AMENDMENT OF DECLARATION OF RESTRICTIONS BELVEDERE PLANTATION SECTION 1 (and 2)
THIS AMENDMENT OF DECLARATION OF RESTRICTIONS, made and entered into this 27th day of March 2006, by the undersigned BELVEDERE PROPERTY OWNERS ASSOCIATION, INC. (Hereafter "association"), a North Carolina not for profit Corporation operating in Pender County, North Carolina.
THAT WHEREAS Belvedere Plantation, Section 1, is a Real Estate Development located in Pender County, North Carolina and being further identified on that map recorded at Map Book 16 at Page 20, and which said Belvedere Plantation was encumbered by certain restrictions recorded in Book 459 at Page 74 as amended at Book 507 at Page 96 and further amended at Book 510 at Page 90, and Book 535 at Page 22, and Book 995 at Page 038, all of the Pender County Registry; and
WHEREAS the Original Developer of Belvedere Plantation, Section 1, is no longer involved in Belvedere Plantation and all of the lots in the said Section 1 have been sold to private owners; and
WHEREAS there is no successor to the original Developer of Belvedere Plantation; and
WHEREAS Association is the acting representative of its members who are lot owners and homeowners in Section 1 of Belvedere Plantation; and
WHEREAS Association, as the representative of its members who are lot owners and homeowners at Belvedere Plantation, Section 1, by and with the consent of the owners of the majority of the lots, has elected to amend the original restrictions and the various amendments thereto encumbering Section 1 of Belvedere Plantation by substituting new restrictions in lieu of the original restrictions and the amendments thereto; and
WHEREAS Association has sought and obtained approval of the owners of the majority of the lots for amending said restrictions as outlined below;
NOW THEREFORE, Association, by and through its authority as granted by the owners of the majority of the lots in Belvedere Plantation, Section 1, and for itself and its successors and assigns, does hereby amend the restrictions governing Belvedere Plantation, Section 1, by adopting the following restrictions and by withdrawing any and all prior restrictions in their entirety.
1. THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA. The size of either flag shall be a size no greater than four feet by six feet, which is displayed in accordance with or in a manner consistent with the patriotic customs set forth in 4 U.S.C. paragraphs 5-10, as amended, governing the display and use of the flag of the United States. This shall apply to owners of property who display the flag of the United States or North Carolina on property owned exclusively by them and does not apply to common areas, easements, rights-of way, or other areas owned by others.
2. THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS. Even when display of a political sign is permitted the association may prohibit the display of political signs earlier than 45 days before the day of election and later than 7 days after an election and may regulate the size and number of political signs that may be placed on an owners property if the association's regulation is no more restrictive than any applicable city, town, county ordinance that regulates the size and number of political signs on owners property. If the local government in which the property is located does not regulate the size and number of political signs on owners' property, the association shall permit at least one political sign with the maximum dimensions of 24 inches by 24 inches on an owners property. For the purposes of this document, "political sign" means a sign that attempts to influence the outcome of an election, including supporting or opposing an issue on the election ballot. This shall apply to owners of property who display political signs on property owned exclusively by them and does not apply to common areas, easements, rights-of-way or other areas owned by others.
3. All lots in said subdivision shall be designated for use as or used as single-family dwelling residences with only one dwelling per lot (no apartment(s)/out building(s) with a separate kitchen). No more than two (2) unrelated families may reside in a dwelling. No business employing persons, other than the lot owner and no manufacturing or processing business or retail or professional activity may be conducted in any house, structure or on a lot except in activities such as construction or remodeling. No activity may be carried on that will attract unreasonable vehicular traffic.
4. In Section I no residence of less than 1700 square feet, (by law lot(s) purchased prior to the recording of this document is 1500 square feet) and 1500 square feet for Sections II, III, and IV of conditioned space (i.e. heated and cooled living space) shall be constructed or located on any lot. No less than 1200 square feet of conditioned space shall be on the first floor of a one and one-half or two story residence. No residence shall exceed more than two stories in height. The square feet area shall be measured by exterior masonry of foundations,
5. No lot shall be subdivided unless such part of the subdivided lot becomes part of a whole lot and the remainder of the subdivided lot becomes a part of another whole lot.
