SW8980508_Current Permit_20091118

��A
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
November 18, 2009
Mr. Dennis Cronin, Manager
South Harbour Village Associates, LLC
Royal Nest 1295 Northern Boulevard, Suite
Manhasset, NY 11030
Subject: Stormwater Permit No. SW8 980508 Renewal
South Harbour Village and Marina
High Density Subdivision Project
Brunswick County
Dear Mr. Cronin:
Dee Freeman
Secretary
The Wilmington Regional Office received a'complete Stormwater Management Permit Renewal
Application for South Harbour Village and Marina on October 9, 2009. The Division is hereby
notifying you that permit SW8 980508 has been renewed on November 18, 2009, and shall be
effective until February 22, 2019.The plans previously approved on February 22, 1999, in
accordance with the regulations set forth in Title 15A NCAC 2H.1000 effective September 1,
1995, remain in full force and effect.
The renewal and re -issuance of this stormwater permit does not imply that the site is currently in
compliance. This site was inspected on March 13, 2009 and was found to be out of compliance
with the terms and conditions of this state stormwater permit. According to the Plan of Action
submitted by Jeffrey Man to the Division of Water Quality (DWQ) on October 9, 2009, the
inspection deficiencies will be completed and certified. Because of the scope of work that is
necessary to bring this system into compliance, please provide a written timeline that indicates
expected completion to the Division by December 19, 2009. Failure to complete these actions
by the date provided may initiate enforcement action.
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 thirty (30) days following
receipt of this permit. This request must be in the form of a written petition, conforming to
Chapter 150B 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, please contact
David Cox, or me at [phone].
Sin rely,
QeVorgett Scott `1
Stormwater Supervisor
Division of Water Quality
G DSldwc:
S:\WQS\STORMWATER\PERMIT\980508ren.novo9
cc: Jeffery Mann WiRO Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX: [phone] Customer Service:1-877-623-6748 NofthCaColina
Internet: www.ncevaterquality.org �������`>�
An Equal Opportunity 1 Affirmative Action Employer

November 18, 2009
South Harbour Village and Marina
Permit # SW 8 980508
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY COMMERCIAL 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. Dennis Cronin & South Harbour Associates, LLC
South Harbour Village and Marina
Fish Factory Rd, Oak Island, Brunswick County
FOR THE
construction, operation and maintenance of an Infiltration Basin 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.
The permit is hereby renewed subject to the following addendums, clarifications,
conditions and limitations:
1. The original permit conditions contained in the permit issued on February 22,
1999 remain in full force and effect, except as amended herein. (An additional
copy of this original permit can be obtained from the Division of Water
Quality, Wilmington Regional Office.)
2. This permit shall be effective from the date of issuance until February 22,
2019.
3. The permittee shall submit a permit renewal application request at least 180
days prior to the expiration date of this permit. The renewal request must
include the applicable documentation and the processing fee.
4. If the use of permeable pavement is desired, this permit must be modified to
add the permeable pavement conditions.
2

DWQ USE ONLY
Date Received
Fee Paid
Permit Number
J
-- 9-v
qlro.5-0?
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT RENEWAL APPLICATALON FORM
This form may be photocopied for use as an original
�r
I. GENERAL INFORMATION �� OCR
1. Stormwater Management Permit Number: SW8 980508
2. Permit Holder's name (specify the name of the corporation, individual, etc.):
South Harbour Village Associates, LLC
3. Print Owner/Signing Official's name and title (person legally responsible for permit):
Mr. Dennis Cronin, Manager
4. Mailing Address for person listed in item 2 above:
RoyalNest 1295 Northern Boulevard, Suite 17
City:Manhasset State:New York Zip:11030
Phone: (516 ) 365-9205 Fax:
Email:
5. Project Name: South Harbour Village & Marina.
6. Location of Project (street address):
Fish Factory Road
City:Oak Island County:Brunswick Zip:28461
7. Directions to project (from nearest major intersection):
State Highway 211 and Long Beach Road, south on Long Beach Road to intersection with Fish Factory Road
Turn left on Fish Factory Road to end of road (South Harbour Village & Marina).
II. PERMIT INFORMATION:
1. Specify the type of stormwater treatment: ❑Constructed Wetland ❑Bioretention ❑Wet Detention Basin
❑Dry Detention Basin ®Infiltration Basin ❑Infiltration Trench ❑Sand Filter ❑Other:
2. List any changes frorn project that was originally approved (attach additional pages if needed):
Two stormwater drop inlets (DI 6 and 7) were not installed.
Parking area configuration was modified, but quantity of impervious area was not increased.
Form SWU-102 (Renewal Form) Version 02.16.09 Pagel of 3

3. Do you have a copy of the original Operation and Maintenance Agreement? (check one)
®Yes (If yes, submit the attached (page 3) Operations and Maintenance verification sheet.)
❑No (If no, then submit a new Operations and Maintenance Agreement that can be located on the
Division of Water Quality Home Page under the BMP Manual link:
httpJ/h2o.enr.state.nc.us/su/bmp_forms.hbn)
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality
(DWQ). A complete package includes all of the items listed below. The complete application package
should be submitted to the appropriate DWQ Office. (Appropriate office may be found by locating project on
the interactive online map at hitn� h.un.f:r.st;te.ryc.u�/ �,''.m_ i n?a s.htm
1. Please indicate that you have provided the following required information by initialing in the space
provided next to each item.
Initials
• Original & 1 copy of the Stormwater Management Permit Renewal Application Fo
• Application fee of $505.00 (made payable to NCDENR)
• Operation & Maintenance Verification or a new O&M Agreement
• SWU-101 Application Form (if requesting a modification to the permit)
• Transfer of Ownership/Name Change Form (if requesting transfer of owmership)
VI. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 3)
certify that the information included on this permit renewal application is, to the best of my knowledge, correct
and complete. �11
..T � faILK Q o v 1(1 GLA•G a G t
Signature: _ `
<ii <v� �� Date / o o e
Form SWU-102 (Renewal Form) Version 02.16.09 Page 2 of 3

Operations and Maintenance Verification
I acknowledge and agree by my signature below that I am responsible for the performance of the
maintenance procedures listed in the original Operations and Maintenance Agreement. I agree to notify
DWQ of any problems with the system or prior to any changes to the system or responsible party.
Print mme Co u fi g R44,6 d v it V 14 L,4 C. if fro c r .g-rES LLC
'� 6 S C 2.o r✓ r M rl-r► iR- G R
Title: M A A/A 6-
Address:— Kc Y 4L a/A �P,
/A 4 IJ 1+4ITET� of. �. I/o?a
Phone: Q 4— 3 G r $ a o r
Signature:
0
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been
sold
and a resident of the subdivisii� has been named the president.
a Notary Public for the State of New N" n
CounV of W�r� , do hereby certify that
hMs C CA\In
personally appeared before me this day of OG �and acknowledge the due
execution of the forgo �a'
Mnance requirements. Witness my hand and official seal,
Notary Signature: =
U A
SEAL.
MICNAEL V. FA A
WTARY PUBLIC. SUb of Nwr Y0*
No. OMB12M
� Apd 14
My commission expires: W. \,-\, )V��
Form SWU 102 (Renewal Form) Version 02.16.09 Page 3 of 3

INFILTRATION POND MAINTENANCE
Project Name: South Harbour Village
Responsible Party Name: Ed Burnett; South Harbour Village Associates, L.L.C.
Address: 1301 Heron Run Drive Wilmington, NC 28403 Phone No: [phone]
After every runoff producing rainfall event, or at least monthly, whichever comes first:
1. Inspect the infiltration pond(s) for erosion, trash accumulation, grass coverage, and general
condition of the facility.
2. Repair eroded areas immediately, re -seed as necessary, keep side slopes and bottom mowed,
and remove trash.
3. Check any inlet piping, swales and catch basins. Repair broken piping, reseed swales, and
remove trash.
4. Inspect the bypass/overflow structure for blockage and deterioration. Remove blockage and
repair structure to originally approved design specifications.
5. Check the depth of the pond(s) every six months. If siltation has occurred to the point that
only 75 % of the original design depth is provided, remove the excess silt to the original
depth. Do not over -excavate, as this may cause the required water table separation to. be
reduced, and may affect the ability of the system to perform as designed.
I, r OW "U 94 Ad c f Z , agree to be responsible for performing
the maintenance items as listed above for this project. I agree to notify NCDWQ of any problems with
the system, or changes of the name of the project, name of the responsible party, or address.
Signature Date e g
Revised 2/25197 STORMWATER HE C E 1 V E
UN 121998
D
D E M
PROJ #

Permit No. `j W'8 � rj(�lg
(to e provide DWQJ
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality.
s
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
INFILTRATION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, an
infiltration basin supplement for each system, design calculations, plans and specifications showing all
stormwater conveyances and system details, and a signed and notarized operation and maintenance agreement.
I. PROJECT INFORMATION (please complete the following information):
Project Name : South Harbor Village Associates, L.L.C.
Contact Person: Mr. Ed Burnett
Phone Number: ( 910 ) 452-2727
For projects with multiple infiltration systems, a supplement form must be completed for each system.
This worksheet applies to: Basin 1 in Drainage Basin 1
(from plans) om Form SWU-101)
H. DESIGN INFORMATION (please complete the following information and attach supporting
calculations/documentation):
Soils Report Summary (based upon an actual field investigation and soil borings)
Soil Type . Loamy Sand .
Infiltration Rate 18 �or cf/hr/sf (circle appropriate units)
SHWT Elevation 3.5 fmsl (Seasonal High Water Table elevation)
Basin Design Parameters
Design Volume
Design Storm
Drawdown Time
Basin Dimensions
Basin Size
Basin Volume Provided
23,658 c.f. (1.5 inch event for SA waters, I inch event for others)
1.5 inch event
4.4 days
N/A ft. X
28,831 c.f.
Basin Elevations (in feet mean sea level)
Bottom Elevation
Storage Elevation
Overflow Elevation
5.5 fmsl
8.75 fmsl
8.75 fmsl
N/A ft. (Ref. drawings for basin dimensions)
(Provides 1 ft. of freeboard in basin)
(Control elevation in smart box)
Form SW-103 August 1998 Page 1 of 3

III. ,REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate that the following design. requirements have been met and supporting
documentation is attached. If the applicant has designated an agent. in the Stormwater Management Permit
Application Form, the agent may initial below. Attach justification if a requirement has not been met.
Applicants Initials
a. System is located 50 feet from class SA waters and 30 feet from other surface waters.
b. System is located at least 100 feet from water supply wells.
c. Bottom of system is at least 2 feet above the seasonal high water table (SHWT).
A41- d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon.
e. Off-line system, runoff in excess of the design volume bypasses the system (bypass detail
provided).
f. System is designed to draw down the design storage volume to the proposed bottom
elevation under seasonal high water conditions within five days (a hydrogeologic evaluation
may be required).
g. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is
attached.
h. System is not sited on or in fill material or DWQ approval has been obtained.
Plans ensure that the installed system will meet design specifications (constructed or
restored) upon initial operation once the project is complete and the entire drainage area is
stabilized.
j. System is sized to take into account the runoff at the ultimate built -out potential from all
surfaces draining to the system, including any off -site drainage.
k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (H:V).
��✓ 1. System is located in a recorded drainage easement for the purposes of operation and
maintenance and has recorded access easements to the nearest public right-of-way.
m. System captures and infiltrates the runoff from the first 1.0 inch of rainfall (1.5 inch event for
areas draining to SA waters ).
n. Drainage area for the device is less than 5 acres.
o. A pretreatment device such as a catch basin, grease trap, filter strip, grassed swale or
sediment trap is provided.
p. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches.
r. Vegetated filter is provided for overflow (50 feet for SA waters, 30 feet for other waters)
and detail is shown on plans.
S. Flow'distribution mechanism within the basin is provided.
Form SWU-103 August 1998 Page 2 of 3

IV. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT
1. After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion,
trash accumulation, grass cover, and general condition.
2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow
vegetative cover to maintain a maximum height of six inches,,and remove trash as needed.
3. After every runoff producing rainfall event and at least monthly inspect the bypass/overflow structure for
blockage and deterioration. Remove blockage and repair structure to originally approved design
specifications.
4. Remove accumulated sediment annually or when depth is reduced to 75% of the original design depth.
Restore depth to original design depth without over -excavating. Over -excavating may cause the required
water table separation to be reduced and may compromise the ability of the system to perform as designed.
5. If DWQ determines that the system is failing, the system will immediately be repaired or replaced to
original design specifications. If the system cannot be repaired to perform its design function, other
stormwater control devices as allowed by NCAC 2H A 000 must be designed, approved and constructed.
I acknowledge and agree by my signature below that I am responsible for the performance of the above
maintenance procedures. I agree to notify DWQ of any problems with the system or changes in the name of the
project, responsible parry, or address.
Print
Addi
Phon
Title;
Sign
Date:
I, Haydee J. Hendrix
a Notary Public for the State of North Carol i n a
County of New Hanover , do hereby certify that ALTON Y . LENNON
personally appeared before me this 11 t h day of January 19 9 9 , and acknowledge the
due execution of the forgoing infiltration system maintenance requirements. Witness my hand and official seal,
SEAL
Um sion expi s a y 22, 2001
Form SWU-103 August 1998 Page 3 of 3

'M . Lf. LVVl J.LV
ivvVJ7L J
April 3, 2009
South Harbour Village and Marina
Stormwater Permit No. SW8 980508
South Harbour Village and Marina
Brunswick County
Stormwater Proieet No. SW8 980508
Page 1 of 2
Designer's Certification
I JefFrey A. Mann Professional Engineer in
as a duly registered
the State of North Carolina, having been authorized to observe (periodically / weekly /
full time) the construction of the project,
South Harbour Village & Marina
(Project)
for South Harbour Village Associates, 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.
Required Items to be checked for this certification to be considered
page 2 of this form.
Noted deviations from approved plans and specifications:
The available storage volume of on -site stormwater infiltration basin has been
increased to accommodate the as -built South Harbour Village & Marina
development. The basin volume has increased from 15,295 cubic feet to
25,670 cubic feet. The increased basin remains with the original dimensions
and capacity of the basin as approved under Permit No. SW8 980508. See
attached summary for additional information.
Signature _ ��— SJXrc A,
Registration Number 2(o 9 3 q
Date 12 1 D
Page 4 of 5
on

