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State of North Carolina:
Department of Environmental Quality
Division of Water Resources.
IV SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE'
Division of Water Resources r��pFS�L�WRf NP1)ES INSTRUCTIONS FOR FORM: PNOCF 01-16
.
This form is for ownership changes or name changes of a sewer system permit. Please note that "Permittee" references the
existing permit holder, and that "Applicant" references the entity applying for the ownership/name change.
Sewer permits start with a WQ or WQCS and contain the terms sewer extension or collection system in tl a okOhe
form should not be used for permits with NC, NCG, SW or other types of non -sewer permits beginning wit Q.
For more information, visit the Division's Water Quality Permitting's website:
A. Sewer System Permit Ownership/Name Change (FORM: PNOCF 01-16) Application (All Applicai %0 rL e s
® Submit an original completed and appropriately executed application (PNOCF 01-16). r_
® The Existing Permittee's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T
.0106 c an alternate person may be designated as the signing official if a delegation letter is provided from a person who
meets the criteria in 15A NCAC 02T .0106(bl.
® The Applicant's Certification shall be signed in accordance with 15A NCAC 02T .0106(b). Per 15A NCAC 02T .0106(c), an
alternate person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria.
in 15A NCAC 02T .0I06(b1.
B. Existing Permit (All Applications):
® Submit a copy of the most recently issued permit and certification.
C. Property Ownership Documentation (All Applications):
➢ The Applicant shall demonstrate they are the owner of all property containing the sewer system facilities:
® Legal documentation of ownership (i.e., 'S, deed, article of incorporation, or contract), or
❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or
❑ Approved board minutes
D. Certificate of Public Convenience and Necessity (All Applications where the Applicant is a Privately -Owned Public Utility):
❑ Per 15A NCAC 02T .01. ___ . provide one copy of the Certificate of Public Convenience and Necessity from the North
Carolina Utilities Commission demonstrating the Applicant is authorized to hold the utility franchise for the area to be served,
by the non -discharge system.
E. Operational Agreements (Applications where the Applicant is a Home/Property Owners' Association or Developer of lots to be
sold):
➢ Home/Pro erty Owners' Associations
❑ Per 15A NCAC 02T .0115(c), submit an original properly executed Operational Agreement ( FORM: HOA1.
❑ Per 15A NCAC 02T .0115(c?, submit an original proposed or approved Articles of Incorporation, Declarations and By-
laws that contain the language required by the Operational Agreement.
➢ Developers of lots to be sold
0 Per 15A NCAC 02T .0115[) t, submit an original of the properly executed Operational Agreement (FORM: DEV1.
F. Package Submitted in Duplicate
® Submit a copy of all required documents in Instructions A-E as required
THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION SHALL BE SUBMITTED IN DUPLICATE
TO:
NCDEQ - DWR
Water Quality Permitting Section
PERCS Unit
Bv U.S. Postal Service: By Courier/Special Delivery:
1617 MAIL SERVICE CENTER 512 N. SAMSBURY ST.
RALEIGH, NORTH CAROLINA 27699-1636 SUITE 925
RALEIGH, NORTH CAROLINA 27604
TELEPHONE NUMBER: [phone]
INSTRUCTIONS FOR APPLICATION PNOCF 01-16 Page 1 of 1

State of North Carolina
Department of Environmental Quality
Division of Water Resources
DWR SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE
DMsion of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16
L EXISTING PERMITTEE INFORMATION:
1. Permittee's name: 216 Freeland Ln LLC
2. Signature authority's name: Eric, Lemieux per 15A NCAC 02T .0106(b}
3. Signature authority's title: Manager
4. Permittee's mailing address: 329 East Blvd
City: Charlotte State: NC Zip: 28203-
5. Permittee's contact information: Phone number: (7944) 962-2534 Fax Number
Email Address: [e-mail]
II. APPLICANT INFORMATION:
1. Applicant's name: Freeland Townhome Owners' Association. Inc
RECEIVED
2. Signature authority's name: Daniel Parrott per n ,,uAC 02T .0106f b) JAN 2 3 2024
3. Signature authority's title: Director NCDEQ/DWR/NPDES
4. Applicant's mailing address: 1900 Moorehead Suite 102
City: Charlotte State: NC Zip: 28208-
5. Applicant's contact information: Phone number: 704) 240-7481 Fax Number (_)
Email Address: [e-mail]
6. Representative's name: Daniel Parrott
7. Representative's title: Director
8. Representative's contact information Phone number: 704) 240-7481 Fax Number (_) _-
Email Address: danielparrotto)copperbuilders.com
III. PERMIT INFORMATION:
1. Existing permit number: W00044282 and most recent issuance date: October 11, 2023
2. Reason for the permit application: Change of Ownership If other, attach detailed explanation
3. Has the facility been constructed? ® Yes or ❑ No
4. Has the facility been certified per 15A NCAC 02T .0116? ® Yes or ❑ No
FORM: PNOCF 01-16 Page 1 of 2

IV. CERTIFICATIONS:
Existing Permittee's Certification per 15A NCAC 02T .0106(b
I, Eric Lemieux, Manager attest that this application
(Signature Authority's name & title from Application Item I.2 & 3)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit
into the Applicant's name, I will continue to be responsible for compliance with the current permit and any discharge of wastewater
from this system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief,
and/or criminal prosecution. I will also make no claim against the Division of Water Resources should a condition of the existing permit
be violated. I also understand that if all required parts of this application are note completed and that if all required supporting
information and attachments are not included, this application will be returned to me as incomplete.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement,
representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature: _ r7�� _ Date:
Applicant's Certification per 15A NCAC 02T .0106(b):
I, Daniel Parrott, Director _ _ _ attest that this application
(Signature Authority's name & title from Application Item U.2&3.)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after issuance of the permit into
the Applicant's name, I will be responsible for compliance with the issued permit and any discharge of wastewater from this non -
discharge system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief,
and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated.
I also understand that if all required parts of this application package are not completed and that if all required supporting information
and attachments are not included, this application package will be returned to me as incomplete.
NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement,
representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed $10,000 as well as civil penalties up to er violation.
Signature: Date: _ Z o -2 1-(
FORM: PNOCF 01-16 Page 2 of 2

STATE OF NORTH CAROLINA
COUNTY OF Mecklenburg
Permit No. WQ0044282
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d1) and entered into this lsth day of
January , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Copper Builders LLC
, a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
The DEVELOPER is the owner of the certain lands lying in Mecklenburg County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
Freeland Townhomes (hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, Freeland Townhome Owners' Association, Inc (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State
of North Carolina, for the purpose, among others, of handling the property, affairs and business of the
Development; of operating, maintaining, re -constructing and repairing the common elements of the lands
and improvements subject to unit ownership, including the Disposal System; and of collecting dues and
assessments to provide funds for such operation, maintenance, re -construction andrepair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed,
maintained and operated in accordance with law and permit provisions in order to protect the quality of the
waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws andDeclaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for
the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's
successor.
FORM: DEV 03-19 Page 1 of 2

4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part
of the yearlybudget.
6. In the event the common expense allocation and separate fund are not adequate for the construction, repair,
and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special
assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and
the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any
time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit mayrequire as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the continued
proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the
Association Bylaws that the Association shall not enter into voluntary dissolution without first having
transferred its said system and facilities to some person, corporation or other entity acceptable to and
approved by the COMMISSION by the issuance of apermit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL
MANAGEMENT COMMISSION
S. Daniel Smith
Director, Division of Water Resources
Builders LLC
Name of DEVELOPER
(Signature)
Daniel Parrott, President
Print Name and Title
1/18/2024
(Date) (Date)
FORM: DEV 03-19 Page 2 of 2

ROYCOOQER
Governor
S. BISER
rE��LIZ�ABETH
ary
RICHARD E. R.OGERS, JR.-
`
Director
NORTH CAROLINA
Em4ronmenra/ Quality
October 11, 2023
Eric Lemieux, Project Manager
216 Freeland Ln, LLC
1320 Fillmore Avenue, Apt 129
Charlotte, North Carolina 28203
Subject: Permit No. WQ0044282 Modification
216 Freeland Ln, LLC
Freeland Lane Townhomes
Wastewater Collection System Extension Permit
Mecklenburg County
Dear Mr. Lemieux:
In accordance with your application received September 19, 2023, we are forwarding herewith Permit No.
WQ0044282 Modification dated October 11, 2023, to the 216 Freeland Ln, LLC (Permittee) for the
construction and of the subject wastewater collection system extension. This
permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions
and limitations as specified therein. This cover letter shall be considered a part of this permit and is
therefore incorporated therein by reference.
This modification is to update the business entity name and update the linear footage of 6-inch gravity
sewer from 300 linear feet to 154 linear feet as required when there are pipe length changes of 10% or
greater.
Please pay particular attention to the following conditions contained within this permit:
Condition 11.1: This permit shall not be automatically transferable; a request must be made and
approved.
Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T .0403 or any individual system -wide collection system
permit issued to the Permittee.
Condition 11.7: Upon completion of construction and :prior to operation of these permitted facilities, the
completed Engineering Certification form with checklist attached to this permit shall be
submitted with the required supporting documents to the address provided on the form.
menh Carelma Dgmrta=U of Emrfrorava I CbmkY Wi iaiun of SNatrr Rr rces
_ Mooresville RegWal of & ! 6fo fist Center Avenue, Swce 301 Mooresvk2e, North Carolina 2816
704.663,ib"

216 Freeland Ln, LLC
Permit No. WQ0044282 Modification
Permit modifications are required for any changes resulting in non-compliance with
this permit, regulations, or the Minimum Design Criteria. [15A NCAC 02T.01161
It shall be responsibility of the Permittee to ensure that the as -constructed project meets the appropriate
design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina
General Statute §143-215.6A through §143-215.6C, construction of additional or replacement
wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to
the licensing board.
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 30 days following receipt of this permit. This
request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. Unless such demands are made, this permit shall be final and binding.
If you need additional information concerning this matter, please contact Brandy Costner at (704) 235-
2185 or via e-mail at brandy.costner nE dec.nc.gov
Sincerely,
Docu818nad by:
E
-tuw H p4*."
F161F868A2084A3...
for Richard E. Rogers, Jr.
Director, Division of Water Resources
By Andrew H. Pitner P.G., Regional Supervisor
Water quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Cassidy Franklin — Land Design, Inc (electronic copy)
Mooresville Regional Office Files (Laserfiche)
Water Resources Central Files (Laserfiche)
Municipal Permitting Unit (electronic copy)
Page 2 of 8

WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
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 the
216 Freeland Ln, LLC
Mecklenburg County
for the construction and operation of approximately 154 linear feet of 6-inch gravity sewer to serve 15
townhomes as part of the Freeland Park Townhomes project, and the discharge of 2,850 gallons per day
of collected domestic wastewater into the Charlotte Water's existing sewerage system, pursuant to the
application received September 19, 2023 and in conformity with 15A NCAC 2T; the Division's Gravity
Sewer Minimum Design Criteria adopted February 12,1996 as applicable; the Division's Minimum Design
Criteria for the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as
applicable; and other supporting data subsequently filed and approved by the Department of
Environmental Quality and considered a part of this permit.
This modification is to update the business entity name and update the linear footage of 6-inch gravity
sewer from 300 linear feet to 154 linear feet as required when there are pipe length changes of 10% or
greater.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the specified
conditions and limitations contained therein.
OocuBpned by:
ptuft
F781FB88A2084A3...
for Richard E. Rogers, Jr.
Director, Division of Water Resources
By Andrew H. Pitner P.G., Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Permit Number: WQ0044282 Modification
Permit Issued: October 11, 2023
Page 3 of 8

SUPPLEMENT TO PERMIT COVER SHEET
216 Freeland Ln, LLC is hereby authorized to:
Construct, and then operate upon certification the aforementioned wastewater collection extension. The
sewage and wastewater collected by this system shall be treated in the Charlotte Water's Irwin Creek
Wastewater Treatment Facility in accordance with Permit Number NC0024945.
Permitting of this project does not constitute an acceptance of any part of the project that does not meet
15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and
Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division approval
is based on acceptance of the certification provided by a North Carolina -licensed Professional Engineer in
the application. It shall be the Permittee's responsibility to ensure that the as -constructed project meets
the appropriate design criteria and rules.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
SPECIAL CONDITIONS
1. This permit shall become voidable unless the agreement between 216 Freeland Ln, LLC and Charlotte
Water for the collection and final treatment of wastewater is in full force and effect. [15A NCAC
02T.0304(h)]
2. No flow in excess of the quantity permitted herein, 2,850 GPD, shall be made tributary to the subject
sewer system until an application for permit modification for an increase in flow has been submitted
to and approved by the Division. [15A NCAC 02T.0304(b)]
3. The Operational Agreement between the Permittee and the Environmental Management Commission
is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the
terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North
Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance
with the terms and conditions of this permit. [15A NCAC 02T.0115]
II. STANDARD CONDITIONS
1. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be considered
on its merits and may or may not be approved. [15A NCAC 02T.0104; G.S 143-215.1(d3)]
2. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for
the Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable; and
other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110]
Page 4 of 8

3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15A NCAC 02T .0110]
4. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met: [15A NCAC 02T .0108(b)]:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters, and to prevent any contravention of groundwater standards or surface
water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365
days per year). Pump stations that are connected to a telemetry system shall be inspected at
least once per week.
e. High -priority sewer lines shall be inspected at least once per every six -months and inspections are
documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance
with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina
General Statute §143-215.1C.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least
biannual distribution of educational materials for both commercial and residential users and
the legal means to require grease interceptors at existing establishments. The plan shall also
include legal means for inspections of the grease interceptors, enforcement for violators and
the legal means to control grease entering the system from other public and private satellite
sewer systems.
2. For privately owned collection systems, the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2)
of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
J. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of three
years with exception of the map, which shall be maintained for the life of the system.
S. The Permittee shall report by telephone to a water resources staff member at the Mooresville
Regional Office, telephone number [phone] as soon as possible, but in no case more than 24
hours, following the occurrence or first knowledge of the occurrence of either of the following:
Page 5 of 8

a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any SSO and/or spill over 1,000 gallons; or
c. Any SSO and/or spill, regardless of volume, that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the initial
verbal report. Overflows and spills occurring outside normal business hours may also be reported to
the Division of Emergency Management at telephone number [phone] or [phone].
Persons reporting any of the above occurrences shall file a spill report by completing and submitting
Part I of Form CS-SSO (or the most current Division approved form) within five days following first
knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to
ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved
form) can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)]
6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State. (15A NCAC 02T.0108(b)]
7. Upon completion of construction and prior to operation of these permitted facilities, the completed
Engineering Certification form with checklist attached to this permit shall be submitted with the
required supporting documents to the address provided on the form. A complete certification is one
where the form is fully executed and the supporting documents are provided as applicable. Any
wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Engineer's Certification shall be considered a violation of the permit and shall subject the
Permittee to appropriate enforcement actions.
If the permit is issued to a private entity with an Operational Agreement, then a copy of the Articles
of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been appropriately
filed with the applicable County's Register of Deeds office shall be submitted with the certification.
A complete certification is one where the form is fully executed and the supporting documents are
provided as applicable. Supporting documentation shall include the following:
a. One copy of the project construction record drawings (plan & profile views of sewer lines & force
mains) of the wastewater collection system extension. Final record drawings should be clear on
the plans or on digital media (CD or DVD disk) and are defined as the design drawings that are
marked up or annotated with after construction information and show required buffers,
separation distances, material changes, etc.
b. One copy of the supporting applicable design calculations including pipe and pump sizing, velocity,
pump cycle times, and level control settings, pump station buoyancy, wet well storage, surge
protection, detention time in the wet well, and force main, ability to flush low points in force
mains with a pump cycle, and downstream sewer capacity analysis. If a portable power source or
pump is dedicated to multiple stations, an evaluation of all the pump stations' storage capacities
and the rotation schedule of the portable power source or pump, include travel timeframes, shall
be provided.
Page 6 of 8

c. Changes to the project that do not result in non-compliance with this permit, regulations, or the
Minimum Design Criteria should be clearly identified on the record drawings, on the certification
in the space provided, or in written summary form.
Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting
in non-compliance with this permit (including pipe length of 10% or greater, increased flow,
pump station design capacity design increases of 5% or greater, and increases in the number/type
of connections), regulations, or the Minimum Design Criteria. Requested modifications or variances
to the Minimum Design Criteria will be reviewed on a case -by -case basis and each on its own merit.
Please note that variances to the Minimum Design Criteria should be requested and approved during
the permitting process prior to construction. After -construction requests are discouraged by the
Division and may not be approved, thus requiring replacement or repair prior to certification &
activation. [15A NCAC 02T .0116]
8. Gravity sewers installed greaterthan ten percent below the minimum required slope perthe Division's
Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified until
corrected. If there is an unforeseen obstacle in the field where all viable solutions have been
examined, a slope variance can be requested from the Division with firm supporting documentation.
This shall be done through a permit modification with fee. Such variance requests will be evaluated
on a case -by -case basis. Resolution of such request shall be evident priorto completing and submitting
the construction certification. [ 15A NCAC 02T.0105(n)]
9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life of
the wastewater collection facilities. [15A NCAC 02T .0116]
10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T, the Division's
Gravity Sewer Design Criteria adopted February 12,1996 as applicable; the Division's Minimum Design
Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted June 1, 2000 as
applicable; and other supporting materials may subject the Permittee to an enforcement action by
the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C,
construction of additional or replacement wastewater collection facilities, and/or referral of the North
Carolina -licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T
.0108(b-c)]
11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including those
as may be required by this Division, such as the construction of additional or replacement facilities.
[15A NCAC 02T .0110;15A NCAC 02T .0108(b)]
12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local
government agencies which have jurisdiction or obtaining other permits which may be required by
the Division or any other Federal, State, of Local government agencies. [G.S.143-215.1(b)]
Page 7 of 8

