SW6180801_HOA Members_20230908

B3795 - P 204
For Registration Kimberly S. Hargrove
Register of Deeds
Harnett County, NC
Electronically Recorded
2020 Mar 23 03:36 PM NC Rev Stamp: $ 0,00
Book: 3795 Page:204 - 227 Fee: $62.00
Instrument Number: 2020004567
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
KATHRYN'S RETREAT SUBDIVISION
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF
THE UNITED STATES OF AMERICAN AND/OR THE FLAG OF
THE STATE OF NORTH CAROLINA
THIS DOCUMENT REGULATES OR PROHIBITS THE
DISPLAY OF POLLICAL SIGNS
This document prepared by and mail after recording to:
John B. Adcock
Adcock Law Finn,P.A,
PO Box 1478
Fuquay-Varina, NC 27526
submitted electronically by "Adcock Law Firm, PA"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Harnett County Register of Deeds.

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be modified, of the Subdivision and to exercise any development rights; (v) to amend, modify,
waive and/or enforce this Declaration and any of the provisions herein; (vi) to annex additional
property to the Subdivision and this Declaration, (vii) all rights otherwise reserved herein, and
(viii) all "Special Declarant Rights" as the same is defined in the North Carolina Planned
Community Act at N.C,G.S. § 47F-1-103(28)and as may be hereafter amended or modified
Section 1.2 The Period of Declarant Control or Development Period means the period
of time beginning at the recordation of this Declaration in the Harnett County Registry, and
tenninating on the earlier to occur of. (i)the date that.Declarant terminates in writing the Period
of Declarant Control and transfers all Special Declarant Rights to the Homeowners' Association;
or(ii)the date on which all Lots in the Subdivision have been conveyed by the Declarant and the
construction of dwelling units and Lot improvements have been approved in writing by the
Declarant and completed by the Lot Owners.
Section 1.3 Declarant reserves all "Development Rights" as the same is defined at
N.C.G.S. § 47F-1-103(11) and as may be hereafter amended or modified.
Section 1.4 Mutuality. The covenants, restrictions, and agreements set forth in this
Declaration are made for the mutual and reciprocal benefit of every parcel within the Property,
and are intended to create mutual equitable servitudes upon each such parcel in favor of the other
parcels, to create reciprocal rights among the respective Owners, and to create privity of contract
and an estate between the grantees of each and every parcel within the Property, their heirs,
successors and assigns.
Section 1.5 Benefits and Burdens. Every person who is an Owner does by reason of
taking title to land located within the Property agree to all terms and provisions of this
Declaration and shall be entitled to its benefits and subject to its burdens.
ARTICLE 2
HOMEOWNERS' ASSOCIATION
Section 2.1 Homeowners' Association. There has been created a North Carolina
non-profit corporation known as Kathryn's Retreat Homeowners' Association, Inc. (hereinafter
the "Association" and/or"HOA" and/or "Homeowners' Association), which shall be responsible
for the maintenance, management and control of the Common Areas as more specifically set
forth in this Declaration. The Association shall have all the powers of an owner's association as
set out in the North Carolina Planned Community Act, N.C.G.S. § 47F-3-102 and as may be
hereafter amended or modified. This is the Declaration to which the Articles of Incorporation
(the"Articles")and by Bylaws(the`Bylaws") of the Association make reference.
Section 2.2 Board of Directors and Officers. The Board of Directors, and such
officers as may be elected or appointed in accordance with the Articles or the Bylaws, shall
conduct the affairs of the Association.
Section 2.3 Rules and Regulations. By a majority vote of the Board of Directors, the
Association may, from time to time adopt, amend and repeal Rules and Regulations with respect
to all aspects of the Association's rights, activities and duties under this Declaration. The Rules
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Section 2.7 Maintenance Obligation of the Lot Owners. The responsibilities of each
Lot Owner shall include:
Section 2.7.1 (a) To clean, maintain, keep in good order, repair and replace at
Owner's expense all portions of Owner's Lot and Dwelling Unit. Any repair, replacement and
maintenance work to be done by an Owner must comply with any Rules and Regulations of the
Association including architectural control and visual hannony.