I.- ". LVU/ J.LV -
April 3, 2009
South Harbour Village and Marina
Stormwater Permit No. SW8 980508
Certification Requirements: Page 2 of 2
Y 1, The drainage area to the system contains approximately the permitted
acreage.
Y 2.
Y 3.
Y 4
Y 5.
N/A 6.
Y*
10.
N/A 11.
X 12.
X 13
The drainage area to the system contains no more than the permitted
amount of built -upon area.
All the built -upon area associated With the project is graded such that the
runoff drains to the system.
The outlevbypass structure elevations are per the approvec
The outlet structure is located per the approved plans.
Trash rack is provided on the outlet/bypass structure.
All slopes are grassed with permanent vegetation.
Vegetated slopes are no steeper than 3:1.
The inlets am located per the approved plans and do not cause short-
clrcuiting of the system.
The permitted amounts of surface area and/or volume have been
provided.
Required drawdown devices are correctly sized per the approved plans.
All required design depths are provided,
All required parts of the system are provided, such as a vegetated shelf,
and a forebay,
Y*
14. The dimensions of the system, as shown on the approved plans, are
provided.
cc: NCDENR.DWQ
Brunswick County Building Inspections
* See attached Summary of Stormwater Infiltration Basin Improvements/Modifications and As -Built Survey
Page 6 of 5

Inst # 211059 Book. 1948Page: 82
parties from the reasonable over spray of water from that Golf Facility. Provided,
however, the foregoing liability limitations are not applicable to any of the name persons
with respect to their acts or omissions as golfers, members or guests using the Golf
Facility.
However, it is expressly understood that nothing herein expressly stated, or
otherwise implied, shall require the Declarant, or any person, firm, or corporation, or
either of them, or their successors and assigns, to own, provide, operate, and/or maintain
a Golf course or facility as above is described or otherwise. Declarant, and any current or
future owner of the golf facilities expressly reserve the right to close all or any part or
portion of the said Golf facility and property and, they further do reserve the right to
develop all or any portion of the golf course property for such purposes as they, or any of
them, in their sole discretion shall deem appropriate.
WITNESS WHEREOF, SOUTH HARBOUR VILLAGE ASSOCIATES, LLC has
caused this instrument to be duly executed by its authorized Member -Managers, and
Viable Corp. and Quality Farm , Inc., have caused this instrument to be duly executed by
their respective officers as was authorized by their respective Boards of Directors, and
the individual signatories have hereunto set their respective hands and seals, as of the day
and year first above written.
SOUTH HARBOUR VILLAGE ASSOCIATES, LLC, Declarant "I
d.0
By: Wilmmgto olding Corp., Member -Manager . �E , YM/46
�
__.........
_ o
By - - sr
Vice President
Attest: '1 0 i` '�1.t?::'.....••'.j.''
VIABLE CORP., Declarant
By S•�l' �_ .A to-
E. L . Burnett, III, President
At tt '
istapt Secretary
28

Ir'St # 2.11059 Book 1948Page= 83
QUALITY FARM INC.
ZBy.—_ <: �'— L'a- _.
E. L . Burnett, III, President
R
Attes
Assistant Secretary
l �
(SEAL)
E. L. BtMNETT, III, Declarant
(SEAL)
• (SEAL)
DIANE M. S , Decl t
1Y `1 4ES S. BURNETT, Declarant
(SEAL)
MARJORft A. BURNETT, Declarant
L �C�rzkP11, V- YWQMIVY (SEAL)
CHARLES F. GREEN, III, Declarant
29

Inst # 211059 Book 1948Page: 84
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid, certify that _Jerry Thomason_
personally came before me this day and acknowledged that she is the Assistant Secretary
of Wilmington Holding Corp., a North Carolina corporation, which corporation is a
Member -Manager of POINT ASSOCIATES, LLC., a North Carolina Limited Liability
Company, and that by authority duly given and as the act of the corporation, the
foregoing instrument was signed in its name by its Vice President, sealed with its
corporate seal and attested by herself as its Assistant Secretary, on behalf of and as the
act and deed of the said POINT ASSOCIATES, LLC.
WITNESS my hand and official stamp or seal, this day of ,
2004.
My commission expires
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid, certify that Alton Y. Lennon
personally came before me this day and acknowledged that he is the Assistant Secretary
of Viable Corp., a North Carolina corporation, and that by authority duly given and as the
act of the corporation, the foregoing instrument was signed in its name by its President,
sealed with its corporate seal and attested by himself as its Assistant Secretary, all as was
duly authorized by its Board of Directors. 'A.- `7.01
WITNESS my hand and official stamp or seal, this a day of
2004.
44, otary Public
My commission expires: ! Z - o F—d,f
30

Inst # 211059 Book 1448Page: 85
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid, certify that Alton Y. Lennon
personally came before me this day and acknowledged that he is the Assistant Secretary
of Quality Farm, Inc., a North Carolina corporation, and that by authority duly given and
as the act of the corporation, the foregoing instrument was signed in its name by its
President, sealed with its corporate seal and attested by himself as its Assistant Secretary,
all as was duly authorized by its Board of Directors.
WITNESS my hand and official stamp or seal, this vW fday of
2004.
S '
67
otary Public
My commission expires: / -•u b --d s" ac J `'
• 1 S
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of da. County and the State aforesaid, certify that
CHARLES F. GREEN, III, personally came before me this day and acknowledged his
due execution of the foregoing and annexed instrument.
WITNESS my hand and official stamp or seal, this a day of
2004.
My commission expires: 11-^° Y—vs'
31

Inst # 211059 Book 1940Page_ 86
STATE OF NORTH CAROLINA
COUNTY OF
I, a Notary Public of ki-�5 W i C iL County and the State aforesaid, certify that
E. L. BURNETT, III, and wife CAROLYN D. BURNETT, each personally came before
me this day and acknowledged their due execution of the foregoing and annexed
instrument.
WITNESS my hand and official stamp or seal, this cUrd day of y, ,
2004.
-A /I
V �'f
Notary Public =
c ° CU w
My commission expires: ` C� .0 , ,� 0 O y :G�' "UBLNC'
s(//'�• �®
STATE OF NORTH CAROLINA
COUNTY OF
I, a Notary Public ofif1.w5w i CIL. County and the State aforesaid, certify that
JAMES S. BURNETT and wife MARJORIE A. BURNETT, each personally came
before me this day and acknowledged their due execution of the foregoing and annexed
instrument.
WITNESS my hand and official stamp or seal, this o1a day of
2004.
Notary Public Sszi A
UBo
,�O • A
My commission expires:CON'` :\
fill list"
32

STATE OF NORTH CAROLINA
COUNTY OF
Inst # 211059 Book 1948Page: 87
I, a Notary Public of -B r a n 5 a) i' c IC County and the State aforesaid, certify that
LEE ROY SMYRE and wife, DIANE M. SMYRE, each personally came before me this
day and acknowledged their due execution of the foregoing an4 annexed instrument.
WITNESS my hand and official stamp or seal, this ,)Z-31` ` ay09pfol"
2004.
� J
�`.� ic5co04u••• JJP
Notary Public zE v • <,�
My commission expires: 3 C) Q PP°J �`�'°�'`.... .•••"••`b��ti
JJJ J� �e }� � ft'+� •'iyh
d,�iflf flliitkl:S,i
AYL2004A: SHVMUCONDODECnt
STATE OF NORTH CAROLINA
COUNTY OFBRUNSWICK YVONNE R SNEEDEN, JERRY Y THOMASON,REBA C ADAMS
The Foregoing (or annexed) Certificate(s) of
Notary(ies) Public is (are) Certified to be Correct. 21 s t May 2004
This Instrument was filed for Registration on this Day of ,
in the Book and page shown on the First Page hereof. 111'-Z��f OrsJ�
`)
. r
RO E J. RO INSON, Register o D s
33

Inst # 211059 Book 1948Page: 88
EXHIBIT "A"
(Page 1 of 2)
TRACT ONE
The Following Description is of a Tract
rich Contains The Multi Unit Building
at 5001 O' Guinn Boulevard
Oak Island, North Carolina
To arrive at the true point of beginning commence at a railroad spike on the
center -line of Fish Factory Road (60 foot right -of way), also known as SR 1101. Said
spike being at the southern terminus of the public right-of-way. Said spike being, 4900 feat,
more or less southwardley, as measured along the center -line, from, the .intersection of Fish
Factory Road with N. C. 133. Said spike being located North 01 degrees 59 minute 04
seconds .Bast 911.94 feet, from 13. S. Corps of Engineers Atlantic Intracoastal Water Way
right-of-way monument "Ti-20" having N. C- Csrid Coordinatcs (NAD27), of North
63665.8037 Fast 2294571.1.9556 and a combined factor of 1,000139424. All bearings in.
this description are relative to N. C. Chid NAI)27 and all distances arse field horizontal. Go
thence from said spike South 13 degrees 13 minutes 01 second Fast 550.91 feet, to a new
iron pipe, 'TIME TRUE POINT OF BEGINNING. Running thence from said beginning
pipe:
South. 06 deMes 34 minutes 18 seconds West 75.00 feet, passing through a now
iron pipe at 72.00 feet, to a point on the southerly face of a concrete bulkhead;
thence
2. North 83 degrees 25 minutes 42 seconds West 116.33 feet, along the southerly face
of said bulkhead to a new "x"-cut in said bulkhead: thence
3. North 06 degrees 34 minutes 18 seconds Fast 75.(H) feet, to a new iron pipe;
thence
4. Continuing North 06 degrees 34 minutes 18 seconds Fast 15.23 feet, to a new
"X"-cut in a concrete walk; thence
5. South 83 degrees 17 minutes 21 set;omds East 116.35 feet, along the face of said
walk to a new "x"-cut in concrete; thence
6. South 06 degrees 34 minutes 1.8 seconds West 14.95 feet, to the point of
beginning.
T:he above described tract contains 0.20 acres, more or less. The same being a
portion of that tract described in Deed Book 1407 as Page 1387 of the Brunswick County
Registry.

EXHIBIT "A"
Page 2 of 2)
Inst # 211059 Book 1948Page: 89
TRACT TWO
The Following Description is of a 'Tract
Which Contains The Multi Unit Building
at 5003 UQuinn Boulevard
Oak Island, North Carolina
I.o arrive at the true point of beginning commence at a railroad spike on the
center -line of Fish Factory Road (60 -foot .right-of-way), also known as SR 1101. Said
spike being at the southern terminus of the public right-of-way. Said spike being 4900 feet,
more or less, southwardley, as measured along the center -line, from the intersection of i"l isi t
Factory Road with N. C. Highway 133, Said spike being located North 01 degree% 59
minutes 04 seconds East 911.94 feet, from U. S. Corps of Engineers Atlantic Intracoastal
Water Way right-ol-way monument "41-20" having N. C. find Coordinates (NA- 027), of
North 63665.8037 East 2284571.19556 and a combined factor of 1.000139424. All
bearings in this description are relative to N. C. Grid N AD27 and all distances are field
horizontal. Uo thence from said spike South 13 degrees 1:3 minutes 01 second Last 550.81
feet, to a new iron pipe, 'rHE TRUE. PC)INT OF I3EOINNING. Rwtning thence from said
beginning pipe:
North 06 degrees 34 minutes 18 seconds Eastl4.95 feet, to a new "x"-cut in
concrete; thence
2. South 83 degrees 17 minutes 21 seconds Fast 1.00.00 feet, along the face of a
concrete walk to a new IMAGY" nail in concrete; thence
3. South 06 degrees 34 minutes 18 scconda West 14.71 feet, to a new iron pipe;
thence
4. Continuing South 06 degrees 34 minutes 18 seconds West 7 �.00 feet, to a point on
the northeriy face of a bulkhead; thence
North 83 degrees 25 minutes 42 seconds West 100.00 feet, along the face of said
bulkhead, to a new iron pipe; thence
6. North 06 degrees 34 minutes 18 seconds 1:ast 72.00 feet, to the point of beginning.
11e above described tract contains 0.16 acres, more or ic-ss. The same being a
portion of that tract described in a deed recorded in Eked Hook 1.407 at Page 1387 of the
Brunswick County Registry.

Exhibit B
Inst # 211059 Book 1948Page: 90
Unit Number Percentage in Common Elements and Common Expenses
Unit 5001-A
5%
Unit 5001-B
5%
Unit 5001-C
5%
Unit 5001-D
5%
Unit 5001-E
5%
Unit 5001-F
5%
Unit 5001-G
5%
Unit 5001-H
5%
Unit 5001-I
5%
Unit 5001-J
5%
Unit 5003-A
5%
Unit 5003t-B
5%
Unit 5003-C
5%
Unit 5002-D
5%
Unit 5003E
5%
Unit 5003-F
5%
Unit 5002-G
5%
Unit 5003-H
5%
Unit 5003 I
5%
Unit 5003-J
5%
Total Units now subject to this Declaration: Twenty (20).
35

Exhibit C
Encumbrances Irst # 211059 Book 194SPage: 91
Sl TBJECT TO:
Any restrictions of record not inconsistent herewith.
All rights of way and easements of record and/or as are shown upon
recorded maps or plats of the area, including, without limitation, all plats of the
properties of Point Associates, L.L.C., South Harbour Village Associates, LLC.,
and/or Marina Club at South Harbour Village Condominiums, (and all Sections or
Phases thereof) and/or their successors and/or assigns.
All matters and things set forth in that Deed from Standard Products of
North Carolina, Inc., to Point Associates, L.L.C., recorded in Book 1125 at Page
1252 of the Brunswick County, North Carolina, Registry.
36

