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Declaration of Covenants, Restrictions and Easements |
DECLARATION OF COVENANTS,
RESTRICTIONS AND EASEMENTS
HURRICANE HAVEN
HURRICANE HAVEN
THIS DECLARATION is made this the 23rd day of October, 1976, by HURRICANE HAVEN, INC., a North Carolina Corporation, hereinafter referred to as "Declarant", a party of the first part, to ALL FUTURE PURCHASERS of property within the HURRICANE HAVEN SUBDIVISION, parties of the second part;
WITNESSETH:
WHEREAS, the Declarant is the owner of certain real property located in Lockwood Folly Township, Brunswick County, North Carolina, and more particularly described as Hurricane Haven Subdivision, a plat of which is recorded in Map Book 14, Page 1 of the Brunswick Registry;
WHEREAS, the Declarant desires to create thereon a permanent residential area, and
WHEREAS, the Declarant desires to provide for the preservation of the environment of said property and to this end desires to subject the real property described hereinbefore to the covenants, restrictions, easements, charges and liens hereinafter set forth, each of which is for the benefit of said property and the subsequent owners thereof.
NOW, THEREFORE, the Declarant hereby declares that the real property described as Hurricane Haven Subdivision as recorded in Map Book 14, Page 1 of the Brunswick Registry, is and shall be held, conveyed, hypothecated or encumbered, sold, leased, rented, used, occupied and improved subject to the covenants, restrictions, easements, charges and liens (hereinafter sometimes referred to as "covenants and restrictions") hereinafter set forth:
1. These covenants, restrictions and conditions (hereinafter referred to as "covenants") shall be applicable to all lots in Hurricane Haven Subdivision, near Holden Beach, NC.
2. The expression "managing group" as herein used shall be construed to mean Hurricane Haven, Inc., its successors or assigns, or any agent designated by it to act reference these convenants.
3. No lot shall be used except for family residential or recreational purposes. No lot shall be used for commercial purposes without express written permission from the managing group.
4. Each and every lot owner shall be privileged to use for recreation, all areas designated from time to time for that purpose by the managing group; but in using same, he shall be required to abide by such reasonable rules and regulations as might be made by the managing group.
5. No lot or lots shall be divided or subdivided, nor shall any portion or any less than the whole of any one lot be sold or conveyed; except that a lot may be subdivided into two portions and conveyed to the owners of the adjoining lots on either side, so as to become parts thereof; provided, however, that the property thus combined shall be considered as one lot for the purpose of these convenants.
6. No more than one residential building shall be erected on any one lot. No buildings or other structures shall be erected or altered on any lot until the building plans or altercation plans shall have been approved by the managing group.
7. The managing group must approve the location of wells and septic tanks on all lots. No outside toilet facilities may be constructed or utilized. All sanitary facilities must be constructed in accordance with generally recognized good standards for health.
8. No building may be built on any lot within five (5) feet of any boundary line or within 25 feet from the street.
9. No residential building of less than 850 square feet (exclusive of porches) shall be constructed on any lot. Once construction of a building is begun, the exterior must be completed within 12 months.
10. No mobile home of less than 579 square feet of living area shall be placed on any lot.
11. No mobile home manufactured more than two years prior to its placement on the lot shall be allowed without the written permission of the managing group. All mobile homes shall be factory built and no additions, extensions or attachments shall be placed on the lot except items of commercial manufacture and design without express, written permission of the managing group.
12. No more than one (1) mobile home shall be placed on a lot.
13. No chickens or livestock of any kind can be kept on a lot.
14. Each lot owner at all times maintain his lot in a well kept condition. In the event that any lot is maintained in violation of the above requirements, the managing group reserves the right after five day's written notice to the lot owner, to enter and correct such conditions, and charge same to lot owner.
15. No stale garbage, or any other conditions conducive to the breeding of flies and rodents, or otherwise prejudicial to health or well being of the lot owner, shall be permitted to continue on any lot.
16. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become a nuisance or an annoyance of the neighboring lot owners.
17. In the event that the owner of any lot, or his heirs or assigns, shall violate or attempt to violate, any of these covenants, then the managing group or any property owner is empowered to bring any proceeding at law or in equity against the lot owner to prevent him from so doing, or to recover damages for such violations.
18. Any one or more of these covenants, can be altered, modified, cancelled, or changed as follows, to-wit:
The managing group, at any time may give written notice to each and every lot owner, of the time and place of a meeting at which the proposed change shall be considered. If fifty percent or more of the lot owners present and voting at such meeting shall vote in favor of the change, the change shall thereupon be considered as approved.
19. Invalidation of any one of these covenants by court decree, or any other means, shall in no way affect any of the other covenants, but they shall remain in full force and effect.
20. These covenants shall continue in effect until they shall be terminated by a declaration of termination executed by the managing group and 60% of the then owners of the lots to which they apply, when such declaration shall be recorded in the Register of Deeds office for Brunswick County, North Carolina. Unless sooner terminated by one of the methods above set out, they shall terminate automatically on December, 1999.
