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COVENANTS
COVENANTS:
BOOK 1090 PAGE 486
Declaration of Covenants, Conditions, Restrictions of Eastern Shore Townhouses
This declaration of covenants, restrictions and easements of Eastern Shore Townhouses made and entered into this 26th day of July, 1985, by and between Eastern Shore Partners, a North Carolina Limited Partnership; and all Prospective Purchasers or owners of any of the property shown and delineated on that certain map or plat entitled Eastern Shore Townhouses recorded in Plat Cabinet D, Slide 565 in the office of the Register of Deeds of Craven County:
Witnesseth:
That whereas, Eastern Shore Partners (hereinafter called “Declarant) is the owner of certain property lying and being situate in the City of Bridgeton, Craven County, North Carolina, and being more particularly shown and described on that certain subdivision plat described above, reference to said plat hereby specifically being made for a more perfect description thereof; and,
Whereas, the Declarant desires and intends by the recordation of this Declaration of Covenants, Conditions, Restrictions and Easements to impose certain rules, regulations, covenants, conditions, reservations, exceptions and easements contained herein (hereinafter sometimes called Restrictions) on the property depicted on said plat; and,
Now, Therefore, Declarant hereby declares that all of the property 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 of, and which shall run with the title to, the real property described above and be binding on all parties having any right, title, or interest in same or any part hereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof.
Article I
Definitions
(1) “ASSOCIATION” shall mean and refer to the Corporation of Eastern Shore Townhouses Owners Association, Inc., its successors and assigns.
(2) “OWNER” shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot, including contract sellers but excluding those having such interest merely as security for the performance of an obligation.
(3) “PROPERTIES” shall mean and refer to all the property encumbered by these restrictions and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
(4) “COMMON AREA” shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The common area to be conveyed to and owned by the Association is all that parcel of land shown and delineated on the plat depicted above, saving and excepting therefrom Lots 1 through 42 and a portion of land which is specifically reserved for development and construction of a sewer system more particularly described as follows:
Beginning at a point which is located South 59 degrees 15’ 57” West 100 feet from the intersection of the western right of way line of B Street with the northern right of way line of Mill Street, being the southernmost corner of the A. R. Ramsdell property as described in the Deed recorded in Book 958, at Page 89, in the Craven County Registry. Thence from this point of beginning so located south 59 degrees 15’ 57” West along the northern line of Mill Street 80 feet; thence North 30 degrees 44’ 03” West 50 feet to a point; Thence North 59 degree 15’ 57” East 80 feet to the A. R, Ramsdell westernmost line; Thence South 30 degree 44’ 03” East 50 feet to a point in the northern right of way line of Mill Street, the point of beginning. Reference to said plat is hereby specifically made for a more perfect description of said common area and the saved and accepted property.
The common area is subject to those easements set forth in this instrument, including but not limited to Article II and Article X hereof.
(5) “LOT” shall mean and refer to those tracts numbered 1-42, upon the aforesaid map. “Lot” shall not include any portion of the
common area as heretofore defined.
(6) “DECLARANT” shall mean and refer to the developer, Eastern Shore Partners, its successors and assigns, if such successors or assigns
should acquire more than one undeveloped lot from the Declarant for the purpose of development.
(7) “TOWNHOUSE” shall mean a residence or living unit erected upon a lot.
Article II
Property Rights
(1) Owners’ Easements of Enjoyment, Every 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 following provisions:
(a) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
(b) The right of the Association to suspend the voting rights of an owner and right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid for more than thirty (30) days after notice; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations;
(c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of members has been recorded. Provided, however that ownership of the streets may be transferred by the association to the City of Bridgeton upon a majority vote of the directors of the Association but subject to the easement rights of the Lot owners.
(d) The right of individual owners to the exclusive use of parking spaces as provided in this Article.