Br>,ns-wick County --Register of Deeds
Robert J. Robinson
Inst #131467 Book 1645Page 834
10/16/2002 03: 30: 21pn Recil j 2'L S ��
y G Y ,Q
Cif. ,,• t3'I
CASH.......�-
a RECEIVED
This instrument prepared by Stevens, McGhee, Morgan, Lennon & Toll, LLP
JUL. 21 2004
STATE OF NORTH CAROLINA DW
COUNTY OF BRUNSWICK PROJ # �� ? q o
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
MARINA CLUB AT SOUTH HARBOUR VILLAGE CONDOMINIUMS, SECTION "A"
SOUTH HARBOUR VILLAGE ASSOCIATES, LLC, A North Carolina Limited Liability
Company, hereinafter called "DECLARANT" and/or `DEVELOPER', being the owner in fee simple of
the property hereinafter described, hereby submits said property to condominium ownership pursuant to
Chapter 47C of the General Statutes of North Carolina as amended, known as the "North Carolina
Condominium Act", and to that end does hereby publish and declare that all of the said property to be
known as "MARINA CLUB AT SOUTH HARBOUR VILLAGE CONDOMINIUMS, SECTION "A" is
and shall be held, conveyed, hypothecated, encumbered, used, occupied, and improved subject to the
following conditions, covenants, restrictions, uses, limitations and objections, all of which shall be
deemed to run with the land and shall be a burden and benefit to Declarant, their successors and assigns,
and any person acquiring or owning an interest in the property and improvements, their grantees,
successors, heirs, executors, administrators, devisees and assigns.
SOUTH HARBOUR VILLAGE ASSOCIATES, LLC, Declarant, further states that MARINA
CLUB AT SOUTH HARBOUR VILLAGE CONDOMINIUMS, SECTION "A" and the MARINA
CLUB AT SOUTH HARBOUR VILLAGE UOA, INC. shall also be subject to the Master Declaration of
Covenants, Conditions and Restrictions of South Harbour Master Property Owners Association, Inc.
and/or the South, Harbour Master POA, Inc. (The "Master Declaration") and have all rights and
obligations as all other members in South Harbour Master Property Owners Association, Inc., including
the obligation to pay assessments to the Master Association and right to use the amenities of the Master
Association.
LDEFINITIONS. Unless it is plainly evident from the context that a different meaning is intended, as
used herein:
A. "Act" or "North Carolina Condominium Act" means the statutory prpvisions set forth in
Chapter 47C of the North Carolina General Statutes, the North Carolina Condominium Act, under which
the condominium is established.
B. "Assessment" means a share of the funds required for the payment of common expenses,
which from time to time is assessed against the unit owners by the Association.
C. "Association" means the MARINA CLUB AT SOUTH HARBOUR VILLAGE UOA,
INC., the entity responsible for the operation of the condominium pursuant to the Act, which entity
includes all of the unit owners acting as a group in accordance with the By -Laws and Declaration. The
words "Corporation" and "Association," as used in the Articles of Incorporation, the By -Laws, and this
Declaration shall have the same meaning and may be used interchangeably.
D. "Board of Directors" or 'Board" means the Board of Directors of the Association, and
"Director" means a member of the Board.
E. "By -Laws" means the By -Laws for the government of the condominium, as they exist
AAMARINA-I.WPD

Inst 0 131467 Book 1645Page: 835
from time to time. A copy of the initial By -Laws are hereto attached as Exhibit "E" and made a part
:hereof by reference.
F. "Building" or "Buildings" shall mean all structures and improvements now or hereafter
erected upon the property.
G. "Common Areas and Facilities" means the portion of the condominium property owned, in
undivided interest, by all of the owners, as more specifically set forth herein in Section 5.
H. "Common Expenses" include the expenses of administration, maintenance, operation,
repair and replacement (including a capital reserve for repair maintenance and replacement), of the
common area and facilities, and other expenses declared by the Association to be common expenses, as
further defined in the Act.
I. "Common Profits" means the balance of all revenue of the Association remaining after
deduction of common expenses.
J. "Condominium" means real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership solely by the owners of those
.portions. Real estate is not a condominium unless the undivided interests in the common elements are
vested in the unit owners.
K. "Condominium Documents" means this Declaration, the By -Laws, the Rules and
Regulations and all other Exhibits attached hereto and all other documents and regulations promulgated
pursuant to the authority created herein and in the Act, and as such documents shall be amended from
time to time.
L. "Declarant" and "Developer" each mean SOUTH HARBOUR VILLAGE ASSOCIATES,
LLC., its successors, and assigns.
M. "Declaration" means this instrument as it may be from time to time amended or
supplemented.
N. "Development rights" means any right or combination of rights reserved by declarant in
the declaration to add real estate to a condominium; to create units, common elements, or limited
common elements within a condominium; to subdivide units or convert units into common elements; or
to withdraw real estate from a condominium.
O. "Eligible Mortgage Holder" or "Eligible Holders" is defined as a holder of a first mortgage
or lien on a unit who has requested notice of certain matters from the Association.
;1
P. "Limited Common Areas, Elements, and Facilities" means and includes those common
areas, elements, and facilities which are reserved for the use of a certain unit or units, to the exclusion of
other units, as more specifically defined herein.
Q. "Master Association" shall mean and refer to South Harbour Master Property Owners
Association, Inc., and/or South Harbour Master POA, Inc., and/or South Harbour Village Master
Association, Inc., of which Marina Club at South Harbour Village UOA, Inc. (the "Association") shall be
a member and shall be subject to the Master Declaration pursuant to Chapter 47-F of the General Statutes
of North Carolina.
R. "Iviortgagee" shall mean a beneficiary under a mortgage or Deed of Trust.
S. "Plans" shall mean and refer to the plans and specifications of the condominium prepared
by Sherwin Cribb, Registered Land Surveyor, recorded under the name of the condominiums in the Unit
Ownership file in the Office of the Register of Deeds of Brunswick County, in Condominium Plat Book 9
AAMARINA-I.WPD
2

Inst # 131467 Book 3.645Page: 836
at Pages 34 and 35 and attached hereto as Exhibit 'B", sheets 1 and 2, and incorporated herein by
reference.
T. "Property" means and includes the land described in Section 2 of this Declaration together
with any buildings and improvements located thereon as well as any lands annexed and made subject to
this Declaration pursuant to the terms hereof.
U. "Shared Common Areas," "Shared Common Properties," and/or "Shared Common
Amenities" shall mean and refer to all real and personal property, which may be owned by a third party
but which may be made available for use by the owners of the condominium in consideration of the
payment of prorated charge for such use.
V. "Special Declarant rights" means rights reserved for the benefit of a Declarant to complete
improvements indicated on plats and plans filed with the declaration; to exercise any development right ;
to maintain sales offices, management offices, signs advertising the condominium, and models; to use
easements through the common elements for the purpose of making improvements within the
condominium or within real estate which may be added to the condominium; to make the condominium
part of a larger condominium; or to appoint or remove any officer of the association or any executive
board member during any period of Declarant control.
W. "Unit" or "Condominium Unit" means a part of the property, which is to be subject to
private ownership, as designated on the Exhibits attached to this Declaration and as further defined in the
Act.
X. "Unit Owner" or "Owner" means a person or entity, or any combination thereof, which
owns a unit but does not refer to the Trustee or cestui que trust unless and until there has been a transfer
of title pursuant to foreclosure or any proceedings in lieu of foreclosure.
2. DESCRIPTION OF PROPERTY. All of that certain tract or parcel of land with the building and
improvement thereon erected, or to be erected, situate, lying and being in the Town of Oak Island,
Brunswick County State of North Carolina, and being more particularly described in Exhibit "A" attached
hereto and incorporated by reference hereby as though fully incorporated herein.
Declarant submits only that portion of the land described in Exhibit "A" attached hereto upon
which SECTION A of Marina Club Condominiums are to be constructed. The property hereby submitted
is more particularly described by that Condominium Plat recorded in the Brunswick County Registry in
Condominium Plat Book 9 at Pages 34 and 35, Nevertheless, Declarant hereby reserves the right and
option, but not the obligation, to expand the property subject to this Declaration by adding all or any
portion or portions of the land described in Exhibit "D" attached hereto and made part hereof to the
coverage of this Declaration. If Declarant chooses to expand the property dedicied to Condominium
ownership, the expansion will contain a maximum of Twenty-eight (28) units in addition to those in
Section "A". The Developer also retains the right, subject to the maximum number of additional units
above noted, to add contiguous, or nearly contiguous, tracts to the project at its sole discretion.
Any extension shall occur, if at all, by the recordation of one or more amendments to this
Declaration and one or more supplementary condominium plats as required by law. Each amendment to
the Declaration shall be called a "Supplemental Declaration" and shall be executed by the Declarant or its
successors and assigns. The recordation of any such supplemental declaration and expansion of the
property subject to this Declaration effectuated thereby shall not require consent or ratification of any
unit owner.
Further terms, conditions, liabilities, and rights concerning expansion into further phases of
development, are to be found in Section34, Expansion of Condominium, of this Declaration.
:3. DESCRIPTION OF BUILDING. The Declarant has constructed, or will construct, upon the
A:\MARINA-1.WPD

Inst # 131467 Book 1645Page: 837
property described in Exhibit "A" attached hereto, a single two unit building to be used for residential
purposes as herein provided. A plat or survey of the property showing the location of said building is
attached hereto and made a part hereof as Exhibit "E. The building is more particularly described in the
plans thereof, a copy of which plans are attached hereto as Exhibit "B" and made a part of hereof,
showing all particulars of the building as required by law.
In general, the building has two to two and one half stories built on concrete foundation and
constructed primarily of wood frame with composite material and/or wooden exteriors. The building
will contain two units with three bedrooms, each unit containing approximately 1700 square feet of
enclosed area. Further, each unit shall contain two and one half (2 1/2) bathrooms, a kitchen, a dining
room -living area -great room, and a deck or balcony.
In addition, the buildings will have two (2) parking spaces per unit, walkways, stairs, landscape
areas, and other appurtenances and facilities. All parking shall be only in designated parking spaces, and
not in other parts of the streets and common areas.
4. UNIT DESIGNATION AND DESCRIPTION.
A., DESIGNATION. The unit designation of each unit, its location and dimensions, is set
forth in Exhibit "B" hereto attached and made a part hereof. Each unit is identified by Section. For
example, the units in the first section (Section "A") shall be designated as follows:
Unit A-101 (downstairs) and
Unit A-201 (up -stairs)
Further, each unit shall be assigned a street address by the appropriate local authority.
B. DESCRIPTION. The legal description of each unit shall consist of the Section number
and a unit number which identifies such unit as shown on the plats hereto attached as Exhibit "B." Each
unit is bounded both as to horizontal and vertical boundaries by the interior surface of its perimeter walls,
ceilings and floors which are shown on said plans, subject to such encroachments as are contained in the
buildings, whether the same now exist or may be caused or created by construction, settlement or
movement of the buildings, or by permissible repairs, construction or alteration.
Each unit shall be conveyed and treated as an individual property capable of independent use and
fee simple ownership, and the unit owner of each unit shall also own, as appurtenance to the ownership of
each said unit conveyed, an undivided interest in the common areas and facilities. The percentage of
undivided interest in the common areas and facilities appurtenant to each unit shall be as set forth in
Exhibit;"C" attached hereto and made a part hereof. The percentage of undivided interest in the common
areas and facilities that is appurtenant to each unit has been determined by a ratio formulated upon the
approximate relation that the square footage of each unit at the date of the Declaration bears to the then
square footage of all the units having an interest in the common areas and facilities. The Declarant has
determined the square footage of each unit and the square footage of all of the units, and its determination
shall be binding upon all units and unit owners. Except as provided in Sections 27 and 34, below, the
percentage of undivided interest in the common areas and facilities assigned to each unit shall not be
changed without the unanimous consent of the owners of all the units.
5. COMMON AREAS AND FACILITIES.
A. The common areas and facilities generally shall mean and refer to all of the real property,
described in Section: 2 and all of the improvements and facilities thereon which are not units, as
hereinabove defined, and which are not items of personal property owned, held and maintained by unit
owners. Without in any way limiting the generality of the foregoing, the common areas shall include, but
not be limited to, the following:
(1) All of the real property more particularly described in Section 2 of this
AAMARINA-I MPD
4

A �
1�.
l �
Declaration, with the stated exception of all units. [nst # 131467 Book 1645Page: 838
(2) All foundations, columns, girders, beams, supports, roofs, ventilation fans and
vents, load bearing walls, including all exterior walls and all interior walls (except non -load bearing
partition walls wholly within a unit) of the buildings.
(3) All stairways, stairwells and stairs and their components, if any, which give access
to more than one unit.
amenities. (4) All yard and garden areas, parking and drive areas, sidewalks, and any other
(5) All installations of and facilities, apparatus, conduits, and equipment for the
provisions of all utility services, including, but not limited to, all water and sewer service, electricity,
heating, air conditioning, telephone, irrigation, trash disposal, if any, and cable TV, if any, supplied for
the common use and convenience of the unit owners, and which are not defined as part of the units,
herein below.
(6) All other portions of the real property and the improvements thereon which are not
specifically part of the units themselves, as hereinabove defined, or owned by unit owners as personal
property, shall be common areas and facilities intended for the common and necessary or convenient use
and enjoyment, existence, maintenance or safety of the condominium project.
B. (1) The undivided share in the common elements or common areas which are appurtenant
to a unit shall not be separated there from and shall pass with the title to the unit, whether or not
separately described.
(2) A share in the common areas appurtenant to a unit cannot be conveyed or
encumbered except together with the unit.
(3) The shares in the common areas appurtenant to units shall remain undivided, and
no action for partition of the common elements shall lie.
C. The undivided interest of each unit owner in such common areas and facilities is set forth
in Exhibit °C" and is attached hereto and made a part hereof. '
6. LIMITED COMMON AREAS ELEMENTS. AND FACILITIES. The limited common areas
and facilities appurtenant to each unit are as follows:
I
A. Decks accessible only from a particular unit, and outside unit entries at ground level;
other areas shown on one or more of the attached exhibits as limited common areas and/or limited
common elements.
B. All non -load bearing walls located entirely within the unit
C. All materials, including but not limited to, studs, sheetrock, plywood, carpet,
paneling, tile, vinyl or brick, attached to, or on the inside surfaces of perimeter walls, floors and cep ngs
of the unit.
D. All doors, windows, screens, ventilation fans and vents located entirely within the unit or
extending into the unit from the perimeter walls, floors or ceilings thereof.
E. All ducts and related components and all water, power, telephone, television and cable television, electricity, plumbing, gas and sewage lines located in the unit; provided, however, that the
AAMARINA-I MPD
5

