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HomeMy WebLinkAboutSW8950109_Historical File_19990729 July 29, 1999 M .Cathie Johnston, Interim HOA President Georgetowne Homeowner's Association 5022 Wrightsville Avenue Wilmington,NC 28403 Subject: Permit No. SW8 950109 Modification Georgetowne Subdivision High Density Subdivision Stormwater Project New Hanover County Dear Ms. Johnston: The Wilmington Regional Office received a complete modification to the Stormwater Management Permit Application for Georgetowne Subdivision on June 18, 1999. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 21-1.1000. We are forwarding Permit No. SW8 950109 Modification, dated July 29, 1999,for the construction of the project, Georgetowne Subdivision. This permit shall be effective from the date of issuance until July 29, 2009, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. This permit supercedes the one issued on November 27, 1996. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910)395-3900. Sincerely, Rick Shiver Water Quality Regional Supervisor RSS/:arl S:\WQS\STORMWAT\PERMIT\950109.JUL cc: Perry Davis,P.E. Tony Roberts,New Hanover County Inspections Beth Easley,New Hanover County Engineering Linda Lewis Wilmington Regional Office Central Files State Stormwater Management Systems Permit No. SW8 950109 Modification STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Georgetowne Homeowner's Association Georgetowne Subdivision New Hanover County FOR THE construction, operation and maintenance of a wet detention pond in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until July 29, 2009 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The subdivision is permitted for 164 lots, each allowed 5,000 square feet of built-upon area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. The approved plans include the pond layout and detail sheet, C15 of 21, Revision N, dated August 25, 1995, from the November 27, 1996 permit. 2 State Stormwater Management Systems Permit No.SW8 950109 Modification DIVISION OF WATER QUALITY PROJECT DATA SHEET Project Name: Georgetowne Subdivision Permit Number: SW8 950109 Modification Location: New Hanover County Applicant: Ms. Cathie Johnston, Interim HOA President Mailing Address: Georgetowne Homeowner's Association 5022 Wrightsville Avenue Wilmington,NC 28403 Application Date: June 18, 1999 Name of Receiving Stream/Index#: Barnards Creek/ (CFR 18-80) Classification of Water Body: "C Sw" If Class SA, chloride sampling results: n/a Design Storm: 1" Pond Depth, feet: 7.5 Permanent Pool Elevation, FMSL: 15.75 Total Impervious Surfaces, ft2: 1,116,176 164 lots at 5,000 ft2: 715,000 Roads/Parking, ft2 380,913 Other, ft2 20,263 Offsite Area entering Pond, ft2: None,per Engineer Required Surface Area, ft2: 29,865 Provided Surface Area, ft2: 55,738 Required Storage Volume, ft3: 98,796 Provided Storage Volume, ft3: 283,156 Temporary Storage Elevation, FMSL: 20 Controlling Orifice: 6" diameter pipe 3 State Stormwater Management Systems Permit No. SW8 950109 Modification II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built-upon area does not exceed the allowable built-upon area. Once the lot transfer is complete, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built-upon area limit is transferred to the individual property owner. 3. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision of the project area. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 4. The Director may determine that other revisions to the project should require a modification to the permit. 5. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 6. The stormwater management system shall be constructed in it's entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface except roads. 7. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 8. The permittee grants permission to DENR Staff to enter the property for the purposes of inspecting the project for compliance with the conditions of this permit. 9. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. Decorative spray fountains will not be allowed in the stormwater management system. 11. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 12. Prior to transfer of ownership, the pond must be inspected by DWQ personnel, and determined to be in compliance with all permit conditions. Records of maintenance activities will be required. 4 State Stormwater Management Systems Permit No. SW8 950109 Modification 13. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device and catch basins and piping. g. Access to the outlet structure must be available at all times. 14. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 15. Prior to the sale of any lot, deed restrictions must be recorded which limit the built-upon area per lot to the amount as shown on the Project Data Sheet, per Section 1, Part 2. The recorded statements must follow the form: a. "The maximum built-upon area per lot is 5,000 square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools." b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the State." C. "Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the State." 16. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must bear the signature of the Permittee, the deed book number and page, and stamp/signature of the Register of Deeds. 17. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 18. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 5 State Stormwater Management Systems Permit No. SW8 950109 Modification III. GENERAL CONDITIONS 1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved, such as a copy of the deed of trust. Other supporting materials, such as a signed Operation and Maintenance plan in the case of engineered systems, will also be required. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 6. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. Permit issued this the 29th day of July, 1999. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 950109 Modification Georgetowne Subdivision 6 State Stormwater Management Systems Permit No. SW8 950109 Modification Georgetowne Subdivision Page 1 of 2 Stormwater Permit No. SW8 950109 Modification New Hanover County Designer's Certification 1, as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: SEAL Signature Registration Number Date 7 State Stormwater Management Systems Permit No. SW8 950109 Modification Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. The outlet/bypass structure elevations are per the approved plan. 5. The outlet structure is located per the approved plans. 6. Trash rack is provided on the outlet/bypass structure. 7. All slopes are grassed with permanent vegetation. 8. Vegetated slopes are no steeper than 3:1. 9. The inlets are located per the approved plans and do not cause short-circuiting of the system. 10. The permitted amounts of surface area and/or volume have been provided. 11. Required drawdown devices are correctly sized per the approved plans. 12. All required design depths are provided. 13. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 14. The overall dimensions of the system, as shown on the approved plans, are provided. cc: NCDENR-DWQ Regional Office Tony Roberts,New Hanover County Building Inspector 8 C-0 o C V w J ,�, c� 1 r v c, � w co N O7 r2i O . Lu '�'� ? Q C s ? c.� M LLJ tn On -cam z; c Vl ' o fi �, En � c � Q U O O b cn co ..... N 4 C C 4� O ° C N C Q '•~ c C C N N C C � `� b4 En q •� —, C obi o � o °' � W c ° fi ZS N C °c' U ° o c °' '' ° ovi o bo c ti ' � � � � rz o � 0. 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CEIV January 11, 1999 j4N 13 1999 Linda Lewis NCDENR/DWQ 127 Cardinal Dr. Ext. -i, VV 1111-iJ.11gton, nV C t:()`p0 5 RE: Georgetowne Subdivision SW8 950109 Modification Dear Linda: We are in receipt of your December 18, 1998 correspondence regarding the referenced project. New Hanover County had distributed a preliminary site plan regarding a revision to this development. Revised construction plans and stormwater plans are in the process of being prepared by Cape Fear Engineering. These plans will be submitted to you for a permit modification. You can expect to see them in about three weeks. Sincerely, )) A-0-1 Margare Gray PC: Cathie Johnston/Georgetowne POA 5022 Wrightsville Ave. - P.O. Box 4127 - Wilmington, N.C. 28406 - (910) 392-7201 - Telecopier (910) 799-1455 Fran: Landmark Developers, Inc. LETTER OF TRANSMITTAL 5022 Wrightsville Avenue PO Box 4127(28406) RECEIVED DATE j r �y JOB NO: Wilmington,North Carolina 284 3 1 � 7 ✓ �C 919/392-7201 DEC 3 1 1998 ATTE TION: To: l/V By: RE: 0 ( l3 WE ARE SENDING YOU Attached Under Separate Cover Via the following items: Shop Drawings Prints Plans Samples Specifications Copy of Letter Change Order Copies ( Description THESE ARE TRANSMITTED as checked below: OFor Approval Approved as Submitted For Your Use Approved as Noted ]As Requested Review and Sign For Your Review&Comment Returned for Corrections REMARKS s E, - 21 5W8 q�-D I Oq v�Mc'-KlM&CREED April 3,1998 M&C 0383-0031.OW Ms. Linda Lewis NC DEHNR Division of Environmental Management Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: Georgetowne Subdivision Stormwater Pond Certification Dear Ms. Lewis: Please find attached the Certification for the remaining pond (Pond #2) at the Georgetowne Subdivision located on South College Road in Wilmington, NC. Also attached to the certification is calculations to reflect a modification that was performed during construction. To help with the construction cost, the owner requested that we try to reduce the pipe size of the two connector pipes between Pond #1 and Pond #2. We found that the (2) 54" pipes could be replaced with (2) 42" pipes and still perform to what is needed. Should you have any questions or comments please feel free to contact me at 343-1048. Sincerely, McKIM & CRE ENGIN ERS, P.A. An Mills ORMWATER P oject Designer E C E V E APR 0 31395 D PROJ it C:\W1ND0WS\TEMP\L1NDA.D0C 243 N. FRONT ST., WILMINGTON, NORTH CAROLINA 28401 TEL 910.343.1048 FAX 910.251.8282 www.mckimcreed.com PIPE CULVERT ANALYSIS COMPUTATION OF CULVERT PERFORMANCE CURVE May 29 , 1997 GEORGETOWN POND PROGRAM INPUT DATA: DESCRIPTION VALUE -------------------------------------------------------------------- Culvert Diameter (feet) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . 50 FHWA Chart Number (1, 2 or 3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Scale Number on Chart (Type of Culvert Entrance) . . . . . . . . 3 Manning-s Roughness Coefficient (n-value) . . . . . . . . . . . . . . . 0 . 0120 Entrance Loss Coefficient of Culvert Opening. . . . . . . . . . . . 0 . 50 Culvert Length (feet) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600 . 0 Culvert Slope (feet per foot) . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 0001 PROGRAM RESULTS : Flow Tailwater Headwater (ft) Normal Critical Depth at Outlet Rate Depth Inlet Outlet Depth Depth Outlet Velocity (cfs) (ft) Control Control (ft) (ft) (ft) (fps) --------------- - -- ------------------------------ --------------- 48 . 0 6 . 82 3 . 19 8 . 50 3 . 50 2 . 16 3 . 50 4 . 99 PIPE CULVERT ANALYSIS COMPUTER PROGRAM Version 1 . 7 Copyright (c) 1986 Dodson & Associates, Inc . , 5629 FM 1960 W. , #314, Houston, TX 77069 (713 ) 440-3787 . All Rights Reserved. 42 ��-Te� r--3 4-4G 11-14-1996 12:80PM FROM MCKIM/CREED, CIVIL 9162516682 P. 2 5fA7£ /O ------------- State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James ..S. Hunt, Jr. Division of Water Qualitv Jonathan n. Howes Governor, Water Quality Section- Secretary November 12, 1996 Mr. Mark: "V'eenstra, P.E. McKim and Creed Engineers i 243 North Front Street Wulmington, North Carolina 28401 Subject, ADDITIONAL INFORMATION Stormwater Project No. SW8 950109 Modification Georgetown Subdivision New Hanover. County n-A TCQ d STATE o State of North Carolina Department of Environment, Health, and Natural Resources Wilmington Regional Office James B. Hunt, Jr. Division of Water Quality Jonathan B. Howes Governor Water Quality Section Secretary November 12, 1996 Mr. Mark Veenstra, P.E. McKim and Creed Engineers 243 North Front Street Wulmington, North Carolina 28401 Subject: ADDITIONAL INFORMATION Stormwater Project No. SW8 950109 Modification Georgetown Subdivision New Hanover County Dear Mr. Veenstra: The Wilmington Regional Office received the revision to the Stormwater Management Permit Application for Georgetown Subdivision on October 18, 1996. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. The "revised" plans do not show either the storm drain piping, the ponds, or the correct details, therefore, they cannot supersede the previously approved plans. If you want to supersede the previously approved plans, please submit revised sheets ER-1, ER-1A, C-15, C-15A, D-1, and D-2 that have the appropriate revisions and revision dates. If you do not submit revised plans, then please note on the plans submitted that it is for the revised lot layout only, and to refer to the 20 MAR 96 approved plans for storm drainage piping layout and pond plans. At a minimum, however, a revised detail sheet D-2 with a revised street detail indicating the elimination of the sidewalk must be submitted. 2. Please add the 35,000 square foot built-upon limit for the recreation area to the deed restrictions, Attachment A. 127 Cardinal Drive Extension,Wilmington, N.C.28405-3845 •Telephone 910-395-3900• Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer Mr. Veenstra November 12, 1996 Stormwater Project No. SW8 950109 Modification ---------------------------------------------- Please note that this request for additional information is in response to a preliminary review of the revised application. The requested information should be received by this Office prior to December 12, 1996, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee.If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Sincerely, Ms. Linda Lewis Environmental Engineer KE/arl: S:\WQS\STORMWAT\ADDINFO\950109.NOV cc: Linda Lewis Central Files From: Landmark Developers, Inc. LETTER OF TRANSMITTAL 5022 Wrightsville Avenue PO Box 4127(28406) DATE: JOB NO: Wilmington,North Carolina 28403 919/392-7201 ATTEN I' - l on To: C1 T 1 ,V RE: r �:� 4 G1A OCT ZI 199 WE ARE SENDING YOU Attached Under Separate Cover Via-------------------------- the following items: Shop Drawings Prints Plans Samples Specifications Copy of Letter Change Order F--7 Copies Description 2 W J 5 t - Z '5 S '' OTADRAWATM C E 8 V E nn THESE ARE TRANSMITTED as checked below: OCT181996 Yor Approval Approved as Submitted For Your Use 1, Approve as Noted E M ]As Requested Review and Sign For Your Review&Comment P O ctions REMARKS le� vG CQ GQ 1 � 0�& . aL &4x-f jyy'--,�2 rVO4' C � S (� C71-7 QS 3 Z CA I—Ckld -A r � COPY TO: SIGNED: r. Transmittal � 2a53 J6 `! 2 VID VERIFIED STATE OF NORTH CAROIJNA 7 r^i S T ,t; C �--';17i3 RESTATED PROTEC77VE COVENANTS OF GEORGEWWNE SOOK PAGE COUNTY OF NEW HANOVER r t'�:t ill P iti 9i y $ECT70N 1 JJuuv 20y4 0973 THESE RESTATED PROTECTIVE COVENANTS OFGEORG TO WN&SECHON 1,is made this the( hday of"'r,.