(2) Delegation of Use. Any owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
(3) Parking and Access Rights. Ownership of each Lot shall entitle the owner or owners thereof and said persons and their designees are hereby granted the use of not more than two (2) automobile parking spaces and a driveway to same from the subdivision street on which said lot fronts. Said parking spaces and driveway shall be located on the Common Area lying between the subdivision street on which said Lot fronts and the Lot and shall be as near and convenient to said Lot as reasonably possible. The Association shall have the right to designate the parking spaces allotted to each lot owner. Further, each owner of a Lot and his designees shall have and is hereby granted pedestrian easements for the purposes of ingress, egress and regress to and from the street on which such Lot fronts to and from such Lot.
Article III
Membership and Voting Rights
(1) Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and
may not be separated from ownership of any Lot which is subject to assessment.
(2) The Association shall have two (2) classes of members:
Class A: Class A members shall be all owners, 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 determine, but in no event shall more than one vote be cast with respect to any Lot. For so long as the Declarant is a Class B member, it shall not be Class A member.
Class B: The Class B member 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, which ever occurs earlier:
(1) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or
(2) On January 1, 1990
Article IV
Covenant for Maintenance Assessments
(1) CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. The Declarant, for each Lot owned, hereby covenants, and
each owner of any Lot by acceptance of a deed, for same (whether or not it shall be so expressed in such deed) is deemed to
covenant and agrees to pay to the Association: (1) annual assessments or charges, and (2) special assessments to be established and
collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney’s fees,
shall be a charge on the land and, subject to the provisions in Section 8 of this Article, shall be a continuing lien upon the property
against which each such 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 the owner of the Lot at the time when the assessment fell due. The
personal obligation for delinquent assessments shall not pass to a successor in title to a Lot unless expressly assumed by them but,
subject to the provisions of this Declaration, shall continue to be a lien upon such Lot.
(2) PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall be used exclusively to promote the recreation, health,
safety, and welfare of the owners of the Lots, for the improvement and maintenance of the Common Area, for lighting, hazard
insurance and exterior maintenance of the townhouses. The costs of taxes and flood insurance on the Lots, Townhouses, and
Common Area shall not be a purpose of said assessments.
(3) MAXIMUM ANNUAL ASSESSMENT. Until January 1st of the year immediately following the conveyance of the first Lot to an owner, the
maximum annual assessment shall be Four Hundred Twenty and no/100 Dollars ($480.00) PER Lot.
(a) From and after January 1st of the year immediately following the conveyance of the first Lot to an owner, the maximum annual assessment may be increased each year by the Association not more than ten percent (10%) above the assessment for the previous year without any vote of the membership.
(b) From and after January 1st of the year immediately following the conveyance of the first Lot to an owner, the maximum annual assessment may be increased by an amount greater than ten percent (10%) of the assessment for the previous year by a vote of two-thirds (2/3) of members who are voting in person or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum.
(4) NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTION 3. Written notice of any meeting called for the purpose of
taking any action authorized under Section 3 shall be sent to all members not less than (30) 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 sixty percent (60%)
of all the votes shall constitute a quorum. If the required quorum is not present, another meeting my be called subject to the same
notice requirement, and the required quorum at the 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.
(5) UNIFORM RATE OF ASSESSMENT. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be
collected on a monthly basis. However, notwithstanding any of the other provisions of the Article, for so long as there is a Class B
member of the Association, the Lots owned by the Class B member shall be liable for and the Class B member shall pay on each such
Lot as a monthly assessment, only Ten percent (10%) of the amount of the monthly assessment then being levied by the Association on
each Lot. This reduction in the amount of monthly assessment due on Lots owned by the Class B member shall terminate as to a
particular Lot upon the Lot being conveyed by the Class B member by deed, lease or rental agreement; further, this reduction in the
amount of monthly assessment due by the Class B member shall cease upon the termination of Class B membership as is herein
provided.