Inst # 131467 Book 1645Page: 839
portion of said lines located in a common compartment for, or installation of, such lines shall be general
common areas and facilities as described above.
F. The limited common areas and facilities, which are appurtenant to any unit(s), shall not be
separated there from and shall pass with title to any unit(s), whether or not separately described.
6.1 SHARED COMMON AREAS. AMENITIES AND/OR FACILITIES
Declarant may construct a club house, pool and tennis court, and other facilities, which if built,
may be Shared Common Amenities and/or Shared Common Areas for the use by all members of
homeowner, property owner, or unit owner associations which are members of the Master Association It is
understood and agreed that the Shared Common Amenities and/or Shared Common Areas are NOT
provided for the exclusive use of the units owners of Marina Club at South Harbour Village
Condominiums or Association members but that all members of the Master Association may have the
right to use such shared common facilities. The Association may, subject to the approval of the Master
Association, impose uniform standards for mail collection facilities (which may be a central facility or
individual receptacles), waste disposal containers, newspaper boxes, mailboxes, and other common
features typically installed in condominium developments. The Owner of each unit shall comply with all
such standards adopted by the Association.
7. MEMBERSHIP AND VOTING RIGHTS
A. Every Owner of a Unit, which is subject to assessment, shall be a member of the
Association. Membership shall be appurtenant to and may not be separated from the ownership of
any Unit, which is subject to assessment.
B. The Association shall have two classes of voting memberships
1. Class "A". Class A members shall be all Owners with the exception of the Declarant
and shall be entitled to one vote for each Unit owned. When more than one person holds an
interest in the Unit, all such persons shall be members. The vote for such Unit shall be
exercised as they among themselves determine, but in no event shall morel than one (1) vote
be cast with respect to any Unit.
2. Class "B". The Class B member shall be the Declarant and shall be entitled to three
(3) votes for each unit constructed. The Class B membership shall automatically terminate
upon the happening of either of the two following events, whichever occurs earliest:
(a) Upon the closing of the sale of 75 % of all units in all sections, both by section
basis and an overall basis in the development, or
(b) Ten years after the sale of the first unit, or December 1, 2012.
C. Notice and Quorum for Action. There shall be written notice of any meeting called for the
purpose of taking any action authorized by this Declaration, which notice shall be sent to all members not
less than ten (10) days nor more than sixty (60) days in advance of the meeting. At the first such meeting
called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of the
membership shall constitute a quorum. If the required quorum is not present at the first meeting, the
required quorum at any subsequent meeting, for such purpose, shall be one-half (1/2) of the required
quorum at the preceding meeting until such time as quorum is met.. Notice of such subsequent meeting
may be given verbally at the meeting of which the required quorum was not present, and may be effective
as notice called for herein, if so made. No such subsequent meeting shall be held more than sixty (60)
days following the preceding meeting or less than ten (10) days following the preceding meeting. Once
,,,,.,"I'm 1110 hPPil mPt at A mPPtinCr it may not be destroved by a member or members thereafter leaving

Inst # 1314G7 Book 1645Page: 840
the meeting, and quorum shall continue to exist until the meeting is properly adjourned.
Notwithstanding anything to the contrary, after control of the Association has been transferred
from the Declarant to the Unit Owners, the approval of at least 2/3rds of all Unit Owners is required to
amend the Covenants or Mortgage, convey or encumber the Common Area.
8. USE.
A. Residential Use
Except as may be otherwise provided herein, the buildings and each of the units shall be used
only for residential and lodging accommodation purposes, which shall include the rental of any units by
the owner(s) thereof for residential purposes pursuant to rules and regulations established by the
Association and other uses reasonably incidental thereto, including meetings by persons owning or
occupying such units. Each unit owner shall have the right to use the common areas and facilities in
accordance with the purposes for which they are intended and for all purposes incident to the use and
occupancy of his or her unit and such right shall be appurtenant to and run with his or her unit; provided,
however, that no person shall use the common areas and facilities or any part thereof in such manner as to
interfere with or restrict or impair the use thereof by others entitled to the use thereof or in any manner
contrary to or not in accordance with this Declaration, the By -Laws, and such Rules and Regulations as
may be established from time to time by the Board of Directors. The uses contemplated by this paragraph
cannot be changed, amended or modified without the written consent of the owners of all units; however,
so long as the Declarant shall retain ownership of any units, it may it may utilize any such unit or units
for sales or rental offices, models or other usage for the purpose of selling or renting units within said
project. The Declarant may assign this limited commercial usage right to any other person or entities as
it may choose; provided, however, that when all units have been sold, this right of commercial usage by
the Declarant, its successors and assigns shall immediately cease. The use by Declarant as such shall not
be a violation of the use restrictions contained in the declaration, rules and regulations or other
condominium documents. Declarant reserves the right to use any unsold unit for such purposes as its sole
discretion, and to locate, or relocate, the units at will.
B. Further restrictions as to use:
Section 1. Nuisances. No noxious or offensive activity shall be carried on within any unit or
common area, limited common area, and/or shares common area, nor shall anything be done thereon
which may be or may become an annoyance or nuisance to the rest of the development.
Section 2. Junk Vehicles. No inoperable vehicles or vehicle without current registration, licnse
tag, and insurance will be permitted on the premises. The .Association shall have the right to have all
such vehicles towed away at the owner's expense.
Section 3. Outside Furniture. No furniture shall be permitted in the common area, limited
common area, and/or shared common area. except as may be approved in writing'1by the Association, No
furniture shall be permitted on the front porch of each unit except as may be approved in writing by the
Association.
Section 4 For Sale or For Rent Signs Prohibited No "For Sale" or "For Rent" signs or any other
signs shall be permitted on any unit or in the common areas and facilities, except that the Developer or
its designee may place "For Sale" or "For Rent" or "Directional Signs" for as long as Developer shall
retain ownership of any unsold units in the development.
Section 5. Recreational Vehicles. No boat, motor boat, camper, trailer, motor or mobile homes,
or similar type vehicle, shall be permitted to remain in any parking space, at any time, unless with the
express written consent of the Association.
Section 6. Animals. No animals, livestock or poultry of any kind shall be kept or maintained in
any dwelling, other upon any common area, limited common area, or shared common area, except that
dogs, cats or other normal household pets (specifically excluding any and all snakes and other reptiles)
may be kept or maintained by a unit owner, provided that they are not kept or maintained for
commercial purposes and provided further that they are not allowed to nm free and are at all times
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Inst it 1.:3.1467 Book 1645Page: 841
properly leashed and personally escorted. If any pet shall be determined by the Board of Directors to be a
nuisance, the Board shall have full authority to have such pet pennanently expelled from the
development. It is the intent of this Section that no tenant(s), renter(s), guest(s), or invitees may
have or keep pets of any kind in any unit or in or upon any common area, limited common area, or
shared common area.
Section 7. Outside Antennas. No outside radio or television antennas or satellite dishes shall be
pennitted within the development unless permission for the same has been granted by the Board of
Directors of the Association or it's architectural control committee.
Section 8. Window Coverings. All drapes, curtains or other similar materials hung at window, or
in any manner so as to be visible from the outside of any building erected upon any lot, shall be of a
white or neutral background or material, unless the Board of Directors approves another color.
Section 9. Exterior Lights. lts. All light bulbs or other lights installed in any fixture located on the
exterior of any unit or building shall be clear, white or non -frost lights or bulbs.
Section 10. Leasing Restrictions. Nothing contained herein shall prohibit leasing or renting of
a unit; provided, however, that no unit shall be leased or rented for a period of less than thirty (30)
consecutive calendar days. The Board of Directors may require Owners who lease their units to insert
provisions in the lease, which would require the tenant to abide by the Association Documents and allow
enforcement of the Association Documents directly against the tenant as well as the Owner. Even in the
absence of such lease provision, these covenants shall be fully enforceable against any and all persons
occupying any unit.
Section 11. Trash Receptacles. The Association shall adopt such rules as it deems needed
regarding trash receptacles within the development.
C. Property Rights
1. Owners' Easements Enjoyment. Every Owner shall have a right and easement of
enjoyment in and to the Common area, which shall be appurtenant to and shall pass with the title
to every Unit, subject to the following provisions:
a. The right to limit the number of unrelated occupants of two bedroom units to four
(4) people, and the total number of occupants to Six (6) people, or the maximum allowed
by the ordinances of Town of Southport, whichever is less, and to limit the number of
unrelated occupants of three bedroom units to six (6) people, and the total number of
occupants to Eight (8) people, or the maximum allowed by the ordinances of Town of
Southport, whichever is less; and '
b. The right to the Association to limit the number of guests of members;
C. The right of the Association to suspend the voting rights and right to use of the
recreational facilities, if any, by an Owner for any period during dvhich any assessment
against this Unit remains unpaid; and for a period not to succeed sixty (60) days for any
infraction of its published rules and regulations;
d. The right of the Association to dedicate or transfer all or part of the Common Area
to any public agency, authority, or utility for such purposes and subject to such conditions
as may be deemed necessary by the Developer or agreed to by a two-thirds (2/3) majority
of all the members. No such dedication or transfer shall be effective unless an instrument
signed by two-thirds (2/3) of each class of members as defined hereinafter agreeing to
such dedication or transfer has been recorded; however, until such time as the Declarant
has conveyed the Common Areas to the Association, the Declarant may, in its sole
discretion, dedicate or transfer Common Area for drainage and utility easements
reasonably necessary for the continuing development of the Property and any allowable
additional property, and additional sections to be incorporated into the Development.
e. The right of the Association to impose regulations for the use and enjoyment of the
Common Area and improvements thereon, which regulations may further restrict the use
►MTJFd IIMAIMRIN901
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Inst 11 131467 Book 1645Page: 842
of the Common Area.
f. There shall be no outside clothes lines, or similar facilities, in or on any common
area or limited common areas, balconies, railing, or stairwells.
g. All furniture, artwork, chimes, or other items visible in or on any common area,
limited common areas, balcony or stairwell shall be approved by the Unit Owners
Association. The Association may require any item to be removed at their discretion, for
any reason, including but not limited to aesthetic reasons and auditory reasons. Fines may
be imposed for failure to remove any item after requested in writing.
h. There shall be no tile, slate, or similar flooring used in any second or third floor
unit without Unit Owners Association approval. Any such flooring shall be installed with
adequate sound dampening sub flooring so as prevent increased noise levels in the unit
beneath.
2. Assignment of Use. Owner may assign, in accordance with the By -Laws, his or her right
of enjoyment to the Common Area and facilities to the members of his family, guests, tenants, or
contract purchasers who reside on the property. However, no such assignment shall effect any
owner's obligation to pay all assessments and to otherwise or perform under these covenants.
Onit
Rights of Enforcement• further restrictions regarding storm -water management . Any
Owner, and, if and where applicable, the State of North Carolina, is entitled to enforce the
provisions contained in these covenants, which are not the exclusive powers of the Association or
Declarant. The said Association shall solely enforce any powers, which, by their tenns, must
necessarily be enforced by the said Association. All such rights may be enforced by legal or
equitable means. These covenants are reciprocal in nature and are mutually binding on all unit
owners.
All unit owners further acknowledge and agree to the following:
(i) with respect to any and all storm -water control regulations, all owners acknowledge
that the State of North Carolina has issued a storm -water control permit (Permit No. SW 8
980508) which relates to the Property and that no portion of this Declaration regarding such
control, and/or any term or provision of said permit, may be changed without the express written
permission and approval of the said State of North Carolina.
(ii) The maximum built -upon area per lot is 4,748 square feet, inclusive of that portion of
the right-of-way between the lot line and the edge of the pavement, structures, pavement,
walkways of brick, stone, or slate, but not including open wood decking.
(iii) No alteration of any drainage area shown on the plan approved by the said State may
take place without the concurrence of the said State.
(iv) Lots within the CAMA's Area of Environmental Concern may be subject to a
reduction in their allowable built -upon area due to CAMA regulations.
(v) All run-off on each lot must drain into the permitted system. This may be
accomplished through providing roof drain gutters which drain into the street, grading the lot to
drain toward the street, or grading perimeter swales and directing them into a pond or the street.
Lots that naturally drain into the system are not required to provide these measures.
9. COVENANTS FOR ASSESSMENTS
A. Creation of the Lien and Personal Obligation of Assessment. The Declarant, for each Unit
owned within the Properties, hereby covenants, and each Owner of any Unit by acceptance of a deed
therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to
the Association:
1. An initial assessment equal to two months assessments as initial working capital, which
shall be payable upon closing of the purchase of the Unit; and
2. Annual assessments or charges, which may be collected monthly, quarterly or biannually
at the discretion of the Board of Directors; and

