WQ0024429_Approval_20190430

,ok 8156 Page 2025
NORTH CAROLINA
GUILFORD COUNTY
Prepared by and moil'to:
Charles E. Melvin, Jr.
Fox Rothschild LLP
PO Box 21927
Greensboro, NC 27420-1927
BK: R 8158 11111111111111111
P6:2025-2038 2019026887
RECORDED:
05-23-2019 GUILFORD COUNTY, NC
02:38:51 PM JEFF L. THIGPEN
BY: HSIAO•WE1 AtiERON REGISTER OF DEEDS
DEPUTY -GB
NC FEE $28.00
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
PARK PLACE TOWNHOMES
PHASE TWO SECTION THREE
This Declaration of Covenants, Conditions and Restrictions for Park Place Townhomes
Phase Two, Section Three ("Declaration") is made on the date hereinafter set forth by Windsor
Investments, LLC, a North Carolina limited liability company, having an office in Guilford
County, North Carolina, hereinafter referred to as "Declarant."
Recitals,
Declarant heretofore, over a period of time, has developed all of Section One of Park Place
Townhomes, and in connection therewith, has recorded a Declaration of Covenants, Conditions
and Restrictions recorded in the Guilford County Registry in Book 6430 at Page 0069 ("Original
Declaration"), which Original Declaration has been supplemented from time to time to add
sections of Park Place Townhomes Phase One, and Phase Two, Sections One and Two. Declarant
now wishes to continue the development of Park Place Townhomes, as originally planned, with
the development of Phase Two, Section Three. Phase Two, Section Three was included in the
Additional Property defined and referred to in the Original Declaration. In order for Phase Two,
Section Time to be brought within and subjected to the terms, provisions and conditions of the
Original Declaration, and the Common Elements contained in Phase Two, Section Three to be
conveyed to the Association, two-thirds (2/3) of the Members of Park Place Townhome
Association, Inc. ("Association"), must approve, and have approved, this being done in accordance
with the requirements set forth in the Original Declaration.
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Changes in local, state and federal laws have necessitated that there be provided in
Phase Two, Section Three a Stormwater Control and Management Facility in the form of a
stormwater device, the responsibility for the cost of maintenance of which has been determined
should be the sole and exclusive responsibility of the purchasers of townhomes in Phase Two,
Section Three. It is the purpose of this Phase Two, Section Three Declaration to provide the means
by which the financial responsibility for maintaining the Stormwater Control and Management
Facility will be allocated and determined, in order, in all respects, to comply with the extensive
requirements of the Appropriate Local Governmental Authority. Further, Phase Two,
Section Three will contain certain wastewater collection facilities ("Private Wastewater Collection
System"), which Private Wastewater Collection System also exists in portions of Phase One and
Phase Two, Section One, the maintenance of which state and local laws require be the
responsibility of the Association. The pipes and facilities constituting the Private Wastewater
Collection System ultimately will discharge into the public sanitary sewer lines of the Appropriate
Local Governmental Authority. It is the further purpose of this Phase Two, Section Three
Declaration to provide the means by which any costs incurred in connection with the maintenance
of such Private Wastewater Collection System shall be determined and allocated among the
Members of the Association.
NOW, THEREFORE, Declarant hereby declares that all of the property described as:
The land shown on the plat entitled "Final Plat Phase Two, Section Three, Park Place
Townhomes" recorded in Plat Book ( , Page 50.. , in the Guilford County Registry,
shall be held, sold and conveyed subject to the following easements, restrictions, covenants and
conditions, which are for the purpose of protecting the value and desirability of, and which shall
run with, such real property and be binding on all parties having any right, title or interest in the
described properties or any part thereof, their heirs, successors and assigns, and shall inure to the
benefit of each owner thereof. It is the intent of Declarant that the provisions of this Declaration
in all respects conform and comply to the requirements set forth in the North Carolina Planned
Community Act. To the extent any provision contained herein does not conform or comply with
the North Carolina Planned Community Act, the provisions of the Act shall control.
ARTICLE I
DEFINITIONS
Section 1. "Appropriate Local Governmental Authority" shall mean and refer to the
City of Burlington or other appropriate local governmental authority having jurisdiction over the
Properties.
Section 2. "Association" shall mean and refer to Park Place Townhome Association,
Inc., its successors and assigns.
Section 3. "Common Elements" or "Common Area" shall mean all real property
owned by the Association (whether owned in fee or by way of license or easement) or leased by
the Association, other than a Lot. It is intended that all Common Elements in Phase Two,
Section Three will be conveyed to the Association.
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Section 4. "Declarant" shall mean and refer to Windsor Investments, LLC, as well as
its successors and assigns, pursuant to an express assignment or conveyance of any special
declarant rights hereunder to any successor or assign, all of which rights shall be assignable and
may be apportioned on a lot -by -lot basis.
Section 5. "Master Plan" shall mean and refer to the plan(s) for the Properties and the
Additional Property now or hereafter approved by the Appropriate Local Governmental Authority,
as such plan(s) may be from time to time amended and approved.
