Page’s Pond
Declaration of Covenants, Conditions and
Restrictions
INDEX
Introduction Introduction
Article I Definitions
Article II Properties Subject to Declaration
Article III Common Area Property Rights
1. Private Areas
2. Reservation of Easements
3. Ownership of Common Areas
4. Owner’s Easements of Enjoyment
Article IV Administration, Membership & Voting Rights
1. Administration of Common Areas
2. Rules & Regulations
3. Membership
4. Voting Rights & Membership Classes
5. Loans
6. Failure to Pay Assessments
7. Entrance for Maintenance & Repairs
Article V Covenants for Maintenance Assessments
1. Creation of Lien & Personal Obligation
for Assessments
2. Purpose of Assessments
3. Assessment Amount
4. Payment of Assessments
5. Special Assessments
6. Notice & Quorum
7. Exempt Property
8. Continuance of Lien
9. Nonpayment: Association Remedies
10. Certificate of Payment
Article VI Architectural Review
Article VII Restrictions & Requirements
1. Residential Use
2. Size &Placement of Structures
3. Other Requirements
4. Prohibitions
5. Easements
Article VIII General Provisions
1. Enforcement
2. Term
3. Mutuality of Benefit & Obligation
4. Motor Vehicles
5. Severability
6. Captions
7. Right to Amend to Achieve Tax Exempt Status
Article IX Right of Repurchase (deleted)
Page’s
Pond Homeowners Association
◊
Declaration of
Covenants, Conditions and Restrictions[1]
Introduction
This is the basic document for establishing the regime of
Page’s Pond. An interest in a lot or dwelling unit in Page’s Pond consists of
three (3) elements:
A. The fee simple title in the lot (including any
dwelling unit located thereon).
B. The easement of enjoyment in the Common Properties.
C. The membership in Page’s Pond Homeowners Association,
Inc., (The “Association”).
These interests are subject to various easements,
restrictions and covenants, and more particularly the obligation to pay the
proportion of assessments established by the Board of Directors for each lot including any dwelling
unit located thereon. Failure of individual owners to pay such assessment can
result in, among other sanctions, the creation of a lien on the title interest
in their respective lots (dwelling units) [2],
and can be foreclosed. Thus, the Association is assured of an adequate budget
to provide its services and maintain the properties and the program making up
Page’s Pond and its style of life.
The Association provides certain services including:
access to all facilities and all roads and open space; the provision of certain
exterior maintenance; and liability coverage for acts of the Association.
Membership in the Association and acts of the members
(owners) are subject to restrictions sufficient to provide order and facilitate
reasonable opportunities for maximum, and most enjoyable, uses of the common
facilities. Sanctions or suspension of privileges and the levying of liquidated
damages are provided to enforce the restrictions.
Any permanent structure or improvements erected or placed
upon any lot must have the approval of the architectural review board. This is
necessary to prevent unsightly additions, fences and structures which are
inconsistent with the character of Page’s Pond as a planned residential
community.
State of
Declaration of Covenants, Conditions and Restrictions, as Amended
WITNESSETH:
WHEREAS, DAVIDSON LAND COMPANY herein called the “Declarant”, is the fee simple owner of certain real property located in Deweese Township, Mecklenburg County, North Carolina, and desires to establish on a portion thereof a residential community consisting of single-family residential dwellings to be known as Page’s Pond, and further desires that said property be used, developed, maintained and managed for the benefit and welfare of owners of property in Page’s Pond Homeowners Association; and
WHEREAS, the Declarant desires to provide for the preservation of the values and amenities and the desirability and attractiveness of the real property in the Page’s Pond Homeowners Association; and for the continued maintenance and operation of common areas in the community; and
WHEREAS, the Declarant has deemed it desirable for the efficient preservation of the values and the maintenance of the common areas that certain covenants, conditions, easements, assessments, liens and restrictions governing the subdivision and development of tracts of land, and the use and occupancy of lots in the Page’s Pond Homeowners Association be established and declared to be covenants running with the land; and that an agency be created to which will be delegated the powers and duties of maintaining common areas, enforcing the covenants and restrictions, and collecting and dispersing assessments.