21. All mobile homes must be underpinned in 60 days after being placed on lot.
22. This property is conveyed subject to any Brunswick County or any government regulation Concerning the use of the property.
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
This amendment to Declaration of Covenants, Restrictions and Easements for Hurricane Haven, made and entered this 18th day of December, 1999, by Hurricane Haven Owners, Inc., a non-profit North Carolina Corporation;
WITNESSETH:
WHEREAS, Hurricane Haven, the subdivision, was created by the Declaration of Covenants, Restrictions and Easements, dated December 1, 1975 and recorded in Deed Book 341, Page 895 of the Brunswick County Registry (hereinafter "Declaration");
WHEREAS, paragraph 14 of the Declaration provides that: Each lot owner shall at all times maintain his lot in a well-kept condition. In the event that any lot is maintained in violation of the above requirements, the managing group reserves the right after five day's written notice to the lot owner, to enter and correct such conditions, and charge same to lot owner.
WHEREAS, paragraph 20 of the Declaration provides: These convenants shall continue in effect until they shall be terminated by a Declaration of termination executed by the managing group and 60% of the then owners of the lots which they apply, when such declaration shall be recorded in the Register of Deeds Office for Brunswick County, North Carolina. Unless sooner terminated by one of the methods above set out, they shall terminate automatically on December, 1999.
WHEREAS, Hurricane Haven Owners, Inc., as the successor to Hurricane Haven, Inc., the "managing group", wishes to amend the Declaration and expressly provide for the placement of a lien against any lot for the cost of maintaining same as required under paragraph 14 of the Declaration;
WHEREAS, a majority of the lot owners present at a meeting approved the amendments to the Declaration described herein:
WHEREAS, the amendments were approved by the appropriate number of lot owners during a meeting of the lot owners called in accordance with the provisions of Paragraph 18 of the Declaration.
NOW, THEREFORE, in consideration of the promises, Hurricane Haven Owners, Inc., does hereby amend the Declaration by adopting the following amendments to the Declaration:
IN TESTIMONY WHEREOF, the parties hereto have hereunto set their hands and seals, effective the day and your first above written.
WITNESSETH:
WHEREAS, the Declarant is the owner of certain real property located in Lockwood Folly Township, Brunswick County, North Carolina, and more particularly described as Hurricane Haven Subdivision, a plat of which is recorded in Map Book 14, Page 1 of the Brunswick Registry;
WHEREAS, the Declarant desires to create thereon a permanent residential area, and
WHEREAS, the Declarant desires to provide for the preservation of the environment of said property and to this end desires to subject the real property described hereinbefore to the covenants, restrictions, easements, charges and liens hereinafter set forth, each of which is for the benefit of said property and the subsequent owners thereof.
NOW, THEREFORE, the Declarant hereby declares that the real property described as Hurricane Haven Subdivision as recorded in Map Book 14, Page 1 of the Brunswick Registry, is and shall be held, conveyed, hypothecated or encumbered, sold, leased, rented, used, occupied and improved subject to the covenants, restrictions, easements, charges and liens (hereinafter sometimes referred to as "covenants and restrictions") hereinafter set forth:
1. These covenants, restrictions and conditions (hereinafter referred to as "covenants") shall be applicable to all lots in Hurricane Haven Subdivision, near Holden Beach, NC.
2. The expression "managing group" as herein used shall be construed to mean Hurricane Haven, Inc., its successors or assigns, or any agent designated by it to act reference these convenants.
3. No lot shall be used except for family residential or recreational purposes. No lot shall be used for commercial purposes without express written permission from the managing group.
4. Each and every lot owner shall be privileged to use for recreation, all areas designated from time to time for that purpose by the managing group; but in using same, he shall be required to abide by such reasonable rules and regulations as might be made by the managing group.
5. No lot or lots shall be divided or subdivided, nor shall any portion or any less than the whole of any one lot be sold or conveyed; except that a lot may be subdivided into two portions and conveyed to the owners of the adjoining lots on either side, so as to become parts thereof; provided, however, that the property thus combined shall be considered as one lot for the purpose of these convenants.
6. No more than one residential building shall be erected on any one lot. No buildings or other structures shall be erected or altered on any lot until the building plans or altercation plans shall have been approved by the managing group.
7. The managing group must approve the location of wells and septic tanks on all lots. No outside toilet facilities may be constructed or utilized. All sanitary facilities must be constructed in accordance with generally recognized good standards for health.
8. No building may be built on any lot within five (5) feet of any boundary line or within 25 feet from the street.
9. No residential building of less than 850 square feet (exclusive of porches) shall be constructed on any lot. Once construction of a building is begun, the exterior must be completed within 12 months.
10. No mobile home of less than 579 square feet of living area shall be placed on any lot.
11. No mobile home manufactured more than two years prior to its placement on the lot shall be allowed without the written permission of the managing group. All mobile homes shall be factory built and no additions, extensions or attachments shall be placed on the lot except items of commercial manufacture and design without express, written permission of the managing group.