Section 6. "Member" shall mean and refer to every person or entity who holds
Membership with voting rights in the Association. Owners of Lots in Phase Two, Section Three
shall be "Phase Two, Section Three Members" who shall have all of the rights and responsibilities
of Members and shall also have additional responsibilities in connection with Stormwater Control
and Management Facility as hereafter provided.
Section 7. "Owner" shall mean and refer to the record Owner, whether one or more
persons or entities, of a fee simple title to any Lot which is a part of the Properties, as hereinafter
defined, including contract sellers, but excluding those having such interest merely as security for
the performance of an obligation.
Section 8. "Phase Two, Section Three Lot" shall mean and refer to any separately
numbered plot of land shown upon any now or subsequently recorded subdivision plat of the
Phase Two, Section Three Properties intended for townhome purposes and shall include any
improvements constructed thereon and "Phase Two, Section Three Lots" shall refer to all such lots
collectively. Declarant hereby reserves the right to reconfigure, from time to time and without the
consent of the Owners or the Members of the Association, the boundaries of any Lot or Lots owned
by Declarant within Phase Two, Section Three and to thereby create additional Phase Two,
Section Three Lots, eliminate existing Phase Two, Section Three Lots or create additional
Common Elements; provided, however, in no event shall the Phase Two, Section Three Properties
contain a greater number of Lots than the number from time to time permitted by the Appropriate
Local Governmental Authority, nor shall any Phase Two, Section Three Lot within the Phase Two,
Section Three Properties contain fewer square feet than the minimum number of square feet from
time to time required by the Appropriate Local Governmental Authority. If Declarant elects to
exercise its right to revise the boundaries of one or more Phase Two, Section Three Lots owned
by Declarant, Declarant shall record a revised plat of the affected Phase Two, Section Three Lot
or Lots. Upon the recording by Declarant of such a revised plat, each lot shown on the previously
recorded plat or plats, the boundaries of which are revised by the revised plat, shall cease to be a
"Lot" as defined in this Declaration and each newly configured lot shown on the revised plat shall
be a "Phase Two, Section Three Lot" as defined in this Declaration.
Section 9. "Phase Two, Section Three Properties" shall mean and refer to all of the
property hereby or hereafter made subject to the terms, covenants and conditions of this
Phase Two, Section Three Declaration, as amended from time to time.
Section 10. "Planned Community Act" shall mean and refer to the provisions of
Chapter 47F of the General Statutes of North Carolina.
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Section 11. "Private Wastewater Collection System" shall mean the facilities in
Phase One and Phase Two provided for collecting and carrying wastewater to the Appropriate
Local Governmental Authority public sanitary sewer system.
Section 12. "Stormwater Control and Management Facility" shall mean the facility
required by the Appropriate Local Governmental Authority for control and maintenance of the
storm water generated by Phase Two, Section Three.
ARTICLE II
PROPERTY RIGHTS
All Common Elements in Phase Two, Section Three will be conveyed to the Association
and will be subject to all provisions in the Original Declaration relating thereto.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Membership and voting rights for all Owners of Lots in Phase Two, Section Three shall be
as set forth and provided in the Original Declaration. Phase Two, Section Three Members shall
have additional responsibility for the cost of maintaining the Stormwater Control and Management
Facility, as hereafter provided.
ARTICLE IV
STORMWATER CONTROL AND MANAGEMENT FACILIT'YY
Section 1. General.
(a) The Phase Two, Section Three Properties include one (1) Stormwater
Control and Management Facility that is the perpetual responsibility of the Association. The
Association shall maintain and operate the Stormwater Control and Management Facility so as to
preserve and continue its function in controlling stormwater quality and quantity at the degree or
amount of function for which the Stormwater Control and Management Facility was designed. The
Stormwater Control and Management Facility must be maintained by the Association in
accordance with all requirements of the Appropriate Local Governmental Authority, which include
all related ordinances, policies and standards and the terms and conditions of an Operation and
Maintenance Agreement ("Maintenance Agreement") approved by and entered into with the
Appropriate Local Governmental Authority.
Nothing in the remaining provisions of this Declaration or any subsequent modifications of this
Declaration may reduce the Association's or Lot Owner's obligations with regard to the
Stormwater Control and Management Facility. Such additional provisions may increase the
obligations or provide for additional enforcement options.
The Stormwater Control and Management Facility is as shown on the Final Plat of Park Place,
Phase Two, Section Three as "Water Quality Pond".
(b) The Association shall cause to be established, in conformity with the
requirements of the Appropriate Local Governmental Authority, an escrow account ("Escrow
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Account"), which can be spent solely for sediment removal, structural, biological or vegetative
replacement, major repair, or reconstruction of the Structural BMPs. If Structural BMPs are not
performing adequately or as intended or are not properly maintained, the Appropriate Local
Governmental Authority, in its sole discretion, may take such corrective action as may be
necessary, and in such instances the Appropriate Local Governmental Authority shall be fully
reimbursed from the Escrow Account. Escrowed funds may be spent by the Association only for
sediment removal, structural, biological or vegetative replacement, major repair, and
reconstruction of the Structural BMPs, provided that the Appropriate Local Governmental
Authority shall first consent to the expenditure.