�.I M.by Landman*Developers.Inc.,a North Carolina coporation,and Landmark Homo,Inc.,a North Carolina corporation,Am successors and assigns,whether one or mom,hereirmjto referred to as 'DECLARANT". WHEREAS, Liberty Developers, LLC and Landmark Homes, Inc. heretofore executed the Protective Covenants of Georgetown,Section I and caused the same to be recorded in Book 2018,Page 516 d La_ in the New Hanover County Registry(hereinafter 'Protective Covenants);and WHEREAS, Liberty Developers,LLC,has transferred all of its interest certain real property in New Hanover County,North Carolina,which is more particularly described as Georgetown,Section I in that map recorded in Mop Book 35.Pages 270 and 271.of the New Hanover County Registry,to Landmark Developers,Inc., and all of the real property described in Map Book 15, Pages 270 and 271 is now owned by DE(ZARAN1;•and WHEREAS,DECZARANT desires to restate,amend and replace the Protective Covenants pursuant to Article 12 of the Protective Covenants, NOW, THEREFORE, the Protective Covenants recorded in Book 2018, Page 516, of the New Hanover County Registry are hereby restated and amended by deleting the previously recorded Protective Covenants in their entirety and substituting the following in lieu thereof.• DECLARANP hereby declares that all of the properties described above shall be held,sold and conveyed subject to the following easements,restrictions.covenants and conditions,which are for the purpose of protecting the value and desirability thereof,and which shall run with the real property and be binding on all parties having any right, title,or interest in the described properties or any part thereof,their heirs,successors and assigns,and shall inure to the benefit of each Owner thereof -- r A.,D VE tlh:c"3 AR77CLE 1�Yoftsj 19 = l c =?o Defmirions .. IIA N O V E R Co. NC 000p113 '96 JUL 1 P�onalo Section I. A ies shall mean all recreational facilities ofany type construded 5 ed in the Subdivision and owned by the Association. Section 2- Articles shall mean the Articles of Incorporation of Ge+orgerowne Homeowners' Association,Inc. Section 3. Associate Members shall mean and refer to each and every person who is a nonvoting member of the Association and who pays a fee to the Association to use the Amenities. Section 4. Association shall be used to mean and refer to Georgetown Homeowners' Association, Inc., a private non-profit corporation formed or to be formed by the DECLARANT primarily as a Homeowners Association for the Lot Owners in Georgetown,all of whom shall be Members of the Association. Section S. Board of Directors or Board shall be the elected board governing the Association and managing the affairs of the Association. Section 6. Bylaws means the Bylaws of Georgetown Homeowners'Association, Inc Section 7. Common Area shall mean all real property owned by the Association for the common use and ergoymeru of the Owners. Section 8. Common Ewenses means and includes actual and estimated expenses of maintaining and operating the Common Areas and operating the Association for general purposes, including any reasonable reserve, as may be found necessary and appropriate by the Board of Directors pursuant to these Protective Covenants, the Bylaws and the Articles of incorporation of the Association, including the following: (a) All sums lawfully assessed by the Association against its members, (b) Expenses of administration,maintenance,repair or replacement of the Common Areas and the srormwpter stem "� This document is eing rerecorded to change the name of the ;V'v' DECLARANT referred to on Page 2 Section 4 from Liberty Developers LLC to Landmark Developers, Inc. „ 427765 20.53 �7G `! 3 600P: PAGE 2044 0974 Covenants or the Bylaws;(c) Expenses declared to be Common Expenses by the provisions of these Proterrive(d) EVenres agreed by the members to be Common EWenus of the Association,. (e) Any ad valorem tares and public assessments k►fed against the Common Area. cotSection 9. DECLARAn,shalt be and refer to I-Mctaxk Developers and "ngan,its successors and assigns,and Lardmarhr Homes,Inc.,a North Carolirha co a cem,a ad assigns, if such suc�cesmrs or assigns should ac pare more than one � On'its successors for the prepare of development, umde►rh ped Ins from the DEGLfRANT Section 10. LQt shall mean and refer to any of the Lats mmnbered 1 through 8. 17 through 21; aforesaid, 41;S4 through 64;88 and 1Q5, imc/usive. as shown on the Plat of Geo gerowne. Sector 1. recorded as aforesaid,in the New Hanover Coumy Registry together with the single family sftaure or dwelling,and any other numbered lots which may be shown on MOPS which may be recorded in Me future Georgetown. d showing additional sertionr of Section 11. Member shall mean and refer m each and every person and entity who or which owns a Lot in Georgetown SUBDMSION. Section 12. Owner shall mean and refer m the record owner, whether one or more persons or tntse h of a fee simple risk to any Lot which is a parr of the Properties,inchding contract sellers, but excluding those having such interest merely as security for the performance of an Wiganon. Section 13. Pemon shall mean and refer to an individual,corporotfon�d lability y or partnership.partnership or limited other legal entity. Pantnuship,association,trustee, or Georgetown. Section 14. ftWrfies shall mean and refer to that cetain real Property which is described as Section 1.in that mare remnfed in Map Boot 35,Pages 270 and 271,Registry and such additions thereto as may hereafter be bra hr of the New Hanover County g within du jurisdiction ojrhe Associotionh. section l5. Protective Covetants shall mean amended or supplemented. — this Instrument as it may be from time to time Section 16. Subdivision means all of that real property known collectively as Georgesowne as shown on that map recorded in Map Boat 35, Pages 2M and 271.of the New Hanover maps which may be recorded in the future showing additional sections Count'Registry and oU of Georgetown. ARTIc7.E 2 a rt M-9- Section 1. Owners'Easements Eniovment. Eve enjoyment in and to the Common Area which shall be appurtenantry Owner to and s s shall have t right and easement of subject to the following provisions: hall par with the title to every Lot a. The right to the Association to l,nu,the number of guests of Members; b. The right of the,association to suspend the voting rights and right to use the Common Areas and the recreational facilities by an Owner for any period during which ally assessment against his Lot remains unpaid•and or a period g not to exceed sixty(60)days for any infraction of its published rules and rululations, C. The right of the Association to dedicate or transfer all or part of the Common Area to any public agency.authority,or utility jar such purposes and subject to such conditions as may be agreed to by the Association; d. The right of the Association to formulate, publish and enforce ruin and regulations for the nse and enjoyment of the Common Area and improvements thereon, which regulations may further restrict the use of the Common Arm and the right of the Association to establish peralties for any injraaxions thereof. 2 NGt~74 E0C`: ; BOOK PAGE ' 2053 rUtI � 2044 0975 C. The right of the Association, in accordance with its Articles and By-Laws,to borrow money for the purpose of inynrovug the Common Area and facilities and carrying out its maintenance responsibilities and in aid thereof to mortgage said property. and the rights of such mortgages in said properties shall be subordinate to the rights of the Lot Owners hereunder. f. Easements as provided in Article 4 hereof. Section 2. Delegation of Uu. Owner may delegate,in accordance with the Bylaws,his right 'of enjoyment to the Common Aran and fact Ines to the Members c f his family,his tenants,or contract pundrasaa who reside on the property. AMCLE 3 DECLARANTS lights Section 1. The DECLARANT hereby reserves the right to annex and subject to these restrictions the real property which is located within a 3 mile radius of.and is adjacent to and contiguous with that property described in Map Book 35,Pages 270 and 271,of the New Hanover County Registry,in order to extend the scheme of these Protective Covenants to other property to be developed and thereby bring such additional Properties within the jurisdiction of the Association. Each additional parcel or tract of lard,with the improvements thereon,or to be placed thereon, which is subject to these Protective Covenants shall be designated consecutively as'Section 2', 'Section 3%and such other similar designations for any additional phases added. DECLARANT'S right to an= property hereunder is not obligatory and may be exercised by DECLARANT in its sole discretion. Section 2. The rights reserved by DECLARANT in Section I and all annemd Sections include the right to change,alter ordesignate Lots,roads,utility and dminagefacilines and easements,and to change,alter or redesignate such other present and proposed Amenities or facilities as may in the sole judgment of the DECLARANT, be necessary or desirable. The rights reserved in this Section specifically include the right of DECLARANT to redesignate, change or alter any platted Lot(s)into road(s). AR77CLE 4 Easements Section 1. Easements are reserved as necessary in the Conmron Areas for installation and maintenance of underground utilities and drainage facilities. Section 2. Every Owner of a Lot within the Subdivision,as an appurtenance to such Lot," have a perpetual easement over and upon the Common Areas within the Subdivision for each and every purpose or use to which such Common Areas were intended as determined by their type, or for which such Common Arms generally are used, including, but not limited to,easement of access,maintenance, repair or replacement of the Common Areas. Such easements shall be appurtenant to and shall pass with the title to every Lot located within the Subdivision,whether or not specifically included in a deed thereto. Section 3. The Association hereinafter may grant easemens for utility purposes for the benefit of the Subdivision and the Lots now or hereafter located thereon, over, under, along and through the Common Areas. Provided.however that no such grant of easement shall have a material adverse effect on the use,enjoyment or value of any Lot. Section 4. Any Owner may delegate,in accordance with the rules and regulations,his right of enjoyment to the Common Areas,and facilities to the members of his family,his tenants,and contract purchasers who reside on the property. 3 NG—lbss.74 80C11; 2 0 5 :s O G y%eon PACE 2044 0976 each Lot jar d Semon S. Easements and rights of way over and upon the rear,front and side ten 00)feet of rat—ge and the installation and Mairuenmsce he Lot puof"W"and services are reserved to DECI.1RAW and its successors and assigns for such Purposes as DEaARAW may deem incident and aPproprate to its ovrmli $halhal be develop,plan. The easenmrs and right of way areas resented by DEaARANT on each pursuant hereto sl b maintained canrinuouusly by the Owner,but mo structures or plantings ar other material shall be placed or P'"nurtai OF Yerldin Von such irusraUation or maintenance areas or other activities andertaken thereon wltith may dosage or interfere with the or Whichof utilities or other services,or Which may retard,Lucy or re►rrse the Or areas q d shall be amage Orint erf ereew h t amblis�slope trains or create entice problems. IMP?Vb dnents within h�espective Owner� fOf which a authm.1y or utility ble. These easements and rights exPrrssly indude Ake right to ag aay treia. bushes or any grodings of the soil.or to take airy other sunhat action of the DECLARANT to provide an economical and safe instaUatlgn. 1 h<DE Y rR i.responsibilities for such easement areas. CUROff shall have no maintenance Common A Section 6. Entry Owner shall have a right and easement of enjoyment in and to any and all other reas which are owned or leased by the Association for the enjoyment of the Owners;this right and easement of enjoyment shall be appurtenant to and shall pass with the tide to every Lot. Sec"-7. The rights reseved by DEaARAlirp in Article 3 and aU annexed Sections include the Fight to change,after or designate Lots.roads,utility and drainage facilities and easements,and to dumge,after or redesignate such other present and Proposed Amenities or facilities as may in the sole judgment of the DEC 1RANT be necessary or desirable. Except as allowed in Article 3,the DE change,alter or redesignate the character of the use of the Lots within the development. Section' M ease-'►is hereby granted to aU police,fur protection,ambulance and aU,,.I r Performance Companies their duties es Performing emergeruy services to enter upon he Lots and Common Area in the Section 9. The real property in this Subdivision is subject to a contract with Carolina Power and Light Company for the instaUationofunderground electrical utilities which may require an initial contribution and/or the installation of street lighting,which wiUsubject each Owner to a coninuing to Carolina Pbw er and Light Company. mathly payment Section lo. If any dwelling is located closer than five(S)feet from its lot line the Owner thereof shaU have a perpetual access easement over the adjoining Lot to the extent reasonably maintenance or reconstruction of the dwelling. Such repair, mainteommtte or reconstruction necessary to perform repair, expeditiously and, upon completion of the work, the Owner shall be done condition at that which r shall restart the adjoining Lot to as near the same Prevailed prior to the commencement Or the work as is reasonably practical. Section ll. A easam't is hereby established over all Lou and Common Area for the t of aPPUcable govYrmnertal agencies for the setting, removing and reading of water Meters. maintaining and replacing wafer drainage and drainage fadlities,fire fighting, law enlorrement, garbage collection and the delivering of mail. Section 12. M exclusive easement is hereby established in favor of DEC7.