(6) EFFECT OF NONPAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION. Any assessment not paid within thirty (30) days after
the due date shall bear interest from the due date at the rate of ten percent (10%) per annum and shall constitute a lien against the
property upon which such assessment is levied upon recording of notice of the same in the Office of the Clerk of Superior Court of
Craven County or upon filing of a suit to collect such delinquent assessment. The Association may file a Notice of Lis Pendens and
bring an action at law against the owner personally obligated to pay the same, and/or foreclose the lien against the property. No
owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or
abandonment of his Lot.
(7) SUBORDINATION OF THE LIEN TO MORTGAGES. 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 foreclosure of a first mortgage or any proceeding in lieu therefor, shall extinguish the lien of such assessments as to payments
which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from Liability for any assessments
thereafter becoming due or from the lien thereof.
ARTICLE V
ARCHITECTURAL CONTROL
(1) No building, fence, wall, or other structure shall be commenced, erected, or maintained upon the properties, nor shall any exterior
addition to or change or alteration therein (including painting) be made until the plans and specifications showing the nature, kind,
shape, height, materials, color 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 the Board of Directors of the Association, or by
an Architectural Control Committee composed of three (3) or more representatives appointed by the Board. Plantings by Lot owners
within the Common Area requires similar approval. In the event said Committee, fails to approve or disapprove such design and
location within sixty (60) days after said plans and specifications have been submitted to it, approval will not be required and this
Article will be deemed to have been fully complied with.
(2) The Declarant or its successors and assigns may erect Townhouses on the Lots without such approval so long as said Townhouses
conform in size, design and color with other Townhouses existing on the Property. The Declarant or its successor and assigns may
landscape the Lots or Common Areas.
ARTICLE VI
MAINTENANCE
In addition to maintenance upon the common areas, the association shall provide exterior maintenance upon each lot which is subject to assessment hereunder, as follows: Paint, repair, replace and care for roofs, gutters, downspouts, exterior building surface, supply-line plumbing, supply-line electrical, trees, shrubs, grass, walks, fences and parking areas, sewer plant and all other amenities.
Such exterior maintenance shall not include glass surfaces or doors, screens or screen doors, exterior door and window fixtures and patios, interior, electrical or plumbing, heating or air conditioning systems, bathroom or kitchen fixtures and connecting plumbing, water heater and all owner improvements. These items shall be the sole responsibility of the individual owner.
In the event that the need for maintenance or repair is caused through the willful or neglect of the owner, his family or quest, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to witch such lot is subject.
ARTICLE VII
PARTY WALLS
(1) GENERAL RULES. Each wall which is built as a part of the construction of a Townhouse upon a Lot and placed on the dividing line between two Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto.
(2) SHARING OF REPAIR AND MAINTENANCE. The costs of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in proportion to such use.
(3) DESTRUCTION BY FIRE OR OTHER CASUALTY. If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if the other owner thereafter makes use of the wall, he shall contribute to the costs of restoration thereof in proportion to such use without prejudice, however, to the right of any such owner to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions.
(4) WEATHERPROOFING. Notwithstanding any other provision of this Article, an owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.
(5) RIGHT TO CONTRIBUTION RUNS WITH LAND. The right of any owner to contribute from any other owner under this Article shall be appurtenant to the land and shall pass to such owner’s successors in title.
(6) ARBITRATION. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.
ARTICLE VIII
INSURANCE
The association shall be responsible to obtain and maintain, in force and effect a policy of fire and other casualty insurance in an amount to cover the full replacement cost of any repair or reconstruction work on the owner’s property, and the owner, the association and any mortgagee shall be named as insured.
In the event of damage or destruction by fire or other casualty to any real property of the lot owner, the association shall receive the insurance proceeds, and upon receipt shall repair or rebuild such damaged or destroyed portions of the property that the association is otherwise responsible for maintaining. Such work shall be in good workmen like manner substantially the same as the original plans and specifications of said property.
Each lot owner at his option may obtain insurance coverage at his own expense, upon his own personal property and for such personal liability and living expense and other such coverage as said owner may desire.
Flood insurance if desired, shall be the responsibility of each lot owner as to his respective property both interior and exterior, including both real and personal properties of the lot owner.