6. No part of any building erected on any lot shall be nearer than 35 feet to the front property line of said lot, nor nearer than 15 feet to any side street boundary line, nor nearer than 10 feet to any interior side boundary line, nor nearer than 20 feet to the rear property line. When a corner is involved, front lot line shall be deemed to be that line which the main structure faces. For the purposes of the restrictions in this paragraph, eaves, steps and external chimneys shall not be considered as a part of a building provided, however, this should not be considered to permit any portion of a building on a lot to encroach upon another lot.
7. No single or double wide or modular home or manufactured home or panelized home shall be allowed; or used as a residence, on any lot. Only stick built homes, site built residential dwellings shall be constructed on any lot. No recreational vehicle, motor home, house trailer, mobile home, barn, tent, shack, or temporary structure of any nature shall be located on any lot or used as a residence No residence shall be used as living quarters prior to completion of construction. Boats and boat/utility trailers must be parked even with or behind a residence. Boats and trailers may not be parked curbside,
8. No advertising signs or billboards shall be erected on any lot or displayed to the public on any lot except that one sign in front (and one in the back if lot borders on golf course) of not more than four square feet in area may be used to advertise the property for sale or for rent. During construction of a new residence or remodeling of an existing residence, a sign of not more than four square feet may be installed showing the contractor's name, telephone number, address, lot number and address of location.
9. No water well shall be drilled on any lot for potable water without the written permission of the water company serving the subdivision, which has been approved by the North Carolina Utilities Commission. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown and designated on the plat of said property. Within said easement, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easement. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.
10. All restrictions herein shall run with the land and shall be binding on all parties presently owning lots, now or hereafter, in said subdivision for a period of five (5) years from the date of the recording of the Amendment Declaration of Restrictions. They shall be automatically extended for successive five (5) year periods if there are no changes. These restrictions (protective covenants) may be amended at any time by a simple majority of votes cast, either by person or proxy by lot owners in said subdivision.
11. Sewage Disposal shall meet the approval and comply with regulations of all local, county, state and federal appropriate governing agencies.
12. Invalidation of any one of these restrictions by Judgment or court order shall have no affect on any of the other restrictions herein, which shall remain in full force and effect.
13. No noxious or offensive trade or activity shall be carried on or maintained on any lot or part of any lot, nor shall any use be made of any portion of said property which may be or become an annoyance, nuisance or unsafe hi the neighborhood. No skateboard ramps are allowed. No domesticated farm animals or fowls of any kind shall be raised, bred, or kept on any lots, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes. All dogs and cats on any lots must be kept under control of the owner(s) by county law. When said owner(s) has his dog(s) or cat(s) outside of their property they must be leashed at all tunes. In Belvedere Plantation owner(s) must clean up after then- pets. All property owners shall abide by all applicable zoning or governmental regulations.
14. Unsightly, inoperative, junk vehicles or unsightly, inoperative or uninspected or unregistered cars, trucks, tractors, boats or trailers and like eyesores, cannot be maintained on the property, either prior to or after the residence has been erected. No lot or parcel of land shall be used for dumping or an area for abandoning, storing or dismantling and/or repairing automobiles, trucks or other vehicles.
15. No fence shall be erected on any lot nearer the front lot lines than the minimum building setback line or front of residence, whichever is farther back. No fence, wall or hedge higher than 6 feet shall be erected or maintained on any lot. No chain link fences shall be allowed on any lot with the exception of allowances for a dog/cat kennel and outdoor swimming pools; however they must be located only in the rear yard. No hurricane fence, sometimes referred to as dune or snow fences, shall be allowed any closer than 20 feet to the rear property line on any lot bordering the golf course, sound or lakes.
16. No fence, wall hedge or shrub planting which obstructs a 100-foot sight line shall be permitted on any corner lot. No tree or shrub shall be permitted to remain within the sight line distance unless the foliage is maintained at a sufficient height to prevent obstruction of such sight lines.