12. No more than one (1) mobile home shall be placed on a lot.
13. No chickens or livestock of any kind can be kept on a lot.
14. Each lot owner at all times maintain his lot in a well kept condition. In the event that any lot is maintained in violation of the above requirements, the managing group reserves the right after five day's written notice to the lot owner, to enter and correct such conditions, and charge same to lot owner.
15. No stale garbage, or any other conditions conducive to the breeding of flies and rodents, or otherwise prejudicial to health or well being of the lot owner, shall be permitted to continue on any lot.
16. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become a nuisance or an annoyance of the neighboring lot owners.
17. In the event that the owner of any lot, or his heirs or assigns, shall violate or attempt to violate, any of these covenants, then the managing group or any property owner is empowered to bring any proceeding at law or in equity against the lot owner to prevent him from so doing, or to recover damages for such violations.
18. Any one or more of these covenants, can be altered, modified, cancelled, or changed as follows, to-wit:
The managing group, at any time may give written notice to each and every lot owner, of the time and place of a meeting at which the proposed change shall be considered. If fifty percent or more of the lot owners present and voting at such meeting shall vote in favor of the change, the change shall thereupon be considered as approved.
19. Invalidation of any one of these covenants by court decree, or any other means, shall in no way affect any of the other covenants, but they shall remain in full force and effect.
20. These covenants shall continue in effect until they shall be terminated by a declaration of termination executed by the managing group and 60% of the then owners of the lots to which they apply, when such declaration shall be recorded in the Register of Deeds office for Brunswick County, North Carolina. Unless sooner terminated by one of the methods above set out, they shall terminate automatically on December, 1999.
21. All mobile homes must be underpinned in 60 days after being placed on lot.
22. This property is conveyed subject to any Brunswick County or any government regulation Concerning the use of the property.
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
This amendment to Declaration of Covenants, Restrictions and Easements for Hurricane Haven, made and entered this 18th day of December, 1999, by Hurricane Haven Owners, Inc., a non-profit North Carolina Corporation;
WITNESSETH:
WHEREAS, Hurricane Haven, the subdivision, was created by the Declaration of Covenants, Restrictions and Easements, dated December 1, 1975 and recorded in Deed Book 341, Page 895 of the Brunswick County Registry (hereinafter "Declaration");
WHEREAS, paragraph 14 of the Declaration provides that: Each lot owner shall at all times maintain his lot in a well-kept condition. In the event that any lot is maintained in violation of the above requirements, the managing group reserves the right after five day's written notice to the lot owner, to enter and correct such conditions, and charge same to lot owner.
WHEREAS, paragraph 20 of the Declaration provides: These convenants shall continue in effect until they shall be terminated by a Declaration of termination executed by the managing group and 60% of the then owners of the lots which they apply, when such declaration shall be recorded in the Register of Deeds Office for Brunswick County, North Carolina. Unless sooner terminated by one of the methods above set out, they shall terminate automatically on December, 1999.
WHEREAS, Hurricane Haven Owners, Inc., as the successor to Hurricane Haven, Inc., the "managing group", wishes to amend the Declaration and expressly provide for the placement of a lien against any lot for the cost of maintaining same as required under paragraph 14 of the Declaration;
WHEREAS, a majority of the lot owners present at a meeting approved the amendments to the Declaration described herein:
WHEREAS, the amendments were approved by the appropriate number of lot owners during a meeting of the lot owners called in accordance with the provisions of Paragraph 18 of the Declaration.
NOW, THEREFORE, in consideration of the promises, Hurricane Haven Owners, Inc., does hereby amend the Declaration by adopting the following amendments to the Declaration:
- 1. Adoption of a new Paragraph 20. A new Paragraph 20 is hereby adopted in lieu and in the place and stead of the original Paragraph 20 which new Paragraph 20 is set forth as follows:
- 20. These convenants shall continue in effect until they shall be terminated by a declaration of termination executed by the managing group and 60% of the then owners of the lots to which they apply, when such declaration shall be recorded in the Register of Deeds Office for Brunswick County, North Carolina. Unless sooner terminated by one of the methods above set out, they shall terminate automatically on December 1, 2030.
2. A new Paragraph 14. A new Paragraph 14 is hereby adopted in lieu and in place and stead of the original Paragraph 14 which new Paragraph 14 is set forth as follows:
- 14. Each lot owner shall at all times maintain his lot in a well-kept condition . In the event that any lot is maintained in violation of the above requirements, the managing group, its successor, assign or agent, reserves the right after five days written notice to the lot owner, to enter and correct such condition, and charge the cost of same to the lot owner. The cost of any such action by the managing group, including attorney's fees and costs, shall constitute a lien against the lot and it shall be a personal obligation of the lot owner. The managing group may file a Notice of Claim of Lien with the Office of the Clerk of Superior Court for Brunswick County, North Carolina against any lot owner who fails after a period of thirty (30) days to pay sum.
3. Ratification and Confirmation of Declaration as Hereby Amended. As hereby amended, the Declaration and all prior amendments, if any, are fully ratified and confirmed.
IN TESTIMONY WHEREOF, the parties hereto have hereunto set their hands and seals, effective the day and your first above written.