NOW, THEREFORE, in consideration of the premises, the Declarant hereby declares that all of the property hereafter described in exhibit A hereto annexed or that property that hereafter may be made subject to this Declaration of Covenants, Conditions and Restrictions (hereafter called the “Restrictions”) are and shall be held, transferred, sold, conveyed, occupied and used subject to the restrictions and matters hereinafter set forth, said restrictions and matters to be construed as covenants running with the land which shall be binding on all parties having or acquiring any right, title or interest in the described property, or any part thereof, and which shall inure to the benefit of each owner thereof, for and during the time hereinafter specified. Every party hereafter acquiring any lot, or portion thereof, in the described properties, by acceptance of a deed conveying title thereto or by execution of a contract for the purchase thereof, whether from the declarant or a subsequent owner of such lot, shall accept such deed or contract subject to each and all of the covenants, restrictions and agreements contained within these Restrictions, as well as any additions or amendments hereto, and also subject to the jurisdiction, rights and powers or the Declarant, the Page’s Pond Homeowners Association, and their successors and assigns. Each grantee of any lot subject to these restrictions, by accepting the deed or contract thereto, shall for himself, his heirs, personal representatives, successors and assigns covenant, consent and agree to and with the Declarant, the Association, and with grantees and subsequent owners of each of the lots within the Subdivision to keep, observe, comply with and perform said Restrictions and agreements.
DEFINITIONS
1. “Association”
shall mean and refer to the Page’s Pond Homeowners Association, a non-profit
corporation organized and existing under the laws of the state of
2. “Common Areas” shall mean and refer to any and all real property owned or held by the Association for the common use and enjoyment of all members and all walking trails, greenways and recreational areas and other common areas located within the Development which are maintained by the Association.
3. “Declarant” shall mean and refer to the Declarant herein, Davidson Land Company, its successors or designated assigns.
4. “Lot” shall mean and refer to (a) any plot of land identified as a lot on Exhibit A attached hereto, or any deed or contract of conveyance from the Declarant; and (b) any numbered plot of land shown on a recorded map or survey of Davidson Land Company or any part thereof with the exception of the Common Areas and non-residential areas. The foregoing notwithstanding, lot 1 of Phase II (as defined in the Bylaws) is excluded from Page’s Pond Homeowners Association.[3]
5. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot as herein defined, excluding however, those parties having such interest merely as a security interest for the performance of an obligation.
6. “Development” or “Page’s Pond” shall mean that land divided or to be divided into residential lots described in Exhibit A hereto annexed.
7. “Member” shall mean and refer to every person or entity who holds membership in the Association.
PROPERTY SUBJECT TO THIS DECLARATION AND
ADDITIONS THERETO
1. Existing
Property. The real property is and
shall be held, transferred, sold, conveyed and occupied subject to this
Declaration is located in
2. Additional Property. The Declarant reserves the absolute right, exercisable in its sole discretion from time to time, to add other lots to Page’s Pond and to subject such additional lots to the terms of these restrictions. Such additions shall be made in order to extend the scheme of these restrictions to other real property that may be developed as part of Page’s Pond, and to bring such additional property within the jurisdiction of the Association, thereby subjecting such additions to assessment for their just share of the Association’s expense. Such additions shall be made by filing of record a Supplemental Declaration of Covenants and Restrictions, which shall identify the real property to be included and shall incorporate these restrictions by reference.
No property of Declarant shall be subject to these restrictions except that property made subject thereto as herein provided. No property of Declarant shall be subject to any restrictions by implication arising from Declarant imposing these restrictions on the property herein identified.
COMMON AREA PROPERTY RIGHTS
1. Private Areas. Every common area within the development is a private area, with the exception of those areas shown on the recorded plats as public roadways, and neither the execution nor recording of any plat nor any other act of the Declarant or Declarant’s successor in title to all or any portion of the property is, or is intended to be, or shall be construed as, a dedication to the public common areas, except those that hereafter may be dedicated by a specific written and recorded deed or agreement of dedication.
2. Reservation of Easements. So long as Declarant owns fee simple title to such, the Declarant reserves for itself the right to offer to dedicate or transfer any streets or other parts of the common area to any public agency, authority or utility if it so desires. The Declarant also reserves for itself and, subsequent to the conveyance of portions of the common area to the Association, for the Association, the right to grant and reserve easements and rights-of-way through, under, over and across Page’s Pond for the installation, maintenance and inspection of the lines and appurtenances for public or private water, sewer, drainage, gas, electricity, telephone, cable television and other utilities, except this reservation shall not apply to lots in the Development except in easements within such lots shown on any recorded plat of the Development or any part hereof or as reserved in Section 5 of Article VII hereof. An offer of dedication places no liability upon any public agency to accept the dedicated streets or other property.