17. If parties hereto, or any of them, or their heirs and assigns, shall violate or attempt to violate any of the restrictions herein, it shall be lawful for any person or persons owning any real property in said subdivision to prosecute any proceedings at law or in equity against the person or persons, violating or attempting to violate any such restrictions, and either prevent him or them from so doing or to recover damages or other dues for such violation.
18. All houses shall be completed within one year except for natural disaster delays, which are beyond the control of the lot owner. If not, the lot may be cleared by the Association at the lot owner's expense of all vestiges of the construction start.
19. A covenants committee will be selected and maintained by the Association, acting as representatives of its members who are the resident owners and non-resident owners of the lots in Belvedere Plantation Sections I, II, III and IV. The purpose of this committee of resident owners shall be to enforce the Amendment of Declaration of Restrictions. This committee may also grant relief where a hardship or inequity has been imposed by these restrictions.
20. Prior to securing proper building permits from Pender County to start construction or remodeling of a residence, a scaled drawing including the house plan, site plan and a sample of all exterior materials to be used on finished product must be submitted to the Belvedere Property Owners Association, Incorporated Covenants Committee for review and approval. This also includes all non-residential/out buildings
21. After completion of construction, no vehicles with a gross vehicle weight of more than 12,000 pounds shall be parked or stored on any lot.
22. As of March 1, 2006, any change of ownership of any lot or residence in Sections 1,11, 111 and IV will require full annual mandatory membership in the Belvedere Property Homeowners Association. Annual dues are to be assessed by the Belvedere Property Homeowners Association and set by the By-Laws of said Association on each lot subject to this amendment in the initial amount of $35 per year to be paid when billed by the association. This amount is subject to change annually. These amendments to the restrictive covenants shall run with the land and shall be binding on all future purchasers of subject lot or residence, together with their heirs, successors and assigns until such time as the restrictions are further amended by the Association. Failure to pay these annual dues will cause the Association to place a lien on the lot owner(s). Upon acquiring title to a lot or residence each new owner shall immediately give written notice to the Secretary of the Belvedere Property Homeowners Association stating the name(s) and address of such new owner and the lot acquired by such new owner. If the new owner(s) fail to give the Secretary such notice within thirty (30) days of acquiring title to such lot or residence, then the costs of locating each new owner and reasonable record keeping costs incurred by the Association may be assessed against said owner(s).
23. It shall be the responsibility of each resident owner to prevent the development of any unclean, unsightly or unkempt condition of buildings or grounds, which would tend to substantially decrease the beauty or value of the neighborhood as a whole or the specific area. The Association reserves the right and after written warning to have a professional landscaper correct the deficiencies as defined above at the resident owner(s) expense, plus any additional expenses to the Association
24. No extended vehicular parking on any road, including the easement or shoulder, is permitted in Belvedere Plantation.
25. The Association reserves the right to collect interest fees and/or any additional expenses, including legal fees, on any violation the lot/resident owner(s) may impose on the Association. Under the North Carolina Planned Community Act, effective January 1, 1999, the Court may award reasonable attorneys' fees to the prevailing party.
26. Under the North Carolina Planned Community Act all common expenses shall be assessed against all lot/resident owner(s). This may include federal, state, county and city taxes or other expenses; maintenance of common property; building(s) on common property; covenants, etc. Interest may be charged on any past-due common expense assessment. The association may impose reasonable charges for late payment of assessments not to exceed the greater of twenty dollars ($20.00) per month or ten percent (10%) of any assessment installed unpaid and after notice and an opportunity to be heard, suspend privileges or services provided by the association (except rights of access to lots) during any period that assessments or other amounts due and owing to the association remain unpaid for a period of 30 days or longer. Any assessment levied against a lot remaining unpaid for a period of 30 days or longer shall constitute a lien on that lot when a claim of lien is filed of record hi the office of the clerk of superior court of the Pender County in the manner provided herein.
