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
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Landmark Developers, Inc.
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 ✓
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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
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- 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
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11-14-1996 12:80PM FROM MCKIM/CREED, CIVIL 9162516682 P. 2
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-------------
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
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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
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]As Requested Review and Sign For Your Review&Comment P O ctions
REMARKS
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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
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' 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
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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
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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
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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
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. 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
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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
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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
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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.
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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