(c) The Escrow Account shall be funded to a level suitable to conduct the
activities listed in Section i (b) above, which shall be based upon a submittal of construction costs
and anticipated maintenance costs prepared and sealed by the design professional, and approved
by the Appropriate Local Governmental Authority. Both contribution or deposit by Declarant and
annual assessments of Phase Two Members shall fund the Escrow Account. Prior to recordation
of plats, or issuance of construction permits, whichever shall first occur, the Declarant shall pay
into the Escrow Account an amount equal to fifteen percent (15%) of the initial construction cost
of the Structural BMPs. Two-thirds (2/3) of the total amount of the sinking fund budget shall be
deposited into the Escrow Account within the first five (5) years and the full amount shall be
deposited within ten (10) years following initial construction of the Structural BMPs. Funds shall
be deposited each year into the Escrow Account. A portion of the annual assessments of the
Phase Two, Section Three Members of the Association shall include an allocation into the Escrow
Account. Any funds drawn down from the Escrow Account shall be replaced in accordance with
the schedule of anticipated work used to create the sinking fund budget.
(d) The percent of contribution by Declarant and lengths of time to fund the
Escrow Account may be varied by the Appropriate Local Governmental Authority depending on
the design and materials of the Stormwater Control and Management Facility.
(e) The Association shall submit to the Appropriate Local Governmental
Authority's stormwater administrator an inspection report beginning one year from the date of as -
built certification and continuing with such a report each successive year thereafter as set forth in
the Maintenance Agreement.
(f) The Appropriate Local Governmental Authority is herein granted a right of
entry to inspect, monitor, maintain, repair, and reconstruct Structural BMPs.
(g) Should the Association fail to maintain and operate the Stormwater Control
and Management Facility so as to preserve and continue its function, following forty-five (45)
days' notice and an opportunity to cure, the Appropriate Local Governmental Authority is herein
granted the right to recover from the Association and its Phase Two, Section Three Members, any
and all amounts the Appropriate Local Governmental Authority expends to maintain or repair the
Structural BMPs or to correct any operation deficiencies. Failure to pay the Appropriate Local
Governmental Authority all of its expended costs, after forty-five (45) days' written notice, shall
constitute a breach of this commitment. The Appropriate Local Governmental Authority shall
thereafter be entitled to bring an action against the Association and its Phase Two, Section Three
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Members to pay, or foreclose upon any lien hereby authorized, or both, in case of a deficiency.
Interest, collection costs, and attorneys' fees shall be added to the recovery.
(h) The Appropriate Local Governmental Authority is not obligated to maintain
or repair any Structural BMPs, and the Appropriate Local Governmental Authority shall not be
liable to any person for the condition or operation of Structural BMPs.
(i) No provision of this Declaration shall in any way diminish, limit, or restrict
the right of the Appropriate Local Governmental Authority to enforce any of its ordinances as
authorized by law.
(j) The Appropriate Local Governmental Authority is hereby indemnified and
held harmless for any costs and injuries arising from or related to the Structural BMPs, unless the
Appropriate Local Governmental Authority has agreed in writing to assume the maintenance
responsibility for the Structural BMPs and has accepted dedication of any and all rights necessary
to carry out that maintenance.
Section 2. Forfeiture Provisions. The performance security shall contain forfeiture
provisions for failure, after proper notice, to complete work within the time specified, or to initiate
or maintain any actions which may be required of the applicant or owner in accordance with this
ordinance, approvals issued pursuant to this ordinance, or an operation and maintenance agreement
established pursuant to this ordinance.
ARTICLE V
COVENANT FOR MAINTENANCE AND ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The
Declarant, for each Phase Two, Section Three Lot owned within the Properties, hereby covenants,
and each Phase Two, Section Three Owner for any Phase Two, Section Three Lot, by acceptance
of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant
and agree to pay to the Association (in addition to Assessments provided for in the Original
Declaration): (i) annual and other assessments and charges provided for herein for operation and
maintenance of the Stormwater Control and Management Facility, together with interest, and late
fees, costs and reasonable attorneys' fees; and (ii) special assessments for capital improvements
for the Stormwater Control and Management Facility, such assessments to be established and
collected as hereinafter provided. All assessments and charges provided for herein, together with
interest, and late fees, costs and reasonable attorneys' fees, shall be a charge on the land and shall
be a continuing lien upon the property against which each such assessment is made when a claim
of lien is filed of record in the Office of the Clerk of Superior Court, Guilford County, North
Carolina. Each such assessment and charge, together with interest, any late fees, costs and
reasonable attorneys' fees, shall also be the personal obligation of the Phase Two, Section Three
Owner of such property at the time when the assessment fell due. The personal obligation for
delinquent assessments shall not pass to Owner's successors in title unless expressly assumed by
successor.