CERTIFICATION CHECKLIST
To be completed by the certlfving engineer prior to operation of the permitted sewers, per 15A NCAC 02T.0116.
Certifying Engineer: Cassidy Franklin, PE
Certification Review Date: 11/15/2023
Project Name: Freeland Lane Townhomes
WQ00 44282 Modification Project County: Mecklenburg
1) Has permittee information changed since the permit was issued (or last modified): change of mailing address,
change of ownership, transfer from developer to HOA/POA, etc. ❑ Yes 0 No
• If yes, please provide either a change of ownership form or new contact information. Note that transfer of
permits from the developer to the HOA/POA must occur with the first certification.
2) Have the as -built drawings have been signed, sealed, and dated by an N.C. PE? ❑X Yes ❑ No
3) Final Engineering certification? ❑x Yes ❑ No
• If Partial Engineering certification, provide detailed narrative including what is being certified in the current
phase, what was previously certified (if applicable), and what is left to be certified.
4) Adequate information related to sewer lines: ❑X Yes ❑ No ❑ N/A
• Three feet minimum cover has been provided for all sewers unless ferrous pipe was installed.
• Minimum diameters for gravity sewers are 8-inches for public lines and 6-inches for private lines.
• Manholes have been installed: At the end of each line, at all changes in grade, size, or alignment, at all
intersections, and at distances not greater than 425 feet; minimum diameter shall be 4 feet (48-inches).
5) Adequate information related to pump stations: ❑ Yes ❑ No Q N/A
• Ensure power reliability option was selected per 15A N ' 02T.0305(h).
6) Was project construction completed in accordance with all of the following: ❑X Yes ❑ No ❑ N/A
• 15A NCAC 02T. Minimum Design Criteria IMDC1 for the . rnitting of Gravity Sewers [latest version), and MDC
for the Permitting of Pump Stations and Force Mains (latest version)?
If not, a variance approval is required in accordance with 15A NCAC 02T.0105(b), prior to certification and operation.
• Contact the Central Office to discuss the variance to determine a course of action.
• Applicant must submit two copies of the variance request form, plans, specifications, calculations, and any other
pertinent information to the Central Office (one hard copy, one digital copy).
• The central office will review the variance request, and if approvable, specific language regarding the variance
will be incorporated into the permit, either via a special condition or a supplementary letter. A copy of the
reissued permit with variance language or the variance letter must be maintained with the original documents.
7) Does the project contains high priority lines (15A NCAC 02T .0402(k);? ❑ Yes ❑ No
• If yes, ensure that the permit already contains the necessary condition related to high priority lines 15A NCAC
02T.0403 (a)(5). If the permit does not include this language, the Fast Track reviewer will reissue the permit with
the appropriate language.
8) Are Permit modifications are required for any changes resulting in non-compliance with this permit (including pipe
length difference of 10% or greater, change in flow, pump station design capacity design change of 5% or greater, and
change in the number/type of connections)? ❑ Yes X❑ No
• If yes, a permit modification request must be submitted to the appropriate Regional Office, and a modified
permit with revised certification must be issued prior to certification and operation.
NC DWR— Water Quality Regional Operations Section 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Mooresville Regional Offlce Phone: [phone] FAX: [phone]

FAST TRACK SEWER ENGINEERING CERTIFICATE)N
PERMITTEE:
216 Freeland Ln, LLC
PERMIT #:
WQ0044282 Modification
PROJECT:
Freeland Park Townhomes
ISSUE DATE:
October 11, 2023
This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of
this permit until the Division has received this Certification and all required supporting documentation. It
should be submitted in a mannerthat documents the Division's receipt. Send the required documentation
the Regional Supervisor, Water Quality Regional Operations Section at the address at the bottom.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up
until a final certification is received., A Final Certification shall be a complete set of record drawings and
design calculations regardless of whether partials have been submitted.
PERMITTEE's CERTIFICATION
1, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant
to the applicable standards & requirements, the Professional Engineer below has provided applicable
design/construction information to the Permittee, and the Permittee is prepared to operate & maintain
the wastewater collection system permitted herein or portions thereof.
Eric Lemieux, Manager .-
Printed Name, Title Signature
ENGINEER'S CERTIFICATION
11 /15/2023
Date
1, Cassidy Franklin, PE , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe ( ] periodically, ❑ weekly, H full time) the construction of the
project name and location as referenced above for the above Permittee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of for the construction and operation of
approximately 154 linear feet of 6-inch gravity sewer; such that the construction was observed to be built
within substantial compliance of this permit, 15A NCAC 02T, the Division of Water Resources' (Division)
Gravity Sewer Minimum Design Criteria adopted February 12,1996 as applicable; the Division's Minimum
Design Criteria for the Fast -Track Permitting; of Pump Stations and Force Mains adopted June 1, 2000 as
applicable; and other supporting materials.
North Carolina Professional Engineer's Seal w/signature & date:
❑x Final ❑ Partial (include description)
Certification Comments/Qualifiers (attach if necessary):
CARO� ,,
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NC DWR — Water Quality Regional Operations Section 610 East Center Avenue, Suite 301, Mooresville, NC 28115
Mooresville Regional Office Phone: [phone] FAX: [phone]

STATE OF NORTH CAROLINA
COUNTY OF Mecklenburg
Permit No. W00044282
DEVELOPER'S OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (d1) and entered into this 18th day of
by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
Copper Builders LLC
, a corporation/general partnership registered/licensed to do
business in the State of North Carolina, hereinafter known as the DEVELOPER.
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in Mecklenburg County, upon
which it is erecting and will erect dwelling units and other improvements, said development to be known
as Freeland Townhomes (hereinafter the Development).
2. The DEVELOPER desires, to construct a wastewater collection system with pumps, wastewater treatment
works, and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct, maintain, and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership (hereinafter Declaration), pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration, Freeland Townhome Owners' Association, Inc (hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the State
of North Carolina, for the purpose, among others, of handling the property, affairs and business of the
Development; of operating, maintaining, re -constructing and repairing the common elements of the lands
and improvements subject to unit ownership, including the Disposal System; and of collecting dues and
assessments to provide funds for such operation, maintenance, re -construction andrepair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed,
maintained and operated in accordance with law and permit provisions in order to protect the quality of the
waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties
hereto, the COMMISSION and DEVELOPER do hereby mutually agree as follows:
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions andlaw.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws andDeclaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinquish or release its responsibility for
the operation and maintenance of its Disposal System until a permit has been reissued to the DEVELOPER's
successor.
FORM: DEV 03-19 Page 1 of 2

4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes andinsurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance funds allocated for the facility and shall be part
of the yearlybudget.
6. In the event the common expense allocation and separate fund are not adequate for the construction, repair,
and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special
assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and
the Declaration and Bylaws shall provide that such special assessments can be made as necessary at any
time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit mayrequire as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the continued
proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall provide in the
Association Bylaws that the Association shall not enter into voluntary dissolution without first having
transferred its said system and facilities to some person, corporation or other entity acceptable to and
approved by the COMMISSION by the issuance of apermit.
9. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, 7, and 8 above shall be conditions of any
permit issued by the COMMISSION to the DEVELOPER for the construction, maintenance, repair and
operation of the Disposal System.
10. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL Copper Builders LLC
MANAGEMENT COMMISSION Name of DEVELOPER
T B __jz_.f�•tJ
S. Daniel Smith (Signature)
Director, Division of Water Resources
Daniel Parrott, President
Print Name and Title
1 /18/2024
(Date)
(Date)
FORM: DEV 03-19 Page 2 of 2

B38510 - P 914
For Registration
Fredrick Smith
Register of Deeds
Mecklenburg County, NC
Electronically Recorded
2023 Nov 30 04:28 PM RE Excise Tax: $ 5373.00
Book: 38510 Page: 914 - 915 Fee: $ 26.00
Instrument Number: 2023112693
NORTH CAROLINA SPECIAL WARRANTY DEED
Excise Tax: $5,373.00 _
Parcel ID: 149-012-73, 149-012-72, 149-012-71, 149-012-70, 149-012-69, 149-012-68, 149-012-67, 149-012-66,
149-012-65, 149-012-64, 149-012-63, 149-012-62. 149-012-61, 149-012.60, 149-012-59, and 149-012 58
Mail/Box to: Copper Builders, LLC, a North Carolina limited liability company, 1235-E East Blvd. #155, Charlotte, NC
28203
Prepared by: The Coley Law Firm. PLLC, 9735 Caldwell Commons Circle, Suite 102. Cornelius, NC 28031
Title Insurance with: Investors Title
Brief description LOTS 1-15, Private Open Space. Common Area, Landscape Buf'er & Public R/W, FREELAND TOWNES AT�
for the index: LOSO
THIS SPECIAL WARRANTY DEED ("Deed") is made on the 34th day of November , 2023 , by and between:
GRANTOR - -- ;� - GRANTEE _
216 Freeland Ln LLC, a North Carolina limited liability company Copper Builders, LLC, a North Carolina limited liability 4�
620 E. Tremont company
j Charlotte, NC 28203 1235-E East Blvd. #155
Y _ Charlotte, NC 28203
Granter and Grantee includes the above parties and their respective heirs, successors and assigns, whether singular, plural,
masculine, feminine or neuter, as required by context
FOR VALUABLE CONSIDERATION paid by Grantee, the receipt and legal sufficiency of which is acknowledged, Grantor by this
Deed does hereby grant, bargain, sell and convey to Grantee, in fee simple, all that certain lot, parcel of land or condominium unit in
the City of Charlotte, Mecklenburg County, North Carolina and more particularly described as follows (the "Property"):
BEING that entire 0.725 acre tract of land consisting of LOTS I-15, Private Open Space, Common Area, Landscape Buffer & Public
R/W, of FREELAND TOWNES AT LOSO, City of Charlotte, County of Mecklenburg, North Carolina, according to the recorded plat
thereof, as recorded in Map Book 73, Page 85, a revision of Map Book 74 Page 278 Mecklenburg County Records.
Commonly known as 206, 210, 214, 218, 222, 226, 230, 234, 238, 242, 246, & 250 Freeland Lane. 3849, 3845, 3841, 3837, 3833
Ellenwood Place, Charlotte, INC 28217
All or a portion of the Property was acquired by Grantor by instrument recorded in Book 37995 Pages 777, 790, & 783
NC Bar Association Real Property Section Form No. 3 0 Revised 02n-021
Printed by Agrermere with the NC Bar Association
submitted electronically by "The Coley Law Firs, PLLC"
In compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Mecklenburg county Register of Deeds.

B38510-P915
All or a portion of the Property ❑ includes or 0 does not include the primary residence of a Grantor.
A map showing the Property is recorded in Map Book 73 Page 85.
TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple. Grantor
covenants with Grantee that Grantor is seized of the Property in fee simple, Grantor has the right to convey the Property in fee simple,
Grantor has done nothing to impair such title as Grantor received, and Grantor shall warrant and defend the title against the lawful
claims of all persons claiming by, under or through Grantor, other than the following exceptions:
(1) ad valorem taxes for the current year;
(2) utility easements and unviolated covenants, conditions, and restrictions; and
(3) such other liens, encumbrances, or defects as may be specifically approved by Grantee in writing.
IN WITNESS WHEREOF, the Grantor has duly executed this North Carolina Special Warranty Deed, if an entity by its duly
authorized representative.
16 F. eela�id Ln LLt -
BY: Denciti Partners LLC a North Carolina limited liability
oonwamr. {ts Manaeer
BY:
Eric Lemieux. Monaaer
BY: ARB Investments LLC a North Carolina limited liability
coninanv-
By./::-
STATE OF NORTH CAROLINA, COUNTY OF MECKLENBURG
I, Anne D. Cole -, a Notary of the above state and county, certify that the following person(s)
personally appeared before me on the 30th day of November _ , 20 23 each acknowledging to
me that he/she/they signed the foregoing document, in the capacity represented and identified therein (if any):
Bric Lemieux Manatter of Denciti PMners LL as Mmu@r of 2l6 Freeland Ln LLC. and Androw Biumenthal. M_ 2 Baer off
Investments, LLC, as Manager of216 Freeland Ln LLC
Affix No%U Sod/Stamp
���ott i+rrii
•/.,,,o•a••••.
4� s rn .
..ems
T
e
NC Bar Association Real Psopedy Section Form Na 3 ® Revised 0=021
Printed by Agtaament with the NC Bar AS.4ocietton
0—
Notary —Pub lic (Official Signature)
My commission expires: Se temper ! 7 6

For Registration
Fredrick Smith
Register of Deeds
Mecklenburg County, NC
Electronically Recorded
2023 Dec 07 09:10 AM RE Excise Tax: $ 0.00
Book: 38520 Page: 942 - 985 Fee: $ 142.00
Instrument Number: 2023114469
.,,�IWks ".
Prepared By and Return To: Johnston, Allison & Hord, P.A. (JAP), PO Bog 36469, Charlotte, NC
28236
DECLARATION OF CREATION
OF
FREELAND TOWNHOMES,
A NORTH CAROLINA PLANNED COMMUNITY
NOTE FOR TITLE ABSTRACTOR: THIS DOCUMENT PROVIDES FOR THE PAYMENT OF
A CONTRIBUTION FEE UPON THE CONVEYANCE OR TRANSFER OF A LOT.
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF
POLITICAL SIGNS. THIS DOCUMENT REGULATES OR PROHIBITS
THE DISPLAY OF THE FLAG OF THE UNITED STATES OF
AMERICA OR STATE OF NORTH CAROLINA.
This Declaration of Creation of Freeland Townhomes (the "Declaration") is made December 6,
2023, by COPPER BUILDERS, LLC, a North Carolina limited liability company, (the "Declarant").
Declarant states and declares as follows:
A. Declarant is the owner of that tract of Iand located in Mecklenburg County, North
Carolina, and described in Exhibit A attached hereto and incorporated herein (the "Townhome
Property").
B. Declarant subdivided the Townhome Property into residential Townhome Lots and
Townhome Common Areas.
C. Declarant intends to construct single-family residential townhomes on the Townhome
Lots and establish the Townhome Property as a planned community to be known as Freeland
Townhomes (the "Townhome Community"), and impose on the Townhome Property additional
covenants, conditions and restrictions to protect and to promote the beneficial ownership, use and
enjoyment of all Townhome Lots located within the Townhome Community.
THEREFORE, pursuant to Chapter 47F of the North Carolina General Statutes (the "Planned
Community Act'), Declarant hereby executes this Declaration to create Freeland Townhomes, a North
Carolina planned community, and hereby publishes and declares that all of the Townhome Property shall
be held and owned subject to the following terms, provisions, covenants, conditions and restrictions,
which shall run with the Townhome Property and which shall be binding upon all owners of any portion
of the Townhome Property and their lessees, guests, mortgagees, heirs, executors, administrators,
successors and assigns.
Submitted electronically by "Johnston, Allison & Hord, P.A."
In compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Mecklenburg county Register of Deeds.

Article I Application of the North Carolina Planned Community Act.
The terms and provisions of Chapter 47F of the North Carolina General Statutes, as the same
shall be amended from time to time, shall apply to the Townhome Community.
Article IT Definitions.
The definitions set forth in N.C.G.S. § 47F-1-103 shall apply to this Declaration and are
incorporated herein, except that the terms listed below shall have the specific meanings stated:
"Articles of Incorporation" shall mean the Articles of Incorporations for Freeland Townhomes
Owners' Association, Inc., a North Carolina nonprofit corporation.
"Annexation Declaration" shall mean an instrument recorded at the Mecklenburg County
Registry that subjects additional land to this Declaration as set forth in Article WII of this Declaration.
"Board of Directors" or "Board" shall mean the executive board of the Townhome Association,
as defined by the Planned Community Act and as created by the Bylaws.
"Bylaws" shall mean the bylaws of the Townhome Association as they now or hereafter exist
and as they may be amended from time to time.
"Declarant" shall mean COPPER BUILDERS, LLC, a North Carolina limited liability
company, or any successor or assign designated as Declarant in a Recorded Document executed by the
immediately preceding Declarant.
"Declarant Control Period" shall mean the period of time during which Declarant holds a fee
interest or contractual right in any portion, however small, of the land described in Exhibit A and
Exhibit A-1 attached hereto and incorporated herein.
"Declaration" shall mean this Declaration of Creation of Freeland Townhomes, a North
Carolina planned community, and any amendments hereto or restatements hereof.
"Designated Maintenance Items" means and includes the landscaping and related irrigation and
lighting located in the eight (8) foot wide planting strips located adjacent to the Property in the public
right of way and shown on the Zoning Plan.
"Emergency Escape and Rescue Easement" means an easement for the ingress and egress of
police, sheriff, fire protection, ambulance and other similar emergency agencies or persons now or
hereafter servicing the Townhome Property as shown on the Plat and as more specifically set forth
herein.
"Emergency Escape and Rescue Easement Area" means the area shown as such on the Plat.
"Governing Documents" shall mean, collectively, this Declaration, any Annexation
Declaration, the Articles of Incorporation, the Bylaws, and the Rules and Regulations, as the same may
be amended from time to time.
"Member" shall mean and refer to every person or entity entitled to membership in the
Townhome Association as provided in Article III below.
"Mortgage" shall mean a deed of trust recorded at the Mecklenburg County Registry that is a
lien against any Lot. "Mortgagee" shall refer to a beneficiary or holder of a Mortgage. A "First
Mortgage" shall be a Mortgage having priority over all other Mortgages encumbering a Lot. "First
Mortgagee" shall refer to a beneficiary or holder of a First Mortgage.
2
33158.4017
4858-3068-8907, v. 3