Inst # 131467 Book 1645Page: 843
collected as hereinafter provided; and
4. All assessments levied by the Master Association.
5. Any and all fines assessed per the terms of this declaration shall be an assessment -on the
unit owned by the person so fined.
The annual assessments, special assessments and fine or other levies, together with interest, costs
and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon
the property against which each assessment is made. Each such assessment, together with
interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person
who was the Owner of such property at the time when the assessment fell due. The personal
obligation for delinquent assessments shall not pass to his successors in title unless expressly
assumed by them. No owner shall be permitted to except himself from the conditions of these
covenants by waiver of any right or the right to use any of the common areas.
B. Purpose of Assessments. The assessments levied by the Association shall be used
exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for
the improvements and maintenance of the Common Area, including but not limited to the following:
1. Maintenance of the private roads, parking area and walkways constructed within the
development shall be the responsibility of the Association until such time as the South Harbour
Master Association assumes responsibility for the roads. Maintenance of the public roads and
streets constructed within the development shall be the responsibility of the South Harbour
Village Master Association until accepted for maintenance by the Town of Oak Island, or other
municipal or governmental organization. The purpose of maintenance of the public roads and
streets shall automatically terminate upon such roads and streets being taken over by the Town of
Oak Island, or similar entity for maintenance; however, provision shall continue for maintenance
of walkways, sidewalks, and parking areas within a development.
2. Payment of all water and sewer bills for the units and Common Areas.
3. Maintenance of the exterior (and, to extent of insurance coverage purchased by the
Association, all interior areas) of the buildings, units and other common area improvements
situated on the properties.
4. Payment of taxes and other municipal charges and fees assessed on the Common Areas.
5. Maintenance of all drainage easements, water lines and sewer , lines located in the
Common Area.
6. To keep all amenities in the Common Area clean and free from debris, and to maintain all
amenities in an orderly condition. Further, to maintain the landscaping in accordance with
reasonable standards for residential rental communities, including any necessary removal and
replacement of landscaping.
7. To provide garbage removal services for all units; Declarant reserves the right to enter
contracts for the removal of trash and garbage for all such units in the development, which
contracts can call for payments for such service either directly for the Unit Owner, or by the Unit
Owners Association; any such contract shall have a maximum duration of three years.
8. To pay the premiums on all insurance carried by the Owners Association as required by
this Declaration.
9. To pay all legal, accounting and other professional fees, incurred by the association in
carrying out its duties as set forth herein or in the Bylaws or Rules and Regulations.
10. To accumulate and maintain and a Contingency Reserve Fund for unanticipated expenses
and capital improvement or repair to the Units or Common Area.
11. To pay all obligations of the Association to the Master Association.
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Inst # 131467 Book 1645Page: 844
C. Maximum Annual Assessment. Until January 1 of the year immediately following
the conveyance of the first Unit to an Owner, the maximum annual assessment shall be Twelve Hundred
Dollars ($1,200.00) per Unit.
1. From and after January 1 of the year immediately following the conveyance of the first
Unit to an Owner, the maximum annual assessment may be increased each year not more than
five percent (5 %) above the maximum assessment for the previous year without a vote of the
membership.
2. From and after January 1 of the year immediately following the conveyance of the first
Unit to an Owner, the maximum annual assessment may be increased above five percent (5 %) by
a vote of two-thirds (2/3) of all members who are voting in person or by proxy, at a meeting duly
called for this purpose.
3. The Board of Directors may fix the initial assessment provided for above at an amount not
in excess of the maximum, provided that the Board of Directors may increase the amount of the
initial annual assessment to a maximum of Two. Thousands Four Hundred and 00/100 Dollars
($2,400.00) per Unit notwithstanding the provisions of subparagraphs a and b above, and
thereafter the limitations set forth in said subparagraphs shall apply to any annual increase.
D. Special Assessments for Capital Improvements. In addition to the annual assessments
authorized above, the Association may levy, in any assessment year, a special assessment applicable to
that year only for the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the roads and Common Area,
including maintenance of water or sewer lines and other elements of the water or sewer system as
required by government permits or as needed, and to fixtures, and personal property related thereto.
E. Declarant's obligation to pay assessments Declarant shall be obligated to pay assessments
on any unit once a certificate of occupancy has been issued for that unit.
F Insurance. Amount and Scope of Insurance. All insurance policies upon the property, and
all buildings and units, including Limited Common Areas (except personal property within a unit) shall
be secured by the Board or by the Managing Agent, if so designated by the Board, who shall have the
authority to, and shall, obtain such insurance against (1) loss or damage by fire or other hazards normally
insured against, and (2) such other risks, including public liability insurance, as from time to time shall be
customarily required by private institutional Mortgage Investors for projects similar in construction,
location and for such amounts as the responsible authority shall determine. However, such liability
coverage shall be for at least $1,000,000.00 for bodily injury, including deaths of persons and property
damage arising out of a single occurrence. Coverage under this policy shall include, without limitation,
legal liability of the insured for property damage, bodily injuries and deaths of persons in connection with
the operation, maintenance or use of the common areas and legal liability arising out of lawsuits related
to employment contracts of the Owners Association. In obtaining such coverage the responsible
authority shall consider the reasonable requirements of holders of first liens on individual units.
All insurance policies must contain provisions generally as follows:
1. Amount and Scope of Insurance. All insurance policies upon the Units shall contain
insurance against (1) Loss or damages by fire, flood, if applicable, or other hazards normally
insured against, and (2) such other risks, including liability insurance, as from time to time shall
be customarily required by institutional Mortgage Lenders or Investors for units similar in
construction, location and use.
2. Insurance Provisions. The Board shall make reasonable efforts to assure that said
insurance policies provide for the following:
(a) A waiver of subrogation by the insurer as to any claims against other Unit
Owners, the Association, any officer, director, agent or employee of tlue
Association, the Unit owner and their employees, agents, tenants and invitees.
(b) A waiver by the insurer of its right to repair and reconstruct instead of paying cash.
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Inst # 131467 Book 1645Page: 845
(c) Coverage may not be canceled or substantially modified (including cancellation for
nonpayment of premium) without at least thirty days prior written notice to the named
insured, all mortgagees and the Association.
(d) Coverage will not be prejudiced by act or neglect of the Unit Owners when said act
or neglect is not within the control of the Association, or by any failure of the Association
to comply with any warranty or condition regarding any portion of the property over
which the Association has no control.
(e) The policy on the property cannot be canceled, invalidated or suspended on account
of the conduct of any one or more other individual Unit Owners.
(f) ' The policy on the property cannot be canceled, invalidated or suspended on account
of the conduct of any officer or employee of the Board of Directors without prior demand
in writing that the Board of Directors cure the defect, and the allowance of a reasonable
time thereafter within which the defect may be cured by the Association, any Unit Owner
or any Mortgagee.
(g) All policies shall be for 100% replacement value, and shall contain standard
inflation increase coverage provisions.
3. Proceeds. All insurance policies purchased pursuant to these provisions shall name the
Association as insured and shall provide that all proceeds thereof shall be payable to the Board of
Directors as Insurance Trustee or to such attorney -in -fact or institution with trust powers as may
be approved by the Board of Directors.
4. Policies. All insurance policies shall be with a company or companies doing business in
the State of North Carolina and holding a rating of "B" or better by the current issue of Best's
Insurance Reports. All insurance policies shall be written for the benefit of the Association and
the Unit Owners and their mortgagees as their respective interests may appear, and shall provide
that all proceeds thereof shall be payable to the Board of Directors as Insurance Trustee or to such
attorney -in -fact or institution with trust powers as may be approved by the Board of Directors.
5. Distribution of Insurance Proceeds. Proceeds of insurance policies shall be distributed to
or for the benefit of the beneficial owners in the following manner:
a. Expenses of Trust. All reasonable expenses of the Insurance Trustee shall be first
paid or provision made therefor.
b. Reconstruction or Repair. The remaining proceeds shall be used to defray the cost
of repairing the damage or reconstruction for which the proceeds are paid. Any proceeds
remaining after defraying such cost shall be distributed to the beneficial owners, including
lien holders of record, or retained by the Association for such ,Vommon Expenses or
purposes, as the Board shall determine. Upon the agreement of 10 % of Unit Owners in
any damaged building, the building may not be rebuilt; however, the Insurance Trustee is
authorized to demolish the remainder of the building, clear the units of all debris, and
place, or return, the lot and section upon which the building was located to a safe and
attractive condition. In the event any building is not rebuilt, all remaining insurance
proceeds shall be used first to pay off all liens or encumbrances upon the units, then for
clean up costs, as provided for above, then Insurance Trustee expenses, and the remainder
to be divided among the Unit Owners as directed by the Board of Directors.
G. Other Insurance. The Board of Directors of the Association shall obtain, maintain and pay
for such other insurance coverage on the Common Areas and Facilities as is normally required by
institutional mortgage companies or investors for projects similar in construction, location and use. The
Board of Directors shall make its best efforts to assure that there is no coverage "gap" which would result
in a loss to the Association, or Unit Owners in the event of damage or destruction to the Common Area,
or any improvements located thereon.
H. Notice and Quorum for Any Action Authorized Under Sections C and D. Written notice of
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Inst # 131467 Book 1645Page: 846
any meeting called for the purpose of taking any action authorized under Section C and D shall be sent to
all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At
the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%)
of all the votes of the membership shall constitute a quorum. If the required quorum is not present at the
first meeting, the required quorum at any subsequent meeting, for such purpose, shall be one-half (1/2) of
the required quorum at the preceding meeting. Notice of such subsequent meeting may be given verbally
at the meeting of which the required quorum was not present, and may be effective as notice called for
herein, if so made. No such subsequent meeting shall be held more than sixty (60) days following the
preceding meeting.
I. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a
uniform rate for all similar Units and may be collected on a monthly or quarterly basis, as determined by
the Declarant or the Board of Directors. Notwithstanding the provision for unifonn assessments, if a unit
or building is located in a flood hazard area, that unit's assessment may be higher to accommodate flood
insurance on the improvements located thereon, as shall be determined at the sole discretion of the
Declarant, or the Board of Directors.
J. Date of Commencement of Annual Assessments and Due Dates. As hereinabove is stted,
the annual assessments provided for herein shall commence as to each Unit upon the issuance of a
certificate of occupancy as to that unit, and shall be prorated for the month of issuance (assuming annual
assessments are collected monthly). The first annual assessment shall be adjusted according to the
number of months remaining in the calendar year. The Board of Directors shall fix the amount of the
annual assessment against each Unit at least thirty (30) days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every Owner subject thereto. The Board of
Directors shall establish the due dates and the Board of Directors shall have the authority to require the
assessments to be paid in pro-rata monthly installments. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the
assessments on a specified Unit have been paid.
K. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein
shall be subordinate to the lien of any first mortgage. Sale or transfer of any Unit shall not affect the
assessment lien. However, the sale or transfer of any Unit pursuant to mortgage foreclosure or any
proceeding in lieu thereof shall extinguish the lien of such assessments as to payments, which become
due prior to such sale or transfer. No sale or transfer shall relieve such Unit from lilability for any
assessments thereafter becoming due or from the lien thereof.
L. Effect of Nonpayment of Assessments and Remedies of the Association. No Owner may
waive or otherwise escape liability for the assessments provided for herein by non-use of the Common
Area or abandonment of his Unit. Any assessment, or installment thereof, which is not paid within thirty
(30) days after its due date, will be delinquent. In the event that an assessment, or installment thereof,
becomes delinquent, or in the event a Default assessment is established in under Article V, Section 1 C of
this Declaration, the Association, in its sole discretion may take any or all of the following actions:
a assess a late charge for each delinquency at uniform rates et by ,the Board of Directors
from time to time;
b. charge interest from the date of delinquency at the maximum rate allowed by law;
C. suspend the voting rights of the Owner during any period of delinquency;
d. accelerate all remaining assessment installments for the assessment period in question so
that unpaid assessments for the remainder of the assessment period will be due and
payable at once;
e. bring an action at law against any Owner personally obligated to pay the delinquent
assessment charges; or
f. file a claim of lien with respect to the Unit and foreclose the lien against the Unit in the
same manner as provided for the foreclosure of a mortgage under the statutes of the State
of North Carolina.
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I11st # 131467 Dook 1645Page: 847
9. Collect all reasonable attorneys' fees and court costs incurred.
The remedies provided under Declaration will not be exclusive and the Association may enforce
any other remedies to collect delinquent assessments as may be provided by law.
If the assessment is not paid within thirty (30) days after the delinquency date or a written
arrangements for payment consented to by the Association, the assessment shall bear interest from the
date of delinquency at the rate of eighteen percent (18%) per annum, and may be charged a $15.00 late
fee for monthly assessments not received by the fifteenth (15th) of each month.
M. Subordination of the Lien to Mort a es. The lien of the assessments provided for herein
shall be subordinate to the lien of any first deed of trust now or hereafter placed upon the properties;
provided, however, that such subordination shall apply only to the assessments which have become due
and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, a deed of
foreclosure under power of sale or any other transfer in lieu of foreclosure Such sale or transfer sliall not
relieve such property from liability for any assessments, which thereafter become due, nor from the lien
of any such subsequent assessment.
N. Exemi2t Property. The following property subject to this Declaration shall be exempted from
the assessments, charges and liens created herein; (a) all properties to the extent of any easements or
other interest therein dedicated and accepted by the local public authority and devoted to public use; (b)
all Common properties as defined in Article I, Section 1, hereof.
O. Successor's Liability for Assessments Except as specifically provided herein, all
successors, to the fee simple title of a unit will be jointly and severally liable for the prior Owner's or
Owners' thereof for any and all unpaid assessments, fines, interest, late charges, costs, expenses, and
attorny's (and legal assistants') fees against such unit without prejudice to any successor's right to
recover from any prior Owner any amounts paid by such successor. Any successor will be entitled to rely
on a written statement of status of assessments received by such successor from the Association or its
managing agent. The Association agrees that it will furnish to any owner of his designate, a written
statement setting forth the amount of unpaid assessments then levied against the lot in which the Owner
or his designate has an interest. The information contained in such written statement shall be conclusive
and binding upon the Association, the Board of Directors, and every owner as to the person or persons to
whom such statement is issued and who rely on it in good faith when such statement is signed by an
officer of the Association or the managing agent for the Association.
P. Action by Master Association. All unit owners acknowledge and agree that the Master
Association, may, in its sole discretion, levy assessments, both regular and as well as special assessments.
For such lawful purposes as may be deemed necessary by the Board of Directors of the said Master
Association. Any such assessments shall have the same force and legal effect, and shall be collectable in
the same manner, as any assessment levied by the Association
10. PROCESS AGENT TARA ROGERS, located at 5001 O'Quinn Blivd. Unit J, Oak Island,
North Carolina 26461, is hereby designated as the person to receive service of process in any action
provided for in the Act. The Board of Directors may change the process agent by filing a Declaration of
Change in the Office of the Register of Deeds of Brunswick County.
11. MAINTENANCE.
A. All plumbing, air conditioning, floor and wall covering, heating, electrical, telephone,
cabinetry, partition walls, suspended ceilings and other fixtures and equipment located within the unit,
and all windows or doors opening into the unit, shall be maintained (and, if owner desires, insured) by the
owner. Any replacement or substitution of such fixtures and equipment shall be compatible with any
common areas and facilities affected thereby. The Association shall not be responsible for repairing,
maintaining, or insuring such fixtures and equipment.
B. All parts of a condominium unit shall be kept in good condition and repair by and at the
expense of the owner. The owner shall maintain the unit in a clean and safe condition, free of nuisance.
Each unit owner will promptly comply with any requirements of the insurance underwriters of the
insurance for the common areas and facilities when so requested in writing by the Board or its designated
agent. Any failure of an owner to repair, maintain or replace as may be required pursuant to the
AAMA►i1NA-1. WP[)
14