ARTICLE IX
USE RESTRICTIONS
(1) LAND USE AND BUILDING TYPE. No Lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any Lot other than one single-family Townhouse unit as approved by the architectural committee. Such single-family Townhouse unit as approved by the architectural committee. Such single-family Townhouse unit shall be occupied only by one single-family at any one time.
(2) NUISANCES. No noxious or offensive activity shall be conducted upon any Lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
(3) ANIMALS. No animals, livestock, or poultry of any kind shall be kept or maintained on any Lot or in any Townhouse except that dogs, cats, or other household pets may be kept or maintained provided they are not kept or maintained for commercial purposes. Such pets shall be reasonable in size and number and shall not be allowed to roam at large or be housed on the exterior of a Townhouse.
(4) OUTSIDE ANTENNAS. No outside radio or television antennas shall be erected on any Lot or Townhouse unless and until permission for the same has been granted by the Board of Directors of the Association or Architectural Committee.
(5) USE OF PARKING SPACES. Only automobiles, pick-up trucks and vans shall be allowed to remain overnight in the parking lots provided for Townhouses. The Association may require that all other vehicles (including boats, trucks larger than those described above, large recreational vehicles, and trailers) not be parked in designated parking spaces or in the Common Area. No vehicles without current license plate and registration may be allowed or permitted to remain in view on any Lot, Common Area or parking area. Except during construction, no parking on any subdivision street is permitted.
(6) SIGNS. No signs of any kind shall be displayed to the public view on any Lot except signs used by the Declarant or its agent to advertise the property during the constructions and sales period. After the construction and sales period, the association may authorize signs of not more than six (6) square feet advertising the property for sale.
(7) CLOTHESLINES. No outdoor poles, clotheslines, or other similar equipment shall be erected or permitted on any Lot.
(8) MAILBOXES. The location and design of all mailboxes, paper boxes, or other receptacle of any kind for use in the delivery of mail or newspaper or magazines or similar material shall be determined by the Association or the Architectural Committee and that no mail, paper box, or other receptacle of any kind shall be erected or permitted to remain except those which have been approved by the Association or the Architectural Committee.
(9) GARBAGE RECEPTACLES. No outdoor receptacle for ashes, trash, rubbish, or garbage shall be installed or permitted on any Lot unless such receptacle is completely screened from view (as approved by the Architectural Committee).
(10) WINDOW COVERING. Owners and occupants of a Townhouse shall not cause or permit anything to be hung or displayed on or in windows facing any street except draperies or coverings with plain white lining or color. No signs, awnings, canopies or shutters shall be affixed to or placed upon any Lot or the exterior walls or roof of any Townhouse without the prior written consent of the Association or Architectural Committee.
(11) MOTOR VEHICLES. No stripped, partially wrecked or junked vehicle or any part thereof shall be permitted to be parked or kept on any Lot or on the Common Area, except in a garage out of view. All motor vehicles of any type kept outside on any Lot or within the Common Area shall have current registration and inspection certificates.
(12) EXCEPTIONS FOR DECLARANT. The provisions of this Article IX are subject to the condition that for so long as the Declarant retains any Lot or any portion of the property described by deed recorded in Book 1073, Page 354, which has not been sold, leased, rented or otherwise conveyed, the Declarant is hereby expressly permitted to maintain signs, temporary structures, and other construction on the Common Area and exterior of buildings, and make any improvements or modifications in structures deemed necessary to the selling or leasing of the Townhouses, including the operation of a model unit and signs announcing the location of the same.
ARTICLE X
EASEMENTS
(1) UTILITY. There is hereby created and reserved a blanket easement upon, across, over and under all of the properties of the association for ingress, egress, regress, installation, replacement, repair and maintenance of all utilities including but not limited to water, sewer, gas, telephones, electricity and television. An easement is also hereby reserved to Declarant to enter the Common Area during the period of construction and sale of the properties or any addition to the properties and to maintain such facilities and perform such operations as in the sole opinion of Declarant may be reasonable required, convenient or incidental to the construction and sale of residences.