�RAN[ over a!! Common areas jar access to adjacent properties for the purposes Off—re development and the instaUation of streets and public utilities. Section 13. The Association hereinafter may grant easements to Associate Members,their famiGu, guests and invitees over, under.along and through the Common Areas for use of the Amenities. Section 14. All easements and rights described herein are easements appurtenant.running with the land.and shall inure to the benefit of and be binding on all undersigned, its successors and assigns.and mry Owner,Purcaser, Mortgagee and other person having an interest in said land.or arty part or portion tharof, regardless of conveyance, or in any mortgage or trust deed or other evidence of obligation.to the benefit of and be binding on the undersigned its successors and assigns.and any Owner,purchaser,Mortgagee and other person having an interest in said land, or any Pan or potion tihereof, regardless of wheher or not refereue to said easemenr is made in the respective deeds of conveyance. or in any mortgage or trust deed or other evidence obligation,to the easements and rights described in these Protective Covnmants. of 4 Loss css BOOK PAGE 2044 0977 ARTICLE 5 Association Section 1. Purpose.AnAssoeiation named Georgetowne Homeowners Association.Inc.has been or will be formed pursuant to the requirements of the Nonprofit Corporation A (Chapter 55A)of the General Statues of North Carolina. Its purpares are to own,manage,maintain and opemre the Common Areas and fatiknes located upon the Common Areas.to enforce the Pmtemw Covenaw contained herein,and to mate and enforce rules and regulations governing the Owners'use and ooagnadon of Lou. Section 2. M, kr" . Every person who is record Ownerof a fee orundivided fee interest in any Lot which is subject by covenants of record to assessment by the Assodahm including contract sellers,but excluding persons who hold an interest merely as security for the pefonrumce of any obligations,shall be a member of the Association. Ownership of such interest shall be the sole qualification for such membership.there shall be only one vote per Lot in such Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. The Board of Directors may make reasonable rules regarding proof of ownership. Section 3. Yotina Rights. The Association shall have two classes of voting memberships. a. Class'-A' Class A Members shall be all Owners with the exception of the DECLARANT and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot,all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one(1)vote be cast with respect to any Lot. b. Claus 'B'. Claus B Member(s)shall be the DECLARANT and shall be entitled to three(3)votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (1) When the DECLARANT owns twenty-five percent(25%)or less of the residential lots in the subdivision,including any property which may be annexed to the subdivision,or (2) On December 31,2005. Section 4. Associate Members. The Board of Directors can deride to allow use of the Amenities by persons who do not own a lot in the Subdivision. TThese persons shall be called Associate Members. Associate Members shall have no voting rights in the Association,or any other rights reserved to Members and set forth in the Articles, Bylaws or these Protective Covenants. The Associate Members shall be bound by the ruler and regulations established by the Board regulating membership rights,duties and obligations and the use of the Amenities. Violations of the rules and regulations may result in the suspension or termination of the Associate Member's membership and/or the imposition of fines and penalties by the Board. The Board of Directors shall set the qualifications and membership fee structure for Associate Members in its sole discretion. Section 5. Common Area. The Common Area cannot be mortgaged or conveyed without the consent of two-thirds(213)of the Lot Owners. Section 6. Management and Administration. The management and administration of the Common Areas of the Subdivision and the Association shall be the sole right and responsibility of the Association. The management shall be carried out in accordance with the terms and conditions of these Protective Covenants, the Articles of Incorporation and Bylaws of the Association,but may be delegated or contracted to manager(s)or a management service. Section 7. Assignment to Association. All water-sewer,land use,stormwater system,and utility permits,agreements and easements between DECLARANT and any municipal or governmental agency or department or public or pri vate utility company shall be assumed by the As ociation upon the assignment of all such permits, agreements and easements to the Association by DECLARANT: The Association shall thereafter be responsible for and assume all duties,obligations,and rights and privileges of DECLARANT under such permits, agreements and easements, including all maintenance responsibilities. 5 2Q53 BOOK PAGE 0 6 ty 7 2044 0978 AR77CZE6 COWWRtS for A_srs;ments Section I. Crauion of the lien and Personal pbl:,ation of Ass each Lot awned within the Prnpemes, hereby covenamts, and each Owner o esy Lot by tnents. the D an e1of, for therefore, whether or not it shall be so expressed in such dead, is domed to covenant and agree once of a deed Association: g pay to the a- General assessments or charger for Common Expenses and b. Special assesssnunts for capital mnPro►rrnenis, or special established by the Board of Directors,and asf essmew as C. individual assessments against 4w if c Lot(s)orproperty,in the event an Owner jails to comply with the provisions of these Protective C ovenantS, the Articles, By-laws or Rules and Regulations of the Association. The Association,through its Board of Directors,may perform such required task or remedy such matter, or assess a fine for such fallare to comply and may levy the cost of such f:n, Performance, or remedy against the owner(s)and the Owner's Lot or property as an individual assessment;and the general, special and individual assessments, together with interest, late fees, costs and each reasonable attorneys fees,shall be a charge on the Lot and shall be a continuing lien upon the Lot against which assessment is made. Each such assessment,together with interest,casts,late fees and reasonable attorney s fees,shall also be the personal obligation ojth assessment fell due. The personal oblig e person who was the Owner of such property at the time when the unless specifically assumed by them. ation for delinquent assessment shall not Pass to any successors in title PROVIDED, the DECIAINNT shall pay one half of the general assessment for any unsold Lots which are platted of record in the Office of the Register of Deeds of New Hanover County as Lots in Georgetown Subdivision. Two years after the DECLARANT begins payment of general assessments,the DECLARANT shall the pro rota share of the generaluntil that date.assessment, the pay Year,and accrual of the obligation to pay full assessments to the Association shall not begirt inu Section 2. Puroose of Assessments. The assessments levied by the Association shall be used exclusively fo promote the recreation, health, safety and welfare of the residents in the Properties and for the improvements and maintenance of the Common Area and to pay the taus and other n d the Commron Area. Pal charges or fees of Section 3. initial General Assessmsent. The initial general assessment, due and payable to the Association,shall be prorated and paid at the time of closingo the Purchase a Lot Payments thereafter shall be due on Janus I oyear j P of by an Owner,so that all Directors as is more fully set forth in Section 7 of this Article- All r thedue dates)which may be set by the Board of rare for all Lots. General assessments shall be fcred to a uniform Section 4. A&gLt-eat of General Assessment. The Association reserves the right to adjust the general assessment if additional sections are nor annexed to the Subdivision, so that the Common EWenses are reallocated according ro the number of Lots in the Subdivision. Section 5. $Decal Assessments for Carrital! nrn authorized above,the Association vemenu• (n addition to the general eyes ants or the u may�'•in w+Y assessment year,a special assessment applicable to the year only f Purpose ofdefraying,in whole or in part,the cost of any construction,reconstruction,repair or replacement ofa capital improvement upon the Common Area,including easement areas,fixtures,and personal property related thereto provided that any such assessment shall have the assort of two-thirds(213)of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose. Special assessments for the maintenance ojsewer lines and other elements of the sewer system,the drainage and stormwater runoff systems, and other utility systems, as required by government permits or regulations, may be assessed by the Board of Directors without a vote of the members. All speaal assessments or uniform rate for all Lots. f capital improvements shall be fixed to a Section 6. Workine Camital Assessment. At the time title is conveyed to an Owner by DECLARANT.each Owner shall contribute to the Association as working capital an amount equal to$250.00. Such funds shall be used for initial operating and capital etpenses ojtheAssociation,such as prepaid insurance,supplies, and the Common Areas and facilities,furnishings,and equipment,etc. Amounts paid into the working capital fund are not to be considered as advance payment Of regular assessments. All working capila( of the general operating funds of the Association. funds shall become part 6 Nr.ti tls&74 Boor; PAGE 2 S 3 tf` 2044 0979 Section 7. Notice and Ouorurn for any Action Authorized Under Section 5. Written notice of any meeting called for the purpose of taking any action authorized under Section 5 shall be sent to all Members not less than ten (10)days nor more than sixty(60)days in advance of the meeting. At the first such meeting called the presence of Members or of proles entitled to cast frfyone percent (51%) of all the votes of each class of membership shall constitute a quorum. The required quorum at any subsequent meeting shall be one-half(112)of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty(60)days following the preceding meeting. Section 8. Date of Commencement of General AMktmets and Due Dates. The general assessments provided for herein shall commence on the date of conveyance of each Lot to an Owner other than DECLARANT 77te first general assessment shall be adjusted according to the number ojmonths remaining in the calendar year. The Board of Directors shali fx the amount of the general assessment against each Lot at least thirty '(30)days in advance of each general assessment period. Written notice of each general assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Board of Directors shall require the general assessments to be pad at Least annually,but may require the general assessments to be paid more often. The Association shall,upon demand,and for a reasonable charge,furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. Section 9. Elfea of No_nRg2Hnt of Assessments and Remedies of the Association. Any assessment, if not pad within thirty(30)days after the date such assessment is due,together with interest at the maximum rate allowed by law, costs of collection, court costs, late fees and reasonable attorneys fees, shall constitute alien against the Lot upon which such assessments are levied. The Association may record notice of the same in the office of the Clerk of Superior Court of New Hanover County,or file a suit to collect such delinquent assessments and charges. The Association may file Notice of ys Pendens bring an action at law against the Owner personally obligated to pay the same and/or bring an action to foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided herein by non-use of the Common Area or abandonment of his Lot or for any other reason. Section 10. Subordination of the Lien to MorthraRes. the lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from Lability for any assessments thereafter becoming due or from the lien thereof. Section 11. Exempt Prooerq. All Properties dedicated to, and accepted by, a local public authority and all Properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of North Carolina shall be exempt from the assessments created herein,except mo land or improvements devoted to dwelling use shall be exempt from said assessments. ART7CGE 7 Architectural Control Section 1. No structures,buildings,or improvements shall be commenced,erected,or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made, including change of color,until the plans and specifications showing the nature,kind,shape,heights,materials,and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by DECLARANT.or by an architectural committee composed of three(3) or more representatives appointed by the DECLARANT. Structures,buildings and improvements shall include,but not be limited to any dwelling,garage,fence, wall, sidewalk, hedge, mass planting,change in grade or slope, drainage pipe, drainage canal,ditch.Swale.catch basin,swimming pool,treehouse,playhouse,sign,flagpole. exterior illumination,monument or marker.outdoor statuary,exterior Lights,security lights,storm door,well utility facility, mailbox,patio,deck, screening for outdoor trash cans or other purposes, sprinkler system, driveway, outdoor decorative objects,shrubbery or landscaping. /n the event said DECLARANT;or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after complete plans and specifications have been received by it,and notification of receipt of plans and specifications has been sent to the submitting Owner(s),approval will not be required and this Article will be deemed to have been fully complied with. DECLARANT shall notify Owner if complete plans and specifications have not been received. DECLARANT,subject to the provisions of Section 2 hereinafter, mqv assign these duties to the Board of Directors of the Association or to an architectural committee composed of three(3)or more representatives appointed by the Board. Section 2. All duties and responsibilities conferred upon the Board or the Architectural Control Committee by these Protective Covenants or the Bylaws of the Association may be exercised and performed by the DECLARANT or its Designee at its discretion,so long as DECLARANT shall own any Lot in the Properties or any additions annexed thereto by Supplemental Protective Covenants or Amendment to these Protective Covenants. 7 AYi/c d 74 . 20 `I4 0980 Z053 iJ64 Section 3. /n adddition to its dudes trf as review mud approval of et7enml Committee shall monitor the compliance with all use restriction,design and arehitectural control prom ow ha-01W and design.� DEC conditions and other resIncrions, The Committee shall report such vions may come to its attentiat to the T 4MW or the Association for appropriate actions of enf olationeneent. Until such Section 4. The Committee shalt be composed of a minimum of three members of the Association. rime as the Committer has been estabUshed, the DECZ RANT shall perform the functions as outlined above and elsewhere herein. 