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Section 2. Purpose of Assessments.
(a) The Phase Two, Section Three assessments levied by the Association,
payable by Phase Two, Section Three Owners, shall be used exclusively to provide for the upkeep,
maintenance and compliance with applicable laws and notices of the Stormwater Control and
Management Facility.
(b) The Association shall establish and maintain an adequate reserve fund for
the periodic maintenance, repair or to cover other costs not provided for by the Escrow Account
for the Stormwater Control and Management Facility which the Association may be obligated to
maintain. Such reserve fund is to be established out of the Phase Two, Section Three assessments.
(c) All Phase Two, Section Three assessments collected by the Association
shall be treated as the separate property of the Association, and such monies may be applied by
the Association to the payment of any expense of operating, managing and maintaining the
Stormwater Control and Management Facility. When any Phase Two, Section Three Owner shall
cease to be a Phase Two, Section Three Member of the Association by reason of Owner's
divestment of ownership of Owner's Phase Two, Section Three Lot, by whatever means, the
Association shall not be required to account to such Phase Two, Section Three Owner for any
share of the fund or assets of the Association, or which may have been paid to the Association by
such Phase Two, Section Three Owner, as all monies which any Phase Two, Section Three Owner
has paid to the Association shall be and constitute an asset of the Association which may be used
in the operation and management of the Phase Two, Section Three Properties as herein provided.
Section 3. Fixing of Annual Assessments; Maximum Annual Assessment. The
Executive Board, with Declarant's approval, may fix the annual Phase Two, Section Three
assessment at an amount not in excess of the amount projected to be necessary to meet the expenses
of maintaining the Stormwater Control and Management Facility.
Section 4. Rate of Annual Assessment. Both annual and special Phase Two,
Section Three assessments must be fixed at a uniform rate for all Phase Two, Section Three Lots,
and may be collected on a monthly, quarterly or annual basis; provided, however, that so long as
any Phase Two, Section Three Lot is owned by Declarant or any affiliated entity, there shall be no
obligation to pay any annual or special assessments of any kind as to such Phase Two,
Section Three Lot.
Section 5. Date and Commencement of Annual Assessments; Due Dates. The
Phase Two, Section Three annual assessments provided for herein shall commence as to a
Phase Two, Section Three Lot on the first day of the month following the date such Phase Two,
Section Three Lot is sold or leased to someone other than a Declarant. The first annual assessment
shall be adjusted according to the number of months remaining in the calendar year. The due dates
shall be established by the Executive Board. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether
the assessments on a specified Lot have been paid.
Section 6. Effect of Nonpayment of Assessments: Remedies of the Association. Any
Phase Two, Section Three assessment not paid within thirty (30) days after the due date shall bear
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interest from the due date at a rate from time -to -time established by the Association not to exceed
eighteen percent (18%) per annum. In addition, the Association may charge a reasonable late fee,
the amount of which shall be established from time to time by the Executive Board of the
Association, for assessments not paid within thirty (30) days after the due date and after notice and
an opportunity to be heard, the Association may suspend privileges or services provided by the
Association (except rights of access to Lots during any period that assessments or other amounts
due and owing to the Association remain unpaid for a period of thirty (30) days or longer, which
suspension may continue without further hearing until the delinquency, is cured. The Association
may bring an action at law against the Owner personally obligated to pay the same or foreclose
the lien created herein against the property in the same manner as prescribed by the laws of the
State ofNorth Carolina for the foreclosure of a mortgage or deed of trust on real estate under power
of sale, and interest, any late fees, costs and reasonable attorneys' fees for representation of the
Association in such action or foreclosure shall be added to the amount of such assessment. No
Owner may waive or otherwise escape liability for the assessment provided for herein by nonuse
of the Common Elements or abandonment of Owner's Lot nor shall damage to or destruction of
any improvements on any Lot by fire or other casualty result in any abatement or diminution of
the assessments provided for herein.
Section 7. Subordination of the Lien for Assessments to the Lien of First Mortgages.
The lien to secure payment of Phase Two, Section Three assessments shall be subordinate to the
lien of any first mortgage or deed of trust. When the holder of a first mortgage or first deed of
trust of record, or other purchaser of a lot obtains title to the lot as a result of foreclosure of a first
mortgage or first deed of trust or deed in lieu of foreclosure, such purchaser and its heirs,
successors, and assigns, shall not be liable for the assessments against such Lot which become due
prior to the acquisition of title to such Lot by such purchaser. Such unpaid assessments shall be
deemed to be common expenses collectible from all Owners including such purchaser, its heirs,
successors, and assigns. Such sale or transfer of any Lot which is subject to any such first mortgage
or deed of trust, pursuant to a foreclosure thereof or any proceeding in lieu of foreclosure thereof,
shall extinguish the lien of such assessments as to the payment thereof which become due prior to
such sale or transfer; provided, however, no such sale or transfer shall relieve such Lot or the
Owner thereof from liability for any assessments thereafter becoming due or from the lien thereof.