3. Ownership of Common Areas. The Declarant may retain the legal title to any common properties, other than streets or roads shown on any recorded plat of the properties, until such time as it has completed improvements, if any, thereon and until such time as, in the opinion of the Declarant, the Association is able to maintain the same; but, notwithstanding any provisions to the contrary, the Declarant hereby covenants, for itself, its successors and assigns, that it shall convey any such common properties to the Association not later than January 30, 1998.[4]
4. Owner’s Easement of Enjoyment. Every lot owner shall have a right and easement of enjoyment in and to the common area which shall be appurtenant to and shall pass with the title to every lot, subject to the provisions of this Declaration and the Charter and Bylaws of the Association as to the following provisions:
a. The right of the Association to suspend the voting rights and other rights of membership of an owner for any period during which any assessment against his lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations.
b. The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the common area.
c. The right of the Association, in accordance with its Charter and Bylaws, to borrow money for the purpose of improving the common area and facilities and in aid thereof to mortgage the common area, or any portion thereof, and the rights of such mortgage in said properties shall be subordinate to the rights of the homeowners hereunder.
ADMINISTRATION, MEMBERSHIP AND VOTING
RIGHTS
1. Administration of the Common Areas. The administration of the common areas, including maintenance, repair, and upkeep of the property, including the acts required by the Declaration, the Bylaws, and Articles of Incorporation of the Association, shall be performed by the Association.
2. Rules and Regulations. The Association may also adopt and enforce rules and regulations not inconsistent with these Restrictions, the Articles of Incorporation or Bylaws of the Association for the operation and administration of the Association and its property.
3. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any lot in Page’s Pond shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot, and shall be transferred automatically when the owner conveys, devises, gives or otherwise transfers his lot, even though such conveyance, devise or gift does not make mention of the membership rights of the Association. Such membership is not intended to apply to those persons or entities who hold an interest in any lot merely as a security for the performance of an obligation to pay money, e.g., mortgages or deeds of trust; however, if such secured party should realize upon his security and become the fee owner of the lot, he and his assigns of the lot will then be subject to all the requirements and limitations imposed in these Restrictions on owners of lots within the development and on members of the Association, including those provisions with respect to payment of annual charges. The Board of Directors may include reasonable rules relating to the proof of ownership of a lot in the Page’s Pond Homeowners Association.
4. Voting Rights and Classes of Membership.
a. Membership. Every person or entity who is a record owner of a fee simple interest in any lot or dwelling unit is subject to this Declaration to assessment by the Association and shall be a member of the Association; provided, however, that any such person or entity to hold such interest merely as a security for the performance of an obligation shall not be a member.
b. Voting Rights.
(1) Class A: Class A members shall be all owners of lots and owners of any type of dwelling unit, other than the Declarant. Any Class A member shall be entitled to one vote for each dwelling unit or each lot that he owns. When more than one person or entity holds an interest in any lot or dwelling unit, all such persons shall be members. The vote for such a lot or dwelling unit shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot, nor shall any vote be fractionalized.
(2) Class B: The Class B member shall be the Declarant, which shall be entitled to three (3) votes for each lot owned by it.[5]
5. Securing Loans. The Association shall possess the right, as provided in the Bylaws, to borrow money for the purpose of improving the common areas and to mortgage any portions of the common areas necessary to secure loans for such improvements. Provided, however, that no such borrowing or mortgaging shall be done without a prior vote of approval by two-thirds (2/3) of each class of members at a meeting called for such purpose, in accordance with the Bylaws.[6]
6. Failure to Pay Assessments. During any period in which a member shall be in default in the payment of any annual, special or other assessment levied by the Association, his rights to vote and all other rights and incidents of membership in the Association shall be suspended automatically until such assessment is paid. A member’s voting and use rights may also be suspended for violation of the Association’s published rules and regulations, provided, that prior to any suspension for such violation, the Board of Directors (or a committee thereof) shall conduct a hearing regarding the alleged violation after giving the accused member at least ten (10) days prior written notice specifying each alleged violation and setting the time, place and date of the hearing. At the hearing, the accused member shall have the right to call and question his own witnesses as well as any apposing witnesses. A determination of the violation as well as the terms of any suspension shall be made only by a majority vote of the Board.