Section 2.7.2 (b) To perform Owner's responsibilities in such manner so as not to
unreasonably disturb other persons residing within the Subdivision.
Section 2.7.3 (c) Not to paint or otherwise alter, decorate or change the appearance
of any exterior portion of Owner's Dwelling Unit,without the written consent of the Association.
Section 23A (d) Not to impair the use of any easement without first obtaining the
written consents of the Association and of the Owner or Owners for whose benefit such
easements exist.
(e) Each Lot Owner shall be deemed to agree, by acceptance of delivery of a deed to
a Lot, to repair and/or replace at Owner's expense all portions of the Common
Areas which may be damaged or destroyed by reason of Owner's own intentional
or negligent act or omission, or by the intentional or negligent act or omission of
any invitee, tenant, licensee and/or family member, including, but not limited to,
any repairs necessary which result from damage incurred by pets or vehicles
owned by the Lot Owner, or owned by any guest, invitee, tenant or licensee of
such Lot Owner.
ARTICLE 3
COVENANT FOR ASSESSMENTS
Section 3.1 Regular Assessments. Regular Assessments for the payment of the
Common Expenses shall be made in the manner provided herein and in the manner provided in
the Bylaws. The Regular Assessment is established for the benefit and use of the Association
and shall be used in covering payment of all of the Common Expenses.
Section 3.2 Special Assessment. In addition to levying Regular Assessments, and to
the extent that the reserve fund is insufficient, the Association, or the Declarant if during the
Period of Declarant's Control, may levy Special Assessments to construct, structurally alter or
replace improvements which are a part of the Common Areas. Provided that after the expiration
of the Period of Declarant's Control, the prior written consent is obtained by a majority of the
Members who are voting either in person or by proxy at a meeting duly called for such purpose
or unless expressly stated in the annual budget. The Declarant shall have authority to levy a
Special Assessment during the Period of Declarant's Control, without prior approval of the
Members of the Association or Lot Owners. If the Special Assessment is approved, the Board of
Directors shall calculate each Lot's proportionate share of the Special Assessment for the capital
improvements, and shall give the Lot Owner(s) written notice of the proportionate share and of
the date(s) that the Special Assessment is due and payable. Notwithstanding the foregoing,
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the Builder has not sold the Lot following the Builder's one-year possession of the Lot, then the
Builder shall be subject to the monthly Regular Assessment provided for herein which shall
commence on the first day following the Builder's one-year possession of the Lot the same as
any Owner of a Lot. The Board of Directors shall fix the amount of the monthly Regular
Assessment to be paid by each Member at the beginning of each calendar year. Written notice of
the monthly Regular Assessment shall be sent to every Member subject thereto. The Board of
Directors shall establish the due dates.
Section 3.5.2 The Board of Directors, or an adjudicatory panel established by the Board
of Directors, may levy a reasonable Fine Assessment as a fine or penalty for violation of this
Declaration. A lien may be filed for this Fine Assessment, and this Fine Assessment may be
enforced by foreclosure and otherwise treated as a Regular Assessment.
Section 3.5.3 Both Regular and Special Assessments for a Lot Owner shall be
determined by the Association based upon the proportion that each Lot bears to the aggregate
number of Lots located on the Property, except those owned by Declarant which are not
assessed. The Association's governing body may, at its discretion, waive the Regular
Assessment for any year or part of a year for any Lot not occupied as a residence.
