❑ AR I ICLE YI\ SPECIAL. PROVISIONS RCA S I ING 10 WASTEWA I ER COI I LC I ION, 1 REA 1 NIEN"I AND DISPOSAL SYSI ENI the Declaration of Covenants, Conduwuns and Resurcuons for AI_AMANCE provide for the installation and maintenance of a wastewatercollcetion trca,ment and disposal System and requires ccrtmn lots -Is more particularly set out in that Declaration to utilize this SyStem which has been rdutttfued as d common area for the use and benefit of lots specnccd in the Declaration of Covenants Conditions and Rcsu mions for ALArbiANCE is filed in the New Hanover County Registry or hereafter amended The follow rug provisions will apply to the enure,vast(statercolleci,on treatment and disposal systcnt rdentifled in the Declaration of lustre ions for ALANIANCE SectuonI Chcentire wastewatcrcollecton ticntnuentand(kposalsystemasalunuedcommonarea seeing the lots set forth in the Declaration will rece,ve the highest priority for expcndnur(_s by the '\tiSOUdtron except for federal state and local tat( s and insurance Section 2 file Association upon dISSOlutlon shall piovrdc for continued proper operation m,untc nonce and Demur of its t+astewater Coil, mon treatment and drsoosal system 12 Secuon3 TheAssocrauoneucptupondissolutionshallnottrensfer comevorasvgnorothcrwrse tclmquishonele-Ise its responsibil,uesfotthcopeiation Inai,ucnanceindrepai[ofniwactewatercollecuon trcttment and disposal system ARTICLE XV DIS I RIBUI ION Oh ASSETS IN EVENT OF I FRtMINA710N No part of the nct earnings of the Owncis Assocrauon Corporation sh ill Inure to the benefit of any officers duectors or rnunbers of the Corporation and in the e%cnt of dissolution of the Owners Association Corporation the assets thereof shall �hw all of its It lb -ties and oblrguions have been discharged or edcquate piovisions made therefor be,hsuibuted to any fssocranon or associations organized for purposes similar to those set forth in this Owners Association Corporation �R I tCl E XVI CONSPRUCI ION Whcrevcrthe masculine stngular form of the pronoun is used in these By I iws it shall be conwued to mean the masculine femrmnc or neuter, Singular or plural where the c'�ntctt so requires Should my of [he covenants he,em unposed be , old or be of beCllmc uncntorccable at law or nl equnv the tunaining pros istons of this instrument shall r. vcrtheless be and remain to full force and effect The foregoing were adop,, d as the By -Las, s of \LAMANCE I IOMEOWNERS ASSOCI ATION at the first meeting of its Board M Directors IN WITNESS WHEREOI the first Board ofDirectorshavchereuntosctthetrhandsand scalsthis the uav of January 2011 Philip R C'hnstmas Barbara fl Christmas P Rvan Christmas Cuufred to be correct this the day of 20_ SECREIARY OF THE MEEI ING OF THE FIRST BOARD OF DIRECTORS OF ALAMANCE HOMEOWNERS ASSOCIATION 13 Section 3 The Association e\cept upon di6solunon shall not a ansfei convey of assign ci othci \, ise ielinquishorreIcase its responsibihtiesIorthe operation mannenrncesi,drepauofits Nastewatcrcot lecuon treatment and disposal system ARTICLE XV DISTRIBUTION OF ASSETS IN EVENT OF TERMINATION No part of the net earnings of the Owncis Association Corporation shall inure to the benefit of and officer direc,or, or members of the Corporation and ip the cNent of dissolution orthe Owners Assoc,ation Corporation the assets thereof shall after all of its liabilities and obligations halve been discha-ged of adequate pronsions made therefor oe disti ibuted io am as;ouanon or associations organized for purposes similar to those set lorth in this Owners Association Corporation ARTICLE XVI CONSTRUCTION Wherever the masculine singular form of the