7. Entrance
for Maintenance and Repairs. The
Association also reserves the right to direct its agents and employees to enter
upon the lot of any Association member for the purpose of repairing,
maintaining or restoring the lot or exteriors of any buildings or improvements
thereon, including the removal of unsightly weeds, underbrush and other
items. Provided, however, that the
Association may exercise such right only when the lot to be entered has not
been maintained in a manner satisfactory to the Declarant or the Architectural
Review Committee established in Article VI, and after approval of such action
by a two-thirds (2/3) vote of the Association’s Board of Directors. No entry may be made under this subsection
without first providing the owner at least ten (10) days prior written notice
requesting him to properly repair or maintain his lot; any entry by the
Association for the foregoing purposes shall be only between the hours of
COVENANTS FOR MAINTENANCE ASSESSMENTS
1. Creation of Lien and Personal Obligation for Assessments. The owner of each lot in Page’s Pond, by acceptance of a deed therefor, and Declarant, is deemed to covenant and agree to pay to the Association: (a) annual assessments or charges; and (b) special assessments for capital improvements. Such covenant will be deemed to arise whether or not it is expressly stated in the deed or other conveyance to the owner. The annual and special assessments, together with interest, costs and reasonable attorney’s fees, as well as any charges imposed under Section 7 of Article IV above, shall be a charge on the land and shall constitute a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney’s fees, shall also be the personal obligation of the person who was owner of such property at the time the assessment fell due. However, the personal obligation for shall delinquent assessments shall not pass to his successors in title (other than as the continuing lien on the land) unless expressly assumed by successors
2. Purpose of Assessments. Al assessments levied by the Association shall be used to provide funds for such purposes as the Association may determine for the benefit of its members. Such purposes may include, but are not limited to: maintenance, landscaping and beautification of the roads and common areas; construction, repair and replacement of improvements upon the common areas; the cost of labor, equipment, materials, management and supervision thereof; payment of taxes assessed against the roads and common areas; the procurement and maintenance of insurance; the employment of attorneys, accountants and other professionals to represent the Association when necessary or useful; the provision of other services intended to promote the health, safety and welfare of the members; and such other needs as may arise.
3. Determination of Assessment Amount. Prior to December 31 of each year the Board of Directors shall prepare a budget for the next calendar year. Based upon such budget, the Board shall fix the assessment amount in equal shares with each lot constituting one share.
4. Payment of Assessments. All annual and special assessments provided for herein shall commence as to all lots on the first day of the month following the transfer of title to the owner. The annual assessment shall be adjusted according to the number of months remaining in the calendar year. Thereafter, payment of assessments shall be made annually to the Association or its designee, on or before the due date established by the Board; provided, however, that the Board may elect to receive payment on a quarterly basis. The Board of Directors shall fix the amount of the annual assessment at least thirty (30) days before the due date and written notice of the charge so fixed shall be sent to each member.
5. Special Assessments. In addition to the annual assessment authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of acquisition of, and any construction, reconstruction, repair or replacement of a capital improvement upon common areas, including the necessary fixtures and personal property related thereto. Prior to the imposition of any such special assessment, two thirds (2/3) of each class of members voting at a meeting called to consider such assessment and at which a quorum was present, must vote their assent to its imposition.
6. Notice and Quorum. Except for a vote to amend the covenants and restrictions contained herein, which vote shall be conducted pursuant to Section 1 of Article VIII below, the notice quorum required for any actions of the Association authorized by Articles IV and V of this Declaration or as otherwise in the Articles of Incorporation, the Bylaws or by law provided, shall be as follows:
a. Written notice of the meeting called for the purpose of taking any action under Articles IV and V of these Restrictions shall be sent to all members not less than ten (10) nor more than sixty (60) days in advance of the meeting.
b. Members may attend and may vote in person or by proxy executed in writing by a member. No proxy shall be valid after eleven (11) months from the date of its execution, or after conveyance by the member of his lot.
c. At any meeting called for the purpose of taking some action by the Association membership, the presence in person or by proxy of members entitled to cast 20% of all the votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and any number of members attending such subsequent meeting, so long as such number represents at least 10% of all the outstanding votes shall constitute a quorum. No such subsequent meeting shall be held more than six (6) months following the scheduled date of the preceding meeting.
7. Exempt Property. All lots owned by the declarant during the period of 4 years[7]
from the date of the sale of the first lot of Page’s Pond and any lot which the Declarant may hereafter designate for common use as part of the common areas and convey to the Association, as well as all lots dedicated to and accepted by a local public authority, shall be exempt from the assessments and charges created herein. In addition, the lien of a mortgage or deed of trust representing a first lien placed upon any lot for the purpose of purchasing the lot or for permanent: financing and/or constructing a residence or other improvement thereon recorded in accordance with the applicable state laws from the date of recordation, shall be superior to any and all liens provided for herein. The sale or transfer of any lot by foreclosure of any first mortgage or any proceeding in lieu thereof, shall not extinguish the lien of such assessments as to payments due prior to such sale or transfer, provided such transfer shall not have been made for the purpose of defeating the lien.