Section 3.6 Billing. The amount of the initial Regular Assessment shall be determined
by the Declarant and or the Association. The Association shall inform each Lot Owner of the
amount of the total Regular Assessment due from the Owner of that particular Lot. This Regular
Assessment may be modified to be paid in monthly installments or as otherwise required by the
Association. The Owner of each Lot must pay Owner's Lot's required Regular Assessment in
advance on the first (1 st) calendar day of each month for the month in which it is due, unless the
Association otherwise directs. Payment is to be made to such person at such an address as the
Association determines. Special Assessments are due thirty (30) days after the bill for the
Special Assessment has been mailed or otherwise sent out by the Association, unless the
Association otherwise directs. Subject to the rights of the Builder set out hereinabove, the
Owners of the initial Lots in the Subdivision, except Declarant, shall be obligated to begin
paying the Regular Assessment as of the first (1 st) day of the initial conveyance of the Lot from
Declarant to the Owner. If the Subdivision is expanded and additional Lots are brought into the
Subdivision during a given Assessment year, those additional Lots shall begin paying the
Regular Assessment on the first (1 st) day of the initial conveyance of the Lot from Declarant to
the Owner.
Section 3.7 Common Surplus. If the Regular Assessment collected in any given year
is in excess of the actual Common Expenses for that year, the Board may, at its sole discretion:
(a) return each Owner's share of the Common Surplus; (b) credit each Owner's share of the
Common Surplus to each Owner's payment for the Regular Assessment for the following year;
or(c) apply the Common Surplus to the reserve.
Section 3.8 Assessment Certificate. The Association shall, upon demand and at any
reasonable time, furnish to any Owner liable for Assessments a certificate in writing signed by an
Officer or other authorized agent of the Association, setting forth the status of said Assessments;
i.e., "current" and, if not current, "delinquent" and the amount due. Such certificate shall be
conclusive evidence of the payment of any Assessment therein stated to have been paid. A
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Section 3.14 Non-Liability of Foreclosure Sale Purchaser for Past Due Common
Expenses. When the holder of a first mortgage or first deed of trust of record or other purchaser
of a Lot acquires title to the Lot as a result of foreclosure of the first mortgage or first deed of
trust or by deed in lieu of foreclosure, such acquirer of title, its successors and/or assigns, shall
not be solely liable for the share of the Common Expenses or other Assessments by the
Association chargeable to such Lot which became due prior to the acquisition of title to the Lot
by such acquirer, other than Assessments for which a claim of lien has been docketed with the
Harnett County clerk of superior court prior to the recordation of the lien being foreclosed. Such
unpaid share of Common Expenses or Assessments shall be deemed to be Common Expenses
collectible from all of the Lots, including that of such acquirer, its successors and/or assigns.
This provision shall not relieve the party acquiring title or any subsequent Owner of the subject
Lot from paying future Assessments.
Section 3.15 Liability for Assessments Upon Voluntary Conveyance. In a voluntary
conveyance of a Lot, any grantee or grantee's first mortgagee shall inform the Board of Directors
in writing of such contemplated conveyance and such grantee or first mortgagee shall be entitled
to a statement from the Board of Directors of the Association setting forth the amount of all
unpaid Assessments (including current Assessments) against the grantor due to the Association.
Neither the grantee nor the mortgagee shall be personally obligated for any delinquent
Assessments, but such delinquent Assessments, along with interest, late charges, costs and
reasonable attorneys'fees, shall be a lien against the Lot in accordance with this Declaration.
Section 3.16 Late Charge. The Association may impose a charge against any Lot
Owner who fails to pay any amount assessed by the Association against his Lot within ten (10)
days after such Assessments are due and payable and who fails to exercise Owner's rights under
this Declaration or under the laws of the State of North Carolina to successfully contest such
Assessment. The amount of the late charge shall be the greater of Twenty and No/100 Dollars
($20.00) or twenty percent (20%) of the delinquent amount, or such other amount as may be
determined by the Association from time to time. Additionally, if a Lot Owner shall be in
Default of payment of an installment upon an assessment or of a single monthly assessment, the
Association has the right to accelerate all monthly Assessments remaining due in the current
fiscal year. The total of such Assessments, together with the delinquent Assessments, shall then
be due and payable by the Lot Owner no later than ten (10) days after the delivery of written
notice of such acceleration to the Lot Owner or twenty (20) days after mailing of such notice to
him or her by certified mail, whichever occurs first. If such acceleration amount is not paid by
the due date, the above-described late charge may be imposed on the part of such accelerated
amount not paid by the due date.