"Owner" shall mean and refer to an owner of record of a fee simple interest in any Townhome
Lot, but excluding those having an interest only as security for the performance of an obligation. There
may be more than one Owner of any single Townhome Lot.
"Person" or "Persons" shall mean an individual or individuals, a corporation or corporations, a
partnership or partnerships, a trustee or trustees, or any other legal entity or entities.
"Plat" shall mean that certain subdivision map of the Townhome Property recorded with the
Mecklenburg County Register of Deeds in Book 72 at Page 278, which is incorporated herein by
reference.
"Recorded Document" shall mean any document, including any map or plat of survey, recorded
at the Office of the Register of Deeds of Mecklenburg County, North Carolina.
"Regular Annual Assessments" shall mean those assessments levied at least annually as to all
Townhome Lots subject to assessment under Article IX of this Declaration.
"Rules & Regulations" shall mean the initial rules and regulations for use and occupancy of the
Townhome Lots and the Townhome Common Area set forth in Exhibit B, as they may be supplemented,
modified, restated or superseded pursuant to Article IV below.
"Special Assessments" shall mean assessments levied in accordance with Section 9.2 below.
"Specific Assessments" shall mean assessments levied in accordance with Section 9.3 below.
"Supplemental Declaration" means an instrument recorded in the Mecklenburg County
Registry that imposes additional or different covenants, conditions and/or restrictions on additional land
made subject to this Declaration by an Annexation Declaration and may be included in such Annexation
Declaration.
"Townhome Association" shall mean Freeland Townhomes Owners' Association, Inc., a North
Carolina non-profit corporation, its successors and assigns.
"Townhome Building" shall mean any building comprised of residences located upon
Townhome Lots. It is contemplated there will be four (4) Townhome Buildings in the Townhome
Community.
"Townhome Common Area" shall mean all property, and any improvements thereon, wherever
located, owned or leased by the Townhome Association or subjected to an easement or license in favor of
the Townhome Association for the common use and enjoyment of Members. Townhome Common Area
may be owned by the Townhome Association or it may be owned by another person or entity with the
Townhome Association having a right or easement thereon or an obligation in connection therewith.
Townhome Common Area shall include all water and sewer lines serving more than one Townhome Lot
and located outside any public rights -of -way or utility easements of a public utility provider. Townhome
Common Area shall include any drainage easements, stormwater pipes, detention and retention facilities
serving more than one Townhome Lot and not accepted by any governmental authority for maintenance
(but not including any such facilities that serve Lots other than Townhome Lots). Townhome Common
Area shall also include (i) all land on the Plat, which is outside of a Townhome Lot, and the landscaping,
fencing, retaining walls, and lighting located thereon; (ii) all sidewalks and related lighting located within
the Townhome Property that serve more than one Townhome Lot; (iii) any real property designated as
10' Class `C' Landscape Buffer, "SUE", "C.O.S.", "Common Area" or "Open Space" or similar
designation on any Recorded Document and the improvements thereon including, but not limited to, the
trash and mail kiosk improvements; and (iv) any easements which benefit the Townhome Property and
for which the Association and/or Owners have any obligations.
33158.4017
4858-3088-B907, v. 3

"Townhome Common Expense" shall mean and refer to the actual and estimated costs and
expenses incurred, or anticipated to be incurred, by the Townhome Association in connection with the
maintenance, repair, replacement and operation of Townhome Common Areas and in performing its
maintenance, repair and replacement obligations pursuant to Section 6.2 of this Declaration, and in
connection with costs and expenses incurred by the Townhome Association in connection with the
Designated Maintenance Items. Townhome Common Expenses shall include lease payments on any
street lights within the Townhome Community that are leased by Declarant or the Townhome
Association from the utility provider furnishing such lights.
"Townhome Community -Wide Standard" shall m6an the standard of conduct, maintenance, or
other activity generally prevailing in the Townhome Community or the minimum standards established
pursuant to the architectural guidelines under the Rules and Regulations, and Board resolutions,
whichever is the higher standard. Declarant shall initially establish such standard, which may involve
both objective and subjective elements. The Townhome Community -Wide Standard shall evolve as the
Townhome Community evolves.
"Townhome Limited Common Expense" shall mean and refer to the actual estimated costs and
expenses incurred, or anticipated to be incurred, by the Townhome Association in connection with the
maintenance, repair and/or replacement by the Townhome Association of the exterior maintenance and
repair of the Townhome Buildings and Lots pursuant to Section 6.2 of this Declaration when such
maintenance and repair involves less than all of the Townhome Buildings. For example if the roof on one
Townhome Building (but not all) is damaged, the costs to repair that roof shall be a Townhome Limited
Common Expense to be paid as a Specific Assessment by the Owners of the Townhome Lots on which
such Townhome Building is located.
"Townhome Lot" shall mean any separate parcel of land within the Townhome Community
designated for construction and maintenance of a townhome residence and designated for separate
ownership or occupancy and residential use on the Plat.
"Zoning Plan" shall mean those certain plans approved in connection with Rezoning Petition
No. 2022-020, the terms and conditions of which are incorporated herein by reference and a copy
attached as Exhibit C.
Article HT Freeland Townhome Owners' Association.
Every person or entity who is an owner of a fee or undivided fee simple interest in any of the
Townhome Lots shall be a Member of the Townhome Association. Ownership of such interest shall be
the sole qualification for membership, and membership shall be appurtenant to and shall not be separated
from such ownership. The Townhome Association shall be organized and governed as follows:
3.1 oses. The purposes of the Townhome Association shall be:
3.1.1 To maintain and preserve all Townhome Common Areas;
3.1.2 To enforce the provisions of the Governing Documents;
3.1.3 To perform all duties and functions allotted to owner's associations pursuant to
Article 3 of the Planned Community Act;
3.1.4 To promote and to protect the enjoyment and beneficial use and ownership of the
Townhome Lots; and
3.1.5 To promulgate and enforce the Rules and Regulations and administrative rules
and regulations for use of the Townhome Common Area.
4
33158.4017
4858-3088-8907, v. 3