Section 8. Exempt Property. All property dedicated to, and accepted by, a public
authority and all properties owned by a charitable or non-profit organization exempt from taxation
by the laws of the State of North Carolina shall be exempt from the assessments created herein,
However, no land or improvements devoted to dwelling use shall be exempt from said
assessments.
ARTICLE VI
EASEMENTS
Section 1. Utilities. Easements for installation and maintenance of utilities (including
cable television service) and drainage facilities are reserved as indicated on recorded plats. Within
these easements no structures, planting or other material shall be placed or permitted to remain
which may interfere with the installation and maintenance of utilities, or which may change the
direction of flow of drainage channels in the drainage easements, or which may obstruct or retard
the flow of water through drainage channels in the easements. An easement is hereby established
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for the benefit of the appropriate governmental entity (and any other person or firm providing
services to the Properties under agreement with or at the direction of the Association) over all
Common Elements as may be reasonably necessary for the setting, removal and reading of water
meters, and the maintenance and replacement of water, sewer and drainage facilities and for the
fighting of fires and collection of garbage. The Association shall have the power and authority to
grant and establish upon, over and across the Common Elements such additional easements as are
necessary or desirable for the providing of service or utilities to the Common Elements or Lots.
Section 2. Easements Reserved by Declarant. Declarant hereby reserves such
easements on, across and over the Common Elements as shall be reasonably necessary for (i) the
exercise by Declarant or any affiliated entity of any right herein reserved, including, without
limitation, Declarant's right, should Declarant elect, to annex the Additional Property, as
hereinafter defined and (ii) the development by Declarant or any affiliate, their respective
successors and assigns, of the Additional Property, should Declarant elect not to annex the
Additional Property, including without limitation easements for ingress, egress and regress over
private roads and streets now or hereafter erected on the Properties and easements for the use of
all utility lines, fixtures and/or their connections located within the Common Elements for the
purpose of providing water, light, power, telephone, sewage and sanitary service to the Additional
Property.
Section 3. Encroachments. In the event that any improvements on a Lot shall encroach
upon any Common Elements or upon any other Lot as a result of the initial improvements
constructed by Declarant or for any reason not caused by the purposeful or negligent act of the
Owner or agents of such Owner, then an easement appurtenant to such Lot shall exist for the
continuance of such encroachment upon the Common Elements or other Lot for so long as such
encroachment shall naturally exist; and, in the event that any portion of the Common Elements
shall encroach upon any Lot, then an easement shall exist for the continuance of such
encroachment of the Common Elements into any such Lot for so long as such encroachment shall
naturally exist.
ARTICLE VII
PRIVATE WASTEWATER COLLECTION SYSTEM
Section 1. Private Wastewater Collection System. The Private Wastewater Collection
System is contained within the Common Elements in both Phase 1 and Phase 2 and shall be
properly maintained by the Association in conformity with law and the provisions of the permit
for construction, operation, repair and maintenance of the Private Wastewater Collection System
and in accordance with the Appropriate Local Governmental Authority's wastewater ordinance
Section 2. Costs. Maintenance costs for the Private Wastewater Collection System
shall be a common expense of the Association and shall receive the highest priority for
expenditures by the Association, except for the payment of insurance and federal, state and local
taxes.
Section 3. Reserve Fund. A reserve fund shall be created and maintained, as required
by the Appropriate Local Governmental Authority, in order to assure that there shall be funds
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readily available to repair and maintain the Private Wastewater Collection System, beyond the
routine operation and maintenance expenses, and shall be a part of the annual budget.
Section 4. Special Assessments for Wastewater System. In the event that any reserve
funds are insufficient to pay the estimated or actual costs of repair and maintenance of the Private
Wastewater Collection System, then the Association may levy in advance a Special Assessment
sufficient to provide funds to pay such estimated or actual costs of repair and maintenance. Such
assessment shall be allocated among all Owners and Members and collected as provided herein.
Further levies may be made in like manner if the amounts collected prove insufficient to complete
the repair and maintenance of the Private Wastewater Collection System.
Section 5. Dissolution. The Association shall not enter into voluntary dissolution
without first having transferred the Private Wastewater Collection System to some person,
corporation or other entity acceptable to and approved by the North Carolina Environmental
Management Commission or appropriate delegated authority, by the issuance of a permit.
Section 6. Transfer. The Association shall not transfer, convey, assign or otherwise
relinquish or release its responsibility for the operation and maintenance of the Private Wastewater
Collection System until a permit has been issued by the North Carolina Environmental
Management Commission or appropriate delegated authority, to the Association's successor.