Section 3.17 Miscellaneous
Section 3.17.1 The Association may change the interest rate due on delinquent
Assessments (including any late charges), except that the rate cannot be changed more often than
once every six (6) months. As of its effective date, the new interest rate will apply to all
Assessments then delinquent.
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Refusal to approve plans, locations or specifications by said Board of Directors or Architectural
Control Committee may be based upon any reasonable ground, including, without limitation,
lack of harmony of external design, color, location or relation to surrounding structures and
topography and purely aesthetic considerations which, in the discretion of said Board of
Directors or Architectural Control Committee shall be deemed sufficient. After approval by the
Board of Directors or Architectural Control Committee is given, no alterations may be made in
such plans except by and with the prior written consent of the Architectural Control Committee
or the Board of Directors. One (1) copy of all plans, specifications and related data shall be
furnished to the Board of Directors or Architectural Control Committee for its records.
ARTICLE 5
USE RESTRICTIONS
Section 5.1 Use and Occupancy. The Association may make Rules and Regulations to
govern the use and occupancy of the Subdivision. In addition, the following covenants,
conditions, and restrictions, as to use and occupancy, shall run with the land and shall be binding
upon each Lot Owner, Owner's heirs,tenants, licensees, successors and/or assigns.
Section 5.1.1 Restrictions on Occupancy. Occupancy of each Dwelling Unit shall be
limited to two individuals for each bedroom shown on the plans for the Dwelling Unit approved
by the Architectural Control Committee. Provided: (A) this occupancy limitation shall not limit
occupancy by persons under the age of eighteen (18) years (a"Minor") who are domiciled with:
(i) a parent or another person having legal custody of the Minor(s); or (ii) the designee of the
parent or other person having custody of the Minor, provided the designee has the written
permission of the parent or other person; (B) this occupancy limitation and this Declaration shall
at all times be interpreted and enforced in compliance with the Federal Fair Housing Act and
North Carolina Fair Housing Act. A person shall be deemed to be in "occupancy" if they stay
overnight in the Dwelling Unit more than seven(7)nights, consecutive or nonconsecutive, in any
thirty(30) day period or more than fourteen(14)nights in any six(6)month period.
Section 5.1.2. Leasing of Units. In order to maintain the predominantly owner-occupied
character of the Subdivision, leases of Dwelling Units shall be prohibited except as expressly
authorized and conditioned herein this Declaration.
Section 5.1.2.A. Definition. "Leasing" or"Lease" as used in this Declaration,refers
to: (A) any agreement which gives rise to relationship of landlord and tenant or lessor and lessee;
or(B) a contract or agreement between an Owner and another for possession of a Lot or portions
thereof for a term of days, weeks, months and/or years; or (C) an agreement under which an
Owner gives up possession and/or use of a Lot for consideration. Lease or Leasing shall also
mean any agreement or contract with Lease to purchase provisions.
Section 5.1.2.B. Restriction on Leasing. In order to maintain the predominately
owner occupied character of the Property, Leasing of Dwelling Units is prohibited except as
otherwise authorized by the Board as an "Exemption" in accordance with the standards set out
hereinbelow and as otherwise stated hereinbelow. Any Lease not so authorized shall be a
violation of this Declaration.