3.2 Powers and Responsibilities. The Townhome Association shall have all powers and
responsibilities and shall perform all duties and functions allotted to owner's associations by Article 3 of
the Planned Community Act, the terms and provisions of which are incorporated herein. The Townhome
Association shall also have all rights and powers and shall perform all duties and functions that may be
assigned to it by Declarant pursuant to this Declaration.
3.3 Voting _Rights and Meetings. On matters of Townhome Association business submitted to
vote of the membership, there shall be two (2) classes of membership:
3.3.1 Class A. Every person who is an Owner, with the exception of Declarant, shall
be a Class A Member. Class A Members shall be entitled to one (1) vote per Townhome Lot. No more
than one (1) vote per Townhome Lot may be cast by Class A Members, regardless of the number of
Owners of a given Townhome Lot.
3.3.2 Class B. Declarant shall be the sole Class B Member. Class B membership shall
be a full voting membership and, during its existence, the Class B Member shall be entitled to vote on all
matters or issues before or considered by the Townhome Association. The Class B Member shall be
entitled to one (1) vote for each Townhome Lot it owns, plus one (1) vote for each Townhome Lot owned
by a Person other than Declarant. The Class B membership shall cease and shall be converted to Class A
membership at such time as the first of the following events occur: (i) the date that all the Townhome
Lots in the Townhome Community have been conveyed by Declarant to other Owners; (ii) the surrender
by Declarant of the right to appoint or remove any officer of the Townhome Association or member of
the Board by a Recorded Document executed by Declarant; or (iii) the expiration of Declarant's rights to
appoint or remove any officer of the Townhome Association or member of the Board pursuant to Article
X below.
Unless otherwise provided herein or in the Planned Community Act or the
Bylaws, all voting matters shall be decided by a simple majority vote. Requirements for a quorum shall
be as provided by the Bylaws. The Members shall meet as provided by the Bylaws.
3.4 Bylaws. The initial Board shall enact and adopt all and any Bylaws that they deem necessary
for the operation of the Townhome Association, which Bylaws shall be binding upon all Members, their
Mortgagees, lessees, agents and invitees.
Article IV Use and Occupancy of Townhome Lots and Townhome Common Areas.
4.1 Fundamental Restriction on Use. The Townhome Lots and Townhome Common Area shall
be used for residential and related purposes only, subject to and consistent with the Governing
Documents, including the Rules and Regulations; provided that Declarant and/or the Townhome
Association may maintain a business or management office within the Townhome Community, and
provided that Declarant may maintain information centers, model homes and sales offices within the
Townhome Community. Notwithstanding the above, home business use ancillary to the primary
residential use of a Townhome Lot is permitted, subject to the Rules and Regulations and all applicable
laws and ordinances of governmental authorities.
4.2 Fundamental Restriction on Occupancy. The composition of occupants of a single
Townhome Lot shall conform to applicable laws, rules and regulations. Subject to the above, Owners
may lease their townhome unit to occupants who may not comprise a single housekeeping unit. Further,
but subject to the above, Owners may rent their townhome units on a short term basis through services
such as AirBNB and VRBO.
4.3 Additional Restrictions on Use and Occupangy of Townhome Lots. Use and occupancy of
all Townhome Lots shall be restricted as follows:
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4.3.1 Completion of Construction. Except with respect to the initial construction of
the Townhome Buildings by Declarant, once construction of any structure located within the Townhome
Community is begun, it must be prosecuted diligently and must be completed within twelve (12) months
of its commencement, unless otherwise approved in writing by Declarant.
4.3.2 Subdivision of Lots. No dwelling shall be erected on less than one Townhome
Lot and no Townhome Lot shall be subdivided; however, owners of adjoining Townhome Lots may
adjust a common boundary line, provided that the adjustment conforms in all respects with all applicable
governmental regulations and ordinances, and with this Declaration.
4.3.3 Signs. No commercial signs of any kind shall be displayed to public view on any
Townhome Lot. This provision shall not apply to marketing or informational signs placed on any
Townhome Lot by Declarant. This provision shall not apply to signs used to advertise a Townhome Lot
for sale or rent, provided that no such sign shall be larger than 18" x 24". Placement and display of
political signs on any Townhome Lot shall be subject to the Rules and Regulations.
4.3.4 Stqgge of Buildin Materials. No lumber, brick, stone, cinder block, concrete
block, cement or other materials used for building purposes shall be stored upon any Townhome Lot
longer than a reasonable time for the completion of the construction in which they are to be used. There
shall be no storage of building materials on any street or on any Townhome Lot not owned by Declarant.
4.3.5 Temporary Structures. No temporary structures such as sheds shall be erected or
placed on a Townhome Lot without the written approval of Declarant or the Townhome Association.
Such structures, if permitted, may be used only during periods of construction, and never as a residence.
4.3.6 Parkik,�_ and Vehicle Storag . No vehicles may be parked or stored on the
Townhome Property. Parking is available in the adjacent public right of way only, which parking is not
exclusive to Owners.
4.3.7 Offensive Activities Prohibited. No noxious or offensive activity shall be
conducted upon any Townhome Lot or Townhome Common Area, nor shall anything be conducted
thereon tending to cause embarrassment, discomfort, annoyance or nuisance to the neighborhood or to
the occupants of any Lot.
4.3.8 Under round Utilities. All utility lines serving structures located on Townhome
Lots shall be placed underground.
4.3.9 Mobile Homes and _ Manufactured Housing. No mobile home, trailer or
manufactured housing shall be located on any Townhome Lot except for temporary construction trailers
of Declarant.
4.3.10 Screening. Boats, boat trailers, jet skis or other watercraft, campers, satellite
dishes, antennae, clotheslines, pet enclosures and the like shall not be located on a Townhome Lot so as
to be visible from any roadway or any other Townhome Lot. Satellite dishes shall comply with the Rules
and Regulations.
4.4 Rules and Regulations. In addition to the restrictions stated above, which may be modified
or rescinded only by an amendment to this Declaration, use and occupancy of the Townhome Lots and
Townhome Common Area shall be subject to the Rules and Regulations, which are intended to govern
day -today use and occupancy of the Townhome Lots and Townhome Common Areas. The initial Rules
and Regulations for the Townhome Community are set forth in Exhibit B attached hereto and
incorporated herein. In order to adapt and respond to changing or unforeseen circumstances affecting the
Townhome Community, Declarant, the Townhome Association and the Owners must have the ability to
change the Rules and Regulations in an expedited and inexpensive manner. Accordingly, the Rules and
Regulations may be amended, supplemented and/or rescinded and restated as set forth in this Section 4.4.
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4.4.1 _ Declarant's Authori r� , During the Declarant Control Period, Declarant shall
have the unilateral right to amend, supplement and/or rescind and restate the Rules and Regulations,
without prior notice to the Townhome Association or to other Owners; provided that no such action by
Declarant may have a materially adverse effect on title to or marketability of any Townhome Lot.
4.4.2 Board Authority. The Board may amend, supplement and/or rescind and restate
the Rules and Regulations. The Board shall send notice by mail to all Members concerning any such
proposed action at least five (5) business days prior to the Board meeting at which such action is to be
considered. Members shall have a reasonable opportunity to be heard at a Board meeting prior to such
action being taken. The Board's decision on such action shall be final, subject only to subsection 4.4.1
above.
4.4.3 Members' Authority. Members representing more than fifty percent (50%) of the
total votes in the Townhome Association, at a Townhome Association meeting duly called for such
purpose, may amend, supplement and/or rescind and restate the Rules and Regulations.
4.4.4 Conflicts. Nothing in this Article shall authorize the Board to modify, repeal or
expand any provision of this Declaration. In the event of a conflict between this Declaration and the
Rules and Regulations, this Declaration shall control.
4.5 Limitations. The right and ability of Declarant and the Board to amend, supplement or
restate the Rules and Regulations shall be limited as follows:
4.5.1 Displays. The rights of Owners to display religious and holiday signs, symbols
and decorations inside structures on their Townhome Lots of the kinds normally displayed in residential
townhome neighborhoods shall not be abridged, but no such display may violate the Townhome
Community -Wide Standard or violate any other provision of this Declaration.
4.5.2 Activities Within Dwellings. No rule established pursuant to this Article shall
interfere with the activities carried on within the confines of dwellings, except that the Townhome
Association may restrict or prohibit any activities that create costs for the Townhome Association or
other Owners, that create a danger to the health or safety of others, that generate excessive noise, traffic
or use of parking facilities, that create unsightly conditions visible outside the dwelling or that otherwise
violate the provisions of this Declaration or any applicable governmental law, ordinance or regulation.
4.5.3 Alienation. No rule promulgated pursuant to this Section shall prohibit leasing or
transfer of any Townhome Lot or require consent of the Townhome Association or Board for leasing or
transfer of any Townhome Lot.
4.5.4 Abridging Existing Rights. No rule shall require an Owner to dispose of personal
property that was in or on a Townhome Lot prior to the adoption of such rule and which was in
compliance with all rules previously in force. This limitation shall apply only for the. duration of such
Owners' ownership of the Townhome Lot personally, and this right shall not run with title to any
Townhome Lot.
4.6 Inteni'onall•, omitted.
4.7 Notice to Purchasers and Wort z:, ees. All prospective purchasers and mortgagees are given
notice that use of the Townhome Lots and the Townhome Common Area is restricted and governed by
the Rules and Regulations, as they may be amended, expanded, and otherwise modified hereunder. Each
Purchaser, by acceptance of a deed, acknowledges and agrees that the use, enjoyment and marketability
of his or her Townhome Lot shall be affected by the Rules and Regulations which may change from time
to time, and that the current Rules and Regulations may not be set forth in a Recorded Document. Take
notice that larant or the Townhome Association Fn �v have changed the initial Rules and
ftgglations since the recordine of this Declaration. The Townhome Association shall provide a copy
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of the current Rules and Regulations to any prospective purchaser Member or Mortgagee upon written
request and payment of the reasonable cost of such copy.
Article V Architecture and Landscaping.
5.1 General.
No structure or thing, including but not limited to fences, shall be placed, erected, or
installed upon or adjacent to any Townhome Lot and no improvements or other work (including staking,
clearing, excavation, grading, and other site work, or exterior alterations of existing improvements) shall
take place on such Lot except pursuant to approval and in compliance with this Article and the
Architectural Guidelines.
Any Owner may remodel, paint, or redecorate the interior of a dwelling located on his or her
Townhome Lot without approval; provided that modifications to the interior of a dwelling visible from
outside the structure shall be subject to approval.
Any improvements constructed on or adjacent to any Townhome Lot shall be designed by
and- built in accordance with the plans and specifications of a licensed architect unless otherwise
approved by Declarant or its designee in its sole discretion.
This Article shall not apply to Declarant's activities or to the Association's activities during
the Declarant Control Period.
All Townhome Buildings shall comply in all respects with any and all materials and other
architectural requirements on the Zoning Plan including the following:
e i t 1" 7 � �n m_ _ Buildings
�_ t � � L,.11 a _t
J. I. I I RC IILUMIIIULLL U681It UI krI) L V WAhVille Buildings I and 2 shall not exceed a
height of 36'-0", and (ii) Townhome Buildings 3 and 4 shall not exceed a height of 40'-0".
5.1.2 Townhome Buildings 1 and 2 may not incorporate rooftop terraces.
5.1.3 Vinyl shall not be used as a primary exterior building material but may be used
for windows, trim, soffits, and railings.
5.1.4 Stoops and porches for the dwellings shall be no less than 4' in width.
5.1.5 The primary pedestrian entry to each dwelling shall be a prominent entrance on
the front elevation and face a public right-of-way frontage.
5.2 Architectural Review.
5.2.1 By Declarant. Each Owner, by accepting a deed or other instrument conveying
any legal or equitable interest in a Townhome Lot, acknowledges that, as the builder and owner of real
estate in the vicinity of and within the Townhome Community, Declarant has a substantial interest in the
quality and appearance of improvements within the Townhome Community, and in determining that they
enhance Declarant's reputation as a builder and do not impair Declarant's ability to market, sell, or lease
its property. Therefore, no Owner shall commence any activity within the scope of this Article on his or
her Townhome Lot unless and until Declarant or its designee has given its prior written approval for such
activity, which approval may be granted or withheld in Declarant's or its designee's sole discretion.
In reviewing and acting upon any request for approval, Declarant or its designee
shall act solely in Declarant's interest and shall owe no duty to any other Person. Declarant's rights
reserved under this Article shall continue as long as Declarant owns any portion of the real property
described in Exhibit A or A_1 or has the right to expand the Townhome Community, unless earlier
terminated by Declarant by a Recorded Document.
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Declarant may, in its sole discretion, designate one or more Persons from time to
time to act on its behalf in reviewing applications hereunder.
Declarant may from time to time, but shall not be obligated to, delegate all or a
portion of its reserved rights under this Article to any other Person or committee. Any such delegation
shall be in writing, specifying the scope of responsibilities delegated, and shall be subject to (a)
Declarant's right to revoke such delegation at any time and reassume jurisdiction over the matters
previously delegated, and (b) Declarant's right to veto any decision which Declarant determines, in its
sole and exclusive discretion, to be inappropriate or inadvisable for any reason. So long as Declarant has
any rights under this Article, the jurisdiction of any other Person or committee shall be limited to such
matters as are specifically delegated to it by Declarant.
5.2.2 Architectural Review Committee. Upon delegation by Declarant or upon
expiration of the Declarant Control Period, the Association, acting through an architectural review
committee ("ARC") appointed by the Board, shall assume jurisdiction over architectural matters. The
ARC shall consist of three (3) Persons who shall serve and may be removed and replaced in the Board's
discretion. The members of the ARC need not be representatives of Members, and may, but need not,
include architects, engineers, or similar professionals, whose compensation, if any, the Board shall
establish from time to time.
Unless and until such time as Declarant delegates all or a portion of its reserved
rights to the Association or expiration of the Declarant Control Period, the Association shall have no
jurisdiction over architectural matters.
5.3 Reviewer. For purposes of this Article, the committee or entity having jurisdiction over
architectural matters in a particular case shall be referred to as the "Reviewer." The Reviewer may
establish and charge reasonable fees for review of applications hereunder and may require such fees to be
paid in full prior to review of any application. Such fees may include the reasonable costs incurred in
having any application reviewed by architects, engineers, or other professionals.
5.4 Guidelines and Procedures.
5.4.1 Architectural Guidelines. Declarant may prepare Architectural Guidelines
applicable to Townhome Lots which may contain general provisions applicable to all Townhome Lots as
well as specific provisions which vary among the Townhome Lots according to location or other factors.
The Architectural Guidelines are intended to provide guidance to Owners regarding matters of particular
concern to the Reviewer in considering applications hereunder. The Architectural Guidelines are not the
exclusive basis for the Reviewer's decisions, and compliance with the Architectural Guidelines does not
guarantee approval of any application. Further, the Architectural Guidelines may be more restrictive
than guidelines followed by Mecklenburg County or as set forth in the International Builder's Code.
Declarant shall have sole and full authority to amend the Architectural
Guidelines as long as it owns any portion of the real property described in Exhibit A or A-1 or has a
right to expand the Townhome Community, notwithstanding a delegation of reviewing authority, unless
Declarant also delegates the power to amend the Architectural Guidelines. Upon termination or
delegation of Declarant's right to amend, the ARC shall have the authority to amend the Architectural
Guidelines with the Board's consent. Any amendments to the Architectural Guidelines shall be
prospective only and shall not apply to require modifications to or removal of structures previously
approved once the approved construction or modification has commenced. There shall be no limitation
on the scope of amendments to the Architectural Guidelines, and such amendments may remove
requirements previously imposed or otherwise make the Architectural Guidelines less restrictive.
The Association shall maintain a copy of the Architectural Guidelines, as they
may exist from time to time, and shall make them available to Members or Owners for inspection and
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copying upon reasonable notice during the Association's business hours. In Declarant's discretion, such
Architectural Guidelines may be recorded at the Mecklenburg County Registry, in which .event the
recorded version, as it may be amended, shall control in the event of any dispute as to which version of
the Architectural Guidelines was in effect at any particular time.
5.4.2 Procedures. Except as the Architectural Guidelines otherwise specifically
provide, no activity described in Section 5.1 shall commence on any Lot until an application for approval
has been submitted to and approved by the Reviewer. Such application shall include plans and
specifications showing site layout, exterior elevations, exterior materials and colors, landscaping,
drainage, exterior lighting, irrigation, and other features of proposed construction, as applicable. The
Architectural Guidelines and the Reviewer may require the submission of such additional information as
deemed necessary to consider any application.
In reviewing each submission, the Reviewer may consider any factors it deems
relevant, including, without limitation, harmony of external design with surrounding structures and
environment. Decisions may be based solely on aesthetic considerations. Each Owner acknowledges that
determinations as to such matters are purely subjective and opinions may vary as to the desirability or
attractiveness of particular improvements. Subject to Declarant's veto power described below, the
Reviewer shall have the sole discretion to make final, conclusive, and binding determinations on matters
of aesthetic judgment. Such determinations shall not be subject to review so long as they are made in
good faith and in accordance with the procedures described in this Article.
The Reviewer shall make a determination on each application within thirty (30)
days after receipt of a completed application and all required information. The Reviewer may (a) approve
the application, with or without conditions; (b) approve a portion of the application and disapprove other
portions; (c) disapprove the application; or (d) request further or additional information. The Reviewer
may, but shall not be obligated to, specify the reasons for any objections or offer suggestions for curing
any objections.
Until expiration of Declarant's rights under this Article, the Reviewer shall notify
Declarant in writing within three (3) business days after the Reviewer has approved an application. The
notice shall be accompanied by a copy of the application and any additional information which Declarant
may require. Declarant shall have ten (10) days after receipt of such notice to veto any such action, in its
sole discretion, by written notice to the Reviewer and the applicant.
In any event, the Reviewer shall notify the applicant in writing of a final
determination within forty-five (45) days after its receipt of a completed application and all required
information. In the event that the Reviewer fails to respond in a timely manner, approval shall be deemed
to have been given, subject to Declarant's veto right. However, no approval, whether expressly granted or
deemed granted pursuant to the foregoing, shall be inconsistent with the Architectural Guidelines unless
the Reviewer has granted a variance pursuant to Section 5.6.
Notice shall be deemed to have been given at the time the envelope containing
the response is deposited with the U.S. Postal Service. Personal delivery of such written notice shall,
however, be sufficient and shall be deemed to have been given at the time of delivery to the applicant.
If construction does not commence on a project for which plans have been
approved within one (1) year after the date of approval, such approval shall be deemed withdrawn, and it
shall be necessary for the Owner to reapply for approval before commencing construction of any
proposed improvements. Once construction is commenced, it shall be diligently pursued to completion.
All exterior walls and the roof of each dwelling on a Townhome Lot must be completed within one
hundred eighty (180) days after commencement, and all work shall be completed within three hundred
sixty (360) days after commencement unless otherwise specified in the notice of approval or unless the
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Reviewer grants an extension in writing, which it shall not be obligated to do. If approved work is not
completed within the required time, it shall be considered nonconforming and shall be subject to
enforcement action by the Association, Declarant, or any aggrieved Member.
The Reviewer may by resolution exempt certain activities from the application
and approval requirements of this Article, provided such activities are undertaken in strict compliance
with the requirements of such resolution.
5.5 No Waiver of Future Approvals. Each Owner acknowledges that the Persons reviewing
applications under this Article will change from time to time and that opinions on aesthetic matters, as
well as interpretation and application of the Architectural Guidelines, may vary accordingly. In addition,
each Owner acknowledges that it may not always be possible to identify objectionable features until
work is completed, in which case it would be unreasonable to require changes to the improvements
involved, but the Reviewer may refuse to approve similar proposals in connection with any future
requests for approvals required under this Declaration. Approval of applications or plans, or in
connection with any other matter requiring approval, shall not constitute a binding precedent in any other
future matter or operate as a waiver of the right to withhold approval as to any similar applications, plans,
or other matters subsequently or additionally submitted for approval in the future.
5.6 Variances. Upon submission of a written request for same, the Reviewer may, from time to
time, in its sole discretion, authorize variances from compliance with any of its guidelines and procedures
when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental
considerations require, but only in accordance with duly adopted rules and regulations. No variance shall
(a) be effective unless in writing; (b) be contrary to this Declaration; or (c) estop the Reviewer from
denying a variance in other circumstances. For purposes of this Section, the inability to obtain approval
of any governmental agency, the issuance of any permit, or the terns of any financing shall not be
considered a hardship warranting a variance. Written requests for variances shall be deemed to be
disapproved in the event the ARC has not expressly and in writing approved such request within thirty
(30) business days after the submission of such request. No member of the ARC shall be liable to any
Owner for any claims, causes of action, or damages arising out of the grant or denial of any variance to
any Owner. Each request for a variance submitted hereunder shall be reviewed separately and apart from
other such requests and the grant of a variance to any Owner shall not constitute a waiver of the ARC's
right to strictly enforce the covenants, restrictions and architectural standards provided hereunder or
under any Annexation or Supplemental Declaration against any other Owner.
5.7 Limitation of Liabili_ � . The standards and procedures this Article establishes are intended as
a mechanism for maintaining and enhancing the overall aesthetics of the Townhome Community; they do
not create any duty to any Person. Review and approval of any application pursuant to this Article may
be based on aesthetic considerations only. The Reviewer shall not bear any responsibility for ensuring (a)
the structural integrity or soundness of approved construction or modifications, (b) compliance with
building codes and other governmental requirements, (c) that Townhome Lots are of comparable quality,
value, size, or of similar design, aesthetically pleasing, or otherwise acceptable to neighboring property
owners, (d) that views from any other Townhome Lots or the Townhome Common Area are protected, or
(e) thax no defects exist in approved construction.
Declarant, the Association, the Board, any committee, or any member of any of the foregoing
shall not be held liable for soil conditions, drainage, or other general site work; any defects in plans
revised or approved hereunder; any loss or damage arising out of the actions, inaction, integrity, financial
condition, or quality of work of any contractor or its subcontractors, employees, or agents; or any injury,
,damages, or loss arising out of the manner or quality of approved construction on or modifications to any
Lot. In all matters, the Association shall defend and indemnify the Board, the ARC, and any members
thereof as provided in the Bylaws.
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5.8 Certificate of Compliance. Any Owner may request that the Reviewer issue a certificate of
architectural compliance certifying that such Owners' Townhome Lot has no known violations of this
Article or the Architectural Guidelines. The Association shall either grant or deny such request within
thirty (30) days after receipt of a written request and may charge a reasonable administrative fee for
issuing such certificates. Issuance of such a certificate shall stop the Association from taking
enforcement action with respect to any condition as to which the Association had notice as of the date of
such certificate.
5.9 View Impairment. Neither Declarant nor the Townhome Association guarantee or represent
that any view over and across any portion of the Townhome Community or any adjacent property will be
preserved without impairment. Any additions or changes, whether occurring in the course of developing
or maintaining the Townhome Community, may diminish or obstruct any view from Lots and any express
or implied easements for view purposes or for the passage of light and air are hereby expressly
disclaimed.
5.10 Enforcement.
5.10.1 It is Declarant's intent that the architectural control provisions of this
Declaration and any Annexation or Supplemental Declarations are to permit control of the architectural
design and landscaping and to establish quality standards for construction and construction activity in the
Townhome Community and to help preserve values of properties in the Townhome Community. All
Owners, by purchasing property subject to this Declaration, acknowledge that a violation of any such
provisions could result in irreparable harm and damage to other Owners of property in the Townhome
Community and to Declarant, and to the values of their respective properties in the Townhome
Community, a monetary measure of which harm and damage would be difficult to establish.
Accordingly, the Declarant, prior to the expiration of the Declarant Control Period, and thereafter the
Townhome Association shall have the specific right (but not the obligation) to enforce and/or to prevent
any violation of the provisions contained in this Article V by a proceeding at law or in equity against the
person or persons violating or attempting to violate any such provisions. Declarant hereby specifically
reserves and grants unto the ARC, the Board and any agent or member thereof, the right of entry and
inspection upon any portion of the Property for the purpose of determination by the ARC or the Board
whether there exists any construction of any improvement which violates the terns of any approval by
the ARC, the terms of the Architectural Guidelines, the terms of this Declaration or any Annexation and
Supplemental Declaration, or the terms of any amendments hereto or thereto.
5.10.2 As to nonconforming or unapproved improvements, Declarant, during the
Declarant Control Period, and the Townhome Association may require any Owner to restore such
Owners' improvements to the condition existing prior to the construction thereof (including, without
limitation, the demolition and removal of any unapproved improvements) if such improvements were
commenced or constructed in violation of this Article. In addition, the Townhome Association may, but
has no obligation to, cause such restoration, demolition and removal of any such unapproved
improvements to be performed and to levy the amount of the cost thereof as a Specific Assessment
against the Townhome Lot, or portion of the Townhome Property upon which such unapproved
improvements were commenced or constructed. In the event that it becomes necessary to resort to
litigation to determine the propriety of any constructed improvement, to remove any unapproved
improvement or otherwise to remedy a violation of the Architectural Guidelines, the Townhome
Association shall be entitled to recover court costs, attorneys' fees and expenses incurred by the
Declarant, Townhome Association and/or the ARC, as applicable in connection therewith, which costs,
fees and expenses may be levied as a Specific Assessment against the Townhome Lot or other portion of
the Townhome Property upon which such unapproved improvements was commenced or constructed.
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Article VI Maintenance and Repair
6.1 General. All areas within the Townhome Property and all areas covered by easements or
licenses owned or held by or for the benefit of the Townhome Association shall be maintained to the
Townhome Community Wide Standard, and to all other standards stated in this Declaration, the Bylaws,
and Rules and Regulations of the Townhome Association. The Townhome Association and the
individual Owners shall be responsible for such maintenance, as provided in this Article VI.
6.2 Townhome Association Responsibilit' . The Townhome Association shall maintain any
easement or licenses owned or held by the Townhome Association, all Townhome Common Areas
(except with respect to Owner obligations under Section 6.3), all fencing surrounding the rear yards of
each Townhome Lot, and all landscaping, paving, streets, structures and improvements of any nature
located thereon outside of such fenced in areas; any water, sewer, electrical, gas and other utility
facilities serving more than one Townhome Lot, and drainage and storm water retention system facilities
on the Townhome Property to the extent not maintained by a governmental entity and the Designated
Maintenance Items. In addition, the Townhome Association shall provide exterior maintenance, repair,
and standard termite services to the exterior of each Townhome Building and Townhome Lot which is
subject to assessment hereunder, as follows: paint, repair, replace and care for roofs, gutters, downspouts,
exterior Townhome Building surfaces, maintain and replace, when necessary, all landscaping located
outside of any fenced or walled in area (including cutting grass during growing season, re -seeding and
fertilizing lawns, mulching bedding, and leaf removal during the fall) and replacing, as needed, the
artificial turf installed by Declarant within any fenced in areas; provided that the Association shall not be
responsible for providing exterior maintenance of any improvements and betterments made and installed
by individual Owners or the removal of snow and ice from any sidewalks or other walkways, drives or
parking areas located outside of Townhome Common Areas or for the cleaning and replacement of any
glass in exterior doors or windows. Such exterior maintenance by the Association shall not include glass
surfaces. In order to enable the Townhome Association to accomplish the foregoing, a perpetual
easement in gross over all the Townhome Lots and Townhome Common Area is hereby granted to the
Townhome Association for the purpose of unobstructed access over and upon each Townhome Lot and
Townhome Common Area at all reasonable times to perform maintenance as provided in this Article. No
such maintenance by an Owner shall reduce any assessments payable by him to the Townhome
Association. In the event that the need for maintenance or repair by the Townhome Association pursuant
to this subsection is caused through the willful or negligent act of any Owner, his or her family, guests,
invitees or delegates, the cost of such maintenance and repair shall be assessed against the Townhome
Lot(s) of such Owner(s) as a Specific Assessment pursuant to subsection 6.4 below, and may be collected
by the Townhome Association as provided in Article IX below.
6.3 Owners' Responsibilit•. Except as provided in subsection 6.2 above, each Owner shall
maintain, repair and/or replace as^needed to keep in good condition and repair all improvements on
his/her/its Townhome Lot, at his/her/its sole cost and expense including replacing and cleaning exterior
doors and windows on each Owner's Townhome Lot, maintaining, cleaning, repairing and replacing the
patio on each Owner's Townhome Lot and replacing, as necessary, the astroturf in the rear yard of each
Owner's Townhome Lot.
6.4 Townhome Association's Right to Perform Owners' Responsibility. If any Owner or
occupant of a Townhome Lot fails to -perform any of the duties or responsibilities set forth in this Article,
then the Townhome Association or Declarant may give such person written notice of such failure and
such person must, within ten (10) days after receiving such notice (which notice shall be deemed to have
been received upon deposit in any official depository of the United States mail, addressed to the party to
whom it is intended to be delivered at that party's current address as shown by the records of the
Townhome Association, and sent by certified mail, return receipt requested), perform the care and
maintenance required or otherwise perform the duties and responsibilities of such Owner. Should any
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such person fail to fulfill this duty and responsibility within such period, then Declarant or the
Townhome Association, acting through its authorized agent or agents, shall have the right and power to
enter onto the Townhome Lot in question and perform such care and maintenance without any liability
for damages for wrongful entry, trespass or otherwise at any person. All Owner(s) of a Townhome Lot on
which such work is performed shall be liable for the cost of such work together with interest on the