Inst # 131467 Book 1645Page: 048
Condominium Documents or a determination by the Board of its designated agent that such failure will
endanger or impair the value of the common areas and facilities or any unit, or the limited common areas
and facilities belonging to another owner, may be, upon written notice to the owner of the nature of the
required repair, maintenance or replacement, repaired or replaced by the Association at the expense of the
unit owner, to be collected by special assessment as provided herein and in the By -Laws. Such
assessment may include the cost to the Association incurred in the abatement of any nuisance maintained
by the unit owner therein.
12. EASEMENTS.
A. Each unit owner shall have an easement in common with the other owners of all other
units to use all pipes, wires, ducts, cables, conduits, public utility lines and other common facilities
serving such other units and located in such unit. The Association shall have the right to be exercised by
the Board of Directors or its agents, to enter each unit from time to time at reasonable hours as may be
necessary for the operation of the condominium to inspect the same, to remove violation there from and
to maintain, repair or replace the common facilities, if any, contained therein or elsewhere in the building.
B. Each unit and all common areas and facilities and limited common areas and facilities are
hereby subject to an easement for the repair, maintenance, expansion, reduction, inspection, removal,
relocation or other service of or to all gas, electricity, television, telephone, water, plumbing, sewer,
utility, drainage or other lines or other common areas and facilities, whether or not the cause of any or all
of those activities originates in the unit in which the work must be performed.
C. Easements are hereby declared and granted, and the Board may hereafter declare, grant or
assume easements for utility purposes for the benefit of the property, including the right to install, lay,
maintain, repair and replace water lines, pipes, sewer lines, gas mains, telephone and television wires and
equipment and electrical conduits, and wires over, under, along and on any portion of the common areas;
each unit owner hereby grants to the Board, or its designee, an irrevocable power of attorney to execute,
acknowledge, and record, for and in the name of the Association or each unit owner such instruments as
may be necessary to effectuate the foregoing.
D. In the event that by reason of the construction, reconstruction, settlement or shifting of the
building, any portion of the common areas and facilities encroaches upon any unit, or any unit encroaches
upon any other unit, or any unit encroaches upon the common areas and facilities, (whether the same now
exists or may be caused or created by existing construction, settlement or movement of the buildings, or
by permissible repairs, construction or alteration), valid cross -easements for the maintenance of such
encroachment are hereby established and shall exist for the benefit of such unit or common elements so
encroaching so long as all or any part of the building containing such unit or common elements so
encroaching shall remain standing, provided, however, that in no event shall a valid easement for any
encroachment be created in favor of the owner of any unit or in favor of the owners of the common
elements if such encroachment occurred due to the willful conduct of said owner or owners.
E. Ingress and egress is reserved for pedestrian traffic over, through and across sidewalks,
paths, walks, and lanes as the same from time to time may exist upon the comn?n areas and facilities;
and, for vehicular traffic over, through and across such portions of the common areas and facilities as
from time to time may be paved and intended for such purposes, for all unit owners or units in MARINA
CLUB AT SOUTH HARBOUR VILLAGE CONDOMINIUMS, their guests, families, invitees, lessees,
the Association, the Declarant, its successors and assigns.
F. In case of any emergency originating in or threatening any unit or the common areas and
facilities, regardless whether the unit owner is present at the time of such emergency, the Board of
Directors or any other person authorized by it, shall have the right to enter any unit for the purpose of
remedying or abating the causes of such emergency and making any other necessary repairs not
performed by the unit owners, and such right of entry'shall be immediate.
G. All easements and rights described herein are easements appurtenant, running with the
land, and shall inure to the benefit of and be binding on the undersigned, their successors and assigns, and
any other owner, purchaser, mortgagee and other person having an interest in said land, or any part or
portion thereof, regardless of whether or not reference to said easement is made in the respective deeds of
conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights
described in this Declaration.
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Inst # 131467 Book 1645Page: 049
H. An. easement is hereby granted to all police, fire protection, ambulance and all similar
persons, companies or agencies performing emergency services to enter upon the units and Common
Areas in the performance of their duties.
I. The Declarant reserves the right to subject the real property in this condominium to a
contract with Brunswick Electric and/or Progress Energy Co. for the installation of street lighting.
13. PARTITIONING. The common area and facilities shall remain undivided, and no unit owner or
any other person shall have the right to bring any action to partition any part thereof, unless the property
has been removed from the provisions of the Act. Nothing herein contained, however, shall be deemed to
prevent ownership of a dwelling unit by the entireties, jointly, or in common, or in any other form
permitted by law,
14. COMMON EXPENSES/COMMON PROFITS. The unit owners are bound to contribute prorata,
in the percentages computed according to Chapter 47C of North Carolina General Statute which
percentages are set forth in Exhibit "C" hereto attached, toward the expenses of administration and of
maintenance and repair of the general and limited common areas and facilities, and toward any other
expenses lawfully assessed by the Association. No unit owner may exempt himself from contributing
toward such, expense by waiver of the use or enjoyment of the common area and facilities or by the
abandonment of the unit belonging to him.
The common profits of the property, if any, after payment of all expenses of operation and
maintenance of the property and the establishment of a sinking fund or other reserve fiends or any other
matters reasonably necessary and appropriate for the maintenance of the property as determined by the
Board of Directors in accordance with the Condominium Documents, shall be distributed among the unit
owners according to the percentages for each unit set forth in Exhibit "C".
15. TAXES. If there is any unit owner other than a Declarant, each condominium unit and its
percentages of undivided interest in the common areas and facilities set forth in Exhibit. "C" hereto
attached, shall be deemed to be a separate parcel and shall be separately assessed and taxed for all types
of taxes authorized by law, including but not limited to, ad valorem levies and special assessments. Each
unit holder shall be liable solely for the amount of taxes against his individual unit and shall not be
affected by the consequence resulting from the tax delinquency of any other unit holders. Neither the
building, the property, nor any of the common areas and facilities shall be deemed to be a separate parcel
for purposes of taxation.
16. LIENS.
A. With the exception of liens which may result from the initial construction of this
condominium, no liens of any nature may be created subsequent to the recording of this Declaration
against the condominium property as a whole (as distinguished from an individual unit, together with its
undivided common interest in the common areas and facilities) except with the unanimous consent of the
unit owners and the holders, if any, of prior liens thereon.
B. No labor performed or materials furnished to the common areas and facilities shall be the
basis for a lien thereon unless authorized by the Condominium Documents or expressly authorized by the
Board, in which event, same might be the basis for the filing of a lien against all condominium units in
the proportions for which the owners thereof are liable for common expenses.
C. Unless otherwise provided by law, in the event a lien against one or more condominium
units becomes effective, each owner thereof may relieve his condominium unit of the lien by paying the
proportionate amount attributable to his condominium unit. Upon such payment, it shall be the duty of
the lienor to release the lien of record for such condominium unit.
D. Assessments against unit owners by the Association made pursuant to the By -Laws shall,
if not paid when due, bear interest at such rate as is determined by the Board, not to exceed the maximum
rate allowed by law, and shall create a lien to the extent of such assessment, together with interest
thereon, in favor of the Association against the unit of the defaulting owner and shall be enforced as
provided by the North Carolina Condominium Act.
E. To the extent permitted by law, all liens provided for herein shall be subordinate, and are
AAMARINA-MI'D
16

Inst 11 131467 Book 3.645Page: 850
hereby subordinated, to the lien of any first mortgage given to any lender to secure a loan, the proceeds of
which are used to finance the purchase of any unit or units, unless any such lien provided for herein shall
have been recorded in the Office of the Clerk of Superior Court of Brunswick County prior to the
recordation of said first lien mortgage in the Office of the Register of Deeds of Brunswick County, North
Carolina.
F. As stated herein, all assessments levied by the Master Association shall have the same
legal force and effect as assessments levied by the Association.
17. DAMAGE AND DESTRUCTION. Except as provided elsewhere in this Declaration, damage to
or destruction of the common areas and facilities, and to the extent insurance proceeds are available,
limited common areas and facilities, shall be promptly repaired and restored by the Board using the
proceeds of any insurance available for those purposes, and the unit owners of all units shall be liable for
assessment of any deficiency, in accordance with their undivided interests in the common areas and
facilities; provided, however, if more than eighty percent (80%) of the owners of the condominium
project units and one hundred percent (100%) of the units not to be rebuilt resolve not to proceed with
reconstruction or restoration, then in that event, the property shall be either (a) sold or otherwise
transferred as hereinafter provided, or (b) deemed to be owned as tenants -in -common by the unit owners,
and subject to the provisions of Section 47C-2-1 18 (Termination) of the Act as the same exists at the
date hereof or as amended hereafter. Any reconstruction or repair shall substantially in accordance with
the plans and specifications of the original building and improvements, unless other plans and
specifications are approved by the Board and by eligible holders holding mortgages on units which have
at least 51 % of the votes of units subject to eligible holder mortgages.
18. NATURE OF INTEREST IN UNIT.
A. Every unit together with its undivided common interest in the common areas and facilities,
shall for all purposes be a separate parcel of real property, and the unit owner thereof shall be entitled to
the exclusive ownership and possession of such unit subject only to the Condominium Documents and
the covenants, restrictions, easements, regulations, resolutions and decisions adopted pursuant thereto.
B. The owner shall be entitled to use the common areas and facilities in accordance with the
purpose for which they are intended, but no such use shall hinder or encroach upon the lawful rights of
the owners of other units.
19. EMINENT DOMAIN.
A. If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain
leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose
permitted by the Declaration, the award must compensate the unit owner for his unit and its interest in the
common elements, whether or not any common elements are acquired. Unless the condemner acquires
the right to use the unit's interest in common elements, that unit's undivided interests are automatically
reallocated to the remaining units in proportion to the respective undivided interests of those units before
the taking exclusive of the unit taken, and the Association shall promptly prepare, execute, and record an
amendment to the Declaration reflecting the re -allocations. Any remnant of a unit remaining after part of
a unit is taken under this subsection is thereafter common area. 10
B. Except as provided in subsection (A), if part of a unit is acquired by eminent domain, the
award must compensate the unit owner for the reduction in value of the unit and of its interest in the
common elements, whether or not any common elements are acquired. Upon acquisition, unless the
decree otherwise provides, (1) that unit's undivided interests are reduced in proportion to the reduction in
the size of the unit, or on any other basis specified in the Declaration, and (2) the portion of the undivided
interests divested from the partially acquired unit is automatically reallocated to that unit and the
remaining units in proportion to the respective undivided interests of those units before the taking, with
the partially acquired unit participating in the reallocation on the basis of its reduced undivided interests.
C. If part of the common area is acquired by eminent domain, the portion of the award not
payable to unit owners under subsection (A) must be paid to the Association. Unless the Declaration
provides otherwise, any portion of the award attributable to the acquisition of a limited common area
must be apportioned among the owners of the units to which that limited common area was allocated at
the time of acquisition.
D. The court decree shall be recorded in every county in which any portion of the
AAMARINA-I MID
17

condominium is located. Inst # 131467 Book 1645Page: 851
20. RIGHTS OF ELIGIBLE MORTGAGE HOLDERS. To the extent permitted by law, an eligible
mortgage holder upon written request to the Owners Association, identifying the name and address of the
holder, will be entitled to timely written notice of:
A. Any condemnation, loss or casualty loss which affects a material portion of the. project or
any units on which there is a first mortgage held by such eligible mortgage holder.
B. Any delinquency in payment of assessments or charges owned by an owner of the unit
subject to a first mortgage held, by such eligible holder, which remains uncured for a period of sixty days.
C. Any lapse, cancellation, or material modification of any insurance policy or fidelity bond
maintained by the Owners Association.
D. Any proposed action, which would require the consent of a specified percentage of
eligible mortgage holders.
E. In addition to the foregoing rights, the eligible mortgage holders shall be afforded the
following rights subject to the extent permitted by law and as allowed by the North Carolina
Condominium Statutes as they now exist or as they may be amended from time to time.
(1) Any election to terminate the legal status of the project after substantial destruction or
a substantial taking in condemnation of the project property must require the approval of at least 51 % of
the votes of the unit estates subject to eligible mortgage holders.
(2) Unless otherwise provided in the Declaration or By -Laws, no reallocation of interest
in the common areas resulting from a partial condemnation or partial destruction of the project may be
effected without the prior approval of eligible holders holding mortgages on all remaining unit estates
whether existing in whole or in part, and which have at least 51 % of the votes of such remaining unit
estates subject to eligible holders of mortgages.
21. FIDELITY BONDS.
A. General. The Association shall maintain blanket fidelity bonds for all officers, directors,
employees and all other persons handling or responsible for funds of the Association. If the Association
shall delegate some or all the responsibility for the handling of its funds to a management agent, such
fidelity bonds shall be maintained by such management agent for its officers, employees and agents
handling or responsible for funds of or administered on behalf of the Association.
B. Amounts of Coverage. The total amount of fidelity bond coverage required shall be based
upon best business judgment and shall not be less than the estimated maximum of funds, including
reserve funds, in the custody of the Association or the management agent, as the case may be, at any
given time during the term of each bond. However, in no event may the aggregate amount of such bonds
be less than a sum equal to three months' aggregate assessments on all units plus Aserve funds.
C. Other Requirements. Fidelity bonds required herein must meet the following
requirements:
(1) Fidelity bonds shall name the Association as obligee.
(2) 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.
(3) The premiums on. all bonds required herein for the Association (except for
premiums on fidelity bonds maintained by a management agent for its officers, employees and agents)
shall be paid by the Association as a common expense.
(4) The bonds shall provide that they may not be canceled or substantially
modified (including cancellation for nonpayment of premium) without at least ten (10) days' prior written
notice to the Association of a condominium project, to any insurance trustee and each eligible mortgage
ANWARiNA-1.WPD
18