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decreased below ten percent (10%), the Board shall notify the first Owner on the Non-Exempt
waiting list that permission has been granted to Lease. The Owner shall have ninety (90) days
after the date of such notice within to enter into a written Lease and provide a copy to the Board,
otherwise the Owner's request to Lease the Non-Exempt Unit shall be deemed denied. If a Non-
Exempt Unit is not occupied within ninety (90) days after approval by the Board, the approval of
the Non-Exempt Unit for Lease shall automatically expire. If the Board fails to respond within
sixty (60) days of receipt of a written request delivered via certified mail, return receipt
requested, for permission to Lease a Non-Exempt Unit, the request to Lease a Non-Exempt Unit
shall be deemed approved.
Section 5.1.2.E. Lease Requirements. In addition to the foregoing, any Lease of a
Dwelling Unit in the Subdivision shall be in violation of this Declaration unless the following
conditions are satisfied:
1. Any subleases or assignment of Leases must receive prior written approval by the
Board.
2. The Owner of a Dwelling Unit must provide to the lessee a complete and current
copy of this Declaration, the Bylaws and Rules of the Association prior to the execution of a
Lease.
3. Each Owner Leasing a Dwelling Unit agrees with, and every Lease shall contain
(and if omitted shall be deemed to contain),the following provisions:
(a) Contingency for Board Verification. The lessee acknowledges that
notwithstanding the effective date or Lease term set for in this Lease, this Lease shall not be an
effective agreement and or Lease unless and until submitted to the Board of the Association for
verification of the Owner's eligibility to Lease the Dwelling Unit and that the Lease is in
acceptable form.
(b) Compliance with Governing Documents. The lessee acknowledges receipt of a
copy of the Declaration of Covenants, Restrictions, Conditions and Restrictions for Kathryn's
Retreat Subdivision, the Bylaws of the Association and the rules of the Association (the
"Governing Documents"). Lessee agrees to comply and ensure compliance by all occupants of
the Dwelling Unit, with the Governing Documents. Any violation of the terms and provisions of
the Governing Documents shall constitute a breach of the Lease allowing the Owner to terminate
the Lease without liability and if necessary seek eviction of the lessee and all occupants pursuant
to the laws of the State of North Carolina. The Owner hereby delegates and assigns to the
Association acting through its Board of Directors, the power and authority to enforce this
provision against the lessee, including the power to evict the lessee as attorney in fact or agent on
behalf of the Owner.
(c) If an assessment or other amount due to the Association is more than thirty (30)
days delinquent for the Lot being Leased, then at the Association's option, the Association may
collect rents due under the Lease during the period of such delinquency. Upon written request to
the lessee and Owner, the lessee shall pay to the Association all rents until such time the
delinquency is satisfied. Notwithstanding anything contained in the Lease to the contrary,
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Section 5.3 Obstruction of Easements and Stormwater Measures. No obstructions
shall be placed in any easement, Subdivision Road, Common Area, Existing Ponds or
stonnwater measures/devices as shown on the map or plat of the Subdivision recorded in the
Harnett County Registry.
Section 5.4 Parkinti. Except for vehicles being used by persons providing services to
the Declarant or Builder, the Association, the Lot Owners or otherwise to be used or authorized
to be used at the Subdivision by the Declarant, no part of the Subdivision may be used for the
parking of any trailer coach,house trailer, mobile home, automobile trailer, recreational vehicle,
camper, utility trailers, four wheelers, "side by side" recreational vehicles, trucks which exceed
three-fourths (3/4) ton (collectively, the "Special Vehicles"), unless such Special Vehicles are
parked in the garage of the Lot Owner who owns such Special Vehicle and the garage door of
such Lot Owner is completely closed at all times when a Special Vehicle is parked therein.
Operative vehicles, other than Special Vehicles, used by a resident of a Lot as a primary source
of transportation may be parked in the driveway of such Lot Owner or in any garage space
owned by the Owner of such Lot. However, the residents of any one (1) Lot may not
collectively park more than four (4) operative vehicles in the Subdivision. Inoperative vehicles
may not be parked within the Subdivision unless said inoperative vehicles are parked in the
garage and the garage door is completely closed. No auto maintenance and/or repairs may be
performed in the Subdivision except if performed inside the garage of a Lot Owner. Vehicles,
whether owned by a Lot Owner or not, parked in violation of any part of this Declaration or in
violation of any Rules or Regulations, shall be towed and stored at the Owner's risk and expense.