amounts expended by the Townhome Association or Declarant in performing such work computed at the
rate of twelve percent (12.00%) per annum from the date(s) such amounts are expended until repaid to
the Townhome Association or Declarant, as the case may be, and for all costs and expenses incurred in
seeking the compliance of such Owner with his or her duties and responsibilities hereunder, and shall
reimburse the Townhome Association or Declarant, as the case may be, on demand for such costs and
expense (including interest as above provided). If such Owner shall fail to reimburse the Townhome
Association or Declarant, as the case may be, within thirty (30) days after mailing to such Owner of a
statement for such costs and expenses incurred by the Townhome Association or Declarant, the
Townhome Association may charge a Specific Assessment for such amounts against the Townhome Lot
of such Owner(s), and proceed to collect such Specific Assessment as provided in Article IX below.
6.5 Partv Walls. Each wall which is built as a part of the original construction of a Townhome
Building upon the Townhome Property and placed on a boundary line between Townhome Lots, and all
reconstruction or extension of such walls, shall constitute party walls. Except as provided in this Article,
the general rules of law regarding party walls, lateral support in below -grade construction and liability
for property damage due to negligence or willful acts or omissions shall apply to party walls on the
Townhome Property. The following rules and principles shall also apply to the party walls:
6.5.1 Sharing of Repair and Maintenance. The cost of reasonable repair and
maintenance of a party wall shall be shared by the Owners who make use of the wall or benefit therefrom
in proportion to such use and benefit.
6.5.2 Construction and Reconstruction of Pam Wall. The Owner of any Townhome
Lot may construct, reconstruct (if necessary to keep same in good condition and repair or if otherwise
damaged), or extend a party wall in any direction (subject to and within the limitation of architectural
control and other limitation of this Declaration) with the right to go upon the adjoining Townhome Lot to
the extent necessary to perform such construction. Such construction shall be done expeditiously and,
unless an emergency, after reasonable prior notice to the Owner of the Townhome Lot which shares such
wall and in a manner so as to minimize to the extent reasonably possible, disruption of the use and
occupancy of such adjacent twnhome Lot. Upon completion of such construction, such Owner shall
restore the adjoining Townhome Lot including all improvements thereon to as near the same condition as
prevailed before the commencement of such construction as is reasonably practicable.
6.5.3 Weatherproofing. Notwithstanding any other provision of this Section, an
Owner who, by his, her or its negligence or willful act, causes the party wall to be exposed to the
elements shall bear the whole cost of furnishing the necessary protection against such elements.
6.5.4 Right to Contribution Runs with Land. The right of any Owner to contribution
from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owners'
successors in title.
6.5.5 Certification by Adjoining To"mhome Lot Owner that No Contribution is Due.
If any Owner desires to sell his or her Townhome Lot, he may, in order to assure a prospective purchaser
that no adjoining Owner has a right of contribution as provided in this Article, request of the adjoining
Owner a certification that no right of contribution exists, whereupon it shall be the duty of each adjoining
Owner to make such certification immediately upon request and without charges; provided, however, that
where the adjoining Owner claims a right of contribution, the certification shall contain a recital of the
amount claimed.
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6.5.6 Dispute Resolution. In the event of any dispute arising concerning a party wall,
or under the provisions of this Article, each Bound Party (as defined in Section 12.2 of this Declaration)
covenants and agrees to use good faith efforts to resolve their Claims using the procedures set forth in
Section 12.4 of the Declaration.
6.6 Cost of Maintenance. All costs of the Townhome Association in maintaining Townhome
Common Area, the Designated Maintenance Items, and Townhome Buildings and in meeting its
responsibilities pursuant to this Article shall be Townhome Common Expenses.
Article VII Insurance.
7.1 Insurance Requirements under the Planned Community Act. Section 47F-3-113 of the
Planned Community Act requires certain insurance to be carried by the Townhome Association and
provides for the distribution of insurance proceeds. Sections 7.2 through 7.5 of this Article VII set forth
the requirements of Section 47F-3-113 of the Planned Community Act. In the event the insurance
requirements set forth in the Planned Community Act or any portion of the Planned Community Act are
changed, amended, or deleted, the insurance requirements set forth in Sections 7.2 through 7.5 of this
Article VII shall likewise be changed, amended, or deleted to conform with the insurance provisions of
the Planned Community Act without the requirement of a formal amendment to this Declaration.
7.2 P
"Lenv Insurance. The Townhome Association shall maintain, to the extent reasonably
available, property insurance on the Townhome Common Areas insuring against all risks of direct
physical loss commonly insured against including fire and extended coverage perils. The total amount of
insurance after application of any deductibles shall not be less than eighty percent (801/o) of the
replacement cost of the insured property at the time the insurance is purchased and at each renewal date,
exclusive of land, excavations, foundations, and other items normally excluded from property policies.
Any loss covered by this property insurance shall be adjusted with the Townhome Association, but the
insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or
otherwise to the Townhome Association, and not to any mortgagee or beneficiary under a deed of trust.
The insurance trustee or the Townhome Association shall hold any insurance proceeds in trust for
Owners and lien holders as their interests may appear. The proceeds shall be disbursed first for the repair
or restoration of the damaged property, and Owners and lien holders are not entitled to receive payment
of any portion of the proceeds, unless there is a surplus of proceeds after the property has been
completely repaired or restored, or the planned community is terminated.
7.3 Liability Insurance. The Townhome Association shall maintain, to the extent reasonably
available, liability insurance in reasonable amounts, covering all occurrences commonly insured against
for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or
maintenance of the Townhome Common Areas. The liability insurance shall be for the benefit of the
Owners, occupants, the Association, the Board, the managing agent, if any, the Declarant, and their
respective officers, directors, members, managers, agents, and employees in such amounts and with such
coverage that shall be determined by the Board; provided that such liability insurance shall be for at least
One Million Dollars ($1,000,000.00) per occurrence for death, bodily injury, and property damage.
7.4 CaslWty Insurance Maintained B% the Townhome Association. The Townhome
Association shall procure and maintain casualty insurance upon the Townhome Lots and the
Townhome Buildings thereon for the benefit of the Townhome Association and the Owners and their
mortgagees, as their interests may appear, and provisions shall be made for the issuance for
certificates or mortgagee endorsements to the mortgagees of Owners upon request therefor by any
Owner. Each Townhome Lot shall be insured in an amount equal to one hundred percent (100%) of its
insurable replacement value of the Townhome Building thereon as determined annually by the
Townhome Association with the assistance of the insurance company providing coverage.
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7.5 Required Provisions for Townhome Property and Liability Insurance. Insurance policies
carried pursuant to Sections 7.2, 7.3 and 7.4 above shall provide that:
7.5.1 Each Owner is an insured person under the policy to the extent of the Owners'
insurable interest;
7.5.2 The insurer waives its right to subrogation under the policy against any Owner or
member of the Owners' household;
7.5.3 No act or omission by any Owner, unless acting within the scope of the Owners'
authority on behalf of the Townhome Association, will preclude recovery under the policy; and
7.5.4 If, at the time of a loss under the policy, there is other insurance in the name of
the Owner covering the same risk covered by the policy, the Townhome Association's policy provides
primary insurance.
7.6 Insurance Repairs. Any portion of the Townhome Community for which insurance is
required under Sections 7.2 and 7.3 hereinabove which is damaged or destroyed shall be repaired or
replaced promptly by the Townhome Association unless: (a) the planned community is terminated; (b)
repair or replacement would be illegal under any State or local health or safety statute or ordinance; or
(c) the Owners decide not to rebuild by an eighty percent (80%) vote. The cost of repair or replacement
in excess of insurance proceeds and reserves is a Townhome Common Expense. If any portion of the
Townhome Community is not repaired or replaced, (a) the insurance proceeds attributable to the
damaged Townhome Common Area shall be used to restore the damaged area to a condition compatible
with the remainder of the planned community; and (b) the remainder of the proceeds shall be distributed
to all the Townhome Lot Owners or lien holders, as their interests may appear, in proportion to the
common expense liabilities of all the Lots. Notwithstanding the provisions of this Section 7.6, Section
47F-2-118 (termination of the planned community) governs the distribution of the insurance proceeds if
the planned community is terminated.
7.7 General.
7.7.1 Coverage. Such coverage shall provide protection against: loss or damage by fire
and other hazards, including extended coverage, vandalism and malicious mischief, and such other risks
as from time to time shall be reasonably required by the Townhome Association.
7.7.2 Premiums. Premiums for insurance policies purchased by the Townhome
Association shall be paid by the Townhome Association and shall be included as part of the Regular
Annual Assessment.
7.7.3 Proceeds. All insurance policies purchased by the Townhome Association shall
be for the benefit of the Townhome Association and the Owners and their mortgagees, as their interests
may appear in proportion to the Townhome Common Expense (or if applicable, Townhome Limited
Common Expense) liabilities of all (or with respect to a Townhome Limited Common Expense, the
applicable Townhome Lot(s)) of the Townhome Lots, and shall provide that all proceeds thereof shall be
payable to the Townhome Association as insurance trustee under this Declaration. The sole duty of the
Townhome Association as insurance trustee shall be to receive such proceeds as are paid and to hold the
same in trust for the purposes stated herein or stated in the Bylaws and for the benefit of the Townhome
.Association, the Owners and their mortgagees in the following shares:
7.7.3.1 If an insured casualty shall occur resulting in damage to a Townhome
Lot or Townhome Lots, proceeds from insurance shall be held in undivided shares for the affected
Owners in proportion to the cost of repairing the damage insured against in said policy, which cost shall
be determined by the Townhome Association; and
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7.7.3.2 In the event a mortgagee endorsement has been issued for any
Townhome Lot, the share of the Owner of that Townhome Lot shall be held in trust for the mortgagee
and the other Owners, as their interests may appear.
7.7.4 Distribution of Insurance Proceeds. Proceeds of insurance policies received by
the Townhome Association as insurance trustee shall be distributed in the following manner: All
expenses of the insurance trustee shall be first paid or provisions made therefor, and then any remaining
proceeds shall be paid to defray the cost of the covered item.
7.7.5 Resoonsibili<< for r Repair. If the proceeds of insurance are insufficient to repair
damage or destruction to any portion of the Townhome Buildings by fire or other casualty, or if such
casualty is not insured against, then the reconstruction or repair of any damaged improvements contained
within any Townhome Lot shall be accomplished promptly by the Owner(s) of such Townhome Lot or
Townhome Lots, and the extent of such repairs shall be an expense of such Owner(s). If the Owner of the
affected Townhome Lot fails to promptly accomplish such repair or reconstruction, the Townhome
Association may perform such repairs or reconstruction on his behalf, and the expense of such repair or
reconstruction may be assessed against that Townhome Lot, and if not paid shall be a lien on the
Townhome Lot having all of the priorities provided in this Declaration.
7.8 Public Liability Insurance. The Townhome Association shall procure public liability
insurance with limits of liability of no less than One Million Dollars ($1,000,000.00) per occurrence and
shall include an endorsement to cover liability of the Owners as a group, to a single Owner. If an insured
casualty shall occur resulting in damage or injury to a claimant whose claim is insured against in said
policy, proceeds from the Townhome Association shall be applied as follows: all expenses of the
insurance trustee shall be first paid or provisions made therefor; and the balance held in undivided shares
for compensation for injuries suffered by each claimant whose claim is insured against in said policy, all
as determined by the Townhome Association.
7.9 Insufficient Proceeds. If the insurance proceeds received by the Townhome Association are
insufficient to reimburse, to repair and/or replace any damage or destruction to person or property, the
Board may levy a Special Assessment against the Owners to cover the deficiency.
7.10 Owners' Personal Property. The Townhome Association or Declarant shall not be Iiable in
any manner for the safekeeping or condition of any personal property belonging to or used by any Owner
or such Owners' family, guests, or invitees, located on or used at the Townhome Common Areas.
Further, the Townhome Association or Declarant shall not be responsible or liable for any damage or loss
to any personal property of any Owner, such Owners' family, guests or invitees located on or used at the
Townhome Common Areas. Each Owner shall be solely responsible for all personal property and for any
damage thereto or loss thereof, and shall be responsible for the purchase of at such Owners' sole cost
and expense, any liability or other insurance for damage to or loss of such property. Each Owner shall, at
the time of acquiring possession to his/her/its Townhome Lot, and during all times of his/her/its
ownership or use shall maintain the following insurance:
7.10.1 Property insurance covering all of his/her/its personal property on the
Townhome Lot. Such insurance policy shall contain a subrogation clause waiving any right of
subrogation against the Townhome Association and all other Owners for negligence resulting in a loss to
such personal property.
7.10.2 Liability insurance in reasonable amounts covering all occurrences commonly
insured against for death, bodily injury and property damage arising out of or in connection with use,
ownership or maintenance of such Owners' Townhome Lot, including a waiver of subrogation provision
as to any rights the insurer may have against the Townhome Association or other Owner for any loss.
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7.10.3 Coverage insuring all betterments, improvements, and contents of or on the
Owner's Townhome Lot.
The Townhome Association may request a copy of the policy of insurance required to be
maintained by each Owner as set forth above at any time or during the event of a loss.
7.11 Securi . The Townhome Association may, in its sole discretion, but shall not be obligated
to, provide certain security and fire protection measures, and maintain or support certain other activities
within the Townhome Property designed to make the Townhome Property safer than it might otherwise
be. Provided, however, should the Townhome Association provide, maintain, or support any such
measures or activities, then neither the Townhome Association, the Board, Declarant, nor any successor
of Declarant shall in any way be considered insurers or guarantors of security or fire protection within
the Townhome Property, and neither the Townhome Association, Declarant nor any successor of
Declarant shall be held liable for any loss or damage by reason of failure to provide or take any security
or fire protection measures or for the inei%ctiveness of any such measures undertaken. Each Owner of
any Townhome Lot and each tenant, guest, and invitee thereof acknowledges and understands that
neither the Townhome Association, the Board, Declarant nor any successor of Declarant are insurers, and
each such Owner of a Townhome Lot, and such Owners' tenants, guests, and invitees hereby assume all
risks for loss or damage to persons, property, or contents belonging to any such persons.
Article VIII Repair and Reconstruction of Townhome Association Property.
The Townhome Association shall have the authority and the duty to repair or reconstruct
Townhome Common Area or other property which the Townhome Association is obligated to insure
("Insured Property") that is damaged or destroyed unless such repair or reconstruction would be
illegal under any state or local ordinance governing health or safety, or Members representing at least
eighty percent (801/o) percent of the total vote of the Townhome Association vote not to repair or
reconstruct.
Except as otherwise provided in this Section, the Board shall diligently pursue to
completion the repair or reconstruction of that part of the Insured Property damaged or destroyed. The
Townhome Association may take all necessary or appropriate action to affect such repair or
reconstruction. Such repair or reconstruction shall be in accordance with the original plans and
specifications unless other plans are approved by the Board.
The proceeds of any insurance collected shall be available to the Townhome Association for
the purpose of repair or reconstruction of Insured Property. If the proceeds of insurance are insufficient
to pay the estimated or actual cost of such repair or reconstruction, then the Board, pursuant to Article
IX may levy in advance a Special Assessment sufficient to provide funds to pay such estimated or actual
costs of repair or reconstruction. Such assessment shall be allocated and collected as provided in Article
IX. Further levies may be made in like manner if the amounts collected prove insufficient to complete
the repair or reconstruction. The insurance proceeds held by the Townhome Association and the
,amounts of any such Special Assessments shall constitute a fund for the payment for costs of repair or
reconstruction after casualty. If a balance exists after payment of all costs of such repair or
reconstruction, such balance shall be distributed to the Owners of the Townhome Lots in proportion to
the contributions made by each Owner to the Townhome Association.
If a decision is made not to restore the damaged improvements and no alternative
improvements are authorized, the Townhome Association shall clear the affected property of all debris
and ruins and thereafter shall maintain such improvements in a neat and attractive, landscaped condition
consistent with the Townhome Community -Wide Standard. The cost of removal and landscaping shall
be paid for with insurance proceeds. The Townhome Association shall retain the remaining proceeds in
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its. general or other funds or shall allocate or distribute such funds as the Board determines appropriate,
provided any such distribution of insurance proceeds shall be proportionate to the Members' interests.
Article IX Townhome Association Finances
9.1 Budgetim and Allocating Townhome Common Expenses.
Until the Townhome Association first levies assessments, Declarant shall be responsible for
all Townhome Common Expenses and Townhome Limited Common Expenses. Thereafter, assessments
for Townhome Common Expenses shall be levied at least annually in accordance with this Article.
At least sixty (60) days before the beginning of each fiscal year, the Board shall prepare and
approve a budget of the estimated Townhome Common Expenses and Townhome Limited Common
Expenses for the coming year. The budget shall include any contributions to be made to a reserve fund
for repair and replacement of capital assets, taking into account the number and nature of replaceable
assets, the expected life of each asset and each assets expected repair or replacement cost. The budget
shall reflect the sources and estimated amounts of funds to cover such expenses, which may include any
surplus to be applied from prior years, any income expected from sources other than assessments levied
against the Townhome Lots and the amount to be generated through the levy of Regular Annual
Assessments and Special Assessments against the Townhome Lots, as authorized in Article IX. After
the Declarant Control Period terminates, the annual Regular Annual Assessments shall not be increased
by an amount greater than twenty percent (20%) of the annual Regular Annual Assessment of the
immediately preceding calendar year.
Within thirty (30) days after the Board adopts a proposed budget, the Board shall provide a
summary of the budget to the Owners together with notice of a meeting to consider ratification of such
budget, which shall state that the budget may be ratified without a quorum. The meeting to consider
ratification of the budget shall occur not less than ten (10) or more than sixty (60) days after the mailing
of the summary and notice. There shall be no requirement that a quorum be present at the meeting. The
budget shall be ratified unless at that meeting seventy-five percent (751/o) of all of the Owners in the
Association reject the budget. In the event the budget is rejected, the periodic budget last ratified by the
Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the
Board.
The Association shall establish and maintain an adequate reserve fund for the periodic
maintenance, repair, and replacement of improvements to the Townhome Common Area and those other
portions of the Townhome Property which the Association may be obligated to maintain. Such reserve
fund is to be established out of regular assessments for common expense.
The Townhome Association is hereby authorized to levy Regular Annual Assessments
equally against all Townhome Lots which are subject to assessment to fund the Townhome Common
Expenses. In determining the Regular Annual Assessment rate per Townhome Lot, the Board may
consider any assessment income expectedto be generated from any additional Townhome Lots
reasonably anticipated becoming subject to assessment during the fiscal year.
9.2 Smcial Assessments. In addition to other authorized assessments, the Townhome
Association may levy Special Assessments to cover unbudgeted expenses or expenses in excess of those
budgeted. Any such Special Assessment may be levied against the entire membership. Except as
otherwise specifically provided in this Declaration, any Special Assessment shall require the affirmative
vote or written consent of a majority of the Board and the consent of Declarant during the Declarant
Control Period. Special Assessments shall be payable in such manner and at such times as determined by
the Board and may be payable in installments extending beyond the fiscal year in which the Special
Assessment is approved. Any Townhome Lot owned by Class B member shall be exempt from payment
of any Special Assessment unless and until a permanent Certificate of Occupancy is issued for any such
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Townhome Lot owned by Class B member, and such Townhome Lot is thereafter leased to a third party
for occupancy.
9.3 Specific Assessments.
The Board shall have the power to levy Specific Assessments against a particular
Townhome Lot as follows:
9.3.1 to cover the costs, including overhead and administrative costs, of providing
services to Townhome Lots upon request of an Owner pursuant to any menu of special services which
the Townhome Association may offer, and
9.3.2 to cover costs incurred in bringing the Townhome Lot into compliance with the
Governing Documents, or costs incurred as a consequence of the conduct of the Owner or occupants of
the Townhome Lot, their agents, contractors, employees, licensees, invitees, or guests; provided, the
Board shall give the Townhome Lot Owner prior written notice and, if required by this Declaration or the
Bylaws, an opportunity for a hearing before levying any Specific Assessment under this subsection
9.3(b); and
9.3.3 to cover Townhome Limited Common Expenses which are payable by the
Owner of and allocated to the specific Townhome Lot(s) associated with such Townhome Common
Expenses.
9.4 Authority to Assess Owners,• Time of Pa■inent.
Declarant hereby establishes and the Townhome Association is hereby authorized to levy
assessments as provided for in this Article and elsewhere in the Governing Documents. The obligation
to pay assessments shall commence as to each Townhome Lot on the first day of the month following
the earlier of: (a) the closing on the sale of a Townhome Lot to a person or entity other than Declarant,
or (b) the lease of a Townhome Lot by the Declarant to a third party. Notwithstanding the foregoing or
anything herein to the contrary, until the occurrence of 9.4 (a) or (b) above, the Class B member shall
pay an assessment equal to twenty-five percent (25%) of the Regular Annual Assessment for each
Townhome Lot it owns. The first annual Regular Annual Assessment levied on each Townhome Lot
shall be adjusted according to the number of months remaining in the fiscal year at the time assessments
commence on the Townhome Lot.
Regular Annual Assessments shall be paid in such manner and on such dates as the Board
may establish. The Board may require advance payment of assessments at closing of the transfer of title
to a Townhome Lot and impose special requirements for Owners with a history of delinquent payment.
If the Board so elects, assessments may be paid in two or more installments. Unless the Board provides
otherwise, the Regular Annual Assessment shall be due and payable in advance on the first day of each
fiscal year. If any Owner is delinquent in paying any assessments or other charges levied on his/her/its
Townhome Lot, the Board may require the outstanding balance on all assessments to be paid in full
immediately.
9.5 Liability for Assessments. Each assessment levied by the Townhome Association, together
with interest, late charges and the costs of collection thereof, including reasonable attorney's fees, shall
be the personal obligation of the Owners of each Townhome Lot against which the particular assessment
is levied (for example, a Regular Annual Assessment shall be the personal obligation of all of the Owners
of the Townhome Lots but a Specific Assessments shall be a personal obligation only of the Owners of
the Townhome Lots against which such Specific Assessment is levied). The Townhome Association
shall have the power to take whatever action is necessary, at law or in equity, to enforce this Declaration
and to collect the assessment, interest, late charges and costs. If the assessment remains unpaid for a
period of thirty (30) days after the date of mailing of the notice that it is due, the Townhome Association
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may impose reasonable charges for late payment of assessments, not to exceed the greater of Twenty
Dollars ($20.00) per month from the date of mailing of the notice or ten percent (10%) of any assessment
installment unpaid, and the assessment, together with the late charges thereon and the costs of collection
thereof (including reasonable attorney's fees) shall constitute a lien on the delinquent Townhome Lot
when a claim of lien is filed by the Townhome Association against the Townhome Lot in the Office of
the Clerk of Superior Court of Mecklenburg County. The lien may be foreclosed by the Townhome
Association as provided in N.C.G.S. § 47F-3-116.
The Board's failure to fix assessment amounts or rates or to deliver or mail each Owner an
assessment notice shall not be deemed a waiver, modification or a release of any Owner from the
obligation to pay assessments. In such event, each Owner shall continue to pay Regular Annual
Assessments on the same basis as during the last year for which an assessment was made, if any, until a
new assessment is levied, at which time the Townhome Association may retroactively assess any
shortfalls in collections.
No Owner may exempt himself or herself from liability for assessments by non-use of
Townhome Common Area, abandonment of his/her/its Townhome Lot or any other means. The
obligation to pay assessments is a separate and independent covenant on the part of each Owner which
each Owner is deemed to agree to pay upon acceptance of a deed for his/her/its Townhome Lot. No
diminution or abatement of assessments or set-off shall be claimed or allowed for any alleged failure of
the Townhome Association or Board to take some action or perform some function required of it, or for
inconvenience or discomfort arising from the making of repairs or improvements, or from any other
action of the Board.
The sale or transfer of any Townhome Lot shall not affect the assessment lien, or relieve
such Townhome Lot from the lien for any subsequent assessments. However, the sale or transfer of any
Townhome Lot pursuant to foreclosure pursuant to a First Mortgage shall extinguish the lien as to any
installments of such assessments due prior to the Mortgagee's foreclosure, except as otherwise provided
in this Section. The subsequent Owner of the foreclosed Townhome Lot shall not be personally liable
for assessments on such Townhome Lot due prior to such acquisition of title. Such unpaid assessments
shall be deemed to be Townhome Common Expenses collectible from Owners of all Townhome Lots
subject to assessment under Section 9.4, including the subsequent Owner of the foreclosed Townhome
Lot.
9.6 Budget Deficits During Declarant Control. During the Declarant Control Period:
9.6.1 Declarant shall advance funds to the Townhome Association sufficient to satisfy
the deficit, if any, between the Townhome Association's actual operating expenses and the sum of the
Regular Annual, Special, and Specific Assessments collected by the Townhome Association in any fiscal
year.
9.6.2 Intentionally Deleted.
9.6.3 Declarant may acquire property for, or provide services to, the Townhome
Association or the Townhome Common Area. Declarant shall designate the value of the property or the
services provided, and such amounts, at Declarant's request, shall be evidenced by a promissory note.
Failure to obtain a promissory note shall not invalidate the obligation referred to in this Section.
9.7 Suitement of Account. Upon written request of any Member, Mortgagee, prospective
Mortgagee or prospective purchaser of a Townhome Lot, the Townhome Association shall issue a written
statement setting forth the amount of the unpaid assessments, if any, with respect to such Townhome Lot,
the amount of the current periodic assessment and the date on which such assessment becomes or became
due, and any credit for advanced payments or prepaid items. Such statement shall be delivered to the
requesting person personally or by certified mail, first-class postage prepaid, return receipt requested.
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The Townhome Association may require the payment of a reasonable processing fee for issuance of such
statement.
Such statement shall bind the Townhome Association in favor of persons who rely upon it in
good faith. Provided such request is made in writing, if the request for a statement of account is not
processed within fourteen (14) days of receipt of the request, all unpaid assessments that became due
before the date of making such request shall be subordinate to the lien of a Mortgagee that acquires its
interest after requesting such statement.
9.8 Exempt Property. The following property shall be exempt from payment of Regular Annual
Assessments, Specific Assessments, and Special Assessments:
9.8.1 all Townhome Common Area;
9.8.2 any property dedicated to and accepted by any governmental authority or public
utility; and
9.8.3 any and all property owned by Declarant (except as specifically set forth in
Article IX).
9.9 Initiation Fee. Upon transfer of legal or equitable title of any Townhome Lot, from
Declarant to another Owner (other than property conveyed by Declarant to the Townhome Association)
and from one Owner to another Owner, a contribution (the "Capital Contribution") shall be made by or
on behalf of the purchaser to the Townhome Association for the working capital of the Townhome
Association in an amount equal to Four Hundred and No/100 Dollars ($400.00) per Townhome Lot.
Following the termination of the Declarant Control Period, the Board may increase the amount of the
Capital Contribution but in no event shall the Board increase the Capital Contribution to be equal to more
than twice the amount paid each month for the Annual Assessment (or if Annual Assessments are paid
annually or quarterly, the equivalent of 1/6 or %Z of the annual or quarterly amount paid). These amounts
shall be in addition to, not in lieu of, the annual Regular Annual Assessment and shall not be considered
an advance payment of such assessments. These amounts may be increased or decreased in the sole and
exclusive discretion of the Board; provided that these amounts shall not exceed the amount of the
Regular Annual Assessment for the Townhome Lot for the then current fiscal year. These amounts shall
be deposited into the operating account of the Townhome Association for use in covering capital
maintenance, operating expenses and other expenses incurred by the Townhome Association pursuant to
this Declaration and the Bylaws. These amounts may be increased or decreased in the sole and exclusive
discretion of the Board; provided, however, that in no event shall this initial contribution equal more than
the annual Regular Annual Assessment for the year in which the transfer of title occurs. Notwithstanding
anything to the contrary herein, transfers between spouses or co -owners of any Townhome Lot, transfers
under a deed of trust, transfers to an estate as a result of death of an Owner, and reacquisition of any
Townhome Lot from an Owner by Declarant shall be exempt from this Section 9.9.
Article X Declarant Rights.
10.1 Reasonable Rights To Develop. Declarant and/or its contractors or transferees may construct
improvements to or within the Townhome Community including to the Townhome Lots. The completion
of such construction and the sale or other disposal of the Townhome Lots is essential to the establishment
and welfare of the Townhome Community. Therefore, during the Declarant Control Period, nothing in
this Declaration or the other Governing Documents shall be construed to:
10.1.1 prevent Declarant, or its contractors or subcontractors from doing whatever is
reasonably necessary or advisable in connection with the commencement or completion of the
.above -described work throughout the Townhome Community;
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10.1.2 prevent Declarant or its representatives from erecting, constructing, and
maintaining anywhere in the Townhome Community such structures as reasonably may be necessary for
the conduct of its business of completing the work, establishing Freeland Townhomes as a residential
Townhome Community and disposing of the Townhome Lots by sale, lease, or otherwise;
10.1.3 prevent Declarant from maintaining such signs and conducting such activities in
any part of the Townhome Community owned by Declarant or the Association as Declarant may deem to
be reasonably necessary for the sale, lease, or disposition of Townhome Lots; or
10.1.4 prevent Declarant from placing and utilizing on Townhome Lots or other
property which it owns one or more mobile trailers or temporary structures as sales offices or for
construction activities.
10.1.5 Prevent Declarant from subjecting all or any portion of the property described in
Exhibit A-1 to the terns, covenants, conditions and restrictions of this Declaration
Nothing in this Section shall give Declarant the right to damage any Townhome Lot or other
property not owned by Declarant.
10.2 Marketing and Sales Activities. During the Declarant Control Period, Declarant may
construct, relocate, maintain and carry on upon any Townhome Lot Declarant owns or upon portions of
the Townhome Common Area, such facilities and activities as may be reasonably required, convenient or