(2) ABUTMENTS. Every portion of a Townhouse contributing to the support of an abutting Townhouse shall be burdened with an easement of support for the benefit of such abutting Townhouse. Further, all attachments to the exterior walls of a Townhouse which are a part thereof, but which protrude beyond the boundaries of the Lot and which were constructed in conformity with the plans and specifications, shall be deemed to be included within said boundaries and there is hereby reserved an easement to permit the construction of and continued existence of any such protruding attachment.
(3) ROADS. Each owner of any Lot within the properties, as an appurtenance to such Lot, shall have and is hereby conveyed a perpetual, non-exclusive right-of-way and easement for the purposes of ingress, egress and regress to and from said Lot over, through and across the streets and roads as constructed over the Common Area.
(4) DECLARANT’S EASEMENTS. The owner of each Lot, by acceptance of a deed thereto, and the Association by acceptance of a deed for the Common Area, grants to the Declarant, its successors and assigns, perpetual non-exclusive access and utility easements located along the streets and roads, utility lines, waterlines and sewage lines presently existing or to be installed. Such easements are non-exclusive and are for the purpose of providing utilities, water, sewage service and access.
(5) ASSOCIATION EASEMENT. An easement is reserved by the Association, its employees and designees to make any reasonable entry into any Townhouse located upon a Lot upon not less than twenty-four hours notice to the owner thereof for the purpose of performing any maintenance, repair, alteration or inspection. An easement is reserved by the Association, its employees and designees, to make any reasonable entry into any Townhouse on any Lot with no notice to the owner thereof in the event of any emergency.
(6) ENCROACHMENTS. In the event that any Townhouse or other improvement located on a Lot or on the Common Area encroaches onto any other Lot or unto any Common Area, an easement appurtenant to the encroaching Lot or Common Area hereby is granted over the Lot or the Common Area encroached upon for the natural duration of the encroachment. The intent and purpose of this paragraph is to prevent hardship and expense incurred in removing any fixture or permanent improvement mistakenly constructed by one owner on property belonging to another and which does not have a material adverse effect thereon, and this paragraph is intended to apply to such items as gutters, downspouts, eaves, leaning walls or walls offset a small distance. Nothing herein shall grant any easement for any encroachment unless the encroachment either (1) exists as of the date of the recordation of this Declaration or is part of the original construction or (2) the encroachment hereafter is constructed in good faith and according to plans and specifications approved by the Architectural Committee.
ARTICLE XI
GENERAL PROVISIONS
(1) ENFORCEMENT. The Association, or any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservation, 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 to event be deemed a waiver of the right to do so thereafter.
(2) SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
(3) AMENDMENT. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) from the date this Declaration is recorded, after which time, they shall be automatically extended for successive periods of one (1) year. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less that ninety percent (90%) of the Lot owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of the Lot owners, provided, that no amendment shall alter any obligation to pay ad valorem taxes on the Common Area or assessments for street lighting, as herein provided, or affect any lien for the payment of same. To be effective any amendment must be recorded in the office of the Register of Deeds of Craven County, North Carolina and a marginal entry of same must be signified on the face of this document.
(4) FHA/VA APPROVAL. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties, dedication of Common Area, and amendment of this Declaration.
(5) TAXES. Each Lot owner is responsible for payment of the ad valorem taxes levied upon his Lot and the taxes levied upon the Common Area shall be paid by the homeowner’s association out of the annual assessment levied upon each lot owner.
(6) LIGHTING. Declarant reserves the right to subject the Lots with a contract with Carolina Power & Light Company for street lights which contract may require an initial payment and/or continuing monthly to Carolina Power & Light Company or assessments by the owner of each Lot. Such expense is included in the annual assessments.
IN TESTIMONY WHEREOF, the Declarant has caused this instrument to be executed by one of its General Partners this the day and year first above written.
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