'Where the term alhe Declarant'or'7he Committee.have been used this tam shall be construed to asserts that only one of the two entities will perform the dudes and function.and when the Commiter is established,that Committee will perform the duties and functions as outlined abase. Upon the oppolrtnt t and orgaeunrion of the Cmntnittee, the Committer shall adopt ssKh admfaisumvr subnussitm, review and approval 0 mid all P> as will insure the bsdldings andJor hnprovrmerus coiwmatad. Section S. No contraction, which Tenn shall include within its definition clearing. grading and other site work shall take place except in strict o� Of the Committee or DECLARANT has been obtained. come with this Article.and until the approval Section& Since the establishment of standand irrfleaable building setback lines in location of homes on Lots tends to force construction of homes directly to the side of other homes with detriowttal e�Rcls on privacy. view,preservation of hmportam trees and other vegetation, ecological and related concerns, no specific s consideratietbaaE Unons es are established by these protective covenants /n Order to assure. however, that the foregoing are given maximum effect,the DECLARANT reserves the right to select the precise site lomtion of each house or other structure on each Lot in its sole discretion and to reasons as the arrange the same in such manner and forsuuah DECLARAlrNdeans sufj'hcieru,provided,however,the DECLARANT shall make such determination so as to insure that the development of the Lots subject to these PROTECTIVE COVENANTS is consistent with the provisions set forth herein. The placement of homes is meant to creole a sense of.spaciousness and to avoid monotony. For such purposes It's the DEC L4RANT S intent that setbahat lines may be staggered where appropriate. /rt any event.no house shall be erected closer to the front Lot line or nearer to any side Lot line than the minimum alistmtces established by applicable governmental ordinances. must app Section 7. Any Owrter(s)installing a drainage pipe must also install a catch bn both of which la roved by DECT.lRANT or Committee in accordance with the terms o asi f this Article. /n addi installations must comply with all applicable governmental statutes,ordinances and regtdarions, tion,all such , limited to,the State of Norrh Carolina Deyamnent of Transportation standards. including but not Section 8. The Committee or DE(LARANT shall have jurisdiction overall original construction on any Lot and lacer changes or additions after initial approval thereof together with airy mo&fimtions, or alterations subsequewly to be constructed on any Lot or made to vary irnprov addition vnents initially approved,including vary armor change or alteration and grange of color Section 9. The Committee or DECLARANT shall have the right to disapprove any pions, specifications and details submitted to it in the event the same are not in accordance with any of the provision of these PR0T7dMM COVENANTS mid any architectural guideline,which may be in�ety an the time. Disapproval of plans,location,specifications orderails may be based upon any grounds,including Purely aesthetic considerations which the Committee or DECLARANT;in its sole and uncontrolled discretion shall dears sufficient.however, approval of plans shall not be unreasonably withheld. An Owner shall have the right to appeal disapproval of plans.location,specifrcatiort and details to the Board ojDirectars. The decision by the Board of Directors shall be final and not subject to appeal or review, Sect on 10. 77'e Committee,or construction to ensurer that it is Performed in strictirs agent,or accordance withtthe �ANT shall have the right to inspect all approved plans.specifications and details. Section 11. Nothing contained herein shall be construed to limit the right of an Owner ro remodel the interior of any residence or permitted pertinent structures,or m paint the interior of he same vary mhos desired. Section 12. Neither the DECURANT nor the Committee nor the Board of Directors or any architecture agent thereof shall be responsible in any way for any defects in plans, spedfications or derails submitted,revised or approved in accordance nst r coon with the provisions contained herein or in the guidelines.nor for vary structural or other defect in airy construction. Section 13. Owner(s)shall be responsible for compliance with all applicable governmental statures, ordinances and regulations,including,but not limited to, land use,zoning,and building regulations. 8 NGk t.6.74 BOOK PAGE Z 0 5 3 U 6 5 0 2044 0981 ARTICLE 8 Maintenance Section 1. If, in the opinion of the Association or the DECLARANT; any Owner shall jail to maintain any Lot owned by him in a manner which is reasonably new and orderly or shall fail to keep improvements constructed thereon in a state of repair so as not to be unsightly,all in the sole opinion of the Association or the DEQrIRANT, the Association in its discretion,by the affirmative vote of a majority of the members of the Boars of Directors,or the DEC URAM, in its discretion,and following ten(10)days written notice to Owner,tmy aster upon and matte or cause to be made repairs to such improvements and perform such maintenance on the Lot as die removal of trash, cutting of grass•ping of shrubbery, weeding and items of erosion control. The Association shall have an easement for the purpose of acroWlishing the foregoing. The reasonable cost incurred by the Association in rendering all such services,plus a service charge of fifteen percent(15%)of such cost,shall be added to and become an individual assessment to which such Lot is subject as provided in Article 6 herein. Section 2. The Owner of each Lot shall keep the Lot mowed regularly,including that area from the for line to the edge of the paved street and clear of any unsightly objects,and in the event that the Owner of any Lot within the said Subdivision breaches this restriction,the DECLARANT and Association reserve the right to enter upon the Lot and snow the grass.clean up the Lot and remove unsightly structures and objects at property Owner's expense as provided in Section I above. Where Lots border on or contain ditches,drainage canals or swales,the Owner of each Lot shall keep that area,including the slopes,down to the edge of the water,mowed and maintained regularly. Washouts or erosions on the Lots adjoining ditch banks and swales to pavement shall be property tended to by the respective Lot Owner. This obligation and right may be enforced by the Association or any Owner as provided in Article 11 herein. ARTICLE 9 Restrictions on Use and Occumancv Section 1. No Lot shall be used except for single family residential purposes. No commercial use shall be permitted on any Lot. No structure shall be erected,placed or permitted to remain on any Lot other than one(1)detached,single family residence dwelling nor to exceed two and one-half stories in height above floor or piling level and such outbuildings as are usually accessory to a single fanUy residence dwelling, including a private enclosed two car garage. Section 2. Any dwelling constructed on a Lot subject to these PROTECTIVE COVENANTS shall contain not less than 2600 square feet fora two story home and not less than 2400 square feet jar a one story home of fully enclosed and heated floor space all devoted to living purposes (owlasive of roofed or unroofed porches. breezeways, retraces.porches, steps, walks. garages and any outbuildings). Future Sections annexed under Articles 3 and 10 may provide for minimum square footage of not less than 2200 square for a two story home and not less than 2000 square feet for a one story home of fuUy enclosed and heated floor space all devoted to living purposes(exclusive of roofed or unroofed porches,breezeways, terraces,porches,steps, walks,garages and any outbuildings). In computing the number of square fief allowed as provided herein,no square footage in any pan of the dwelling that is constructed over a garage will be counter,unless i1 is an integral pan of the living space and approved by the DECLARANT, in its sole discretion. Section 3. All Lots are subject to the State of North Carolina rules and regulations concerning stormwater runoff as these rules and regulations are amended from time to time. These regulations currently provide that all of those Lots shown on that map of Georgetown,Section],recorded in Map Book 35,Pages 270 and 271, of the New Hanover County Registry will be restricted to 5000 square feet of built upon area,including impervious surfaces such as foundation-structures;pavement;concrete; driveways, including that portion of the driveway located within a street right-of-way,which runs from the property line to the road pavement;and walkways or patios of brick, stone or sloe,and gravel,marl or stone covered areas,not including wood decking or the water surface Of swimming pools. DECLAMW reserves the right to recalculate the maximum allowable built upon area in accordance with the storm wafer runoff rules and regulationts of the State of North Carolina. All drainage swats or drainage patterns used to treat stormwater runoff as required by the State of North Carolina may not be filled in,piped or changed without the consent of the DECLARANT,its designee,the Association,amd the State of North Carolina and shall be maintained asset forth in Article 8 herein. The Stare of North Carolina is hereby made a beneficiary of these PROTECTIVE COVENANTS to the aunt necessary to enforce its stormwater runoff regulations as the same may be amended from time to time. This paragraph cannot be changed or deleted without the consent of the State of North Carolina, Section 4. Only inground swimming pools shall be allowed on any La which pool(s)shall not be located nearer than twenty(20)feet from the side or rear lot lines and which shall be screened. Section 5. Each dwelling shall be constructed to include no less than a two car garage. 9 Mcnr�s�. BOOK PAGE , aCc:: 2044 0982 205 t 0651 Section 6. No Lot or Lots shall be subdivided except to enlarge an adjoining Lot,but any Lot so enlarged cannot be improved with more than one single family all ofan a dwelling. An Owner of a Lot and a portion or adjoining and contiguous Lot or Lots may construct a dweiling upon and across the dividing line of such adjoining and contiguous Sand they fterstructures such res permitted hernations eunder or portions thereof shall be frayed for all purposes under these pROTECTM COVENAN73 as Ott single Lot. permitted. Section 7. All Lots shall be well maintained and no accumulation of rubbish or debris shall be time each The Owatrs of all unbw&upon Lots in the Subdivision shall dear(heir Lacs of umderbnah at least one e year. If the Owners do nor dear their Lot as repuintd by this paragre ptk the Association shall have due authority to clear any such Lot ofunderbrush and separatdy assess the cost ofsuah work agarweal*Owner. SeWh charge shall be an"divrdmel assessment against the Owner and his Lo(s)and nary be er f the provisions of Article 6 herein. orrad in aaaorKmtce with Section 8. Owners shall be responsible for any damage done to any streets, roadway accessways,Common Areas orpropeny ofother Owners within the Subdivision which s, his agents,employees,guests.licensees or invitees. The Association shall have the authority two assays�Owner for such damage and such charge shall be an individual assessment against the Owner and his Lot(s)and may be enforced in accordance with the provisions of Amick 6 herein. Sectiona following general prohibitions and requirements shall apply an control the improvements, maintenance and use of all Lots: temporary outbuildings a, No mobile home, trailer,tent,or temporary house, shall be placed or erected temporary garage or other u on any Lot, provided however, that the rage r r DECLARANT may gray permission for temporary structures for storage of materials during construction. b• Once construction of a dwelling or other improvements are started on any Lot, the improvements must be substantfaUy completed in accordance with the appnovedplans and specifications within twelve (12) months from commencement Failure to complete construction within twelve (12) months from Commencement date may result in a fine being imposed in the minimum amount of$500.00 per month. whidr fine shall be paid to DECLARANT wail all Lots in the Subdivision have been sold, at which time the fine shall be payable to the Association The foe imposed under this Section shall be an individual assessment enforceable in accordance with Articled 6 herein. c. During construction of improvements on any Lot, toilets must be provided for the construction crew. adequate Portable sanitary d. Construction activity on a Lot shall be confined within the boundaries of said Lot. Each Lot Owner shall have the obligation to collect and dispose of all rubbish eudmslr resrel[ing from convyruaion on his Lot. t e. All dwellings and permitted structures erected or placed on any Lot shall be constructed of material of good grade. quality and appearance,and all construction shall be performed in good wonbnanship manner and quality. The covering for all roofs shall be shingles or materials approved by the Committee or DECIAR4NT Materials and colors for the exterior of all dwellings and permitted structures mutt be approved byshall thehave Committeean or exterior DECLARAM: No used structures shall be rdocated or placed on any lot and no structures constructed of asbestos ar asphalt siding,aluminum siding,paper composition, It being intended that only wood siding, manufactured lap siding, vinyl,brick, daybricE or stucco exteriors be constructed on Lots subject to these protective covenants. Modular and prefabricated homes may not to erected -placed an any Lot, without approval of the CommitteeNT or DECLARA . f Except structures erected by the DECLARANT, no structure erected upon any Lot may be used as a model exhibit or model house unless prior written permission to do so shall have been obtained from the Committee or DECLARANT g• Any dwelling or improvement on any Lot that is destroyed in whole or in part by fire or other casualty shall be either rebuilt or torn down and all debris removed and the lot re'rored to a sightly condition with reasonable promptness,provided, however, that in no even shall such debris remain on such Len longer than three(3)months. A temporary privacy wall or fence must be built to screen within seven (7)days and such fence or wall must be the property from vitw approved in advance by DECLARANT or Committee. vehicle not disp h. No stripped,parrially wrecked,junk motor vehicle,or part thereof,or arty motor laying a current valid inspection sticker shall be permitted to be Parked or kept on any Lot. to BOOK PAGE 2 'J 5 3 0 6 5 2 2044 0983 i. No vehicle of airy type shall beparked on any street in the Subdivision. No truck nor other vehicle in excess of a rhea-quarter(314)ton load capacity, boar, vwet, motorboat,camper, trailer, motor or mobile home, or similar type vehicle or apparatus shall be parked or kept overnight or longer, on any street or on any Lot unless it is stored in an enclosed garage and in such a manner as to not be visible to the Owners of other Lots or the users of a street or recreation area. All tools or other materials stored in vehicles for overnight parking shall be kept out of sight. No customized vehides which are