ARTICLE VIII
GENERAL PROVISIONS
Section 1. Enforcement. The Phase Two, Section Three Owner(s) of each Phase Two,
Section Three Lot shall be governed by and shall comply with the provisions of the Original
Declaration, this Declaration, the Bylaws of the Association and all rules and regulations of the
Association adopted pursuant thereto, as any of the same are now constituted or as they may be
amended from time to time. A default by any Phase Two, Section Three Owner shall entitle the
Association or the Owner(s) of any of the other Lots to the following relief:
(a) The Association, or any Owner, shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and
charges now or hereafter imposed by the provisions of this Declaration or the Bylaws of the
Association, including, without limitation, an action to recover sums due for damages, injunctive
relief, foreclosure of lien, or any combination thereof. The Association shall have the right to
request that law enforcement, public safety and animal control officers come on the Properties to
facilitate the enforcement of the laws, codes and ordinances of any governmental authority.
(b) The Association, after notice to the Owner and a reasonable opportunity to
be heard, shall have the right to assess reasonable fines against an Owner for violations of this
Declaration, the Bylaws of the Association, or the Association's published rules and regulations
by such Owner, or such Owner's family, guests, invitees and lessees in an amount not to exceed
$150.00 for each violation, and without further hearing, for each day after the decision that the
violation occurs. Such fines shall be deemed to be assessments as set forth in Article V of the
Original Declaration and if not paid within thirty (30) days after notice and demand therefore, the
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Association shall be entitled to the remedies set forth in the Original Declaration for the
enforcement and collection of delinquent assessments.
(c) The Association, after notice to the Owner and a reasonable opportunity to
be heard, shall have the right to suspend privileges or services provided by the Association (except
rights of access to Lots) for reasonable periods for violations of this Declaration or the Bylaws,
Articles or rules and regulations of the Association. If it is decided that a suspension of privileges
or services provided by the Association should be imposed, the suspension may be continued
without further hearing until the violation is cured.
(d) If an Owner is legally responsible for damage inflicted on any Common
Elements, the Association may direct such Owner to repair such damage, or the Association may
itself cause the repairs to be made and recover damages from the responsible Owner. If damage
is inflicted on any Lot by an agent of the Association in the scope of the agent's activities as such
agent, the Association is liable to repair such damage or to reimburse the Owner for the cost of
repairing such damages. The Association shall also be liable for any losses to the Owner. When
any such claim for damages against an Owner or the Association is less than or equal to the
jurisdictional amount established for small claims by North Carolina General Statute 7A-210, any
aggrieved party may request that a hearing be held before an adjudicatory panel appointed by the
Executive Board of the Association to determine if an Owner is responsible for damages to any
Common Elements or the Association is responsible for damages to any Lot. If the Executive
Board fails to appoint an adjudicatory panel to hear such matters, such hearings shall be held before
the Executive Board. Such panel shall accord to the party charged with causing damages notice
of the charge, opportunity to be heard and to present evidence, and notice of the decision. This
panel may assess liability for each damage incident against each Owner charged or against the
Association not in excess of the jurisdictional amount established for small claims by North
Carolina General Statute 7A-210. When such claim exceeds the jurisdictional amount established
for small claims by North Carolina General Statute 7A-210, liability of any Owner charged or the
Association shall be determined as otherwise provided by law. Liabilities of Owners determined
by adjudicatory hearing, or as otherwise provided by law, shall be assessments secured by lien as
provided herein. Liabilities of the Association determined by adjudicatory hearing or as otherwise
provided by law may be offset by the Owner against sums owing to the Association and if so
offset, shall reduce the amount of any lien of the Association against the Lot at issue.
(e) In any proceeding arising because of an alleged default by an Owner, the
Association, if successful, shall be entitled to recover the costs of the proceeding and such
reasonable attorneys' fees as may be determined by the Court.
(f) The failure of the Association or any Owner to enforce any right, provision,
covenant or condition which may be granted by this Declaration or the other above -mentioned
documents shall not constitute a waiver of the right of the Association or of the Owner to enforce
such right, provision, covenant or condition in the future.
(g) All rights, remedies and privileges granted to the Association or the Owners,
pursuant to any terms, provisions, covenants or conditions of the Original Declaration or other
above mentioned documents, shall be deemed to be cumulative, and the exercise of any one or
more shall not be deemed to constitute an election of remedies, nor shall it preclude the party thus
87326567.v5 11

exercising the same from exercising such other and additional rights, remedies or privileges as
may be available to such party at law or in equity.
(h) The failure of Declarant to enforce any right, privilege, covenant or
condition which may be granted to it by this Declaration or other above -mentioned document shall
not constitute a waiver of the right of Declarant to thereafter enforce such right, provision,
covenant or condition in the future.
Section 2. Severability. Invalidation of any one of the covenants or restrictions by
judgment or court order shall in no wise affect any other provision which shall remain in full force
and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run
and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after
which time they shall be automatically extended for successive periods of ten (10) years unless
terminated as hereinafter provided. This Declaration may be terminated or amended with the
consent of the Owners entitled to cast at least eighty percent (80%) of the votes of the Association.