By parking in the Subdivision, the Owner of the vehicle or other vehicle user hereby waives any
claim against the Association resulting directly or indirectly out of the towing of any vehicle,
unless the towing can be shown beyond a reasonable doubt to have been done maliciously by the
Association. Note that the Association is not obliged to try to determine the owner of a vehicle
and first give notice before towing the vehicle. If a Lot Owner is not sure about the right to park
at any particular area or space, the Lot Owner should request, in writing, a written opinion from
the Board. If the Board gives the approval sought by the Lot Owner or if the Board does not
answer the written request by the Board, the Lot Owner may park in the space until further
written notice to the contrary from the Board. Note that the Association's right to tow a vehicle
includes the right to immobilize it. Boats and boat trailers may be kept on a lot,but must be kept
in the backyard and with a fenced in area such that the boat or boat trailer cannot be seen from
the public right of way or other Lots.
Section 5.5 Exterior Surfaces of Buildings, Flags and Political Signs.
Except as otherwise permitted herein, Lot Owners shall not cause or permit anything to
be hung or displayed on the inside or outside of windows or hung on the outside of the Dwelling
Unit doors (except the temporary display of seasonal or holiday wreaths and decorations) or
placed on the exterior walls of a building, and no sign, awning, canopy, flag shutter, radio or
television antenna shall be affixed to or placed upon the exterior walls or roof or any part of the
building or the Common Areas without the prior written consent of the Association. Unless
otherwise approved in writing by the Association, Lot Owners shall not cause or permit any
curtains, shades or other window coverings to be hung inside or outside any windows, doorways,
and/or patio doors which will show any color on the outside other than white or beige tones. The
flag of the United States of America, seasonal garden flags, United States' Military Flags, and
State Flags that are no greater in size than four (4') feet by six (6') feet may be displayed. The
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sanitary containers. No open fires shall be permitted on any part of the Subdivision other than
fires in charcoal grills or other similar cooking devices or decorative fire pits located upon the
Lots.
Section 5.10 Prohibited Activities. Except as otherwise provided in this Declaration, no
business, trade, industry, occupation or profession of any kind, whether for profit or not for
profit, shall be conducted,maintained or pennitted on any part of the Subdivision. A Lot Owner
is permitted to place and maintain one (1) standard "For Sale" sign in the yard or in the window
of his Dwelling Unit; provided, however, it is of a typical size within the industry or within an
area expressly permitted by the Board of Directors. No other sign that is visible from the outside
of Dwelling Units may be placed on any part of the Subdivision except as expressly permitted by
this Declaration of the Board of Directors. Declarant and/or the Board shall have the right to
immediately remove and dispose of those items in violation of this Declaration. A Lot Owner
must obtain the prior written consent of the Board of Directors in the event a Lot Owner desires
to maintain a "For Sale" sign which is not of a typical size within the industry, or desires to
maintain other displays or advertising, unless otherwise provided for under the Rules and
Regulations. The right is reserved by the Declarant to use any such unsold or unoccupied
Dwelling Units or other structures in the Subdivision as models and/or offices in connection with
the construction, sale or rental of Dwelling Units.
Section 5.11 Trash Disposal. Each Lot Owner shall deposit all trash, garbage or other
rubbish as directed and instructed by the Board. All Builders must have a suitable trash container
on the Lot during construction. Lot Owners shall keep trash containers at all times in each Lot
Owner's garage (if applicable), or in such other location as designated by the Board, except on
the days on which trash, garbage or other rubbish is collected by the local waste removal
authorities. Any trash containers placed outside by the Lot Owners in the location designated for
collection by the local waste removal authorities shall only remain in such location for a period
not to exceed twenty-four (24) hours. The Board shall have the right to dispose of any trash,
garbage or other rubbish of a Lot Owner in violation of this Article, and may assess the Lot
Owner for the cost of such removal, which amount shall be payable on the date the next
installment of the regular assessment is due.