pronoun is used rn these By -maws n shall be consu tied to mean the m^sculme femimne or neuter singular or plural where the conte\i so requires Should any of the covenants herein imposed be void or be or become unenforceable at law or ill equip the remaining provisions of this instrument shall tic, ertheiess be and remanl m full force anct effect The foregoing we,e adopteo as the By -Laws of AL +AiANCE- 1-I011,1EOWNERS \SSOCIA I10N at die first m�uing of its Boaid of Directors IN WITNESS WHEREOF the first Board of Directoisha\e hereunto set theirhands ^I'd seals is the _� day of September 2008 Philip R [Christmas P Ran Christmas _&_4__ � k(,4� Barbara H Christmas Certified to be correct this the —17 day of 20 0-1 SECRC f ARY OF "I HE MEE PING OF THE FIRS 1 BOARD OF DIRECTORS F10iv1EOWNIERS ASSOCIA -ION 13 OF ALANIANCE Section 3 The Association e\cept upon dissolution shad not trans�cr conyev of as,ten a otherw tsc rehnquiahor-cleaseitsresponstbthnesfortheoperation mamtenanecnndrepanofits �tiaste�.itercollection tiearment and disposal s_'stem ARTICLE Xb DISTRIBUTION OF ASSETS IN EVENT OF TERMINATION ,NO pan of the net earnings of the Owrets Association Comoration shall inure to the benefit of any offlceis rhrectois of members of the Crpormion and in the e"ent of dissolution of the Owners Assoc,atton Corporat'on the assets thereof shall after all of its habtlnics and obligations have been atschateed or adequate provisions made therefor be oisnbuted to am' associnnon or associations omantzed for purposes similar to those set forth in this Owners \ssociauon Corpoianon ARTICLE XVI CONSTRUCTION \V'heteverthemasculinesingularformofthepronounisuseotntheseRv-Lams nshallbeconsnued t� mean the masculine feminine of neuter singular or plural where the contevl so rcquires Should anv of the covenants herem imposed be void or be or become unenforceable at lay or to equip' the remaining ptovistons of this instrument shall nc%ertheless be and remain in FL,ll force and effect l he foiegotng %+cie adopted as me By -Lames of ALAnt V'SCE HOMEOWNERS �kSSOCIA FIOA at the fist mecrng of its Board of D.recrors IN W 11 NESS WHEREOF the first Board ofDtrecto�s jia\ e her eutao set their hangs and seals this the day of September 2008 PPubhp R Cbl istmass / P Ryan Christmas Barbara FI Christmas Certified to be correct this the day of 7YIz 20 O� SECRE- fARI' OF t HE Iv1EE ft\G OF FHE FIRST BOARD OF DIREC FORS FI0�4E0\bNLRS 4SSOCIA I ON 12 OF ALAMANCC t � � NAMBOFL2MWUABBdTYCQWANY HOUDAYDEVIMORaWrUC Date Fled 8/19/2008 11 05 00 AM Elame F Marshall North Carohna Secretary of State C2008113ON82 8'lAl'B(H+IINYxwuRATU)N NC SECRETARY OF STATE L LC ID NUM M 0925395 NAmnoFBusBm LAND Da/eLoPmEut ; PvsrbeKt -A4- "0"0-5 RBOIS OM AO DIT Cbtflbm. PlAk R RE(RSl'EREDOWICEMARMADDRES3. f2WWWA=ub Cbw W&WWt^ AIC 28111 REOISIMMOFFICESTRirsTADCRESS 12WNU&mb sCouH Wf1n81 ft% NC 2ull Nea HOWWFCorny. SI(BdAT M OF TT18 NEW &@1ATURS CONSRIV1ffiOOt ROff TOTHEAMORnIlHi'1' PRINCIPALOPBICBTElMHONBNDMBER 9 (0 7,71 13 S2, PRDICWALOMCBMARMADMUMS 12WWM=abogCawl Wfbabwtmk NC 2UH PRW.VAL OFFICE SlRW ADDRESS 12m Wf kmbng cowl Wgwblgrn(.1NC2NIJ i Ph.bpRAlphChns�w►S Is dARbARd 11. Cwr,%40AS Nor TalaMAuAtFER TNx�fv�hKl�freit, rdr Admaaa t�obu 14Awabw,yc} Addmra RoiiW+16 GF, AMmu Cuyr wDl.