8. Continuance of Lien.
a. The assessments and charges created herein shall constitute a continuing lien upon all lots in the subdivision and no owner may waive or in any way reduce his liability for the assessment by non-use of the common areas or abandonment of his lot.
b. In the event that any charge or assessment created in this Declaration remains unpaid by an Association member for thirty (30) days after the due date announced by the Board of Directors, the Association, through its agents and employees, may record with the Mecklenburg County Clerk of Court a notice of the lien created by this declaration.
9. Effect
of Nonpayment of Assessments: Remedies of the Association. In the event that any assessment of charge
created herein remains unpaid for thirty (30) days after the date announced by
the Board of Directors, such unpaid assessment shall bear interest from the
date of delinquency, said interest rate to be set by the Board of Directors
from time to time, but in no event shall it exceed the maximum interest rate
allowed by law. The Association, its
agent or representative, may bring an action at law against the owner
personally obligated to pay the same and may foreclose the lien against the lot
subject to the unpaid assessment; in either case, interest, costs and
reasonable attorney’s fees shall be added to the amount of such assessment to
the extent allowed by law. Any foreclosure conducted pursuant to this section
shall comply fully with the
10. Certificate of Payment. The Association shall, upon demand at any time, furnish a certificate in writing signed by an officer of the Association certifying that the charges on a specified lot have been paid or that certain charges against said lot remain unpaid, as the case may be. A reasonable charge may be made by the Board of Directors of the Association for the issuance of these certificates. For the purposes of obtaining a certificate, interested parties should contact the Association at its address.
Architectural Review
1. The Declarant shall have the responsibility of enforcing the requirements set forth in this article until such time as it passes such responsibility to the Architectural Review Committee (the “Committee”) which thereafter, shall assume and be responsible for enforcement. Reference in this article to the Declarant shall mean the Committee after such time as the responsibility is passed to the Committee. The following provisions regarding architectural review shall apply to each and every lot now or hereafter subject to this Declaration.
2. No construction, reconstruction, remodeling, alteration or addition to any building, improvement, or structure of any kind, upon any lot in the development, shall be commenced without the prior written approval of the Declarant of the proposed site location, plans and specifications.
3. There shall be submitted to the Declarant two (2) complete sets of the final plans and specifications for any and all proposed improvements, the erection or alteration of which is desired, and no structures or improvements of any kind shall be erected, altered, placed or maintained on any lot unless and until the final plans, elevations and specifications therefore have received such written approval as herein provided. Such plans shall include plot plans showing the location of the lot of the building, wall, fence or other structure proposed to be constructed, altered, placed or maintained, together with specifications for the proposed construction material, color schemes for roofs and exteriors thereof and proposed grading and landscaping.
4. The Declarant shall approve or disapprove plans, specifications and details within thirty (30) days from the receipt thereof. In the event the Declarant fails to approve or disapprove such plans and specifications within thirty (30) days, approval will not be required and the requirements of this Section will deemed to have been fulfilled. One (1) set of plans and specifications and details with the approval or disapproval endorsed thereon, shall be returned to the persons submitting them and the other copy thereof shall be retained by the Declarant for its permanent files.
5. At such time as the Declarant elects to transfer to the Association the architectural review responsibilities, the Association’s Board of Directors shall appoint a standing committee of the Board, to be called the Architectural Review Committee, which shall initially consist of three (3) members to be appointed from among the Association’s members. Upon its appointment, the Committee shall assume from the Declarant all authority to review and approve plans, specifications and details as otherwise provided herein. The initial committee shall serve for a term of two (2) years, after which the committee members shall be appointed by the Association’s Board of Directors, pursuant to its Bylaws, and shall serve for a term of one (1) year; provided further that the number of committee members may be increased from three (3) to five (5) by a resolution of the Association’s Board of Directors.
6. After its appointment, the Architectural Review Committee shall establish written architectural and aesthetic criteria to be used in reviewing all plans, specifications, and details submitted for approval, and copies of such criteria to be used in reviewing all plans, specifications and details submitted for approval, and copies of such criteria may be obtained upon request from the Committee. Such written criteria shall be subject to revision or amendment by the Committee at all times; provided, however, that no amendment to or change in such criteria shall become effective until committed to writing and approved by the Committee in the same manner as previously controlling criteria; and that no amendment or change in such criteria shall have retroactive application.
7. The purpose of the architectural review provisions set forth herein is to protect the value of all real property subject to this Declaration and to promote the interests, welfare and rights of all development property owners. Decisions of the Declarant or Architectural Review Committee approving or disapproving of plans and specifications shall be based on criteria it establishes for the Development, consistently applied, but such decisions shall be final and not subject to review or appeal.