However, this Declaration may not be amended or terminated without Declarant's consent; no
amendment purporting to revoke or curtail any right herein conferred to Declarant shall be
effective unless executed by Declarant; and no amendment relating to the maintenance or
ownership of any Private Wastewater Collection System or Stormwater Control and Management
Facility shall be effective unless reviewed and approved by the Appropriate Local Governmental
Authority. Any amendment, except amendments that Declarant is authorized to make unilaterally,
must: (1) be executed on behalf of the Association by its duly authorized officers; (2) contain an
attestation by the officers executing the amendment on behalf of the Association that the requisite
Owner and Declarant approval have been obtained and is evidenced by written acknowledgment(s)
signed by the Owners approving the amendment and, if required, Declarant, and that such
acknowledgments have been made a part of the Minute Book of the Association; and (3) be
properly recorded in the Office of the Register of Deeds, Guilford County, North Carolina. For
the purpose of this section, additions to existing property by Declarant pursuant to Section 4 of
this Article shall not constitute an "amendment." In the event this Declaration is terminated in
accordance with the provisions hereinabove provided, Declarant, for each Lot owned within the
Properties, hereby covenants, and each Owner for any Lot, by acceptance of a deed therefore,
whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay a pro
rata share of the cost of the maintenance of all permanent retention or detention ponds.
Section 4. Annexation.
(a) Except as provided in subsection b) of this Section 4, Article XI, additional
residential property and Common Elements may be annexed to the Properties only with the consent
of the Members entitled to cast two-thirds (2/3) of the votes each of the Class A and Class B
Members of the Association, who are voting, in person or by proxy, at a meeting duly called for
such purpose.
(b) By virtue of the approval of two-thirds (2/3) of the Members of the
Association, all or any portion of the Phase Two, Section Three Property may be annexed by the
Declarant without the further consent of Members within ten (10) years of the date of this
87326567.v5 12

instrument. Declarant shall have no obligation of any kind to annex any or all of the Phase Two,
Section Three Property and, should Declarant elect to annex all or any portion of the Phase Two,
Section Three Property, Declarant shall have no obligation of any kind to annex the Phase Two,
Section Three Property in any particular sequential order.
Section 5. Amplification. The Provisions of this Phase Two, Section Three
Declaration are amplified by the Articles of Incorporation and Bylaws of the Association; but no
such amplification shall alter or amend any of the rights or obligations of the Owners set forth in
this Phase Two, Section Three Declaration. Declarant intends that the provisions of this
Phase Two, Section Three Declaration, the Original Declaration, and the Articles of Incorporation
and Bylaws of the Association be interpreted, construed, and applied to avoid inconsistencies or
conflicting results. If such conflict necessarily results, however, Declarant intends that the
provisions of this Phase Two, Section Three Declaration and the Original Declaration control
anything contained in the Articles of Incorporation or Bylaws of the Association.
[Remainder of this page intentionally left blank}
87326567.v5 13

IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused this
instrument to be executed in its name and its seal hereto affixed as of the jQ day of
PAIL , 2019.
WINDSOR INVESTMENTS, LLC,
a North Carolina limited liability company
By:
Name: David He vard
Title: Manager
STATE OF NORTH CAROLINA
COUNTY OF GI w i f
(SEAL)
I certify that the following person personally appeared before me this day, acknowledging to me
that he signed the foregoing document: D vid Howard.
Today's Date: f Pi24(,. 30 , 2019
P '9
Notacy Public yO
U Rockingham
County _
My Comm. Exp.
4, 02.04-2023 _zr
[Affix Notary Seal in Space Above]
[Notary's signature as nme appean seal]
eaLCSailcfra, c Y-a. o
�[No's printed name as name -'appears on seal]
My commission expires: f j . , 20 23
87326567.v5 14

NORTH CAROLINA
GUILFORD COUNTY
Prepared by and mgiko:
Charles E. Melvin, Jr.
Fox Rothschild LLP
PO Box 21927
Greensboro, NC 27420-1927
BK: R,o,;o,;��,III�II10111111Y11
RECORDED: 2019026868
05-23-2019 GUILFORD COUNTY, NC
02:38:50 PM JEFF L: THIGPEN
BY: HSIAO.WEI AHERON REGISTER OF DEEDS
DEPUTY -GB
NC FEE $26.00
SUPPLEMENT TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
PARK PLACE TOWNHOMES
TO ADD
PHASE TWO, SECTION THREE
This Supplement to Declaration of Covenants, Conditions and Restrictions for Park Place
Townhomes ("Supplement") is made as of fV12(L30 , 2019, by Windsor Investments,
LLC, a North Carolina limited liability company ("Declarant").
RECITALS:
A. Declarant caused the Declaration of Covenants, Conditions and Restrictions for
Park Place Townhomes (the "Original Declaration") to be recorded in Book 6430, Page 0069, in
the Office of the Register of Deeds of Guilford County, North Carolina, ("Guilford County
Registry") and thereby subjected certain real property to the covenants, conditions, restrictions and
easements therein contained. Supplements to the Original Declaration have been recorded which
have added all of Phase One and Phase Two, Sections One and Two of Park Place to the Original
Declaration.