Inst # 131467 Book 1645Page: 052
holder.
22. RECOMMENDATION OF RENTAL AGENTS. At the annual meeting of the Association, or
such other meeting of the Association as is designated by the -Board, the Board may, upon notice to the
owners, recommend for the approval of the Association one or more rental agents for the rental of units
during the forthcoming year. Prior to recommending agents for the approval of the Association, the
Board shall have authority to require any agent desiring to qualify as an approved agent to submit a copy
of the proposed rental agreement to be used by such agent, together with such other information as the
Board may reasonably require. The Board may require, as a condition of approval, that all rental
agreements incorporate such standard procedures as may be required to minimize problems of security,
maintenance, quality and operation of the common areas and facilities of the property. Neither the
Association nor the Board shall have, or attempt to impose as a condition of approval, any control over
the commission schedule or fees charged by any approved rental agent, or the permissible period of
rental, all of which shall be for the sole determination of the approved rental agent and any owner
selecting such agent. Each owner shall have the absolute right to enter into any direct rental, lease or
sales arrangement with renters, lessees and purchasers which shall be consistent with the Declaration, By -
Laws of the Association and such other regulations as may from time to time be promulgated by the
Association and/or Board. Nothing herein shall be construed as creating or authorizing any rental
pooling or as requiring the rental of a unit by an owner or as restricting the owner's use of his unit. If any
court of law, governmental regulatory body having appropriate jurisdiction or approved legal counsel to
the Association determine that any portion of this provision is unlawful or would require registration of
the offering of any unit as a security, then such portion of this provision shall be invalid until such
requirement is eliminated.
23. MANAGEMENT AGENT.
A. Interim Management Agent and Assessments. From the date of the first conveyance of
title by the Declarant to a unit owner until the date of the first Association members' annual
meeting, CAMS shall serve as the Management Agent with responsibility for coordinating all
normal management services of the Association. During the period from conveyance of title by
Declarant to an owner of a unit until the first Association members' annual meeting (the time
determination by the Association of the new operating budget), the Management Agent shall
receive a. management fee. During such period, the owner shall pay monthly to the Management
Agent the assessment set forth in Exhibit "C" to this Declaration, representing the unit's
percentage of the estimated total expenses of the property (said estimated total operating expenses
are set forth in Exhibit "D" to this Declaration).
B. Time of Payment. Each unit's monthly assessment as set forth in Exhibit "C" of the
common expenses for the month of closing shall be payable at the time of conveyance of title to
the owner by the Declarant prorated as of the closing date. Subsequent payment shall be due on
the first day of each month. Payments not received when due shall bear interest at the maximum
permissible legal rate until paid.
24. WORKING CAPITAL. At the time title is conveyed to an owner (other than the Declarant), each
owner shall contribute to the Association as a working capital reserve an arnoplit equal to a two (2)
months' assessment. Such funds shall be used solely for initial operating coital expenses of the
Association, such as pre -paid insurance, supplies and the common areas and facilities furnishings and
equipment, etc. At the time of selection of the regular Management Agent, the interim Management
Agent shall pay to the account of the Association all unused finds and shall provide an accounting of all
revenue and expenditures. Amounts paid into the working capital fund are not to be considered as
advance payment of regular assessments.
25. UNITS SUBJECT TO CONDOMINIUM DOCUMENTS. All present and future owners, tenants
and occupants of units and their guests or invitees, shall be subject to, and shall comply with the
provisions of the Condominium Documents, and as the Condominium Documents may be amended from
time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into
occupancy of any dwelling unit shall constitute an agreement that the provisions of the Condominium
Documents are accepted and ratified by such owner, tenant or occupant, and all of such provisions shall
be deemed and taken to be covenants running with the land and shall bind any person having at any time
any interest or estate in such unit as though such provisions were made a part of each and every deed of
conveyance or lease. Failure to comply with the provisions of the Condominium Documents shall entitle
the Association or any other owner to seek legal and/or equitable relief, including costs and reasonable
AAMARINA-I I'D
19

lnst N 131.467 Hook 1.645Page: 853
attorney's fees incurred in enforcing such compliance.
26. AMENDMENT OF DECLARATION. This Declaration may be amended by vote of not less
than 67% in common interest of all unit owners either in person or by proxy at, cast at a meeting drily
held in accordance with the provisions of the By -Laws. No such amendment shall be effective until
recorded in the Office of the Register of Deeds for Brunswick County wherein the property is located.
The By -Laws may be amended in accordance with the procedure set forth in such By -Laws.
No amendment shall be allowed which acts to the detriment of the Declarant or any right reserved
to Declarant by this Declaration, or any concomitant document drawn in connection with this condom
mum project, without the express written approval of the Declarant.
27. TERMINATION. Except as may herein -above provided, this Declaration may be terminated, and
the condominium property removed from the provisions of the North Carolina Condominium Act, only
by an instrument meeting the requirements of NCGS 47C-2-1 18 and executed by all of the unit owners
and duly recorded, which said instrument shall provide either that the condominium regime is to be sold
following termination or is not to be sold following termination. If the condominium is to be sold upon
termination, title to the real estate in the condominium vests in the Association upon termination. If the
condominium is not to be sold upon termination, title to all the real estate of the condominium vests in
the unit owners as tenants in common in proportion to their respective interests as herein provided.
While the tenancy in common exists, and during the period between termination and sale of the
condominium project, each unit owner and his successors and assigns have an exclusive right to
occupancy of the portion of the real estate that formerly constituted his unit.
Following the termination of the condominium, the Association as trustee holds the proceeds of
any sale of real estate, together with the assets of the Association, for unit owners and holders of liens on
the units as their interests may appear. Following termination, creditors of the Association holding liens
on the units, which were recorded before termination, may enforce those liens in the same manner as any
lien holder. All other creditors of the Association are to be treated as if they had perfected liens on the
units immediately before termination.
The respective interests of unit owners referred to are as follows:
A. Except as may be expressly provided otherwise, the respective interest, of unit owners are
the fair market value of their units, limited common elements, and common element interests
immediately before the termination, as determined by one or more independent appraisers
selected by the Association. The decision of the independent appraisers shall be distributed to the
unit owners and becomes final unless disapproved within 30 days after distribution by unit
owners of units to which twenty-five percent (25%) of the votes in the Association are allocated.
The proportion of any unit owner's interest to that of all unit owners is determined by dividing the
fair market value of that unit owner's unit and common element interest by the total fair market
values of all the units and common elements
B. If any unit or any limited common element is destroyed to the extent that an appraisal of
the fair market value thereof prior to destruction cannot be made, the inter sts of all unit owners
are their respective common element interests immediately before the ternlii1ation.
In the event it is determined in the manner provided in Section 17 hereof that the property shall
not be repaired or reconstructed after fire or other casualty, the condominium will be terminated and the
Condominium Documents revoked. The determination not to repair or reconstruct after fire or other
casualty shall be evidenced by a certificate of the Association providing that all liens affecting all of the
units are transferred to the percentage of undivided interest of the unit owners as set forth hereinabove,
and certifying as to facts effecting the termination, which certificate shall become effective upon being
duly recorded in the Brunswick County Register of Deeds.
28. INCORPORATION OF ASSOCIATION. It is the intention of Declarant that all rights of the
Association shall be vested in a non-profit or a business corporation known as Marina Club at South
Harbour Village Condominiums UOA, Inc., or similar, which shall be or has been, formed, pursuant to
the laws of the State of North Carolina and the applicable Federal laws. Such association shall be formed
and operated in accordance with this Declaration and the Articles of Incorporation and By -Laws and
incorporated herein, and all governing laws, as they shall be amended from time to time.
AAMARINA-- I . W I'D
20

Inst # 131467 Book 1645Page: 854
The homeowner membership list will be comprised of those persons or entities owning units in
Marina Club at South Harbour Village Condominiums. The annual meeting of members shall be held at
Oak Island, North Carolina,. upon the earlier of the following events: at the time specified by the By -
Laws of the Association; 120 days after seventy-five percent (75%) of the units have been conveyed to
unit purchasers; or five (5) years following conveyance of the first unit in the project; two years after
Declarant ceases to sell units or offer units for sale in the ordinary course of business; two years after any
development rights to expand the condominium project expire; upon notice by Declarant to unit owners.
The first directors and officers will hold office until the initial annual meeting occurs, and new directors
and officers are elected.
29. SEVERABILITY. The invalidity of any provision of this Declaration shall not impair or affect
the validity and enforceability 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.
30. WAIVER. No provisions contained in 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.
31. PERPETUAL NON-EXCLUSIVE EASEMENT IN COMMON AREAS. The common area and
facilities shall be and the same is hereby declared to be subject to a pe1petual non-exclusive easement in
favor of all of the owners of condominium units in the condominium for their use and the use of their
immediate families, guests, and invitees, for all proper and normal purposes, and for the furnishings of
services and facilities for which the same are reasonably intended, for the enjoyment of said owners of
condominium units. Notwithstanding anything above provided in this article, Marina Club
Condominiums UOA, Inc., herein identified, shall have the exclusive right to establish the rules and
regulations pursuant to which the owner of any condominium unit, his family, guests and invitees, may
be entitled to use the common areas and facilities, including the right to make permanent and temporary
assignments of parking spaces, and to establish rules and regulations concerning the use thereof.
The Master Association shall have the rights as are outlined in its charter and as are permitted by law.
32. LAW CONTROLLING. This Declaration and the By -Laws shall be construed under and
controlled by the laws of the State of North Carolina.
33. WARRANTIES. Declarant acknowledges that all contractual warranties set forth in the
building's construction contract, of material and equipment in the unit, shall accrue to the benefit of the
owner of such unit, along with all warranties, if any, provided by the manufacturer or supplier of
appliances, air conditioners, heating and utility systems in the unit. THE CLOSING
OF TITLE OR OCCUPANCY OF THE UNIT SHALL CONSTITUTE AN ACKNOWLEDGMENT BY
THE UNIT OWNER THAT DECLARANT MAKES NO OTHER IMPLIED OR EXPRESS
WARRANTIES RELATING TO THE UNIT, THE COMMON AREAS, THE LIMITED COMMON
AREAS, THE SHARED COMMON AREAS, AND/OR THE FACILITIES, EXCEPT FOR SUCH
WARRANTIES AS ARE SET FORTH IN THE GENERAL WARRANTY DEED TO THE UNIT.
34. EXPANSION OF CONDOMINIUM. :1
A. Expansion of Marina Club at South Harbour Village Condominiums shall be as provided
by the terms of Section 2 of this Declaration and the terms of Section 34 contained herein.
B. The right and option of Declarant described in Section 2 hereof shall terminate on
December 31, 2012, and shall be subject to the conditions, restrictions and limitations set forth in Section
2 and this Section 3.4.
C. The Declarant covenants and agrees that all buildings containing units built on any of the
expansion sections and made subject to this Declaration shall be similar to in construction and appearance
to the buildings previously constructed in Section A and other previous sections.
D. If any or all of the units contemplated in the proposed expansion to later Sections, are
added to and made subject to this Declaration, the percentages of undivided interest in the common areas
and facilities of all units shall be determined by ratios based on the square footage of the new units in
relation to the total square footage of all units in the development. Similar size units shall have similar
percentages.
AAMARINA-I.WPD
21

Inst: # 131467 Book 1645page: 855
E. Declarant makes no statement concerning proposed schedule for commencement of
additional sections in Marina Club at South Harbour Village Condominiums
F. Every unit owner in MARINA CLUB AT SOUTH HARBOUR VILLAGE
CONDOMINIUMS, by accepting a deed to a unit, therein, thereby agrees for himself and his heirs,
successors and assigns, to any expansion of the Property subject to this Declaration in accordance with
the provisions of this Section 3.4 and Section. 2 of this Declaration.
G. The Developer also retains the right to add contiguous, or nearly contiguous, tracts to the
project at its sole discretion.
35. FURTHER DEVELOPER RIGHTS
A. The Declarant, for itself, its successors and
ctions other real property inhorderht pextend the
ursuant to
the provision hereof to annex and subject to these restitional
scheme of this Declaration to other property to be developed and
parcel thereby bring such or tract of laid, withthe impovements
perties
within the jurisdiction of the Association. Each additional
thereon, or to be placed thereon, which is subjected to this Declamation shall designabe tions ford any additional
in sequence as "Section B," "Section C, and/or such other
sections added.
xed
B. The rights reserved by Declarant in Section roads, the utility litye andpment, and all drainage facilities
Sections, include the right to change, alter or redesignat
propos
easemented amenities or facilities as
s, and to change, alter or redesignate such other present
rblea xcept that he Declarant shall have
may in the sole judgment of the Declarant, be necessary o
no right to change, alter or redesignate the character of the use of the units within the development which
have already been conveyed to third parties.
his
ment
C. The Declarant reserves the right and/or Progressive Energy Co. the real property in for the installation ° of
contract with Brunswick Electric Membership Co.payment to said power company by each residential
street lighting, which requires a continuing monthly
customer. The Developer further reserves the right cto e cable subject the real
open in thisserydevelopment to
easements for the in of utilities, phone serve ,
rigt of
D. The Developer, for itself and its successors and
and exterior,,es to thee
eep opeA comhmon
architectural control for any construction or improvements, interior
area, limited common areas, and units.
36. GOLF FACILITY
e and
A. Golf Facility. The Developer may construct or allow
on lands witto be constructed a hin two tof threcourse miles
related improvements and amenities (hereinafter Golf Facility) p
ners acknowledge that except
from the development. All Owsolelyby virtue of suc] membership or by
writing by the Developer, no unit owner shall have a n ,
a ent of assessments to any homeowner's association, whether
or not
other uase or enjoyment boundaryds adjoins a any
p onto, membe p
of a Golf Facility, to access to or across, entry
such Golf Facility. Developer is under no duty or obligation to construct said Golf Facility or to maintain
the same if it is constructed.
B. Use Not a Nuisance. Use of any part of a Golf Facility by any person in accordance with
d by the own
the reasonable rules and regulations establisheconstitute a nu sancectlity, including use of a
Golf Facility for golf tournaments or social events shall not con
ONS
37. DECLARATION AMENDS COVEN�s1T he eOxeuttonONS and recordation dalt on ofI this lDeclaration does
PREVIOUSLY RECORDED.. The Declarant, by t
hereby amend those Covenants, Conditions, and Restrictions as set forth in that Deed from Declarant to
ell
Hilla Builders, Inc., recorded in Book 1542 at Page 1349 t the tha De d from Hilla Builders, Incrunswick County Registry, as ur to
as those Covenants, Conditions, and Restrictions set forth In g rye by deleting the same in their
Declarant, same also being recorded in this said
Brunsw
Declaration.
County Registry,
entirety and substituting in lieu thereofs
AAMARINA--I MI'D
22

Inst # 131467 Book 1645Page: 856
IN WITNESS WHEREOF, the Declarant has caused this document to be executed in its
corporate name. by its duly authorized officers this the day of t9&7210� 2002.
SOUTH HARBOUR VILLAGE ASSOCIATES, LLC
f;!-�5 ;c� .`>;`
WILMING HOL ING CORP., Member -Manager
By:
'7;'
Vice President
. •,`
ssistant fecretiry
VIABLE CORP., Member- anager
By:
PresidentI
'�lfr
jA'ffEtant
Secretary.
AAMARINA-I .WPD
23