�►�sl, GT" (itr WrLr4T4jf9rww C&f � fic �P LB411 ANC. Zx Z141, Soom. ZW CERTTFICATTON OF ANNUAL RH'ORT MUST BE COWUMO BY AIL LII MW LLKIM TY COMPANIES FORM MIST BR SIGN® BY A YANA i®0►MBIER DATE 9_l,� Ra1o\r% Ch,r:s-6A,5 MAAjk6rrR TYPRORMNTNAMR TYPRORPRNiTmE ANNUAL BMW MR I= MAX TO: Saartny of RNb • Cmpard m Dhi.m • Pat O®w Boa 29M • Rough, NC 176m6,M25 Holiday Development, LLC Phil Christmas - 799-1382 1208 Williamsburg Court Wilmington, NC 28411 - Ke c co Ko S d � o P e-e- AA-.oiv - - - ----A-'Yk Mft lj A-EAJ_t -VV-C� _ s 41_4A l _ - - - - --IZO-pk - o-i-v_ S-tie- - AwJ --s,v - - -- - - (?v Y t_ LY b AJ _ %eke P-kowc - Pot e u 24t- ki L-: ;It dhv c� CT , �S 0AJ tY o Ive UJA- - Lin -� -J�- t - ©,v R-O A- . - - ------ - - - -- _ _ A-_ '0 o )c c 1 o 3e4- d- t,,, 4A& -- - -� a- - - - T_ Y_o C4 0 k t & m'� CG PoN D m O�v`etN AVCCI sm4p TuG C P 0 N C RM4n Slope t;aak C.RAs5 r4JS�ld -7 — a - � S �I�ecaic �w ,e s t 0 0 �. i�t►�Ri� iaS11`�d euc2 rN-r-+t- AC 1: zA �o-`U 1L�to1= 4A2U eel Xk Se!c �>`' 1D K-r�zvU co-u&L- 3 r", l(S , 4o s-f-14,z,+ kUwi t,j ojz-k.Iv G- . ( it m CU00 CO VOAA �o Vo tip, Iel rl a (0Uei2-N:te u, 3 S R�-�jv �r Z y titr b ck 7-23-� eked �Gti� ve-" -DpgA-oAed Ca C6 Cc 5 t o t -i o-2ui PC-0d , � xR c Ic'e� Pow d A-A1 7-3i-0 ckL r-Q1 Vii% Q-Vt'r-,u (" o u M Nj Je� 0-6-c PbNp Cif-`(o CToeD (RWYK oLCVa',4-p-) —II-� P oNb Clc'r-b GbeD ?oNDi—I—��IS- �TOOL� -- -- - -- - - --- -- -- - -- ---- --- ---------------- - ----- - -- - -- ----- ---- - ovo -- - -%Q - -- ---- - - QR-e-_-_Rc_pl�ct A ---�0- I►�; ss,,v J _ S: Ik _-sec�4��s z' - - �'=�z"-° --- --1°� R'�'"—'-, R•P /RAP- -e i� c :� ed_ A -At 00D - FOR REGISTRATION REGISTERR OF DEEDS RNANOERR IEYcoU ' w 2007 AUG 22 83 43 07 PA BA 5222 PG 2856-2859 FEE $2D 80 K REV STRAP 00 00 I0MI 121792N NORTH CAROLINA GENERAL, WARRANTY DEED Excm Tax. S82000`Ar fP Parcel Identifier No R03506-005-002-000 Vmfxd by fbmuy On the_ day of 20_ By Tau mavumevl was ptepermd by Fuss Lew Fenn, PC without Tide Esnmmatm Bnef deempnon Cm the Imcx LT 2 DIVISION OF IDA MURRAY YOPP ESTATE THIS DEED aside this 21 stday of August , 20-L by and between Pterpmnt Properties I LC I Holiday Development, LLC 1208 Williamsburg Court Wilmington, R C 28411 The denguanon Gmemor and Grmme as used berem obeli mdhde sues puts, rhea hairs, surzeamis, and atslgns, end ahali IKlmde amgular, plural mascaEne, ke or uevicer as mquared by commmtt YMNESSETH, that the Grmear, fora vdoable consukratew paid by the Gramme, theraeFptofwhlrh is haebyaclmowledged, has f and by tbeac presents docsgtmt, bargam, =9 andcommym icift Grodee m fee wimple, a8 thatcaum lotmparcelof land wonted in the City of Wilmington TownshipNow Hsmver Colmty NO"liCamlmaand more perlxndarlyddutbed as fabowra BEING all of Tract 2 as shown on map of survey showing DIVISION OF FDA MURRAY YOPP FSTACE as recorded m Map Book 20, Page 17, New Nmover County Registry mfinumcc in send map being hereby mode for a more particular dcunpuon The property beminabove described was ecquaed by Gramtor by instrument recorded in Book 5010 page 732 A rrng, sbowmg the above described property a mcurded OR Plat Book 20 Per 17 NC Bu AaRocmlmFmo%NO L3 ®1976, Rowed O 1977 2002 Prod by Apemrmt wdh the NC Bar Aatucmbon-1981 SoBPro Corporation. 333 E Su Fodus Rd, Raleigh, NC 27609 TO HAVE AND TO HOLD lM aforeand lotmpmcd of hod and W pnvfta road apprtmavi=tlmxb belonprg mtheGranaeo m fee simple And the 0111101 covemob with the Granter, thatGraotm u sewed ofthe ptemea mfee supple, has tbenghtto convey the same m fee simple, that title u marketable and fine sad clear ofall eaambcerca, and mstC naW will wrmam and defend the title sgamst the lawful clams of all passes w6omoever, odw it =the fo0owmg excryboaa, /N WITNESS Sv2IREOP, the Gramm her duly executed the t regobrg as of the day ad year that above welts Pinpoint Properties, 11.0 (Imirty, Name) By.; � Yr�¶A66NIgA1 l.Tr/rR� Tide President By Title By Tide State of North Carolina _ County of 11 the undersrgncd Notary Public of the County and Strip afiaw