27. The procedure for the imposition of fines or suspension of planned community privileges or services is provided for as follows: A hearing shall be held before the executive board or an adjudicatory panel appointed by the executive board to determine if any lot owner should be fined or if planned community privileges or services should be suspended pursuant to the powers granted to the by the North Carolina Planned Community Act. Any adjudicatory panel appointed by the executive board shall be composed of members of the association who are not officers of the association or members of the executive board. The lot owner charged shall be given notice of the charge, opportunity to be heard and to present evidence, and notice of the decision. If it is decided that a fine should be imposed, a fine not to exceed one hundred dollars ($100.00) may be imposed for the violation and without further hearing, for each day more than five days after the decision that the violation occurs. Such fines shall be assessments secured by liens. If it is decided that a suspension o* planned community privileges or services should be imposed, the suspension may be continued without further hearing until the violation is cured. The lot owner may appeal the decision of an adjudicatory panel to the full executive board by delivering written notice of appeal to the executive board within 15 days after the date of decision. The executive board may affirm, vacate, or modify the prior decision of the adjudicatory body.
28. The association shall not levy, charge, or attempt to collect a service, collection, consulting, or administration fee from any lot owner unless the fee is expressly allowed in the declaration.
29. A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the docketing of the claim of lien in the office of the clerk of superior court
30. A lot owner may not be required to pay attorney's fees and court costs until the lot owner is notified in writing of the association's intent to seek payment of attorneys' fees and court costs. The notice must be sent by first-class mail to the property address and, if different, to the mailing address for the lot owner in the association's records. The notice shall set out the outstanding balance due as of the date of the notice and state that the lot owner has 15 days from the mailing of the notice by first-class mail to pay the outstanding balance without the attorneys' fees and court costs. If the lot owner pays the outstanding balance within this period, then the lot owner shall have no obligation to pat attorneys' fees and court costs. The notice shall also inform the lot owner of the opportunity to contact a representative of the association to discuss a payment schedule for the outstanding balance and shall provide the name and telephone number of the representative.
31. The association, acting through its executive board and in the board's sole discretion, may agree to allow payment of an outstanding balance in installments. Neither the association nor the lot owner is obligated to offer or accept any proposed installment schedule. Reasonable administrative fees and costs for accepting and processing installments may be added to the outstanding balance and included in an installment payment schedule. Reasonable attorneys' fees may be added to the outstanding balance and included in an installment schedule only after the lot has been given notice as stated in #30 above.
32. A judgment, decree, or order in any action brought in this declaration shall include costs and reasonable attorneys' fees for the prevailing party. If the lot owner does not contest the collection of debt and enforcement of a lien after the expiration of the 15 day period following notice as required, then reasonable attorneys' fees shall not exceed one thousand two hundred dollars ($1,200), not including costs or expenses incurred. The collection of debt and enforcement of a lien remain uncontested as long as the lot owner does not dispute, contest, or raise any objection, defense, offset, or counterclaim as to the amount or validity of the debt and lien asserted or the association's right to collect the debt and enforce the lien. The attorneys' fee limitation, as stated herein, shall not apply to judicial foreclosures or to other actions to recover the sums in other court actions.
33. This declaration is in compliance with the North Carolina Planned Community Act, effective January 1,1999 and does comply with the amendment to this act effective January 1,2006.
IN WITNESS WHEREOF, Belvedere Property Owners Association, Inc. has caused this instrument to be signed in its corporate name by its duly authorized officers by authority of its Board of Directors, the day and year first written above. This document has been reviewed by Ray C. Blackburn, Jr., Attorney-at-Law.
Belvedere Property Owners Association, Inc.
State of North Carolina County of Pender
I, (Cristal Hummel) A Notary Public of the County and State aforesaid, certify that (George Mara and Diane M. Hughes) personally appeared before me this day and acknowledged that she is Secretary of Belvedere Property Owners Association, Inc., a North Carolina Corporation, and that by the authority duly given, and as the act of the Corporation, the foregoing instrument was signed in its name by its President, attested by (Diane M. Hughes)as its Secretary. Witness my hand and official stamp or seal this (27th) day of (March), 20 (06).