unsightly in appearance as determined by the Board of Dtrectors or the DECLRANT shall be allowed. j. No ouldoorpola clotheslines and similar eqsupmerit shall be erected or located upon any Lot. k. All trash receptacles and garbage cans shall be screened so as not to be visible by the Owners of other Lots or the users of any street or recreation area. All such screening shall be approved by the DECLARANT or the Committee. I. No fuel ranks or similar storage receptacles may be exposed to view. Ike placement of any such receptacles may be approved by the Committee or DECURANT and may only be located within the main dwelling house, within an accessory building,within a screened area,or buried underground. in. DECLARANT does not grant permission or recommend that any material be buried on any Lot in Georgetown,including,but not limited to any easement area, Common Area,or area where any structure shall be constructed. cif any material is buried on any Lot, it is recommended that all subsequent purchasers be advised of the location and type of material(s)deposited. No hazardous,illegal,or governmental regulated materials)shall be deposited on any Lot in Georgetown. n. Each Lot in the Subdivision shall have only one(1)mailbax and one(1)paper box which shall be mounted on a single post and all such boxes must be approved by the DECLARANT or Committee. Such mailboxes or paper boxes maybe provided by the DECLARANT or builder.Any boxes provided by the DECLARANT or builder shall be considered an improvement and must remain with the Lor and must be nhaiWarned by the Lot Owner. Boxes damaged beyond repair shall be replaced by the Lot Owner. o. No advertising signs or billboards or other advertising structure(s)of any kind shall be erected on any Lot or displayed to the public on any Lot subject to these restrictions except that one sign of not more than six square feet in area may be used to advertise a completed dwelling for sale or rent. No'For Sale'signs are allowed on any vacant Lots except with approval by DECLARANT or Committee. This covenant shall not apply to signs erected by the DECLARANT used to idendfy and advertise the Subdivision as a whole,or construction idennftcation signs approved by the Committee or DECLARANr showing Lot numbers and name of builder, or for a homeowner for the purposes of idmttfywg the homeowner as the resident on said Lot. Said identification sign shall not exceed in size a total of sir square feet. Ali signs permitted by these horemve Covenants must be approved by DECLARANT or Committee. p. No outside antennas or satellite dishes shall be erected on any Lot or structure unless and until permission for the same has been granted by the Committee or DECLARANT. Any such antennas or satellite dishes shall be screened from view by adjoining property Owners and the users of any street or recreation area or Common Area. Ike design and location of the screening shall be approved by the Committee or the DECLARANT. q. All dwelling connections for all utilities, including,but nor limited to, water, electricity,gas,telephone,and television shall be run underground from the proper connecting points to the dwelling structure in such manner as may be acceptable to the appropriate utility authority. 77te cost for such underground service shall be shared by the Owner and utility company in conformity with existing utility company policy,if any. r. No animals,livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that dogs,cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided farther that they are not allowed to run free and are at all times properly leashed and personally escorted and shall not become a nuisance or bother to other Owners. No animals,livestock or poultry of any kind may be raised,bred orkept in any Common Area. Pets must be restrained or confined within the Lot. Owners must promptly remove any and all animal excrement from any and all Common Arras and Lor(s)and keep such areas)clean and free of per debris. All animals must be property tagged for identification. 11 &Gk 56 74 BOOK PAGE 2044 0984 ' 05 ;; 0653 S. No fence shall be erected or hedge grown on any Lot unless approved by the DECL4&4W or Committee in accordance with A►ade 7 herein. Fen=facing or parallel to the strew shall be wood const►uction. No fence and no hedge shall be permitted tearer thefront tot line than 15 feet as matured front be the rear of the house constructed on the Lot unless approved by DEC URANT or Committee. OKme►r{s)shall m encouraged to align jerues with fences—1mcted on adjacent Lots. On Lots having buffer fence$bwalled by the DECZ ARAW, the Association shall maintain the fence in its original oondmon and shall have an easement upon such Lot for maiuenance and related purposes. AU fenca constructed he..der shall be maintained in odglttal oondition. 1. upon wry Lot, nor shall an NO done thereof e►oPer,Illegal,--us Ora#e M$1vC activity shall be carried on nuisance to the DECZAi?ANty&r� done thereat tending to cause�, disoomfon, annoyance or °n1 Owners. There Shall not be maintained any plants or animals, or device or anything of arty son whose normal activities or existence are in any wiry noxious,dangerous unsightly.unpleasant or of a nature as may diminish or destroy the emjoynent of other property in the ntL hbo ►hereof. All Laws, orders, rules, regulations, Ordinances or requirements r 8 ►hood by the owners Jurisdiction thereof, relating to e9w emeus of any goverment agency having 8 airy parties of the property. shall be complied with,by or at the sole expense Owner or the Association,whichever shall have the obligation to maintain or of repair such portion of the property. u. No owdoorstatuary orotherdecorative objects may beplaced on any lot without the written approval of the DEQ.ARANP or the C.onwditee. V. Burning-a means of clearing brush shall not be permitted. awning may be allowed under appropriate cirawnstances if approved by the DECLARANr1'or the Committee obtained all necessary government permits. and the Owner has W. No yard sales orgarage Sales shall be pe muted upon any Lot in this Subdivision. be conveyed with a Lot to an owner.certain Such areas are for conservation rvation urgrtenrpWes ways,or vegetated buffers may private use. No jemces or srruaura of arty type tray be erected in said wrens and no and as suds. not for Owner's removed- type of vegetation may be Notwithstanding the foregoing,any area identified as a Conse rvation or Buffer Area on any map or revision of lot map of S{IBD1V1S10N may be conveyed with a Lot or Lots in said Subdivision or may be conveyed to one or more Lot Owners in said Subdivision. These areas)are for onsenation or bu,ffer purposes and. as such, not jot the Owner(s)'private use. No s►ntcttnra other than those fence. signs, aurarcevvay ccsures.iandscaping orsimilar construcuon by the DEa"ARAW Shall brperntitred in these Area f). 1n the case vedance a Conservation or&ffer Area as set forth herein the Association shall have an easement to go upon the Area(s)and maintain any of the above-described construction. DECZARANT and AxUX744on fiuz4er reserve the right and an easement to change, wr reconstruct o , . landscaping or the equivalent in and over the Conservuionr arconstruct any fences signs �Yway srrudura Buffer Area(s). The Lot Owner it Owners to avation or Buffer Area is conveyed shall kelp the Area mowed and shall maintain it regrttar[y so thwhomat sany td Conserarea shall be nee and in good condition and appearance at all lima. With the consent and approval of the DE CLARA make terrain plantings and may lands A?'or Committee, the Lot Owner may cape the COnSerwfion or Buffer Area(s)• Y. Nothing shall be kept and no activity shall be carried on in any building or home or on the Common Area which will increase the rare of insu the courts thereof. No Owner shall do or keep arrytluagrance,gopiiusble to residential use,for the property or nor cause or allow anything to be done or kept, in his home or on the Gammon Area which will result in the cancellation of insurance on any Portion of the property,or the contents thereof, or which will be in violation of any law, ordinance, or regulation. committed on any portion of the Common Area. No waste shall be aPon any Portion Z. No person shall undertake,Of cause,or allow any alteration or construction in or Association or D EVELOpER. Area except at the direction of and with the evpress written consent of the aa. The Common Area shall be used only for the purposes for wN they are intended and reasonably suited and which are incident to the use and occupancy of the homes, regulations that may be adopted by the Association pursuant to its By-Laws. subject to airy Tula d bb. All lawn mowers.bicycles, toys.grills and other similar objects must be stored when not in use so as not to be visible by the Owners of other Lots or the users of any strew or recreation area. 12 s.7a 2044 0985 2053 O654 CC. All wells and pumps which are permitted tinder the terms of Article 13.Section I must be located so as not to be visible from any street or recreation area or Common Area and must be screened from view. The design and location of the well, pump, and screening facilities shall be approved by the DECLARANT or Committee and the well.pump and screening facilities must be kept free from disrnioratJam, including nut. Section I0. This Article and these PROTEC17VE COVENANTS shall not apply to any sales office which may be maintained by the DECLARANT within the Ceorgetowne SUBDiWSION. AR77C E 10 Anner4dM of Additional Protxrtirs Section 1. Except as provided in Sections 2 and 3.below,anneiation of additionalpmperry shall require the assent of two-thirds(213)of the Class A Members, if any,at a meeting duty called for this purpose, written notice of which shall be sent to all Members not less than ten(10)days nor more than Axty (60)days in advance of the meeting. Section 2. If the DECLARANT, its successors or assigns,shall develop all or any portion of any land which is located within a 3 mile radius of and is adjacent to or contiguous with that property described in Map Book 35,Pages 270 and 271,of the New Hanover County Registry,such additional tract or tracts may be annexed to said Properties without the assent of the Class A Members. DECARANI S right to annex property hereunder is not obligatory and may be exercised by DECARANi'in is sole discretion. Section 3. The rights of DECLARANT reserved in Article 3 shall expire automatically on December 31,2015,if not exercised prior thereto. AR77C.E 11 Compliance with these Protective Covenants,the Articles and the Bylaws of the Association In the case of failure of an Owner to compty with the terms and provisions contained in these Protective Covenants.the Articles,the Bylaws or Rules and Regulations of the Association,the following relief shall be available: Section 1. The Association,the DECARANT and any Owner,an aggrieved Owner within the Subdivision on behalf of the Association or any Owner on behalf of all the Owners within the Subdivision shall have the right to enforce by any proceeding an law or in equity,all of the conditions,covenants and restrictions of these Protective Covenants and the Articles,Bylaws and rules and regulations of the Association and any and all laws hereinafter imposed pursuant to the terms of these Protective Covenants. The prevatling party shall be entitled to called all toss thereof,including reasonable atmrney's fees. Section 2. The Association shall have the right to remedy the violation and assess the toss of remedying same against the offending Owner as an individual assessment as provided in Article 6 herein. Section 3. For any violation by an Owner,including,but not limited to,the nonpayment of any general, special or individual assessment, the Association shall have the right to suspend the offending Owner's voting rights and the use by such Owner,his agents,lessees,employees,licensees and invitees of the Common Areas in the Subdi vision for any period during which a violation continues except that such penalties may not be for more than scary(60)days for violation of any of the Association's published rules and regulations. Section 4. The Association may establish a schedule of fines for the violation of these Protective Covenants,the Articles,Bylaws and rules and regulations. If an Owner does not pay the fine within 15 days the fine shall be an individual assessment against the property and may be enforced by the Association in accordance with Article 6 herein. Section 5. The remedies provided by this Article are curnulativr,and are in addition to any ocher remedies provided by law. Section 6. The failure of the Association or any person or Owner to enforce any restriction contained in these Protective Covenants,the Articles,the Bylaws or the rules and regulations shall not be deemed a waiver of the right to do so thereafter_ 13 , BOOK PAGE ` 0 $ 6 6 5 5 2 04 4 0 9 8 G AWCU12 p�nrotiort Amendment�Tcr..,}tarion Section 1. Lots.Persons and Entities Stnhiect ro th.Protective Cevenants All preset and future Owners.tenants.and occupants of Lots and their goals or nnvireet,hcnesea,employers or agents,shall be subject to, and shall comply with the covenants, conditions, restrictions and afJirmmve obligations set forth in shah Protective Covenants.and as the Protective Covenants maybe amended from time to time. The Actroptance of a deed of conveyance or the entering into of a lease or the entering into occupmncy of any Lot shall constitute a» agreement Hurt the provisions ojthese protective Covenants are accepted and ratified by such Owner,tenant or occupant and Char they will fully comply with the terms and conditions of said Prxmective Covenants. The cwasants. casdittonas,ra7rictiont,and affrrnhatdve obligations of these Protective Covet�mts shall inurr to the be t of and be a forceable by the Association,or the Owner ojany Lot.thdr respective legal rrprti sentatives.heirs,successors and assigns,for a term of A_ly (20)years from the dare these Protective Covenants are recorded in the New Hanover County Registry,alter which date these Protective Covenants shall be extended for successive periods of t1tS RU)Years. unless a majonty of the then Owners agree to revoke the same,and the covenants, restrictions, conditions and affirmative obligations of this obligations shall run with and bind the land and shall bind any person having at any time any interest or estate in any Lot as though such provision very deed of conveyance or lease, were made a part of each and e Protective Co Section 2. Amendmat. Ar any time prior to December 31,2015 or until all Lots are sold,these venants maybe amended by DECTARANI'tn its discretion. Retention of this right by the DECLARANT is not intended to affect the general or common scheme of development for the property herein described but to correct and/or modify situations or circumstances which may arise during the course