Restrictions and Requirements
1. Residential Use. No lot shall be occupied or used except for single-family residential purposes, or as commons areas if owned by the Association. No structure shall be erected, placed or permitted to remain on any lot other than one detached, single-family residence dwelling and such outbuildings as are usually accessory to a single-family residence dwelling, including a private garage. This shall not restrict the Association or the Declarant from constructing on any lot, security, maintenance or other facilities for the benefit of the Development. No obnoxious or offensive activity shall be carried on upon the properties which may be or may become a nuisance or annoyance in the neighborhood.
2. Size
and Placement of the Structures.
a. No dwelling having more than three stories shall be constructed upon any lot in the development, and the Declarant and its successor Architectural Review Committee, as provided in Article VI, retain the right to withhold approval of plans for any split level, two or three story residence where such a structure is unsuited to the proposed lot’s terrain, where the erection of such a structure would block or materially interfere with the primary view or vista or solar access from another lot, or would not be in keeping with the general development of surrounding areas.
b. The Declarant and its successor Architectural Review Committee shall have the authority to promulgate regulations pertaining to the height and size requirements of all other types of structures, including but not limited to outbuildings, fences, walls and copings.
c. No above-grade structure (except fences or walls) may be constructed or placed within any lot within:[8]
(1) Thirty (30) feet from the front line of the lot.
(2) Six (6) and eight (8) feet from the side lines of the lot.
(3) Thirty (30) feet from the rear line of the lot.
(4) A corner lot shall be deemed to have a front line on each street on which the lot abuts, and such lot need only have one rear yard and defined by (3) above.
(5) No residential improvement shall be constructed having a heated area of fewer than 2000 square feet for one story houses with a two-car garages; or fewer than 2300 square feet for a one and one-half story house; or of 2500 square feet for a two story house.
(6) No planting or structure either of which exceeds a height of three (3) feet, shall be allowed upon that portion of any corner lot denominated “sight easement” on the recorded plat, as same is reserved thereon, to enhance the safety of motorists and pedestrians.[9]
d. Declarant or its successor Architectural Review Committee shall have the right to waive unintentional violations of front, side or rear setback line requirements.
3.
Other Requirements.
a. All plumbing fixtures, dishwashers, toilets or sewage disposal systems shall be connected to a septic tank sewage system constructed by the lot owner and approved by the appropriate governmental authority and the Declarant, unless public sewerage becomes available in the Subdivision.
b. Once construction of improvements is started on any lot, the improvements must be substantially completed in accordance with plans and specifications, as approved, within one (1) year from commencement.
c. No residence shall be occupied until the same has been substantially completed in accordance with its plans and specifications and certificate of occupancy has been issued by the Declarant or the Architectural Review Committee.
d. All structures constructed or placed on any lot shall be built of substantially new materials and no used structures shall be relocated or placed on any such lot, without the approval of the Declarant or its successor Architectural Review Committee.
e. Every fuel storage tank shall be buried below the surface of the ground or screened by fencing or shrubbery to the satisfaction of the Declarant or the Architectural Review Committee. Every outdoor receptacle for ashes, trash, rubbish or garbage shall be installed underground, screened or so placed and kept as not to be visible from any street, except for common receptacles provided by or with the approval of the Declarant or the Architectural Review Committee.
f. Any dwelling or outbuilding on any lot which may be destroyed in whole or in part by fire, windstorm or for any other cause or act of God must be rebuilt or all debris removed and the lot restored to a sightly condition with reasonable promptness, provided, however, that in no event shall such debris remain longer than three (3) months.
g. It shall be the duty of each owner to maintain his or her lot, together with the exterior of all improvements located therein, in a neat and attractive condition. Such maintenance shall include, but shall not be limited to, painting, repairing, replacing and caring for roofs, gutters, downspouts, building surfaces, trees, shrubs, walks and other exterior improvements. In the event an owner shall fail to maintain the premises and improvements situated thereon in a manner satisfactory to the Architectural Review Committee, the Association retains the right to enter such premises for the purpose of effecting needed maintenance and repairs as provided in Article IV, Section 7 herein.
h. All owners shall use the mailbox design adopted by Declarant and approved by the Architectural Review Committee.[10]
4. Prohibitions.
a. No mobile homes shall be permitted on any lot.
b. No privies or outside toilets shall be constructed or maintained on any lot.