incidental to the construction, marketing or sale of Townhome Lots, as determined in Declarant's sole
opinion. Such facilities and activities may include, without limitation, business offices, signs, model
homes, and sales offices. There shall be no limit on the number or size of such facilities as it constructs.
Declarant shall have easements for access to and use of such facilities. Declarant reserves the right to
remove any personal property used in connection with its activities on the Townhome Common Area
upon termination of its rights under this Section.
10.3 Construction of Improvements. During the Declarant Control Period, Declarant and its
employees, agents and designees shall have a right of access and use and an easement over and upon all
of the Townhome Common Area for the purpose of making, constructing and installing such
improvements to the Townhome Common Area as it deems appropriate in its sole discretion.
10.4 Right to Approve Additional Covenants. During the Declarant Control Period, no person or
entity shall record any declaration of covenants, conditions and restrictions, or declaration of
condominium or similar instrument affecting any portion of the Townhome Community without
Declarant's prior written approval. Any instrument recorded without such consent shall be void and of no
force and effect unless Declarant subsequently consents in a Recorded Document.
10.5 Riglit to Transfer or AssiLn Declarant Rights. Any or all of Declarant's rights or obligations
set forth in this Declaration or the Bylaws may be transferred in whole or in part to other persons;
however, the transfer shall not reduce an obligation or enlarge a right beyond that which Declarant has
under this Declaration or the Bylaws. No such transfer or assignment shall be effective unless evidenced
by a Recorded Document. The foregoing sentence shall not preclude Declarant from permitting other
persons to exercise, on a one-time or limited basis, any right reserved to Declarant in this Declaration
where Declarant does not intend to transfer such right in its entirety. In such case it shall not be necessary
to record any written assignment unless necessary to evidence Declarant's consent to such exercise.
10.6 Exclusive Rights to Use Name of Development. During the Declarant Control Period, no
person or entity shall use the name "Freeland Townhomes" or any derivative of such name in any printed
or promotional material without Declarant's prior written consent. However, Owners may use the name
"Freeland Townhomes" in printed or promotional matter where such term is used solely to specify that
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particular property is located within the community and the Townhome Association shall be entitled to
use the words "Freeland Townhomes" in its name.
10.7 Right to Approve Chapoes in Townhome Communin Standards. During the Declarant
Control Period, no amendment to or modification of any Rules and Regulations shall be effective without
Declarant's prior written approval.
10.8 Easement to Inspect and Right to Correct.
10.8.1 Easement. Declarant reserves for itself and such other persons as it may
designate perpetual non-exclusive easements throughout the Townhome Community to the extent
reasonably necessary for the purposes of accessing, inspecting, testing, redesigning or correcting any
portion of the Townhome Community including Townhome Lots and Townhome Common Areas.
Declarant shall have the right to redesign or correct any part of the Townhome Community, including
Townhome Lots owned by Declarant and Townhome Common Areas.
10.8.2 Right of Entr,X. Entry onto a Townhome Lot shall be after reasonable notice,
except in an emergency. Entry into a structure on a Townhome Lot shall be only after Declarant notifies
the Townhome Lot's Owner and agrees with the Owner regarding a reasonable time to enter the
structures on such Townhome Lot to perform such activities.
10.8.3 Damage. Declarant shall promptly repair any damage to a Townhome Lot or the
Townhome Common Area resulting from the exercise of the easement or right of entry described in
subsections 10.8.1 and 10.8.2 of this Section at its own expense. The exercise of these easements shall
not unreasonably interfere with the use of any Townhome Lot, and entry onto any Townhome Lot shall
be made only after reasonable notice to the Owner or occupant.
10.9 Api_ iintment or Removal of Members of the Board and officers. During the Declarant
Control Period, Declarant shall have the right to appoint or remove any member of the Board or officer
of the Townhome Association.
10.10 Amendment to Declaration. During the Declarant Control Period, Declarant shall have the
right to amend or rescind and restate this Declaration by a Recorded Document, without approval or
joinder of the Townhome Association or any other Party.
10.11 Review of Design and Construction. During the Declarant Control Period, Declarant shall
have the right to control the design, quality, installation and construction of improvements within the
Townhome Community as provided in Article V above.
Article Xi Easements
11.1 Qpners'_Easements of Enjovment. Except as limited by this Declaration and the Planned
Community Act, every Owner shall have a right of use and enjoyment in and to the Townhome Common
Area which shall be appurtenant to and shall pass with the title to every Townhome Lot. Except as
limited by this Declaration and the Planned Community Act, any Owner may delegate his or her rights of
use and enjoyment of the Townhome Common Area to the members of his or her family, tenants,
contract purchasers who reside on the Townhome Property, or guests.
112 Emergency _ Escahe and Rescue Easement. Notwithstanding anything in this Declaration to
the contrary, no structures, sheds, fences, obstructions or barriers of any kind shall be placed in the
Emergency Escape and Rescue Easement Area that would block the flow of ingress and egress, to the
extent required by the North Carolina State Building Code: Residential Code and any other applicable
laws. Declarant hereby grants and creates an easement over, upon and through the Emergency Escape
and Rescue Easement Area for the purpose of providing access to the Townhome Lots for police, sheriff,
fire, ambulance and other emergency services.
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11.3 Walks and Utilities. All areas of the Townhome Community shall be subject to such
easements for walkways, water lines, sanitary sewers, storm drainage facilities and for the maintenance
of and general access to all water and sewer facilities, stonnwater control structures, gas lines, telephone'
and electric power lines, television antenna lines, other utilities, and related facilities, ingress, egress and
regress and otherwise as shall be established by Declarant or by its predecessor in title, prior to the
conveyance of the Townhome Property designated to be the Townhome Common Area to the Townhome
Association; and the Townhome Association shall have the power and authority to grant and establish
further easements upon, over, under, and across the Townhome Common Area. Declarant hereby grants
and creates an easement for water, sewer, electricity, gas, telecommunications and other utilities over,
upon and through the Townhome Property (but not any Townhome Building) for the purpose of
providing such utility services to each Townhome Lot in the location established and constructed by
Declarant for the benefit of each Owner, Occupant, the Townhome Association and any contractor,
subcontractor, materialmen, engineer or agent engaged by the Townhome Association in connection with
the Townhome Association performing its maintenance, repair and replacement obligations with respect
to such facilities.
11.4 Encroachments and Declarants Easement to Correct Drainage. All Townhome Lots and the
Townhome Common Area shall be subject to easements for the encroachment of initial improvements
constructed on any Townhome Lots or Townhome Common Area to the extent that such initial
improvements actually encroach, including, without limitation, such items as overhanging eaves, gutters,
downspouts, bay windows, steps and walls. For a period of twenty-five (25) years from the date of
conveyance of the first Townhome Lot, Declarant reserves a blanket easement and right-of-way on, over,
and under the Townhome Property to maintain and to correct drainage or surface water in order to
maintain reasonable standards of health, safety and appearance. Such rights expressly include the right
to cut any trees, bushes or shrubbery, make any gradings of the soil or take any other similar action
reasonably necessary. After such action has been completed, Declarant shall restore the affected
Townhome Property to its original condition to the extent practicable. Declarant shall give reasonable
notice of intent to take such action to all affected Owners. These rights and reservations are assignable
by Declarant.
11.5 Easement for En-,i-� Features. There is hereby reserved to Declarant and the Townhome
Association an easement for ingress, egress, installation, construction landscaping and maintenance of
entry features and similar streetscapes for the Townhome Community, over and upon each Townhome
Lot and all Townhome Common Area. The easement and right herein reserved shall include the right to
cut, remove and plant trees, shrubbery, flowers and other vegetation around such entry features and the
right to grade the land under and around such entry features.
11.6 Construction and Sale Period Easement. Notwithstanding any provisions contained in the
Declaration, the Bylaws, the Articles of Incorporation, use restrictions, rules and regulations, design
guidelines, and any amendments thereto, until Declarant's right unilaterally to subject property to this
Declaration terminates and thereafter so long as Declarant owns any property in the Townhome
Community for development or sale, Declarant reserves an easement across the Townhome Community
for Declarant and any builder or developer approved by Declarant to maintain and carry on development,
construction, and sales activities related to property within or near the Townhome Community, upon
such portion of the Townhome Community as Declarant may reasonably deem necessary. This reserved
easement shall include an easement for such facilities and activities which, in the sole opinion of
Declarant, may be required, convenient or incidental to the development, construction and sales activities
related to property within or near the Townhome Community. This easement shall include, without
limitation: (i) the right of access, ingress and egress for vehicular and pedestrian traffic and construction
activities over, under, on or in any portion of the Townhome Community as well as any Townhome Lot
in the Townhome Community; (ii) the right to tie into any portion of the Townhome Community with
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driveways, parking areas and walkways; (iii) the right to tie into or otherwise connect and use (without a
tap -on or any other fee for doing so), replace, relocate, maintain and repair any device which provides
utility or similar services; (iv) the right (but not the obligation) to construct recreational facilities on the
Townhome Common Area; (v) the right to carry on sales and promotional activities in the Townhome
Community; (vi) the right to place direction and marketing signs on any portion of the Townhome
Community, including any Townhome Lot or Townhome Common Area; and (vii) the right to construct
and operate business offices, signs, construction trailers, model residences, and sales offices incidental to
the construction, development and sales activities. Further, Declarant and any builder or developer
authorized by Declarant, may use residences, offices or other buildings owned or leased by Declarant or
such builder or developer as model residences and sales offices, and may also use recreational facilities
available for use by the Townhome Community as a sales office or for marketing purposes without
charge. Rights exercised pursuant to such reserved easement shall be exercised with a minimum of
interference to the quiet enjoyment of affected property, and reasonable steps shall be taken to protect
such property from damage. Any damage shall be repaired by the person causing the damage at its sole
expense. This section shall not be amended without Declarant's express written consent until
Declarant's rights hereunder have terminated as provided in this Declaration.
11.7 Intentionally Deleted,
11.8 Intentionally Deleted.
11.9 Easement to Government Entities. An easement is hereby established for municipal, State or
public utilities serving the area, their agents and employees, over all Townhome Common Area hereby or
hereafter established for setting, removing and reading utility meters, maintaining and replacing utility
connections, and acting with other purposes consistent with the public safety and welfare, including,
without limitation, garbage collection, mail delivery, police and fire protection.
11.10 Easement and Right of Entry for Repair. Maintenance and Reconstruction. If any dwelling is
located closer than four (4) feet from its lot line, the Owner thereof shall have a perpetual access
easement over the adjoining lot to the extent reasonably necessary to perform repair, maintenance or
reconstruction of his or her home. Such repair, maintenance or reconstruction shall be done
expeditiously and, upon completion of the work, the Owner shall restore the adjoining Townhome Lot to
as near the same condition as that which existed prior to the commencement of the work as is reasonably
practicable.
11.11 Pedestrian Easements. To the extent that they are not maintained by the Owners of those
portions of the Townhome Property on which they are located, the Townhome Association shall maintain
all pedestrian access easements and sidewalks required to be located on any portion of the Townhome
Property pursuant to subdivision plan approvals, zoning approvals and/or pursuant to plats of the
Townhome Property recorded in the register of deeds of the county in which the Townhome Property is
located, and/or pursuant to written maintenance agreements with the municipal or county authorities and
any other applicable Recorded Document.
Article XII Dispute Resolution and Limitation on Litigation.
12.1 Consensus for Townhome Association Liti- ition. Except as provided in this Section, the
Townhome Association shall not commence a judicial or administrative proceeding without the approval
of Members representing at least sixty-seven (67%) percent of the total votes of the Townhome
Association. This Section shall not apply, however, to (a) actions by the Townhome Association to
enforce the Governing Documents (including, without limitation, the imposition of fines, the suspension
of privileges or services or the foreclosure of liens); (b) the collection of assessments; (c) proceedings
involving challenges to ad valorem taxation; or (d) counterclaims brought by the Townhome Association
in proceedings instituted against it. This Section shall not be amended unless such amendment is
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approved by the percentage of votes, and pursuant to the same procedures, necessary to institute
proceedings as provided above.
Prior to the Townhome Association or any Member commencing any judicial or
administrative proceeding to which Declarant is a parry and which arises out of an alleged defect in the
Townhome Community or any improvement constructed thereon, Declarant shall have the right to meet
in good faith and discuss the subject of the proceeding with the Members or the particular Member, and
to access, inspect, correct the condition of or redesign any portion of the Townhome Community,
including any improvement as to which a defect is alleged. In addition, the Townhome Association or
the Member shall notify the builder who constructed such improvements prior to retaining any other
expert witness or for other litigation purposes.
12.2 Alternative .Method for Resolving Disputes. Declarant, the Townhome Association, its
officers, directors and committee members, all Persons subject to this Declaration, any builder within the
Townhome Community, and any Person not otherwise subject to the Declaration who agrees to submit to
this Article (individually referred to as a "Bound Party" and collectively, "Bound Parties") agree to
encourage the amicable resolution of disputes involving the Townhome Community without the
emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees to use
good faith efforts to resolve those claims, grievances, or disputes described in Section 12.3 ("Claims")
using the procedures set forth in Section 12.4 hereof.
12.3 Claims. Unless specifically exempted below, all Claims arising out of or relating to the
interpretation, application, or enforcement of the Governing Documents, or the rights, obligations, and
duties of any Bound Party under the Governing Documents or relating to the design or construction of
improvements in the Townhome Community (other than matters of aesthetic judgment under Article V,
which shall not be subject to review) shall be subject to the provisions of Section 12.4.
Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not
be Claims and shall not be subject to the provisions of Section 12.4:
12.3.1 any suit by Declarant and/or Townhome Association against any Bound Party to
enforce the provisions of this Declaration;
12.3.2 any suit by Declarant, Townhome Association or any Owner to obtain a
temporary restraining order (or equivalent emergency equitable relief) and such other ancillary relief as
the court may deem necessary in order to maintain the status quo and preserve the party's ability to
enforce the provisions of this Declaration;
12.3.3 any suit between Owners, which does not include Declarant or the Townhome
Association as a party, if such suit asserts a Claim which would constitute a cause of action independent
of the Governing Documents;
12.3.4 any suit in which any indispensable party is not a Bound Party; and
12.3.5 any suit as to which any applicable statute of limitations would expire within one
hundred eighty (180) days of giving the Notice required by Section 12.4.1 unless the party or parties
against whom the Claim is made agree to toll the statute of limitations as to such Claim for such period
as may reasonably be necessary to comply with this Article.
With the consent of all parties thereto, any of the above may be submitted to the alternative
dispute resolution procedures set forth in Section 12.4.
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12.4 _Mandator• Procedures.
12.4.1 Notice. Any Bound Party having a Claim ("Claimant") against any other Bound
Party ("Respondent") (collectively, the "Parties") shall notify each Respondent in writing (the
"Notice"), stating plainly and concisely:
12.4.1.1 the nature of the Claim, including the Persons involved and Respondent's
role in the Claim;
12.4.1.2 the legal basis of the Claim (i.e., the specific authority out of which the
Claim arises);
12.4.1.3 Claimant's proposed remedy; and
12.4.1.4 that Claimant will meet with Respondent to discuss in good faith ways to
resolve the Claim.
12.4.2 Negotiation and Mediation.
12.4.2.1 The Parties shall make every reasonable effort to meet in person and
confer for the purpose of resolving the Claim by good faith negotiation, If requested in writing,
accompanied by a copy of the Notice, the Board may appoint a representative to assist the Parties in
negotiation.
12.4.2.2 If the Parties do not resolve the Claim within thirty (30) days of the date
of the Notice (or within such other period as may be agreed upon by the Parties) ("Termination of
Negotiations"), Claimant shall have thirty (30) additional days to submit the Claim to mediation under
an independent agency providing dispute resolution services in Mecklenburg County or surrounding
areas.
12.4.2.3 If Claimant does not submit the Claim to mediation within such time, or
does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and Respondent
shall be released and discharged from any and all liability to Claimant on account of such Claim;
however, nothing herein shall release or discharge Respondent from any liability to any Person other than
the Claimant.
12.4.2.4 Any settlement of the Claim through mediation shall be documented in
writing by the mediator and signed by the Parties. If the Parties do not settle the Claim within thirty (30)
days after submission of the matter to the mediation, or within such time as determined by the mediator,
the mediator shall issue a notice of termination of the mediation proceedings ("Termination of
Mediation"). The Termination of Mediation notice shall set forth that the Parties are at an impasse and
the date that mediation was terminated.
12.4.2.5 Within five (5) days after the Termination of Mediation, the Claimant
shall make a final written demand ("Settlement Demand") to the Respondent, and the Respondent shall
make a final written settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to make
a Settlement Demand, Claimants' original Notice shall constitute the Settlement Demand. If the
Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made a "zero" or "take
nothing" Settlement Offer.
12.4.3 Final and BindinL1. Arbitration.
12.4.3.1 If the Parties do not agree in writing to a settlement of the Claim within
fifteen (15) days after the Termination of Mediation, the Claimant shall have fifteen (15) additional days
to submit the Claim to arbitration in accordance with the rules of arbitration promulgated or observed by
the agency providing the arbitrator. If not timely submitted to arbitration or if the Claimant fails to appear
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for the arbitration proceeding, the Claim shall be deemed abandoned, and Respondent shall be released
and discharged from any and all liability to Claimant arising out of such Claim; however, nothing herein
shall release or discharge Respondent from any liability to parties other than Claimant.
12.4.3.2 This subsection 12.4.3.2. is an agreement to arbitrate and is specifically
enforceable under any applicable arbitration laws of the State of North Carolina. The arbitration award
("Award") shall be final and binding, and judgment may be entered upon it in any court of competent
jurisdiction to the fullest extent permitted under the laws of North Carolina.
12.5 Allocation of Costs of Resolving Claims.
12.5.1 Subject to Section 12.5.2, each Party shall bear its own costs, including
attorneys' fees, and each Parry shall share equally all charges rendered by the mediator(s) and all filing
fees and costs of conducting the arbitration proceeding ("Post Mediation Costs").
12.5.2 Any Award that is equal to or more favorable to Claimant than Claimant's
Settlement Demand shall add Claimant's Post Mediation Costs, including reasonable attorney's fees, to
the Award, such costs to be borne equally by all Respondents. Any Award that is equal to or less
favorable to Claimant than any Respondents' Settlement Offer shall award such Respondent its Post
Mediation Costs, including reasonable attorney's fees.
12.6 Enforcement of Resolution. If the Parties agree to a resolution of any Claim through
negotiation or mediation in accordance with Section 12.4 and any Party thereafter fails to abide by the
terms of such agreement, or if any Party fails to comply with an Award, then any other Party may file suit
or initiate administrative proceedings to enforce such agreement without the need to again comply with
the procedures set forth in Section 12.4. In such event, the Party taking action to enforce the agreement
shall be entitled to recover from the non -complying Party (or if more than one non -complying Party, from
all such Parties pro rata) all costs incurred in enforcing such agreement, including, without limitation,
attomeys' fees and court costs.
Article XIII Mortgagee Provisions.
The following provisions are for the benefit of holders, insurers, and guarantors of First
Mortgages on Townhome Lots in the Townhome Community. The provisions of this Article apply to
both this Declaration and to the Bylaws, notwithstanding any other provisions contained therein.
13.1 Notices of Action. An institutional holder, insurer, or guarantor of a First Mortgage which
provides a written request ("Eligible Holder Request") to the Townhome Association, such request to
state the name and address of such holder, insurer, or guarantor and the street address of the Townhome
Lot to which its Mortgage relates, thereby becoming an ("Eligible Holder"), shall be entitled to timely
written notice of:
13.1.1 any condemnation loss or any casualty loss which affects a material portion of
the Townhome Community or which affects any Townhome Lot on which there is a First Mortgage held,
insured, or guaranteed by such Eligible Holder;
13.1.2 any delinquency in the payment of assessments or charges owed by a Townhome
Lot subject to the Mortgage or such Eligible Holder, where such delinquency has continued for a period
of sixty (60) days, or any other violation of the Governing Documents relating to such Townhome Lot or
the Owner or occupant which is not cured within sixty (60) days of receiving notice of such violation;
13.1.3 any lapse, cancellation or material modification of any insurance policy the
Townhome Association maintains; or
13.1.4 any proposed action which would require the consent of a specified percentage
of Eligible Holders.
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13.2 No Priority. No provision of this Declaration or the Bylaws gives or shall be construed as
giving any Owner or other parry priority over any rights of the First Mortgagee of any Townhome Lot in
the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a
taking of the Townhome Common Area.
13.3 Notice to Townhome Association. Upon request, each Owner shall be obligated to furnish to
the Townhome Association the name and address of the holder of any Mortgage encumbering such
Owners' Townhome Lot.
13.4 Failure of Mortaagee To Respond. Any Mortgagee who receives a written request from the
Board to respond to or consent to any action shall be- deemed to have approved such action if the
Townhome Association does not receive a written response from the Mortgagee within thirty (30) days
after the date of the Townhome Association's request, provided such request is delivered to the
Mortgagee by certified or registered mail, return receipt requested to the address of Mortgagee provided
to the Townhome Association in the Eligible Holder Request.
13,5 Construction of Article XIU. Nothing contained in this Article shall be construed to reduce
the percentage vote that must otherwise be obtained under this Declaration, the Bylaws, or the Planned
Community Act for any of the acts set out in this Article.
Article XIV Changes in Townhome Common Area
14.1 Condemnation. If a Townhome Lot or portion thereof shall be taken by eminent domain, any
compensation related to and the Owners' interests in the Townhome Common Area shall be
appropriately allocated among all other Owners. If any part of the Townhome Common Area shall be
taken (or conveyed in lieu of and under threat of condemnation by the Board acting on the written
direction of Members representing at least sixty-seven (67%) percent of the total votes in the Townhome
Association) by any authority having the power of condemnation or eminent domain, each Owner shall
be entitled to written notice of such taking or conveyance prior to disbursement of any condemnation
award or proceeds from such conveyance. Such award or proceeds shall be payable to the Townhome
Association to be disbursed as follows:
14.1.1 If the taking or conveyance involves a portion of the Townhome Common Area
on which improvements have been constructed, the Townhome Association shall restore or replace such
improvements on the remaining Townhome Common Area to the extent available, unless within sixty
(60) days after such taking Declarant, during the Declarant Control Period, and Members representing at
least eighty (80%) percent of the total votes in the Townhome Association shall otherwise agree. Any
such construction shall be in accordance with plans approved by the Board. The provisions of Article IX
regarding funds for restoring improvements shall apply.
14.1.2 If the taking or conveyance does not involve any improvements on the
Townhome Common Area, if a decision is made not to repair or restore, or if net funds remain after any
such restoration or replacement is complete, then such award or net fimds shall be disbursed to the
Townhome Association and used for such purposes as the Board shall determine.
14.2 Transfer, Partition, or Encumbrance of Townhome Common Area.
14.2.1 Except as this Declaration otherwise specifically provides, the Townhome
Common Area shall not be judicially partitioned or subdivided into Townhome Lots, nor shall the
ownership of the Townhome Common Area be otherwise divided or encumbered in any manner after
conveyance to the Townhome Association, except upon the approval of Members representing at least
eighty (80%) percent of the total votes in the Townhome Association, including a majority of the votes
held by Members other than Declarant, and the consent of Declarant if during the Declarant Control
Period.
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14.2.2 The Townhome Association shall have the authority, subject to approval of
Members representing a majority of the total votes in the Townhome Association, including a majority of
the votes held by Members other than Declarant, and the consent of Declarant, if during the Declarant
Control Period, to transfer portions of the Townhome Common Area and improvements thereon to
appropriate governmental entities or tax-exempt organizations for the maintenance, operation, and
preservation thereof, provided, any such transfer shall not relieve such Townhome Common Area from
the rights and benefits of the Townhome Association and the Members as provided in this Declaration
and shall otherwise be subject to the provisions of this Declaration.
Article XV Fines and Suspension of Privileges or Services.
Notwithstanding any other provision herein, the Board may impose fines on an Owner
and/or suspend an Owners' right and privilege to use certain Townhome Common Area for failure of
that Owner, his/her/its lessees, agents or invitees, to abide by this Declaration, the Rules and Regulations
or the administrative rules and regulations governing Townhome Common Area. The procedure for the
Board to do so shall be as set forth in the Bylaws. The Board shall not impose any such fine or
suspension unless and until the Owner charged has been given notice of the charge, opportunity to be
heard by and present evidence to the Board and notice of the Board's decision. Suspensions may be
imposed for a reasonable period of time and/or until a violation or delinquency is cured.
Article XVI Miscellaneous
16.1 Parties Bound. All persons and entities acquiring any interest in any of the Townhome Lots,
including but not limited to lessees, shall be bound by the provisions of this Declaration. All guests and
invitees of such persons and entities, and any other occupants of any of the Townhome Lots, shall
likewise be bound.
16.2 Duration. The provisions of this Declaration shall nun with and bind the Property
perpetually, unless and until the Townhome Community is terminated pursuant to N.C.G.S. Section 47F-
2-118.
16.3 Amendment. Except as provided in Section 10.10 above, this Declaration may be amended
only by a written instrument executed by the Townhome Association and authorized by the affirmative
vote of at least sixty-seven percent (67%) of all Townhome Lots, cast in person or by proxy at a meeting
held in accordance with the Bylaws of the Townhome Association. Any amendment must be recorded to
be effective.
16.4 Enforcement. Subject to the provisions of Article XII above, Declarant, any Owner and/or
the Townhome Association shall have the right to enforce, by any proceeding at law or in equity, all
restrictions, conditions, covenants and obligations imposed by this Declaration. Subject to the provisions
of Article XII above, Declarant, the Townhome Association or any Owner may bring any action
necessary to enjoin any violation or breach of the provisions of this Declaration. Declarant, the
Townhome Association and/or any Owner shall be entitled to recover reasonable attorney's fees incurred
in bringing and prosecuting such action from the breaching or violating Owner(s).
16.5 Failure to Enforce Not a Waiver. The failure to enforce any right, reservation, covenant or
restriction contained in this Declaration, however long continued, shall not be deemed a waiver of the
right to do so thereafter.
16.6 Assignment by Declarant. Any or all of the rights, powers, easements, functions and
obligations reserved or given to Declarant in this Declaration may be assigned to the Townhome
Association, and the Townhome Association shall accept and assume responsibility for any or all such
rights, powers, easements, functions and obligations when requested by Declarant. Any such assignments
or transfer shall be made by a Recorded Document, executed by both Declarant and the Townhome
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Association, and the Townhome Association shall thereupon have the same rights and powers and be
subject to the same obligations and duties as are herein given to and assumed by Declarant. Declarant,
but not the Townhome Association, shall thereupon be released from such obligations and duties.
16.7 Notice of Conveyance. In the event an Owner sells such Owner's Townhome Lot or title to a
Townhome Lot is otherwise conveyed, the Owner shall give to the Townhome Association, in writing,
prior to the effective date of such conveyance, the name of the purchaser or grantee of the Townhome
Lot and such other information as the Townhome Association may reasonably require. Upon acquisition
of a Townhome Lot, each new Owner shall give the Townhome Association, in writing, the name and
mailing address of the Owner and such other information as the board may reasonably require.
16.8 Variances. Notwithstanding anything to the contrary contained herein, Declarant and/or the
Townhome Association or its designee shall be authorized to grant individual variances from any of the
provisions of this Declaration, the Bylaws and any rule, regulation or use restriction promulgated
pursuant thereto if Declarant or the Townhome Association determine that waiver of application or
enforcement of the provision in a particular case would not be inconsistent with the overall scheme of
development for the Townhome Community.
16.9 Severabilit.. Invalidation of any one of these covenants or restrictions by judgment or court
order shall not affect any of the other provisions of this Declaration, which shall remain in full force and
effect.
16.10 Captions. The captions herein are inserted only as a matter of convenience and for reference,
and shall not be construed to define, limit or describe the scope of any provision of this Declaration.
16.11 Law Controllin¢. This Declaration shall be construed and governed pursuant to the laws of
North Carolina.
16.12 References to Statutes. All references herein to any statutory provision shall be construed to
include and apply to any subsequent amendments to or replacements of such provision.
16.13 Conflicts. In the event of any conflict between this Declaration and other Governing
Documents, the terms of this Declaration shall control.
Article WII Expansion of the Townhome Community
17.1 E_ ,)ansion b% Declarant. Until all property described in Exhibit A-1 has been subjected to
this Declaration or twenty (20) years after the Recording of this Declaration, whichever is earlier,
Declarant reserves the right, but not the obligation, to subject unilaterally to the provisions of this
Declaration all or any portion of the real property described in Exhibit A-1 which Declarant currently
owns or to which Declarant may obtain title in the future. Declarant may transfer or assign this right to
subject property to this Declaration, provided that the transferee or assignee is the developer of or owns
at least a portion of the real property described in Exhibit A-1, provided that the transfer or assignment is
evidenced by a Recorded Document.
Declarant shall subject additional property to this Declaration by recording an Annexation
Declaration describing the property being subjected. Such Annexation Declaration shall not require the
Members' consent but shall require the consent of the owner of such property, if other than Declarant.
Any such annexation shall be effective upon the recording of such Annexation Declaration unless
otherwise provided therein.
17.2 Expansion by the Association. Upon termination of the Declarant Control Period, the
Townhome Association may subject any real property to the provisions of this Declaration with the
consent of the owner of such property, if authorized by the affirmative vote of Members representing
sixty-seven percent (671/o) of the total existing votes in the Townhome Association.
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33158.4017
4858-3088-8807, v. 3