of development 7hrreajieI these Prorecive Covenants may be amended try vote of not less than sixty Percent(60%)of the Owners and an instrument must be recorded at the New Hanover every may the Protective Covenants be County Registry for such an amendment to be rfjective. In no for public the Protective as herein p�or so to alter any obligation to pay ad valorem taxes or assessments to d rive DE afj any Genfor the payment thereof established herein,or so as eP CL.ARANT, its designee or successors and assigns of any rights herein granted or reserved unto DECZARANT In addition,the DECLARANT may amend these Protective Covenants to annex additional property and make it subject to the terms,conditions, restrictions,obligations and covenants of these Protective Covenants as provided in Article 3 and Article 10 herein. ARr1CU 13 General Provrsionns Section 1. YMLc_'R4 Water Sewer Servic and Utilities. Municipal sewer service shall be Provided by New Hanover County or other mu ntcfpal agency or by opal agency or d d�r^� Walny. I ice erthrvice t v he Lo is —� ll be vded a mend department,or by licensed utility aomhpmty. !f+via er service to the Lot is f-m a municipal agency or depa►rment or a licensed utillry company,all Owners)mud tie into and use such system and shall not use a private well. No private well shall be permitted on any Lot except for irrigation purposes or if municipal or community water service is nor available. A well jor irrigation purposes shall only be allowed with the approval of any private community water system, which approval shall not be unreasonabiy withheld.and the consent of the DECLARANT or Committee. Section 2. Amenities and Facilities. Every park,recreation area,recreation facility,dedicated access and other Amenities appurtenant ro the Subdivision,whether or not shown and delineated on any recorded Plot of'he Subdivision,shall be considered private and for the sole and exclusive use of the Owners of lots within the Subdivision. Neither DECLARANT IS execution nor[her, ojarry plat nor any other act ojDECLARANT with respect to such area is.or is intended to be,or shall be construed as a dedication to the public of arty such areas,facilities,or Amenities. Section 3. Waiver. No provision conla'mW in these Protective Covenants, the Articles of Incorporation or the Bylaws of the Association s reason hall be deemed ro have been waived abandoned or abrogated by haw often the failure to enforce is repeated.failure to enforce than on the parr of any person as to the same or similar future violations,no matter Section 4. Variances. The Board of Directors or DECURANT in is discretion may allow reasonable variances and adjustments of these Protective Covenants in order to hardship in their enforcement and operation. Any such variances shall not violate spi r irnrent of this document to create a Subdivision of Lors owned in fee by various persona with earlr �Owner having an nt f this upon areas owned by the Association. Section S. Can ic. In the event of any irreconcilable conflict between these Restrictions and the By-Laws of the Association, the provisions of these Restrictions shall control. !n the event of any irreconcilable conflict between these Restrictions or the By-Laws of the Association and the Articles of incorporation of the Association, the provisions of the Articles of Incorporation shall control. 14 n&er,ese 74 c BOOK PAGE 2053 O656 20 `i4 0987 Section 6. Im+alidation of any one of these coumaets or restrictions by pndgment or any coon, agency or legislative order shall in no way affect any odntr provision, covenants, conditions or restrictions contause d in these Protective Cove am. Section 7. t!o . 71ie captions preceding the variotes Articlts of these Awewve Covenants are for the convenience of reference only.and shaU not be used as an aid in interpretation or crnvtrrtaion of these Protective Cov rsmsts. As used herdn, the singular innchdes the phnml and where there is moue than one Owner of a Lot. said Owssers are jointly and severally liable for the obliganoru herein impomd. 7itn wghow these Protective Covenants,mfe Wee to the masculine shall be dinned to induce the femixmt the ferss(niw to dnahsde Me masculine and the hater to inchde dte masca due ad feminine. Section 8. AssijMNU&of Rights and Liabilities. DECLARANT shaU have fhe right to s4 tone, transfer, assign, license and in any manner abouve or dispose of any rights, interests and liabilities retained, accruing and reserved to it by these Protective Covenants. Following any such disposition.DECLARANT in no way shaU be Gable or responsible to any party with regard to any such right,interest,or Gabday or any claim or claims arising out of same in any manner. Section 9. L&raf Construction The provisions of these Protective Covenats shall be construed GbaaUy to eff-iume its purpose c f creating a Subdi-ion of fee simple ownership of Lou and buildings governed and controUed by ruts, regulations,restrictions.covenants,conditions.reservations and easements administered by an Owners'Association with each Owner entitled to and burdened with the rights and easements egwvakmt to those of other Owners. IN WnNESS WHEREOF, Ladmant Developers. Inc., and Landmark Homes, Inc. the DECLARANT.have caned this instrument to be ezecuted by its proper corporate officers,aU as of the day ad year first above written. , ,,��d�EVhrhreAe,,• A: CORPORATE x` LANDMARK DEVELOPERS. INC. SEAL (CORPORATE SEAL)'•. . ' �` BY: (SEAL) i Presidort ATTEST: eeatassel"�`�,,,, /q,&x4t1occ�x-t h t Azr._,secretary LANDMARK HOMES,WC. (CORPORATE SEAL) BY. A7TEST: ' J -GG Presidau/issr_ Stcretary 40 qCORPORATE :n SEAL 15 naua.s r. SCC�; PP.G[ 2053 0657 PAGE NORM CAROUNA BOOK NEW MNOVER COUNTY 2 0 y 4 0 9 8 a 1. S• tb�P .a Nomy FkMC of Me State and C-uuy afo►e=d cnrijy that �{; nnQ- r1�a�Pef h fume before—this day and acknowledged that s/he is secretary Of Landmark Dewlapers, Inc.a North Carolina eorpormiom_M lts principal office in N Ho CO"Irma-�MW bY TahontY duty gIvm and at the w of the corporation,the jotrgoing inst►atnerer xe sigimd in by usVret president. sealed with its ootporate seol, and attestat by hersdj/himselj as is —z�iT ,terramy. Zhu Wl17v=my hand and official,,,, g • seal �day+rfTtan� .I996. Norm ..-- My commission it S — Notes Public � `�7 PUBLK` �1t. AIN t -o�iy:. ��•rr NORTH CAROIJNA NEW HANOVER COUNTY that nn b S Of a Notary Public of the State and County a for=W,w16 ...6J _personally crone before me this day and aebeowledged that s/he is_QAEL secretary of Lardmant Hones,Inc.,a North Carolina corpormion with its phnadpol o ftcn in New Hammer Cowny anti that by authority drdy giwn and as the act of Me aorpormaq,the jbregoing instranent was signed in its name by its V s Ltr res pidast,seded with its cotponVesad,and attested byheruy1himteffas its Q j secretary. SWWI?➢NES m dal seal the day of NOfA1K -. - y AW xy commission expi PUBW sc NORTH CaROLJNA COUNTY OF NEW HANOVER The foregoin certijicme of �' , pl .�p���, a Notary Public of J��,;Poarny. QNo�rtth Carolina,rs cerri to be co . Vds dy of �-1.� , 1996. Y REGISTER OF DEEDS OF NEW HANOVER COUNTY BY. my 16 +vase&M SOC:: :11,GE 2053 0658 PREPARED BY: MURCHISON, TAYLOR, KENDRICK, GIBSON & DAVENPORT 16 N. Fifth Avenue, Wilmington, NC 28401 EXPLANATION STATEMENT TO CORRECT OBVIOUS MINOR ERRORS) MADE IN AN INSTRUMENT AS ORIGINALLY RECORDED RE: BOOK 2044 PAGE 0973 RECORDED IN THE NEW HANOVER COUNTY REGISTRY NAMES OF ALL PARTIES TO THE ORIGINAL INSTRUMENT: GRANTOR: landmark Developers. Inc. ansl Landmark Homes. Inc. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I/WE, the undersigned, hereby certify that the following corrections are made in the above-named recorded instrument in accordance with the provisions of G.S. §47-36.1 ratified June 30, 1986. DESCRIPTION OF CORRECTION(S) :This_document is being rerecorded to chanve the name of the DECLARANT geferred to on Page 2 Section 9 from Liberty Developers LLC to Landmark Developers Inc THIS THE J;5f DAY OF , 1996. (SEAL) Nancy .I. ut,pn This explanation statement.f together with the attached instrument duly rerecorded at 2:.SoC o'clock 10.m. this the / day of fu4i , 1996, in the book and page shown on the first . ByopagVeereo gister of eeds Deputy/A8wtvt!&nt Register of Deeds BYLAWS OF GEORGETOWNE HOMEOWNERS' ASSOCIATION, INC. ARTICLE 1 GENERAL 1. Name and Location. The name of the Association is Georgetowne Homeowners' Association, Inc. The principal office of the Association shall be located at 5022 Wrightsville Avenue, Wilmington, NC 28403 , or at such other place as may be subsequently designated by the Board of Directors of the Association. 2. Applicability. The provisions of these Bylaws are binding on all owners of lots in Georgetowne (herein called "Subdivision") , their tenants, guests, invitees, agents, employees, licensees, grantees, successors and assigns . 3 . Definitions . The definitions of the terms used herein shall be the same as the 'definitions set forth in the Protective Covenants for Georgetowne. ARTICLE 2 MEMBERSHIP Every owner of a lot shall be a member of the Association and membership in the Association shall be limited to lot owners . ARTICLE 3 MEETINGS OF MEMBERSHIP 1. Place. All meetings of members shall be held at such place as may be designated in the notice of the meeting. 2 . Annual Meeting. The annual meeting of the members of the Association shall be held in� of each year at a date and time to be fixed by the Board of Directors . At the annual meeting, the members shall elect the new members of the Board of Directors and transact such other business as may properly come before the meeting. 3. First Annual Meeting. The first 'annual meeting of the members shall be held during the month following the conveyance by the DECLARANT of record fee simple title to all the Lots in the Subdivision. 4. Proviso. Notwithstanding any of the provisions herein, until the conveyance of record fee title by warranty deed or otherwise of all of the Lots in Georgetowne by the DECLARANT there shall be no annual or special meeting of the members of the Association, and, should a meeting be called, the proceedings shall have no effect unless approved by the Board of Directors of the Association. However, the DECLARANT may waive this proviso, in whole or in part, by consenting in writing to a meeting of the membership. 5 . Special Meetings. Special meetings of the members must be called by the President of the Association upon a vote of the majority of the Board of Directors or at the written request of the members entitled to vote one-third (1/3) of all of the votes of the Association. Business transacted at all special meetings shall be confined to the subjects stated in the notice of the meeting. 6. Notice of Meetings. Written notice of each annual and special meeting of the members shall be served upon or mailed to each member entitled to vote thereat, at such address as appears on the books of the Association, at least ten (10) days, but no more than sixty (60) days, before the meeting. The notice shall specify the place, day, time and purpose of the meeting. Waiver in writing of the notice required herein, signed by the member before, at, or after such meeting, shall be equivalent to the giving of such notice. Each member shall notify the Secretary of the Association of any address change, and the giving of notice shall be in all respects sufficient if sent to the address of the member which is then on file with the Secretary. 7. Membership List. At least ten (10) days before every election of directors, a complete list of members entitled to vote at the election, showing the lot owned by the member and the residence address of each, shall be prepared by the Secretary. Such list shall be open to examination by any member throughout the ten (10) day period preceding the election, until the election is completed. 8 . Voting Rights. The number of votes each member is entitled to cast at any meeting of the membership is set forth in Article 6 of the Articles of Incorporation. If more than one person or entity owns a Lot, they shall file a certificate with the Secretary naming the person authorized to cast the vote for the Lot. If no certificate is filed, the co-owners must designate, at the time of the meeting, the person authorized to cast such vote. 2 9 . Proxies. At all meetings of the members, every member shall have the right to vote in person or by proxy. All proxies shall be executed in writing by the member or by his duly authorized attorney-in-fact and shall be filed with the Secretary. 10. Quorum. At any meeting of the members, twenty-five percent (25%) of the members entitled to vote, present in person or by proxy, shall constitute a quorum of the membership for any action, except as otherwise provided in the Protective Covenants of Georgetowne, Section 1 (hereinafter "Protective Covenants") or these Bylaws. If, however, such quorum is not present or represented at any meeting, the members present and entitled to vote shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. If adjournment extends thirty (30) days past the originally scheduled meeting date, notice of the date on which the adjourned meeting is to be reconvened shall be given as herein provided. The quorum at any subsequent meeting as a result of adjournment shall be one-half (1/2) of the required quorum at the preceding meeting. 11. Ouorum at Meeting Called for Special Assessments of Capital Improvements. Written notice of any meeting called for the purpose of taking any action authorized under Article 6, Section 5 of the Protective Covenants shall be sent to all Members not less than ten (10) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast fifty-one percent (51%) of all the votes of each class of membership shall constitute a quorum. The required quorum at any subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 12 . Voting Reau- ired to Transact Business. When a quorum is present at any meeting, a majority of the votes entitled to be cast by the members present or represented by proxy shall decide any question brought before the meeting unless the question is one upon which, by express provision of the Protective Covenants or these Bylaws, a different vote is required, in which case such express provision shall govern and control the decision of such question. 13 . Action without a Meeting. Any action which is required or permitted to be taken at a meeting may be taken without a meeting if: a. Consent in writing, setting forth the action so taken, is signed by all of the members entitled to vote with respect to the subject matter thereof and filed with the Secretary, whether done before or after the action so taken; or 3 entitled to vote,. Approved by written ballot sent to all members ballot a provided, M the number of votes cast by written meeting equals oauth orizing sathe quorum and required to be present at a cast e (ii) the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the same total number of votes were cast. memb 14 . Order of Business. The order of business at annual ers' meetings and as far as practical at other members' meetings, will be: a. Roll call and certification of proxies; b. Proof of notice of meeting or waiver of notice; C. Reading of minutes of prior meeting; d. Officers' reports; e. Committee reports; f. Appointment by Chairman of Inspectors of Election; g. Election of directors; h. Unfinished business; i. New business; j . Adjournment. 