Inst # 131467 Book 1645Page: 857
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of NE U) WWO fEle_County, North Carolina,
do hereby certify that ALTON Y. LENNON personally appeared before me
this day and acknowledged that he is the Vice President of Wilmington
Holding Corp., A North Carolina Corporation which, he also
acknowledged, is a Member -Manager of SOUTH HARBOUR VILLAGE ASSOCIATES,
LLC, that he further acknowledged that the foregoing and annexed
instrument was signed by himself as the Vice President of said
corporation, attested by _Jerry Y. Thomason as its Assistant
Secretary, with its corporate seal affixed, all by authority of its
Board of Directors, and as a Member of, on behalf of, and as the deed
and act of the said SOUTH HARBOUR VILLAGE ASSOCIATES, LLC.
TN :SS my .hand and
2002.
MIVIV i.aa3'Expires :
STATE.OF NORTH CAROLINA
COUNTY OF NEW HANOVER
notarial stamp or seal, this day of
Av L
Notary Public-
/ -/ )- -2-ed 6
I, a Notary Public of OP U) IM06 UF_iC.County, North Carolina,
do hereby certify that EDWIN L. BURNETT, III personally appeared
before me this day and acknowledged that he is the President of Viable
Corp., a North Carolina Corporation which, he also acknowledged, is a
Member -Manager of SOUTH HARBOUR VILLAGE ASSOCIATES, LLC, that he
further acknowledged that the foregoing and annexed instrument was
signed by himself as the President of said corporation, attested by
Alton Y. Lennon as its Assistant Secretary, with its,corporate
seal affixed, all by authority of its Board of Directors, and as a
Member of, on behalf of, and as the deed and act of the said SOUTH
HARBOUR VILLAGE ASSOCIATES, LLC.
WIT N SS/my hand and notarial stamp or seal, this /,(� day of
6(
�` tJ ��. . 2002.
14 y r4,
j:.:ls 1 i r s ff 1 T S•11 ':
T .: G ate►- x,44<
Notary Publi
My Commi"s'sion Expires: Z — L aO
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of YVONNE R SNEEDEN
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this 16th Day of October 2002
in the Book and page shown on the First Page hereof.
ROM- J. RO INSON, Register of Deeds

Inst # 131467 Book 1645Page: 858
EXHIBIT "A"
TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
MARINA CLUB AT SOUTH HARBOUR VILLAGE CONDOMINIUMS, SECTION "A".
LYING AND BEING IN BRUNSWICK COUNTY, NORTH CAROLINA,
AND BEING ALL OF LOT 11 AS THE SAME IS SHOWN ON THAT PLAT
ENTITLED "MAP OF SURVEY FOR MARINA CLUB AT SOUTH
HARBOUR VILLAGE CONDOMINIUMS, SECTION "A", which plat is
recorded in Condominium Plat Book 9 at Pages 34 and 35 of the Brunswick
County, North Carolina, Registry, reference to which plat or map is hereby
made for a more particular description.
Together with and subject to all those easements, rights of way, and all other
matters and things shown on the above described plat or map.
A:IMARINA-I.WPD
25

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T THI9 PLAT WAS BRUNSW/CK COUNTY NORTH CAROL MA
SHERWIN D. CR/BB, CERTIFY 7HA
RAWN UPOER MY SUERVIS/ON FROM AN ACTUAL FILED FOR REGLSTR4770N ON
URVEY MADE UNDER MY SUPERVISION E DEED THIS THE DAY OF�002.
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IS AMENDER WITNESS W ORIGNVAI. .FT REGLSTER OF DEEDS
P-G/3TRATION NUMP_ER AND SEAL THIS THE? Q!Kcy �` !r, *ti= BRUIVSW/CK COUNTY
nT, A.D. 20
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THE PREMISES SURVEYED /9
SHERWIN D. CRIBB Na 099 Vi .LOCATED WIT7-W A FLOOD
MrG PROFESSS/ONAL LAND SURVEYOR %41 . •�M HAZARD AREA ACCORDING TO
} THE FLOOD INSURANCE RATE
SNERW2N O. CRlBB, CERT7FY 774AT THd"IPLA111 MAP FOR BRUNSWICK COUNTY
PLANS ACC!lRFTBLY DEPICT THE L THE U11Ij>'3 AfVO• N.C. f COMMUNITY PANEL Na.
�...� .raL LOCATION OF .. _...~t 570295 03B0 C.REV• O4/02/91).
SHERWIN A C—O' .
MM PROFESSIONAL LAND SURVEYOR N
L SHERWIN O. CRIBB CERTIFY THAT THIS S
AN EWS71NO PARCEL OR PARCELS OF LAN
NOT TEAT
A NEW STREET OR CHANGE
STREET IN ACCORD•�NCE WITIV �,,3;�47 �7 01i
SHERWIN D. CRIBB
MC PROFESSIONAL LAND SURVEYOR
NEW HANOVER COUNTY NORTH CAROL
L YULONDA IR WOODELL. A NOTARY PUBLIC
COUNTY AND STATE AFORESAID CERT7F1
SHERWIN D. CRIBB. A LICENSED PRCFE
ILLY APPEARED BEFORE,
I CER7IFIC.47E OF ENGINEER
799 ) }: �r�
-'" 'A -'HE- UNDERSIGNED 7'Fr-"`) M"le
r.4s �ce AN ENGINEER DULY REGISTERED
TO PRACTICE UNDER THE LAWS
C`S OF THE STATE' OF NORTH
�n•...: CAROLINA HERE'S CERTIFIES
THAT THE FOLLOW/NO
1` t. y CER77FICATDN IS BASED ON
FS-BULT•'SU/7VEY VrDWA477DM
799/Y} .PRESEfYTED ON THIS MAP.
TWO SHEl-S.
;,-,AND /S AN ACCURATE BUILDING
"Or
�A vLAORN�.5 FILED W774 AND
7ttaT COUNTYyMC THE PLANS FULP By LY
L'wI ..... .,..... marsT-r DEPICTS THE
BJ.
ystcr oc I—1
nDAA.t: De=t J. 1331=5 B-k
ypAg• J1
-- Ts
InNe/7M12 03:4B:5eP. Rd
,.,mc,L.1mA PONPBn & LiOp1T oom—,MJ'
SURVEYOR PERSONA�1 .
AND ACKNOWLED-0 TH£ EXECUTION OF THE- FLOOR' ELEVATION4 1
DAY
PORESO7NG WSTRUWMVT: W/TN£SS MY HAND.AN, �"-NLIWBERS
AND DIMENSIONS OF
O!7'TCtaL STAMP OR SEAL. THIS THE+Z3—gAY;OFc,Y{
,:'E IJNfT AS-BU2T
YUL A G WOODELL. NOTARY PUBLta ....
IJATE:
My COMMISSION EXPIRES JULY OR 2004
ie•
-
BRUNSW/CK COUNTY NORTH CAROLINA^l:T,
• 1 t,..
Tf RE FOREGOING CER77FICATE OF YULONDA
NOTARY PUBLIC IS CERTIFIED TO BE
.1EP D uALPAb3
WOODELL,
CORRECT
ROB£RT .L ROBINSON -REGISTER or DEEDS
I'-
BRUNSW/GK COUNTY
2m
QT
i
90i0
BRUNSWICK COUNTY NORTH CAROL/NA
..1
CERT7F/CA7E OF REGISTRATION/DISCLOSURE
CERT/F/CATE OF ENGINEER '
11 "11""
FOR HOMEOWNERS ASSOCIA710N
CONDITIONS ANO RE5TR/CT10N5
THE UNU£RS/GNED
AN ENGINEER DULY R£O/STERED
CONVENANTS.
BY REGISTER OF DEEDS
TO PRACTICE UNDER THE LAWS �Illi
OF THE STATE OCNOR
+Y
HAONMD EROEWSNTERR/C'ST
NP''aC4ONRVG-EGN/S.ATNRTAST, lOCNONODN?TTOTM1/SS
NTH
THAT. HEREBY
TAPc7AROTHESE. PLASR
7AOSNS5OFC//LAE7D10
THE DAY OF 200E AT A.ht/PJK AND
OF .
�A,�RMATIONALLREOWRED B t
DULY RECORDED 7N CONDO BOOK_ AT PAGE
NORM CAROLlNA BENERAL
STAT7 ITO CHAPTER 47C SECTION
ROB£RT .L ROB/NSON -REGISTER OF DEEDS
coGaTY
a-109, y B
9-10-OX
BRUNSROCK
DATE:
P.E ENOINEER:
BY.
.1EFFREr• BOV D M3. ' 11
sr r RE.-ERENCE:
.wP •OOK Rex,
282
pp. )
YN..L C FIELD -
F'-'I , oroe D^- w al1s, --
- —�y,-0 •GRID---
/ •O' pOILIC p/W 1 FISH FACTORY RO. 7 �' e s aD•�ai' I'�
—s.w Il oI
LEGEND :
►RCPERTY LINE
CENTERLINE
wT. AORON
o.*m 1..w. a0. PPe Pr-•..r •TeTo 1
O CD - c TV N Box CLEANOUT
®CA0.B
® WATER METERR
® Co. ELEMENT
TIE LINEMON
® LMRCD COMMON 0.EMENT
Q
LOCATION MAP
MAP OF SURVEY,
FOR.
MARINA CLUB AT
SOUTH �IARBOUR VILLAGE
CONDOMINIUMS. SECTION R A "
(5007 B 5009 NESTER DRIVE)
( UNIT A — /O/ DOWNSTAIRS/UNrT A — 20/ UPSTAIRS)
LOT II - MARINA CLUB •I SOUTHHARBOUR VILLAGE
TOWN OF OAK ISLAND
SMITHV/LLE TOWNSHIP BRUNSWICK COUNTY
NORTH CAROLINA
DEVELOPED BYI
SOUTH HARBOUR VILLAGE
ASSOC/ATES..LLC
1301 HERON RUN DRIVE
]� WILMINGTON, N.C. 26403
(9/0/ 420-0091
w. CORP. W EN6INEGP3
piW NON, T-20• SC -ALE!" —so' SEPT£MBER 09. 2002
NAD iT
N •.1.T
G 22MZol-$7DiLll00•
GRAPHIC SCALE OF FEET
-
FPCTOR:
1-00-ID0013l, •,
!O O 70 100
IOQ.•••""� •n"!00
SHERWIN A CRIBS
N.0 PROFESSIONAL LAND SURVEYOR
`1'1'`b' !f'• }/i,
1144 SHIPYARD BLVD.
.,,, M '• ,,,r
W/LMIN07— KC 2B412
(9IG/ T91-OOBO
SHEET i OF 2

I—k i 3]3285 Book 9 Page: 3!
0
44
0
N
I
1Q
H
H
W
M-.*
FRONT
UNIT A-201 i
FFCL
OMaIOr aLarerT
ILWO EL ta:TB I
UNIT A-101 I
_ I JaOY' 1
Fr. EL. /7.Te
SECTION A -A
m.-1
mi
FRONT
UNIT Ar201 - M 5009 :I
FF. EL !B!0 i
err uarrrT
CE2MR EL. Y6TB
UNIT A-101 - a 5007 a °
Dvd� e
FF. v— IT.TB
SECTION S-B
LEGEND :
r7--Z=== COMMON ELEMENT
$$ LIMITED COMMON ELEMENT
ROOF
LINE
'AS -BUILT '
MAP OF SURVEY
FOR
MARINA CL US AT
SOUTH HARBOUR VILLAGE,
CONDOMINIUM.;, SECTION 'A "
5007 B 5009 NESTER DMVE )
RJMT A- 01 D0{MVS7AAS/UHT A-.201 LPSTA/RSJ
LOT n - MARINA CLUB e1 SOUTH HARBOUR VILLAGE
TOWN OP OAK /SLAAO
SM/THVXLE TOWNSHIP BRUNSWICK COUNTY
NORTH CAROWNA
2 IOEVELOPED BY:
SOUT,1 HARBOUR VILLAGE
ASSOCIATES, LLC
/JO/ HERON RUN ORIVE
• WILMINGTON. Mr- 28409
19101 520-5a91
SCALE: /^. 10' SEPTEMBER 09, 20OR
GRAPHIC !GALE OF FEET
10 O 10 20 JO 40
Al
.3H AIIN'G. CR/BB zi
N.0 PROFESSIONAL L4NO S
LlRVEYO nq`��d'99 r
1144 SHIPYARD
W2MI2B4IR t♦(`.tiyR��, /Z�1`
(910) /0I 79 79Foo0080 ` p
SHEET 2 OF Z

Inst # 131467 Book 1645Page: 861
EXHIBIT "C"
TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
MARINA CLUB AT SOUTH HARBOUR VILLAGE CONDOMINIUMS, SECTION L°A"
UNDIVIDED INTEREST OF EACH UNIT OWNER IN COMMON
AREAS AND FACILITIES AND EACH UNIT OWNER'S PRO RATA
CONTRIBUTION TO EXPENSES AND PRO RATA SHARE OF
ANY PROFITS:
UNIT NUMBER: PERCENTAGE OF INTEREST
UNIT A-101 50 %
UNIT A-201 50 %
AAMARINA--I.WPD
OR

Inst # 131467 Book 1645Page: 862
EXHIBIT "D"
TO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
MARINA CLUB AT SOUTH HARBOUR VILLAGE CONDOMINIUMS, SECTION "A"
LYING AND BEING IN BRUNSWICK COUNTY, NORTH CAROLINA,
AND BEING:
ALL OF LOTS 1, 49 59 69 79 89 99 AND 10 AS THE SAME ARE
SHOWN ON THAT PLAT ENTITLED "MAP OF SURVEY FOR MARINA
CLUB AT SOUTH HARBOUR VILLAGE CONDOMINIUMS, SECTION "A",
which plat is recorded in Condominium Plat Book 9 at Pages 34 and 35 of the
Brunswick County, North Carolina, Registry, reference to which plat or map is
hereby made for a more particular description of said lots.
ALSO, ALL THAT TRACT OR PARCEL OF LAND DESIGNATED AS
"RETAINED BY DEVELOPER" ON THAT MAP DATED JULY 22 20029
AND RECORDED IN MAP CABINET 26 AT PAGE 391 OF SAID
REGISTRY, SAID TRACT HAVING APPROXIMATELY 215 FEET OF
FRONTAGE ON FISH FACTORY ROAD (A 60 FOOT RIGHT OF WAY),
AND SAID TRACT BEING LOCATED AT THE INTERSECTION OF THE
WESTERN RIGHT OF WAY LINE OF THE SAID FISH FACTORY ROAD
WITH THE NORTHERN RIGHT OF WAY LINE OF ANNIE MAE'S WAY
(A 60 FOOT ACCESS EASEMENT), ALL AS ARE SHOWN ON THE SAID
MAP RECORDED IN MAP CABINET 26 AT PAGE 391 OF THE SAID
BRUNSWICK COUNTY REGISTRY.
AYL2002G:MARINACLUB
AAMARINA- .WPD
27