B. Declarant now wishes to develop Phase Two, Section Three ("Phase Two,
Section Three") of Park Place and subject Phase Two, Section Three to the terms and conditions
of the Original Declaration and to convey all Common Elements within Phase Two, Section Three
to the Association.
C. Article XI, Section 4(a) of the Original Declaration provides that additional
residential property may be annexed to the Properties with the consent of the Members of Park
Place Townhome Association, Inc. ("Association") entitled to cast two-thirds (2/3) of the votes
8658062 Lv4

each of the Class A and Class B Members of the Association and Article 1, Section 4 of the
Original Declaration provides that the Association may acquire additional Common Elements with
a Iike approval of the Members of the Association.
D. The land shown on the plat entitled "Final Plat Phase Two, Section Three, Park
Place Townhomes" recorded in Plat Book, Page in the Guilford County Registry
(the "Phase Two, Section Three Property") is part of the additional property which pursuant to
Article Xl, Section 4(a) of the Original Declaration may be annexed into Park Place Townhomes
with the consent of two-thirds (2/3) of the votes of the Members.
E. Pursuant to the provisions of Article 1, Section 4 and Article XI, Section 4(a) of the
Original Declaration, Declarant and Members comprising at least two-thirds (2/3) of the Members
of the Association have approved annexing the Phase Two, Section Three Property into Park Place
Townhomes (which may be done in phases) and to subject all of the Phase Two, Section Three
Property to the covenants, conditions, restrictions and easements contained in the Original
Declaration, and to accept conveyance to the Association of all Common Elements contained
within the Phase Two, Section Three Property, all of which can be done in phases.
NOW, THEREFORE, Declarant hereby declares as follows:
1. Annexation of Property. The Declarant hereby supplements the Original
Declaration by annexing the Phase Two, Section Three Property described above into Park Place
Townhomes and declares that the Phase Two, Section Three Property shall be held, sold and
conveyed subject to the covenants, conditions, restrictions and easements contained in the Original
Declaration, which are for the purpose of protecting the value and desirability of, and which shall
run with the real property and be binding on all parties having any right, title or interest in said
property, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of
each Owner thereof. By accepting a deed to any of the Phase Two, Section Three Property, the
Owners thereof agree to abide by all of the covenants, conditions, restrictions and easements
contained in the Original Declaration, including the covenants to pay any assessments levied
pursuant thereto and to be subject to the liens for such assessments imposed therein. Any portion
of the Phase 2, Section 3 Property consisting of Common Elements may be conveyed to the
Association by Declarant in phases as plats therefor are recorded in the Guilford County Registry.
•
2. Certification of Requisite Vote. The Association hereby affirms and attests that
(i) the requisite Members of the Association (Owners), including Declarant, approval has been
obtained to add all of the Phase Two, Section Three Property to the Original Declaration (which
can be done in phases) and for the Association to accept conveyance to it of all Common Elements
contained in Phase Two, Section Three, and is evidenced by written acknowledgments signed by
the requisite number of Members of the Association (Owners), including Declarant, approving the
above Supplement; and (ii) that such acknowledgments have been made a part of the Minute Book
of the Association.
3. Miscellaneous. The recitals set forth above are true and correct and are made a part
of this Supplement. Capitalized terms not otherwise defined herein shall have the meanings
ascribed to them in the Original Declaration. Except as set forth herein, the Original Declaration
remains unmodified and in full force and effect.
86580621.v4

IN WITNESS WHEREOF, Declarant has caused this Supplement to be executed this the
day and year first above written and Park Place Townhome Association, Inc. has joined in the
execution hereof for the purpose of affirming and attesting to the matters set forth in paragraph 2
above.
Windsor Investments, LLC
By:
Name: David Howard
Title: Manager
STATE OF NORTH CAROLINA
COUNTY OF I i/F- ()
I certify that the following person personally appeared before me this day, acknowledging to me
that he signed the foregoing document: David Howard.
, 2019 O$2L4t' 0 .
[Notary's signature as nam) appear seal
(',Scull ra, 0 . r-Cfri
[Notary's printed name as name dppears on seal]
My commission expires: F. . 4 , 2Q 3
Today's Date: $ P2 N L 36
`0BOAAtrC�/1i
;: �. tlotatr Public p�'s.
RockinGham
V County
:- 2 aZ pa 2023p�Q
[Affix Notary Seal in space Above]
86580621.v4
[Signature continues on following page]

Park Place Townhome Association, Inc.
By:
Name: "% r0-R t~ - I
Title: presi c!< re''--.
STATE OF NO TH CA OLI iA
COUNTY OF t.R l
I certify that the following person personally appre me t is day, acknowledging to me
that he or she signed the foregoing document:e etip
[Name of signalbry]
Today's Date: O cJ (D 8 , 2019
Notary VIICKI J BURGESS
Y ubiic, North Carolina
Guilford County
My Commission Expires
July 18, 2020
[Affix Notary Seal in Space Above]
as name appears on seal]
[Notary's printed n as name appears on seal]
My commission expires: O/ / 5— , 20 20
86580621.v4