15. Associate Members. The Board of Directors can decide to allow use of the Amenities of the Subdivision by persons who do not own Lots in the Subdivision. These persons shall be called associate members. Associate members shall have no voting rights in the Association, or any other rights reserved to members and set forth in the Articles of Incorporation, these Bylaws, or the Protective Covenants. The associate members shall be bound by the rules and regulations established by the Board of Directors regulating membership rights, duties and obligations and the use of the Amenities. violations of the rules and regulations may result in the suspension or termination of the associate member's membership and/or the imposition of fines and penalties by the board. The Board shall set the qualifications and membership fee structure for associate members in its sole discretion. 4 ARTICLE 4 BOARD OF DIRECTORS 1. Number. The affairs of the Association shall be managed by a Board of Directors consisting of three (3) until the first annual meeting of the members and thereafter consisting of five (5) , all of whom shall be members of the Association, except that none of the initial Board of Directors or their successors need be members until the first annual meeting of the members . 2 . Term. The term of office of a director shall be two (2) years . The first election of the Board of Directors shall provide for the election of three (3) directors for a two (2) year term and for the election of two (2) directors for a one (1) year term. Thereafter, all directors shall be elected for a two (2) year term such that three (3) directors are elected one year and two (2) directors the next year. 3 . Vacancy. Any vacancy occurring in the Board of Directors by reason of transfer of ownership, death, resignation, retirement, disqualification, removal from office or other reason, may be filled by the remaining Board of Directors appointing a member to fill the vacancy. A director appointed to fill a vacancy shall be appointed for the unexpired term of his predecessor in office. 4 . Removal. Any director may be removed from the Board of Directors, with or without cause, by a majority vote of the total membership of the Association. 5 . Orcranizational Meeting. The organizational meeting of a newly elected Board of Directors of the Association shall be held within ten (10) days of their election at such place and time as shall be fixed by the Directors at the meeting at which they were elected, and no further notice of the organizational meeting shall be necessary. 6 . Disqualification and Resignation of Directors . Any Director may resign at any time by sending a written notice of such resignation to the office of the Association, delivered to the Secretary. Unless otherwise specified therein, such resignation shall take effect upon receipt thereof by the Secretary. Commencing with the Directors elected at the first meeting of the membership, the transfer of title of his Lot by a Director shall automatically constitute a resignation, effective when such resignation is accepted by the Board of Directors, unless the Director continues to own another Lot. No member shall continue to serve on the Board should he be more than thirty (30) days delinquent in the payment of an assessment, and said delinquency is confirmed by the Board of Directors . 5 7. First Board of Directors. The first Board of Directors shall consist of those named in the Articles of Incorporation of the Association. The first Board of Directors shall serve until the first annual meeting. S. Comunsation. No director shall compensation for any service he may render to receive the Association in his capacity as a director. However, each director may be reimbursed for actual expenses incurred in the performance of his duties. 9 . Proviso. Notwithstanding any provisions contained herein, until Class B membership ceases, the Directors, named in the Articles of Incorporation or their successors need not be members and may not be removed by the members of the Association. 10. Powers. The Board of Directors may exercise all corporate powers not specifically P Y Prohibited by statute, the Articles of Incorporation or the Protective Covenants to which these Bylaws are attached. The powers of the Board shall specifically include, but not be limited to, the following: a. To an individual assessments and k stablish thectime within whpecial and Of such assessments are due; Payment b. To use and expend the assessments collected to maintain, care for, manage and preserve the Common Areas, except those portions thereof which are required to be maintained, cared y for and preserved by the owners; insurance C. To procure, maintain and pay premiums on, policy(s) and equitably assess the members as part of the Common Expenses; d. To contract for management of the Subdivision and to delegate to such manager, employee or contractor all polders and duties of the Association except those specifically required by the Protective Covenants to have specific approval of the Board of Directors or the membership of the Association; e. To employ and compensate such personnel as may be required for the maintenance and preservation of the property, including but not limited to attorneys, accountants, contractors and architects; f. To make and amend rules and regulations governing the use of the common areas and facilities and the conduct of the Lot Owners, their tenants and guests; g. To acquire, rent or lease a Lot in the name of the Association or its designee; 6 h. To enforce the provisions of these Bylaws, the Articles of Incorporation, the Protective Covenants and the rules and regulations promulgated thereunder by any legal means, including the denial of a Lot Owner' s right to use the common areas and facilities and assessment of penalties and fines; i. To designate, as the Board deems appropriate, assigned parking spaces for each lot, visitors, service vehicles, and other vehicles; j . To adopt an annual budget for the property; k. To impose and receive any payments, fees, or charges for the use, rental, or operation of the common areas or elements other than for service provided to members; 1 . To purchase equipment, supplies and materials required in the maintenance, repair, replacement, operation and management of the Association property; M. To pay bills for utilities serving the Association property; n. To foreclose any unpaid assessments and liens resulting therefrom against any property for which assessments are not paid within thirty (30) days after the due date or to bring an action at law against the member personally obligated to pay the same; o. To exercise all authority with respect to architectural review and control, including but not limited to the authority to approve plans and specifications for all structures on and improvements to lots and common areas, to impose and collect architectural review fees, to approve landscaping plans, to enforce design guidelines applicable to the lots and common areas, and to enact additional guidelines for all improvements; P. To exercise all authority in connection with lot use restrictions, including but not limited to the authority to enforce use restrictions applicable to the lots, to enact rules and regulations relating to lot use and lot owners and guests, and to establish and collect fines for breaches of such restrictions , rules and regulations; . q. To exercise all authority to grant easements over the common areas; r. To delegate to any person or entity any powers not prohibited by law to be delegated; 7 s. To allow use of the Amenities, by persons who do not own a Lot in the Subdivision, who shall be called associate members, to enact rules and regulations for membership rights, duties and obligations of associate members, to enact rules and regulations for the use of the Amenities by associate members, to establish qualification criteria and membership fee structure for associate members, to establish fines and penalties for violations by associate members, and to suspend or revoke membership rights of associate members; t. To sue and be sued, complain and defend in the Association name; U. To have a corporate seal, which may be altered at will, and to use it, or a facsimile of it, by impressing or affixing it or in any other manner reproducing it; V. To purchase, receive, lease, or otherwise- acquire, and own, hold, improve, use, and otherwise deal with, real or personal property, or any legal or equitable interest in property, wherever located; exchange, and otherwise dispose of al or any pledge, lease, y part of its property; X. To purchase, receive, subscribe for, or otherwise acquire; own, hold, vote, use, sell, mortgage, lend, pledge, or otherwise dispose of; and deal in and with shares or other interests in, or obligations of, any other entity; Y. To make contracts and guarantees, incur liabilities, borrow money, issue its notes, bonds, and other obligations, and secure any of its obligations by mortgage or pledge of any of its property, franchises, or income; Z. To lend money, invest and reinvest its funds, and receive and hold real and personal property as security for repayment; aa. To be a promoter, partner, member, associate or manager of any partnershipand , joint venture, trust, or other entity; bb. To make donations for the public welfare or for charitable, religious, cultural, scientific, or educational purposes, and to make payments or donations not inconsistent with law for other purposes that further the corporate interest; To exercise all exercised in this .state by legal entities of ther Powers esame that may be Association; type as the 8 dd. To have and to exercise any and all powers, rights and privileges which a corporation organized under the Non- Profit Corporation Law of the State of North Carolina by law may now or hereafter have or exercise; 11. Duties. It shall be the duty of the Board to do the following: a. To cause the comon elements to be maintained, repaired, and replaced as necessary, and to assess the members to recover the cost of the upkeep of the common elements; b. To keep a complete record of all its acts and corporate affairs and present a statement thereof to the members at the annual meeting, or at any special meeting when such statement is requested in writing by 20% of the members; c. To supervise all officers, agents and employees of the Association, and see that their duties are properly performed; d. To fix the amount of the annual assessment at least ten (10) days in advance of each annual assessment period based on the projected budget for the annual assessment period and pursuant to the provisions set forth in the Declaration of Protective Covenants; e. To send written notice of each assessment to every member at least thirty (30) days in advance of the due date for each annual assessment; f. To issue, or have issued, for a reasonable charge, a certificate setting forth whether or not any assessment has been paid; provided, however, that if a certificate states that an assessment has been paid, such certificate shall be conclusive evidence of such payment as to all parties except the member and lot owner as of the date of the assessment; g. To procure and maintain, at all times, adequate hazard insurance on the property owned by the Association and all property for which the Association has the duty to maintain, and sufficient liability insurance to adequately protect the Association as provided in the Declaration of Protective Covenants; h. To hold the organizational meeting of any newly elected Board of Directors within ten (10) days of their election in accordance with Article 4, Section 5 above; i. To pay all taxes and assessments against Association property; and 9 funds and To select depositories for to determine the manner of receiving,the Corporation's ck and theand disbursing Corporation funds and the form of ch person or persons by whom the same shall be signed, when not signed as otherwise provided by these Bylaws. ARTICLE 5 MEETINGS OF DIRECTORS 1• Meetings. Meetings of the Board of Directors shall be held at such place and hour as may be fixed from time to time resolution of the Board, after not less than three 3 to each director, by ( ) days notice Directors 2. _Special MeetinQa, shal Special meetings of the Board of l be held when called by the President of the Association, or by any two (2) directors, after not less than three (3) days' notice to each director. 3' 29-EUM• At all meetings of the Board of Directors, a majority of the Directors shall constitute a transaction of business, and the acts of the majoriittly foof the Directors present at such meetings at which a Shall be the acts of the Board of Directors. quorum m Present the Board of Directors there is less than a If quorum any meeting of majority of those present maPresent, the time. At each such adjourned meeting, any business y adjourn the meeting f which rom l mi ht have been transacted at the meeting,transacted without further notice. as originally called, may the action of a meeting by signingThe joinder of a Director in a thereof shall constitute the and concurring in the minutes a Presence of such Director for the Purpose of determinin g quorum. 4. Board of Directorsver of Notice. Before or at any meeting of the , any Director may waive notice of such meeting and such waiver shall be deemed equivalent to the giving of Attendance by a Director at any meeting of the Board hall be ea waiver of notice by him of the time and place thereof, except where a Director attends a meeting for the express purposeto the transaction of any business because the meeting is not lawfully called or convened. If a meeting of directors otherwise of objecting valid is held without proper call or notice, action taken at such a meeting is deemed ratified b y a unless promptly, after having knowledge roftthe actionor whodtanot k n andattend the impropriety in question, he files with the Secretary Association his written objection to the holding of the meetingtor to any specific action so taken. 10 5. Action Without a Meeting. Any action taken by a majority of directors without a meeting is nevertheless effective if written consent to the action is obtained from all the directors and filed with the minutes of the proceedings of the Board, whether done before or after the action so taken. 