Section 5.12 Nondiscrimination. No owner(including the Declarant),or any employee,
agent or representative thereof, shall discriminate upon the basis of sex,race, age, color, creed or
national origin in the sale,lease or rental of any Lot or in the use of the Common Areas.
Section 5.13 Setbacks. All setbacks shall meet the setback requirements as set out by
Harnett County. All setbacks, soil and erosion control measures and devices, tree protection
zones, buffers, sight triangles and other matters identified on the recorded map of the
Subdivision shall be complied with by each Lot Owner. Setbacks shall be measured from the Lot
boundaries. Unless prohibited by applicable federal, state and/or local laws, regulations or
ordinances, the Declarant or Architectural Committee may waive the setback requirements up to
forty (40) percent of the minimums set forth herein. Violations of setback requirements of less
than five (5) percent shall not be considered a violation of these covenants provided they do not
violate applicable government ordinances.
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for residential streets with similar traffic patterns and vehicle counts as the Subdivision Roads.
Provided, however, nothing in this Declaration shall be construed as requiring Declarant to bear
the cost of anything other than maintenance, and maintenance shall not include improvements to
the roads beyond their condition as constructed, and shall not mean or refer to widening,
landscaping or any other upgrading, unless such improvements are necessary for NCDOT to take
over said road.
Section 5.18 Declarant shall not be responsible for repairing damages caused by, or
maintenance necessitated by, either permanent or temporary improvements made or installed
within the Subdivision Roads right-of-way, by or at the direction of the Property owners who
own property adjoining the Subdivision Roads. "hnprovements" shall include without limitation
all driveway pipes, mailboxes, ditches, trees, vegetation (excluding grass), signs, grading and
other improvements installed or constructed in or affecting the Subdivision Roads right-of-way.
The Property owners who caused any such damage shall be responsible for its repair.
Section 5.18.1 Declarant shall not be responsible for repairing damages caused by, or
maintenance necessitated by, the parking or use of vehicles or other Personal Property within the
Subdivision Roads right-of-way, by or at the direction of the Property owners who own property
adjoining Subdivision Roads or their invitees. "Vehicles" and "Personal Property" shall mean all
vehicles, including without limitation: cars, trucks, boats, recreational vehicles, golf carts, all-
terrain vehicles and trailers. The Property owners who caused any such damage shall be
responsible for its repair.
Section 5.19 In the event improvements installed or constructed by the Lot Owner or its
predecessor-in-interest cause NCDOT to refuse to accept the Subdivision's Roads or any part
hereof, the Lot Owner of the Lot for which such improvement is appurtenant thereto shall be
responsible for repairing or modifying such improvements such that NCDOT will accept said
Road.
ARTICLE 6
ROADS,EASEMENTS AND COMMON AREAS
Section 6.1 Roadway Easement. Declarant grants to all Lot Owners the non-exclusive
right of ingress and egress on, over and across the Subdivision Roads. The Subdivision Roads
shall be maintained, insured and repaired by the Association in accordance with this Declaration.
Section 6.2 Stormwater Measures. All stormwater controls, soil and erosion control
and/or measures and devices shown on those plats of the Subdivision shall be maintained and
repaired by the Association in accordance with this Declaration and all applicable federal, state
and/or local laws, rules, ordinances and regulations.
