AMENDED AND RESTATED SUPPLEMENTARY DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
The Meadows at Foxcroft
The Meadows Homes Association
[NOTE: Original copy with homeowner signatures recorded in Book 29618 at page
723 in the Mecklenburg Public Registry.]
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA.
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS.
Prepared by and return to:
Horack Talley Pharr Lowndes, PA Cynthia Jones
2600 One Wells Fargo Center
301 South College Street
Charlotte, NC 28202
1
AMENDED AND RESTATED SUPPLEMENTARY DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
WHEREAS, the original Declaration of Covenants, Conditions, and Restrictions for Foxcroft East was recorded in Book 3166, page 287, in the Mecklenburg Public Registry (“Original Declaration”);
WHEREAS, the Supplementary Declaration of Covenants, Conditions, and Restrictions for The Meadows at Foxcroft was recorded in Book 3542, page 235, in the Mecklenburg Public Registry (“Supplementary Declaration”);
WHEREAS, this amended and restated Declaration replaces the Supplementary Declaration in its entirety; and
WHEREAS, Owners of not less than 75% of the Lots have approved this amended and restated Declaration of Covenants, Conditions, and Restrictions.
NOW THEREFORE, The Meadows Homes Association (“Association”) declares that all properties described herein shall be held, sold, and conveyed subject to the following covenants, conditions, restrictions, and easements.
ARTICLE I. DEFINITIONS
1. “Association” means The Meadows Homes Association, a North Carolina non-profit corporation, its successors and/or assigns.
2. “Board” means the Board of Directors of the Association, appointed and elected in accordance with its Bylaws.
3. “Common Area” means all the real property owned by the Association for the common use and enjoyment of the Owners. The Common Area is described as follows:
All of that land designated “Townhouse Common Area” on the plat entitled “The Meadows at Foxcroft, Stage 1”, which appears on record in Map Book 17 at Page 29 in the Mecklenburg Public Registry.
4. “Common Expenses” means expenses incurred or anticipated to be incurred by the Association for the benefit of all Owners, including any reasonable reserve, as the Board may find necessary and appropriate under the Association’s Governing Documents.
5. “Contract Purchaser” means a person who, under a real estate installment purchase agreement, takes possession of a residence but does not receive the deed and title until all installment payments have been made.
6. “Contract Seller” means a person who, under a real estate installment purchase agreement, permits the buyer to take possession of the property, but does not transfer legal title until all installment payments have been made.
7. “Declaration” means this amended and restated Supplementary Declaration of Covenants, Conditions and Restrictions.
8. “Governing Documents” means the Association’s articles of incorporation, the Original Declaration, the Declaration, the Association’s Bylaws, and the Rules or Guidelines adopted by the Association.
9. “Lot” means any plot of land, with delineated boundary lines, appearing on any recorded subdivision map of the Properties except the Common Area.
10. “Member” means every person or entity who holds membership in the Association.
11. “Owner” means the record owner, whether one or more persons or entities, of the fee simple title to any Lot, including Contract Sellers, but excluding those having an interest in a lot merely as security for an obligation.
12. “Properties” means the “existing property” described in Section II.1 hereof, and any additions thereto under Section II.2.
ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION
1. Existing Property. The property subject to this Declaration is located in Mecklenburg County, North Carolina and is described as follows:
A tract of land containing approximately seven acres, bounded on the North by Simsbury Road, on the East by Mullens Ford Road, on the South by Foxcroft East, Phase II, and on the West by the Governor’s Square subdivision; and more particularly described as The Meadows at Foxcroft, Stage 1, as the same is shown on map thereof recorded in Map Book 17 at Page 29 in the Mecklenburg Public Registry.
2. Additions to Existing Property. Additional land may be brought within the scheme of this Declaration by the Association’s merger or consolidation with other non-profit homeowners associations in accordance with the North Carolina Planned Community Act (N.C.G.S. 47F et. seq.) (“Act”).
ARTICLE III. MEMBERSHIP AND VOTING RIGHTS
1. Membership. Every Owner of a Lot subject to assessment is a Member of the Association. Membership is appurtenant to and may not be separated from ownership of any Lot subject to assessment.
2. Voting. Voting rights of the membership are appurtenant to ownership of Lots. Each Lot has one vote in the Association. When more than one person owns an interest (other than a leasehold or a security interest) in any Lot all such persons shall be Members; and the voting rights appurtenant to said Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any Lot.
ARTICLE IV. PROPERTY RIGHTS
1. Easements of Enjoyment. Every Owner has a right and easement of enjoyment in and to the Common Area, subject to the Association’s right to:
(a) adopt rules regulating use and enjoyment of the Common Area;
(b) charge reasonable fees for the use of recreational facilities in the Common Area;
(c) permit use of recreational facilities in the Common Area by persons other than Owners, their families, tenants, and guests upon payment of fees adopted by the Board;
(d) suspend the voting rights and enjoyment rights of an Owner for
(1) any period during which any assessment against the Owner’s Lot remains unpaid for a period of 30 days or longer; and
(2) a reasonable period for any infraction of its Declaration, Bylaws, or Rules, or for any period during which the infraction persists;
(e) control use of unassigned parking spaces;
(f) with the written agreement of persons entitled to cast at least eighty percent (80%) of the votes in the Association, convey or subject property to a security interest.
2. Delegation of Use.
(a) The right and easement of enjoyment of the Properties may be delegated by Owners to their families, tenants, and Contract Purchasers who occupy the residence of the Owner within the Properties. Owners waive their rights of enjoyment during periods when such rights are delegated to tenants and Contract Purchasers. If an Owner’s rights are suspended in accordance with paragraph V.1(d) herein, then the Owner may not delegate those rights during the term of their suspension.