The Townhome Association shall subject such property by recording an Annexation
Declaration describing the property being subjected. Any such Annexation Declaration shall be
executed by the Townhome Association and the owner of the subject property, and shall be certified by
the Secretary of the Townhome Association to have been authorized by the requisite vote of the
Members of the Townhome Association. Such additional property may be subjected to such additional
easements, covenants and conditions as Declarant or Townhome Association may deem necessary and
shall be set forth in a Supplemental Declaration which shall be recorded in the Mecklenburg County
Registry
SIGNATURE FOLLOWS ON NEXT PAGE
33
33158.4017
4868-3066-8907, v. 3

IN WITNESS WHEREOF, Copper Builders, LLC, as Declarant hereunder, caused this
instrument to be executed by its duly authorized Manager, all by order and authority duly granted,
effective as of the day and year first above written.
DECLARANT:
COPPER BUILDERS, LLC, a North Carolina limited
liability company,
By:
Name: �% t
Tide: C-rr a f`
STATE OF u t3 Ct 1 \ N f d 1 ! 'n Ok
COUNTYOF McCK(Cn60
I, M . L o v t r � L ; n d �jrig , a Notary Public of the County and State aforesaid, certify
that t personally appeared before me this day and acknowledged that he is a
Manager of COPPER BUILDERS, LLC, a North Carolina limited liability company, and that he, being
duly authorized to do so, executed the foregoing for and on behalf of said company in the capacity
indicated. k`1
Witness my hand and official stamp or seal, this � day of 2023.
NOTARY SEAL
M LAVERN LINDBERG Signature ofNotary Public
NOTARY PUE LIC Print Name: M. L
gt * Cowry. Noah Cmdina
My Commission Expires:
34
33168.4017
4W8-306"907, v. 3
IV4