Section 6.3 General Easements. An easement is hereby reserved and/or granted in
favor of the Declarant and/or the Association in, on, over and through the Common Areas, the
Lots and/or Dwelling Units for the purposes of maintaining, cleaning, repairing, improving,
regulating, operating, policing, replacing and otherwise dealing with the Common Areas, Lots
and/or Dwelling Units, utilities and stormwater and erosion control, including all improvements
thereon as required or permitted by the Subdivision's plans or applicable law. An easement is
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repairs thereon which is the responsibility of a Lot Owner who has failed to remove said
violation or to perform such maintenance or make such repairs (i) after having given such owner
at least ten(10)days prior notice, or(ii)without giving notice in the event of an emergency.
Section 7.1.3 Any action brought by the Association hereunder may be brought in its
own name, in the name of its Board or in the name of its managing agent. In any case of flagrant
or repeated violation by a Lot Owner, he or she may be required by the Association to give
sufficient surety or sureties for Owner's future compliance with the covenants, conditions and
restrictions contained in this Declaration, the Bylaws and the Rules and Regulations.
Section 7.2 Severability. Invalidation of any one of these covenants, conditions or
restrictions by judgment or court order shall in no way affect any other provisions which shall
rernain in full force and effect.
Section 7.3 Restrictions Run With Land. The easements or other permanent rights or
interests herein created and the covenants and restrictions of this Declaration shall run with and
bind the Property, and shall inure to the benefit of and be enforceable by the Association,
Declarant or the Owner of any Dwelling Unit subject to this Declaration, their respective legal
representatives,heirs, successors, and/or assigns.
Section 7.4 Amendment. The Declarant may amend this Declaration at any time and
for any reason during the Period of Declarant Control. After the Period of Declarant Control, the
Association may amend this Declaration at any time, as long as said amendments are consistent
with the design, scheme and purposes of this Declaration, by the affirmative vote or written
agreement of the majority of the Lot Owners. Any amendment to this Declaration must be
recorded with the Harnett County Register of Deeds. Following the end of the Development
Period, no such agreement to amend, in whole or in part, shall be effective unless written notice
of the proposed amendment is sent to every Member at least thirty (30) days in advance of any
action taken, and no such amendment shall be effective with respect to any permanent easements
or other permanent rights or interests relating to the Common Areas herein created (unless such
amendment is consented to in writing by Declarant and all other beneficiaries of such permanent
easements, rights of interests, etc.).
Section 7.5 Reservation of Special Declarant Rights. Declarant reserves the right to
maintain sales and management offices, model units, construction trailers, storage or staging
areas, and advertising signs upon Lots or the Common Areas and upon Lots owned by Declarant
until the expiration of the Development Period, and to exercise all other Special Declarant Rights
as defined herein or as allowed under the laws of the State of North Carolina. Without limiting
the foregoing, and notwithstanding anything herein to the contrary, during the Development
Period, Declarant shall have the right to annex additional Lots or Common Areas into the
Subdivision by filing a supplement to this Declaration with the Harnett County Register of
Deeds,together with an amendment to the Plat(if applicable). Such additional Lots or Common
Areas need not be contiguous to the Property. Declarant shall have the right to assign all or a
portion of any rights or easements reserved herein by a written assignment thereof and recorded
with the Harnett County Register of Deeds.
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B3796 - P 226
IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day
and year first above written.
LITTLE CROSS,LLC
By: ,
R.HuIger
Surles, anager of Little River Partners,LLC,
as Ma of Little Cross,LLC
Seal-Stamp NORTH CAROLINA
WAKE COUNTY
1, a Notary Public of the State aforesaid, certify that R. Hugh Surles
,.��e� personally came before me this day and acknowledged that he is a Manager of
p Little River Partners LLC a North Carolina limited liability company and that
�0TA/�y' Little River Partners, LLC is a Manager of Little Cross, LLC, and that by
•,,�, = authority duly given and as the act of Little Cross,LLC,the foregoing instrument
= was signed in its name by its ManUqr. Witness y hand and official stamp or
BL��' V' seal this 23rd day of March?9
�r+° Rtofig %t��
Notary Public
Jo .Adcock,Notary Public
commission expires:January 24,2021
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