(b) Recreational facilities on the Properties may be used by guests of Owners, tenants or Contract Purchasers subject to the Rules of the Association.
3. Parking Rights. Ownership of a Lot entitles the Owner to two parking spaces. The Association may assign the parking spaces for each Lot and may establish rules concerning the types of vehicles that may be parked in them. The Board may adopt additional rules concerning parking, including, but not limited to, the criteria for towing or booting vehicles.
ARTICLE V. ASSESSMENTS
1. Creation of the Lien and Personal Obligation of Assessments.
(a) Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association:
(1) annual assessments or charges (sometimes called homeowner association “dues”),
(2) special assessments, effective for defined periods of time, to defray the cost of construction, repair, or replacement of capital improvements or to replenish reserve accounts; and
(3) personal-reimbursement assessments against an Owner’s Lot to cover (i) fines or penalties for violations of this Declaration or the Association’s Rules; (ii) costs incurred by the Association in bringing the Lot into compliance with the Governing Documents; (iii) costs incurred by the Association in repairing damage to the Common Areas for which the Owner was responsible; or (iv) maintenance, repair, or replacement costs incurred by the Association under Section VII.2(b) below.
(b) Any such assessment or charge, together with interest, late fees, costs, administrative costs, collection costs and reasonable attorney’s fees shall be a charge on the land and a continuing lien upon the property against which the assessment is made. Each such assessment, together with interest, costs, and reasonable attorney’s fees shall also be the personal obligation of the Owner of such property when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless expressly assumed by them.
2. Use of Assessments. Annual and special assessments shall be used for the construction, maintenance, repair, and replacement of the Common Area and amenities; the exterior maintenance responsibilities of the Association as defined in Article VII; and administrative and operating costs of the Association.
3. Assessment Rate. Annual and special assessments must be fixed at a uniform rate for all Lots except in cases where an assessment may be levied against a specific Lot in accordance with the Act.
4. Annual Assessment Amount. (a) Effective January 1 of each year, annual assessments may be increased by the Board, without a vote of the membership, subject to the limitation that the percentage of any such increase shall not exceed the percentage increase in the Consumer Price Index (CPI-U), published by the Department of Labor, Bureau of Labor Statistics, Washington, D. C., for the 12-month period ending in the preceding month of July. At least 15 days before January 1, the Board shall send written notice of the assessment to every Owner subject thereto.
(b) Annual assessments may be increased without limitation if such increase is approved by Owners entitled to no less than two-thirds (2/3) of the votes represented in person or by proxy at a meeting duly called for this purpose.
5. Approval of Special Assessments. The Association may levy special assessments with the approval of Owners entitled to no less than two-thirds (2/3) of the votes represented in person or by proxy at a meeting duly called for this purpose.
6. Notice and Quorum. Written notice of a meeting called for the purpose of taking any action authorized under paragraph 4(b) or Section 5 above shall be sent to all Members not less than 30 days or more than 60 days in advance of the meeting. At the first such meeting, the presence of Members and proxies entitled to cast sixty per cent (60%) of the votes of the Association shall constitute a quorum. If a quorum is not present, another meeting may be called subject to the same notice requirement. The quorum at the subsequent meeting shall be one-half (1/2) that of the preceding meeting. No such subsequent meeting may be held more than 60 days following the preceding meeting.
7. Due Dates. Due dates for payment of annual, special, and personal-reimbursement assessments shall be established by the Board. Owners may pay annual and special assessments in monthly installments.
8. Effect of Nonpayment of Assessments: Remedies of the Association. If any assessment imposed hereunder is not paid within 30 days after the due date, a late charge of up to $20.00 or ten percent (10%) of the delinquency, whichever is greater, may be imposed. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of six (6%) per cent per annum. The Association may bring an action at law against the Owner obligated to pay the same or foreclose the lien against the property, and late charges, administrative charges, costs of collection, interest, court costs, trustee’s commissions, and reasonable attorney’s fees of such action or foreclosure shall be added to the amount of such assessment. Owners may not escape liability for the assessments provided for herein by non-use of the Common Area, abandonment of their Lots, or other means.
9. Relationship of the Lien to Mortgages. In accordance with the Act, the liens provided for herein are prior to all liens and encumbrances on a Lot except (i) liens and encumbrances, specifically including, but not limited to, a mortgage or deed of trust on the Lot that were recorded before the filing of the claim of lien in the office of the clerk of the superior court, and (ii) liens for real estate taxes and other governmental assessments and charges against the Lot. The sale or transfer of any Lot shall not affect any assessment lien. However, where a purchaser obtains title to a Lot as a result of foreclosure of a first mortgage or first deed of trust, the purchaser is not liable for assessments that became due prior to the acquisition of title by the purchaser. The term “acquisition of title” means and refers to the recording of a deed conveying title or the time at which the rights of the parties are fixed following the foreclosure of a mortgage or deed of trust, whichever occurs first. The unpaid assessments are common expenses collectible from all Owners, including the purchaser.
10. Exempt Property. All property dedicated to, and accepted by, a local public authority and all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of North Carolina shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments.
ARTICLE VI. ARCHITECTURAL CONTROL
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 be made until the plans and specifications showing the nature, kind, shape, heights, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board, or by an architectural control committee appointed by the Board. If the Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) 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. The Association may charge a reasonable fee not exceeding $25.00 for receiving each application.