6. Attendance by Telephone. Any director may participate in a meeting of the Board, by means of a conference telephone or similar communications device which allows all persons participating in the meeting to hear each other. Such participation by a director in a meeting shall be deemed presence in person by the director at such meeting. ARTICLE 6 OFFICERS AND THEIR DUTIES 1. Officers. The officers of the Association shall be a President, Vice-President, Secretary and Treasurer, all of whom shall be elected annually by the Board of Directors. Any two offices may be held by the same person, except the offices of the President and Secretary. The President and Vice President must be members of the Board of Directors . All other officers need not be members of the Board of Directors or of the Association. 2. Special Officers. The Board of Directors may from time to time elect such other officers as the affairs of the Association require, including an Assistant Treasurer and Assistant Secretary, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may prescribe. 3. Term. The officers shall hold office until their successors are chosen and qualify in their stead. Any officer elected by the Board of Directors may be removed at any time with or without cause by the Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. No compensation will be paid to the officers of the Association. 4 . Removal or Resignation. Any officer may be removed from office with or without cause, at any time, by action of the Board. Any officer may resign at any time by giving written notice to the Board, the President, or the Secretary. Such resignation shall take effect on the date of receipt of the notice, unless a later time is specified therein. The acceptance of the resignation shall not be required to make it effective. 5 . Compensation. No compensation shall be paid to the officers of the Association. 11 6• Vacancv. the Board of Directors. A vacancy in any office may be filled by the unexpired shall serve forAn officer appointed to fill a vacancy term of the officer he replaces. . Du-ti_es. The duties of the officers are as follows: executive officer of resident. The President shall be the chief meetings of the members. the Association and shall preside at all general supervision erthe affHe shall have airs of he executive executive powers and Officers and shall bear ex-officio members of all committees. He Shall sign all written contracts and Association and other his office which may Perform all duties incident to Board of Directors.y be delegated to him from time to time by the in the b. Vice-president. The Vice-President shall act place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise his discharge such other duties as may be prescribed by the Board. d C. Secretarv. The Secretary shall record the notes and keep the minut- e o all meetings of the members and of the Board of Directors in one or more books Purpose; shall see that all notices are full provided for that y g with the provisions of these Bylaws or as re iven in accordance custodian of the Association's records and f d he lsealsof lt be he Association and shall see that the seal of the Association is affixed to all documents requiring said seal; shall keep the records of the Association, except those of the Treasurer, and in general, shall perform all duties as from time to time may be assigned to him by the President or by the Board of Directors. d. Treasurer. The Treasurer shall receive and deposit all monies and other property of the Associat depositories as may be designated by the B in such oard; shall ion ion books of account; shall disburse the funds of the Association as ordered keeP proper disbursements, t a Board, taking proper vouchers for such Directors shall render to the President and Board of or whenever they may require it, an account of all his transactions as Treasurer and of the financial condition of the Association, which records shall be open to inspection by members at reasonable times; shall prepare an annual budget and a statement Of income and expenditures to be regular annual meeting; shall withethe tad r the members at their authorized to delegate all or approval of the Board, be competent accounting,delegate Part of his responsibilities to such event, collection or management personnel, but in such and, Treasurer shall retain supervisory res general, perform all incident to the office of Treasurer anda assign d to him bytthe President or the Board. 12 8. Indemnification. To the fullest extent and upon the terms and conditions from time to time provided by law, the Association shall indemnify any and all of its officers, directors, employees and agents, or any person who has served or is serving in such capacity at the request of the Association in any other Association, partnership, joint venture, trust or other enterprise, against liability and reasonable litigation expenses, including attorneys' fees incurred by him in connection with any action, suit or proceeding in which he is made or threatened to be made a party by reason of being or having been such director, officer, employee or agent (excluding, however, liability or litigation expenses which any of the foregoing may incur in relation to matters as to which he shall be adjudged in such action, suit or proceeding to have acted in bad faith or to have been liable or guilty by reason Of willful misconduct in the performance of his duty) . Such directors, officers, employees and agents shall be entitled to recover from the Association, and the Association shall pay, all reasonable costs, expenses and attorneys' fees in connection with the enforcement of rights of indemnification granted herein. Any person who at any time after the adoption of this bylaw serves or has served in any of the aforesaid capacities for or on behalf of the Association shall be deemed to be doing or to have done so in reliance upon and as consideration for the right of indemnification provided herein. Such right shall inure to the benefit of the legal representatives of any such person and shall not be exclusive of any right to which such person may be entitled apart from the provisions of this bylaw. The Board of Directors of the Association shall take all such action as may be necessary and appropriate to authorize the Association to pay the indemnification required by this Bylaw, including without limitation, to the extent needed, making a good faith evaluation of the manner in which the claimant for indemnity acted and of the reasonable amount of indemnity due him and giving notice to, and obtaining approval by, the members of the Association. Expenses incurred by a director, officer, employee or agent in defending a civil or criminal action, suit or proceeding shall be paid -by the Association in advance of the final disposition of such action, suit or proceeding upon receipt, of an undertaking by or on behalf of the director, officer, employee or agent to repay such amount unless it shall be ultimately determined that he is entitled to be indemnified by the Association against such expenses . The Association shall have the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the Association, or is or was serving at the request of the Association as a director, officer, employee or agent of another Association, partnership, joint venture, trust or other enterprise against any liability 13 asserted against him and incurred b arising out of his status as such, hethernornnotuch thecAssociation would have the power to indemnify him against such liability. Any person who at any time of ter the adoption of this Bylaw serves or has served in any of the aforesaid capacities for or on behalf of the corporation shall be deemed to be doing or to have done so in reliance upon, and as consideration for, the right of indemnification provided herein. such right shall inure to the benefit of the legal representatives of any such person and shall not be exclusive of any other rights to which such person may be entitled apart from the provision of this Bylaw. 9 • Fidelity Bond. The Association shall provide blanket fidelity bonds for anyone who either handles oris responsible for funds held or administered b whether or not they receive compensation for their services.ionA management agent that handles funds for the Association should also be covered by its own fidelity bond. Except for fidelity bonds that a management agent obtains for its bonds shall name the Association as an obligee andtheirel, all such shall be a common a premiums The fidelity bond shall covers the maximumfunds thepaid by Association. will be �in the custody of the Association or its management agent at any time while the bond is in force. In ' addition, coverage must at least equal the sum of 3 months' assessment onball Lots in the Subdivision, plus the Associations reserve funds. The bonds must include a provision that calls for 10 days, notice to the Association, or any insurance trustee, beforetten the bond can be cancelled or substantially modified for any reason. ARTICLE 7 COMMITTEES The Committee and suchrd Of Directors other omm ttees shall appoint a Nominating deem appropriate. as they may from time to time ARTICLE 8 FINANCES 1 . Contracts. The Board of Directors may authorize any Officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Association, and such authority may be general or confined to specific instances . 14 2 . Loans. No loans shall be contracted on behalf of the Association and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors . Such authority may be general or confined to a specific instance. 3 . Checks and Drafts. All checks, drafts or other orders for the payment of money issued in the name of the Association shall be signed by such officer or officers, agent or agents of the Association and in such manner as shall from time to time be determined by resolution of the Board of Directors . 4 . Deposits. All funds of the Association not otherwise employed shall be deposited from time to time to the credit of the Association in such depositories as the Board of Directors may select. ARTICLE 9 RECORDS 1 . Receipts and Expenditures. The Board of Directors or the manager shall keep detailed accurate records in chronological order of the receipts and expenditures affecting the Common Areas and facilities and any other expenses incurred. Both said book and the vouchers accrediting the entries thereupon shall be available for examination by all Lot Owners, their duly authorized agents and attorneys, at convenient hours on working days that shall be set and announced for general knowledge. All books and records shall be kept in accordance with good and accepted accounting practices. 2 . Other Records . The Board of Directors or the manager shall keep correct and complete books of records of account, minutes of the proceedings, and a record of the names and addresses of the members entitled to ' vote, which latter records must be kept at the Association' s principal office. Any member, his agent or attorney may examine these books and records for any proper purpose at any reasonable time. 3 . Inspection of Records. The Association shall make available to Lot Owners, lenders, holders, insurers or guarantors of any first mortgage, current copies of the Protective Covenants, Articles of Incorporation, Bylaws or other rules concerning the Subdivision and the books, records and financial statements of the Association. Available means available for inspection upon request during normal business hours and under reasonable circumstances . 15 ARTICLE 10 RULES AND REGULATIONS The Board of Directors shall have the right to enact administrative rules and regulations regarding the use of the common areas and facilities and conduct of the members. ARTICLE 11 FORMS OF PROXY AND WAIVER 1 • Forms of Proxy. The following form or proxy shall be deemed sufficient, but an other form may sufficient in law; y Y be used which is Georgetowne Homeowners' Association, Inc. Know all men by these presents that the undersigned member Of Georgetowne Homeowners' Association, Inc. hereby constitute and a attorney and proxy appoints the Y of the undersigned to annual and special meeting of the members of Georgetowne Homeowners' Association, at which I am not present, until secretary of the Associa the tion receives from me a letter revoking this proxy and for and on behalf of the undersigned to vote as the undersigned would be entitled to vote if personally present, hereb confirming all that said attorney and Pro ratifying and the premises, and giving andunto ' shall do in said attorney and proxy full power of substitution and revocation. Dated: Member Witness : 16 2. Form of Waiver of Notice. The following form of waiver of notice shall be deemed sufficient, but any other form may be used which is sufficient in law: Georgetowne Homeowners' Association, Inc. We the undersigned (Board or Association Members) of Georgetowne Homeowners' Association, Inc. do hereby severally waive notice of the time, place, and purpose of (the annual or a special) meeting of the (Board of Association members) of the said association, and consent that same be held at on the day of 11 19 at o'clock _ .M. , and we do further consent to the transaction of any and all business of any nature that may come before the meeting. Dated this day of 19 ARTICLE 12 PARLIAMENTARY RULES Robert' s Rules of Order (latest edition) shall govern the conduct of all Association Meetings, not in conflict with the Protective Covenants, Articles of Incorporation and these Bylaws . ARTICLE 13 GENERAL PROVISIONS 1 . AMENDMENT. These Bylaws may be altered, amended or rescinded by the Board of Directors prior to the first meeting of the members. These Bylaws may be amended at a duly called meeting of the members, following an affirmative vote on the amendment by a majority of the Board of Directors. The notice of the members' meeting shall contain a full statement of the proposed amendment. Amendments must be approved by an affirmative vote of a majority of the votes of all Association Members entitled to vote. Directors and members not present in person at the meeting considering a proposed amendment may cast their votes for such proposal in writing, provided such votes are delivered to the Secretary of the Association at or prior to the meeting. 2. ASSOCIATION SEAL. A seal with the words "Georgetowne Homeowners' Association, Inc. , ,, on the outer circle shall be the common corporate seal of the Association and shall be in the custody of the Secretary. 17 These Bylaws effective as of vZl 19 i a�J '[Corporate Seal] Secretary Georgetowne e Homeowners' were adopted as under the laws of wners Association, Inc, non-prof the Bylaws of the the State of North Carolina on profit corporation Of the Board of Directors. at the first meeting Certified to be correct, this the /law— day of Secretary NC/ssh/bv/os6.949 18