EXHIBIT A
Land Initially Submitted
All those certain pieces, parcels and lots of land lying, being and situate in the City of Charlotte,
Mecklenburg County, North Carolina bounded on the west by Ellenwood Place, and on the south by
Freeland Lane consisting of a total of 0.725 acres including Lots 1 through 15, Common Area, 10' Class
`C' Landscape Buffer and SUE, all as shown on that certain plat recorded in Book 72, Page 278 of the
Mecklenburg County Public Registry
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33158.4017
4858-3068-8907, v. 3

EXMBIT A-1
Land Sub iect to Annexation in Future
Any land which is adjacent to the land described in Exhibit A.
36
33158.4017
4858-3088-8907, v. 3

EXHIBIT B
Initial Rules and Regulations
The following restrictions shall apply to all of the Townhome Community until such time as they
are amended, modified, repealed, or limited pursuant to Article IV of the Declaration:
1. General. The Townhome Community shall be used only for residential, recreational, and
related purposes (which may include, without limitation, an information center and/or a sales office for
Declarant or a builder as approved in advance by Declarant to assist in the sale of any property or portion
thereof as described in Exhibit A, offices for any property manager retained by the Townhome
Association, and business offices for Declarant or the Townhome Association) consistent with this
Declaration and any amendments hereto.
2. Restricted Activities. The following activities are prohibited within the Townhome
Community unless expressly authorized by, and then subject to such conditions as the Board may
impose:
(a) Parking any vehicles within the Townhome Community; however, this restriction shall
not apply to Declarant's activities in connection with its construction activities;
(b) Raising, breeding or keeping animals, livestock or poultry of any kind, except that a
reasonable number of dogs, cats (the combined number of dogs and cats not to exceed three) or other
usual and common household pets may be permitted on a Townhome Lot. Any animal which, makes
objectionable noise or, in the Board's judgment, constitutes a nuisance or inconvenience to the occupants
of other Townhome Lots, shall be removed by the owner upon the Board's request. If the pet owner fails
to honor such request, the Board may remove the pet. Aggressive breeds of dogs shall not be allowed
within the Townhome Community. Dogs shall be kept on a leash or otherwise confined in a manner
acceptable to the Board whenever outside the dwelling. Owners shall clean up behind any Pet while
walking such Pet on any Townhome Common Area. Pets shall be registered, licensed, and inoculated as
required by law;
(c) Any activity that emits foul or obnoxious odors outside the Townhome Lot or creates
noise or other conditions, which tend to disturb the peace or threaten the safety of the occupants of other
Townhome Lots;
(d) Any activity that violates local, state, or federal laws or regulations; provided, the
Board shall have no obligation to take enforcement action in the event of a violation;
(e) Pursuit of hobbies or other activities, which tend to cause an unclean, unhealthy, or
untidy condition to exist outside of enclosed structures on the Townhome Lot;
(f) Any noxious or offensive activity (including, without limitation, barking dogs) which
in the reasonable determination of the Board tends to cause embarrassment, discomfort, annoyance, or
nuisance to persons using the Townhome Common Area or to the occupants of other Townhome Lots;
(g) Outside burning of trash, leaves, debris, or other materials, except during the normal
course of constructing a dwelling on a Townhome Lot;
(h) Use or discharge of any radio, loudspeaker, horn, whistle, bell, or other sound device
so as to be audible to occupants of other Townhome Lots, except alarm devices used exclusively for
security purposes;
(i) Use and discharge of firecrackers and other fireworks;
0) Dumping grass clippings, leaves, or other debris, petroleum products, fertilizers, or
other potentially hazardous or toxic substances in any drainage ditch, detention pond or facility, or
37
33158.4017
4858-3068-5907, v. 3

elsewhere within the Townhome Community, except that fertilizers may be applied to landscaping on
Townhome Lots and Townhome Common Areas provided care is taken to minimize runoff, and
Declarant and Declarant's builders may dump and bury rocks and trees removed from a building site on
such building site;
(k) Accumulation of rubbish, trash, or garbage except between regular garbage pick ups,
and then only in the approved containers to be located at all times within the Dumpster Enclosure except
on the designated trash pick up day when they shall be moved to the designated trash pick up staging area
and moved back to the enclosure prior to the end of the day;
(1) Obstruction or rechanneling drainage flows after location and installation of drainage
swales, storm sewers, or storm drains, except that Declarant and the Townhome Association shall have
such right; provided, the exercise of such right shall not materially diminish the value of or unreasonably
interfere with the use of any Townhome Lot without the Owners' consent;
(m) Subdivision of a Townhome Lot into two or more Townhome Lots, or changing the
boundary lines of any Townhome Lot after a subdivision plat including such Townhome Lot has been
approved and recorded, except that Declarant shall be permitted to subdivide or replat Townhome Lots it
owns;
(n) Intentionally Deleted;
(o) Intentionally Deleted;
(p) Discharge of firearms; provided, the Board shall have no obligation to take action to
prevent or stop such discharge;
(q) On -site storage of gasoline, heating, or other fuels, except that the Townhome
Association shall be permitted to store fuel for operation of maintenance equipment;
(r) Any business, trade, or similar activity, except that an Owner or occupant residing in a
Townhome Lot may conduct business activities within the Townhome Lot so long as: (i) the existence or
operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the
Townhome Lot; (ii) the business activity conforms to all zoning requirements for the Townhome
Community; (iii) the business activity does not involve door-to-door solicitation of residents of the
Townhome Community; (iv) the business activity does not, in the Board's judgment, generate a level of
vehicular or pedestrian traffic or a number of vehicles being parked within the Townhome Community
which is noticeably greater than that which is typical of Townhome Lots in which no business activity is
being conducted; and (v) the business activity is consistent with the residential character of the
Townhome Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten
the security or safety of other residents within the Townhome Community, as may be determined in the
Board's sole discretion.
The terms "business" and "trade," as used in this provision, shall be construed to have their
ordinary, generally accepted meanings and shall include, without limitation, any occupation, work, or
activity undertaken on an ongoing basis which involves the provision of goods or services to persons
other than the provider's family and for which the provider receives a fee, compensation, or other form of
consideration, regardless of whether: (i) such activity is engaged in full or part-time, (ii) such activity is
intended to or does generate a profit, or (iii) a license is required.
Leasing of a Townhome Lot shall not be considered a business or trade within the meaning of
this subsection. This subsection shall not apply to any activity conducted by Declarant or a builder
approved by Declarant with respect to its development and sale of the Townhome Community or its use
of any Townhome Lots which it owns within the Townhome Community;
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33158.4017
4858-3068-8907, v. 3

(s) Capturing, trapping, or killing of wildlife within the Townhome Community, except in
circumstances posing an imminent threat to the safety of persons using the Townhome Community;
(t) Any activities which materially disturb or destroy the vegetation, wildlife, wetlands, or
air quality within the Townhome Community;
(u) Conversion of any patio or porch to finished space for use as an apartment or other
integral part of the living area on any Townhome Lot without prior approval pursuant to Article V;
(v) Intentionally Deleted;
(w) Any construction, erection, placement, or modification of any thing, permanently or
temporarily, on the outside portions of the Townhome Lot, whether such portion is improved or
unimproved, except in strict compliance with the provisions of Article V of the Declaration. This shall
include, without limitation, landscaped or grassed areas; signs; basketball hoops, swing sets, and similar
sports and play equipment; clotheslines; garbage cans; woodpiles; and hedges, walls, dog runs, animal
pens, or fences of any kind; and
(x) Hanging of sheets, towels, clothes or laundry in windows or anywhere on a Townhome
Lot so as to be visible from any roadway or any other Townhome Lot.
3. Prohibited Conditions. The following shall be prohibited within the Townhome Community:
(a) Plants, animals, devices, or other things of any sort whose activities or existence in any
way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the
enjoyment of the Townhome Community;
(b) Structures, equipment, or other items on the exterior portions of a Townhome Lot which
have become rusty, dilapidated, or otherwise fallen into disrepair,
(c) Installation of any sprinkler or irrigation systems or wells of any type, other than those
initially installed by Declarant or a Declarant approved builder, or otherwise approved in advance by
Declarant or the Architectural Review Committee; and
(d) Satellite dishes, antennas, and similar devices for the transmission of television, radio,
satellite, or other signals of any kind, except that Declarant and the Townhome Association shall have the
right, without obligation, to erect or install and maintain any such apparatus for the benefit of all or a
portion of the Townhome Community; and (i) satellite dishes designed to receive direct broadcast
satellite service which are one meter or less in diameter; (ii) satellite dishes designed to receive video
programming services via multi point distribution services which are one meter or less in diameter or
diagonal measurement; or (iii) antennas designed to receive television broadcast signals ((i), (ii), and
(iii), collectively, "Permitted Devices") shall be permitted-, however, the placement of any such
Permitted Device must be approved in advance in writing by Declarant or the Townhome Association.
4. Leasing of Townhome Lots. "Leasing," for purposes of this Paragraph, is defined as regular,
exclusive occupancy of a Townhome Lot by any person, other than the Owner for which the Owner
receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument.
All leases shall be in writing. No Owner shall lease any Townhome Lot without first providing all lessees
with copies of the Governing Documents. Each lease shall require all lessees to acknowledge receipt of
copies of all of the Governing Documents and to comply with and adhere to all of the Governing
Documents. A true copy of each executed lease, together with such additional information as may be
required by the Board, shall be given to the Board by the Townhome Lot Owner within ten (10) days
after request by the Board for a copy of same.
39
33158.4017
4858-306"907, v. 3

EXHIBIT C
Zonim Plan
40
33158.4017
4858-3068-8907, v. 3

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CONSENT AND SUBORDINATION OF LENDER
The undersigned, PINNACLE BANK, a Tennessee banking corporation ("Lender"), as successor
to Bank of North Carolina, is the beneficiary of that certain Deed of Trust executed by COPPER
BUILDERS, LLC, a North Carolina limited liability company (the "Borrower") to HUGH M.
QUEENER (as substitute to BNC Credit Corp) ("Trustee"), which is dated and recorded on July 23, 2015,
in Book 30150, Page 162, Register of Deeds of Mecklenburg County, North Carolina (the "Registry"), as
supplemented by Supplemental Deed of Trust dated and recorded on November 30, 2023 in Book 38510,
Page 916 of the Registry (collectively, the "Deed of Trust').
Lender hereby consents to and subordinates the Deed of Trust to the Declaration of Creation of
Freeland Townhomes, a North Carolina Planned Community dated December (T, 2023 (the
"Declaration") to which this Consent and Subordination is attached, and Lender agrees that all of its right,
title and interest in and to the real property described therein by virtue of the Deed of Trust shall be
subordinate to the terms and provisions of the foregoing Declaration, except that (i) this subordination shall
not be applicable to any liens or assessments created or arising under the Declaration, (ii) no violation of
the Declaration shall defeat or render invalid the lien of the Deed of Trust, and (iii) should Lender acquire
title to the property secured by the Deed of Trust, any liability Lender might have under the Declaration
shall be non -recourse except to the extent of its interest in such property. The Declaration shall survive any
foreclosure, deed in lieu of foreclosure and/or exercise of any remedy by Trustee or Lender pursuant to the
Deed of Trust. The execution of this Consent and Subordination by the Lender shall not be deemed or
construed to have the effect of creating any relationship of partnership or of joint venture nor shall anything
contained herein be deemed to impose upon the Lender any of the liabilities, duties or obligations of
Declarant (as defined in the Declaration) under the Declaration. Lender executes this Consent and
Subordination solely for the purposes set forth herein.
[signature appears on the following page]
4867-1399-7972, v. 1

IN WITNESS WHEREOF, Lender has caused this Consent and Subordination of Lender to be
executed by its duly authorized officer the day and year first above written.
LENDER:
PINNACLE BAN a Tenne a king corporation
By:
Name: AAvr wA-cs
Title: S v P
STATE OF
• • i� __ � :%ram
I
I certify that the following person personally appeared before me this day, acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: � a W r-t
(name and title of signatory)
Date: _ �)Z[.4's-v �6, a04A%1
[Affix Official Seal
PAY
j
. (772� Notary Public
P 'nt -�v�
M mission expires: 014, t�� •ao;C
4857-1399-7972, v. 1