c. No temporary house, trailer, garage, storage shed or other outbuilding shall be placed or erected on any lot, provided, however that the Declarant or Architectural Review Committee may grant permission for any such temporary structures for storage of materials during construction. No such temporary structures as may be approved shall be used at any time as a dwelling place
d. No animals or livestock of any description, except the usual household pets, shall be kept on any lot.
e. No sign (including but not limited to “For Sale” or similar signs, billboard or other advertising structure of any kind may be erected or maintained on any lot except after applying to and receiving written permission from the Declarant or Architectural Review Committee.
f. No stripped, partially wrecked or junked motor vehicle, or part thereof, shall be permitted to be parked or kept on any street or lot.
g. All outdoor clothes poles, clothes lines and similar equipment shall be so placed or screened by shrubbery as not to be visible from any street.
h. No structures erected upon any lot may be used as a model exhibit or house unless prior written permission to do so has been obtained from the Declarant or Architectural Review Committee.
i. No noxious, offensive or illegal activities shall be performed on any lot nor shall anything be done on any lot that shall be or become an unreasonable annoyance or nuisance to the neighborhood.
j. No oil or natural gas drilling, refining, quarrying or mining operations of any kind shall be permitted upon or in any lot and no derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any lot.
k. No on-street vehicular parking shall be permitted except as permitted by and under regulation issued by Declarant or the Architectural Review Committee.
l.
No tree over six inches in diameter shall be removed from any lot without the
prior written consent of the Declarant or the Architectural Review Committee,
except trees required to be removed for construction of the approved residence
or appurtenant structures.
m. No trash, ashes, garbage or other refuse shall be dumped or stored or accumulated on any lot in the development. In the event that the owner of any lot permits trash to collect on same and on request fails to remove the trash within thirty (30) days, agents of Declarant or Architectural Review Committee may enter upon said lot to remove the trash, without such entrance and removal being deemed a trespass, all at the expense of the owner of said lot. This provision shall not be construed as an obligation on the part of the Declarant or Architectural Review Committee to provide trash removal service. No outside burning of wood, leaves, trash, garbage or household refuse shall be permitted.
n.
There shall be no access to any lot on the perimeter of the Development except
from designated roads within the development or from
o.
No lot shall be subdivided, or its boundary lines changed except with the
written consent of the Declarant or Architectural Review Committee; however,
the Declarant hereby expressly reserves to itself, its successors or assigns,
the right to replat any lot shown on the plat of any of said development or
part thereof owned by it in order to create a modified lot or lots, or other
parcels, without permission or joinder of any lot owner whose lot lines are not
affected by such replatting. The restrictions and covenants herein apply to any
lots resulting there from as if the resulting lot or lots had been originally
platted in such manner. All further
subdivision or replatting shall be subject to the provisions of the subdivision
regulations of
p.[11] There shall be no privacy gate or barrier erected at any point along the private driveway servicing lots 20 through 28.
q. There shall be no on-street parking at any point along the private driveway servicing lots 20 through 28.
r. There shall be no garage in the development which has an entrance visible from the road upon which the house is situated.
5. Easements.
a. All of the properties, including lots and common area, shall be subject to such easements for driveways, walkways, parking areas, water lines, sanitary sewers, storm drainage facilities, gas lines, telephone and electric power lines, television antenna lines and other public utilities as shall be established by the Declarant or by his successors in title and the Association shall have the power and authority to grant and establish upon, over, under and across the common area conveyed to it, such further easements as are requisite for the convenient use and enjoyment of the properties.
b. It is contemplated that as Page’s Pond is developed the Declarant will create pedestrian access which will provide for members convenient means of ingress and egress to and from the common areas.[12]
Such easements shall be for pedestrian traffic only and no vehicles should be permitted to use such easement, except that bicycles may be taken across such easement areas provided they are not being ridden within the easement areas
c. The Declarant reserves for itself, its successors and assigns, for the purpose incident to its development of the real property subject to these restrictions, the following easements and/or rights-of way:
(1) An easement over a ten foot strip along the rear and side lines for the purpose of installing, operating and maintaining utility lines and mains and surface water drainage ditches or lines;
(2) The right to trim, cut and remove any trees and brush and to locate guy wires and braces within front, rear and side line setback areas for the installation, operation and maintenance, together with the right to install, operate and maintain gas, water and sewer mains and other services for the convenience of the property owners.
d. The Declarant reserves for itself, its successors or assigns an exclusive easement for the installation and maintenance of radio and television transmission cables within the easement areas reserved and defined above.
e. Declarant reserves unto itself, its successors and assigns, and for the benefit of all lot owners in the development, the street and road rights-of-way shown on the plats now or hereafter recorded of the development for purposes of ingress and egress, for the maintenance of utility lines and mains and for drainage, and no lot owner may interfere with such rights-of-way or such uses therein.