oemty that aclmowtedged the due exeamoo of the foregoing msb®ew far The purpoam stamp or seal this _ day of 20 _ Mr Cortmman Expires cared before no, thin day and Wrmen my band said Noasna Sate of North Camltaa. Comity of � Hanover t+�l se. 1, the im&n nedNotary Pobbc oftho Cmmyand 5ataform4muhdt.t P4, 1(— ( ,.,.){ :D'Sl. personally came blot me that day and acJmDwlcW tbat_be a the President of Plerpomt Properties Uc a North p�yC,b er p-suan7mamdbabuy'a imp'gcmdpemcsb�pbmtwpammhp(satrednougbthe e6'1 Wq�b�o that byamhordydalygrvenaodu the aotofsach emty,_ba==Wtbe foregmgg mm®t inranamemm nWc[®d F derA Wtmeas my hand and Notarial eso�mceal,tlm_a�dayof ZOQI �* N TA My Conanuam Eryrrav g%`� Sam of arth Carolina _ Comdy of 1. the undabgrud Notary Public of the County sad Sao WrU= my hand and NoMW rump or seal, this _ day of My Coamrmmn Notary Public The fomgomg C-0cah(a) of Wareoal6edmbecmrect TbnmsmtmeatmddmcmaBcaUmdulyngrsbnvdmdwdammdhmesodmdaBoohandP*pdtown on the Port page hereof Reguoer of Deeds Ian County BY Depury/Assistant• Regb cr of Deeds NC Bar Association Farm No LA O 1976, Reused ® 1977.200I Pnnad by Agmement with the NC Bar Assocaom-1981 Soli Corporation, 333 E. Sur Forks Rd. Raleigh, NC 27609 ATTACHMENT BEING all of Tract 2 as shown on map of survey sfrowing DIVISION OF IDA MURRAY YOPP ESTATE as recorded In Map Book 20 Page 17, New Hanover County Registry reference to sad map being hereby made for a more panicular description PIERPOINTPROP-0 EO 6455 wwrryMtle R d W WnYpmn Nc Za111 REBECCA P SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration 0312212007 03 43 07 PU Sock RE 5222 Page 2355,2a59 Document No 2007042234 DEED 4PGS $2000 NC REAL ESTATE EXCISE TAX $820 00 Recorder CRESWELL, ANDREA State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDIN *2007042234* 2007042234 C<W /l /9111Nd6 SOSID 925395 Date filed 6/29/2007 8.25 00 AM Elaine F. Marshall North Carolina Secretary of State C200717900338 ARTICLES OF ORGANIZATION OF HOLIDAY DEVELOPMENT, LLC Pursuant to 57C-2-20 of the General Statutes of North Carolina, the undersigned hereby submits these Articles of Organization for the purpose of forming a Limited Liability Company I The name of the Limited Liability Company is HOLIDAY DEVELOPMENT, LLC. 2 There shall be no limit to the duration of the Limited Liability Company 3 The name and address ofeach organizer executing the Articles of Organization is as follows James A MacDonald 1508 Military Cutoff Road Suite 102 Wilmington, N C 28403 4 The street address and county of the initial Registered Office of the Limited Liability Company is 1208 Williamsburg Court, Wilmington, New Hanover County, North Carolina, 28411 5 The mailing address if different from the street address of the initial Registered Office is 1208 Williamsburg Court, Wilmington, New Hanover County, North Carolina, 28411 The name of the initial Registered Agent is Philip R. Christmas. 7 The street address and county of the principal office of the limited liability company is 1208 Williamsburg Court, Wilmington, New Hanover County, North Carolina, 28411 The mailing address and county of the principal office of the limited liability company is 1208 Williamsburg Court, Wilmington, New Hanover County, North Carolina, 28411 Check one of the following _ Member -managed LLC all of the members by virtue of their status as members shall be managers of t imned Lia i i any X Manager -managed LLC ex t as provided by NCGS §57C3-20(a), the members of this Limi managers by virtue of their status as members 9 These Articles will be effective upon filing This the Mday of June, 2007 1 d, / gaSEAL) g,t on A acDa Ornizer