f. On each lot, the easement areas reserved by the Declarant shall be maintained continuously by the lot owner but no structures, plantings or other material shall be placed or permitted to remain, or other activities undertaken which may damage or interfere with the installation or maintenance of the utilities, which may change the direction of flow of drainage channels in the easements, which may obstruct or retard the flow of water through drainage channels in the easements, or interfere with established slope ratios or create erosion or sliding problems, provided, however, that the existing location of a drainage channel may be relocated, provided such relation does not cause an encroachment on any other lot in the development. Improvements within such areas shall be maintained by the respective lot owner except for those for which a public authority or utility is responsible.
GENERAL PROVISIONS
1. Enforcement. The Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
2. Term. These Restrictions
shall affect and run with the land and shall exist and be binding upon parties
and all persons claiming under them until
3. Mutuality of Benefit and Obligation. The restrictions and agreements set forth herein are made for the mutual and reciprocal benefit of each and every lot in the development and are intended to create mutual, equitable servitudes upon each lot in favor of each and all of the other lots therein; to create a privity of contract and estate between the grantees of said lots, their heirs, successors and assigns, and to the Association, and shall, as to the owner of each lot, his heirs, successors and assigns, operate as covenants running with the land for the benefit of each and all other lots in the development and their respective owners. Declarant, so long as it shall own a lot or any common area in its own name, any lot owner and the Association all shall have the right to enforce these Restrictions.
4. Motor Vehicles. No motorized vehicle, including motorcycles, motorbikes, etc., except a duly licensed vehicle, shall be operated on any street and no such vehicle shall be operated except by a duly licensed operator.
5. Severability. Every part of these Restrictions are hereby declared to be independent of, and severable from the rest of the Restrictions and of and from every other one of the Restrictions and of and from every combination of the Restrictions. Therefore, if any of the Restrictions shall be held to be invalid or to be unenforceable or to lack the quality of running with the land, that holding shall be without effect upon the validity, enforceability, or “running” quality of any other one of the Restrictions.
6. Captions. The captions preceding the various paragraphs and subparagraphs of these Restrictions are for convenience or reference only, and none of them shall be used as an aid to construction of any provision of these Restrictions. Wherever and whenever applicable, the singular form of a word shall be taken to mean or apply to the plural, and the masculine form shall be taken to mean or apply to the feminine or the neuter.
7. Right of Declarant or Association to Amend to Achieve Tax Exempt Status. The Declarant, for so long as it shall contain control of the Association, and thereafter the Board of Directors of the Association may amend this Declaration as shall be necessary, in its opinion, and without the consent of any owner, in order to qualify the Association or the properties or any portion thereof, for tax-exempt status. Such amendment shall become effective upon the date of its recordation in the Mecklenburg County Registry.
Right of Repurchase
Declarant reserves unto itself,
its successors and assigns, the right of first refusal to purchase the lots in
Page’s Pond Development. Prior to the
sale of any lot in the Development, the owner thereof shall notify Declarant in
writing setting forth the price and terms of sale, and the name and address of
the purchaser. Such notification shall
be made to
END
[1] The Declaration of Covenants, Conditions and Restrictions (collectively, the “Restrictions”) for Page’s Pond was recorded in Book 5656 at Page 469 Mecklenburg County Public Registry and supplemental “Restrictions” for Page’s Pond Phase II were recorded in Book 7416 at Page 309 of The Registry. The applicable properties are recorded in Map Book 25 at Page 107 of the Registry, as revised in Map Book 25 at Page 821 except for lot 1 in Phase II (Phase II is defined in the Association Bylaws).
[2] In fact, dues, special assessments and certain other charges constitute a continuing lien upon the property against which they are made [see Article V(1)].
[3] Amendment of 2003.
[4] The
Restrictions originally provided for conveyance not later than
[5] Class B membership no longer exists since the Declarant has sold all the available lots in the Association.
[6] The Bylaws are silent on loans. Reference should be to made to Article V(5) of the covenants.
[7] A one year Declarant exemption was increased to four years with the amendments of 1993.
[8] Subsections (1), (2), (3) and (5) of this Section are as amended in 1993.
[9] Sight easements exit on lots 6, 13 and 14 in Phase I; on lot 20 in Phase II.
[10] Subparagraph h was added by the amendments of 1993.
[11] Subparagraphs p, q and r were added by the Declarant in 1993.
[12] For example, the pathway between lots 11 and 12 in Phase II
[13] Deleted in 1993.