THE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR KENILWORTH/AMBERLEIGH
Kenilworth/Amberleigh Owner’s Association, Inc. 11111Covenants, Conditions, and Restrictions
Table of Contents
ArticleTitleSectionPage
IDefinitions1
“Association”11
“Development”21
“Lot”31
“Map”41
“Member”51
“Owner”62
“Property”/ “Properties”72
IIProperty Subject to This Declaration Within the Jurisdiction of Kenilworth/ Amberleigh Owner’s Assoc. 2
Existing Property12
IIIMembership: Voting Rights and Control of the Association
2
Membership12
Availability of Documents 22
Maintenance33
Utilities and Other Costs43
Voting Rights53
Rental Restriction63
Half-Way House73
Prohibition against Registered Sex Offenders and Sexual Predators 8 4
Pet Ownership94
Dangerous Animals104
The North Carolina Planned Community Act 11 5
IVCovenant for Maintenance Assessments 5
Creation of the Lien and Personal Obligation for Assessments 1 5
Purpose of Annual Assessments 2 5
Annual Assessment35
Assessment Rate46
Notice and Quorum for Any Authorized Action Under Sections 3 & 4 5 6
Damage Assessment66
Effect of Nonpayment of Assessments 7 6
Subordination of the Lien to Mortgages 8 6
VBuilding and Use Restrictions 7
General Guidelines17
Subdivision of Lots27
Reserved Easements37
Residential Use of Property47
Minimum Size of Dwelling58
Sight Lines68
Outbuildings and Similar Structures 7 8
Nuisance Behavior88
Correction of Non-Compliance 9 8
Antennas and Satellite Dishes 10 8
Wall and Fence Installation118
Parking Restrictions129
Utilities139
Additional Maintenance by Owners 14 9
Window Units1510
Signs and Curtains1610
Trash, Vegetation, Yard
Maintenance1711
Firearms1811
Storage of Personal Property 19 12
Decks/Patios/Exterior Furniture 20 12
Glass/Screens2112
Seasonable/ Holiday Decorations 22 12
Flags2312
VIArchitectural Control12
Plan of Design Approval112
Architectural Committee212
Procedure313
Enforcement414
Effect of Failure to Approve or Disapprove 5 14
Right of Inspection614
Limitation of Liability714
Compensation814
VIIGeneral Provisions15
Enforcement115
Severability215
Amendment315
Waiver of Unintentional Violations 4 15
Limitations515
THE AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR KENILWORTH/AMBERLEIGH
THIS AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this _____ day of ______, 2014 by the Kenilworth/Amberleigh Owners' Association, Inc., hereinafter referred to as "Association."
WITNESSETH
WHEREAS, Hinshaw Properties, LLC was the original Owner of certain property located in Mecklenburg County, North Carolina. This initial property was found in Map Book 28, at Page 502 at the Mecklenburg County, North Carolina Public Registry.
WHEREAS, Hinshaw Properties, LLC conveyed the property referenced above along with additional property subject to the Declaration of Covenants, Conditions, and Restrictions for Kenilworth/Amberleigh recorded in Book 9211, Page 884 of the Mecklenburg County Registry (the “Original Declaration”).
NOW THEREFORE, pursuant to the provisions of Article VII, Section 3, of this Original Declaration the additional Declaration may be amended by an instrument signed by the owners of not less than sixty-six and two-thirds percent (66 2/3%) of the Lots. The Association obtained the required consent of the membership to amend the Declaration and replaced it with this Amended and Restated Declaration of Covenants, Conditions, and Restrictions (the “Amended and Restated Declaration”).
ARTICLE I
DEFINITIONS
Section 1. “Association” shall mean and refer to KENILWORTH/AMBERLEIGH OWNERS’ ASSOCIATION, INC., a North Carolina non-profit corporation, its successor and assigns.
Section 2. “Development” shall mean and refer to KENILWORTH/AMBERLEIGH, a single-family residential development.
Section 3. “Lot” shall mean and refer to any plot of land, intended for construction of a residence and delineated boundary lines and appearing on the Map with the exception of the public roads and streets.
Section 4. “Map” shall mean and refer to the map of the Property as recorded in Map Book 28, at Page 502, in the Mecklenburg County, North Carolina, Public Registry and the maps of any additions to the Properties which may be recorded by Association in the Mecklenburg County, North Carolina, Public Registry hereafter, and any revised or supplemental maps which may hereafter be recorded by Association.
Section 5. “Member” shall mean and refer to every person or entity who holds membership in the Association.
Section 6. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot including the Association if it owns any Lots and including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 7. “Property” or “Properties” shall mean and refer to all property subject to the Original Declaration and this Amended and Restated Declaration
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION AND WITHIN THE JURISDICTION OF KENILWORTH/AMBERLEIGH OWNERS' ASSOCIATION, INC.
.
Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration, and within the jurisdiction of the Association is located in Mecklenburg County, North Carolina, and is that certain property shown on the following maps recorded in in the Mecklenburg County Public Registry (the “Existing Property”):
a. Map Book 28, Page 502;
b. Map Book 28, Page 642;
c. Map Book 28, Page 731;
d. Map Book 28, Page 732;
e. Map Book 29, Page 578;
f. Map Book 29; Page 580;
g. Map Book 30, Page 723;
h. Map Book 30, Page 933;
i. Map Book 30, Page 723;
j. Map Book 31, Page 933;
k. Map Book 32, Page 144;
l. Map Book 32, Page 523;
m. Map Book 33, Page 115;
n. Map Book 33, Page 331;
o. Map Book 33, Page 477;
p. Map Book 33, Page 503;
q. Map Book 33, Page 611;
r. Map Book 37, Page 141; and
s. Map Book 37, Page 219.
ARTICLE III
MEMBERSHIP; VOTING RIGHTS AND CONTROL OF THE ASSOCIATION
Section 1. Membership. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot.
Section 2. Availability of Documents. The Association shall maintain current copies of the Declaration, the Bylaws and other rules concerning the Development as well as its own books, records, and financial statements available for inspection by all Owners, Mortgagees, and insurers and guarantors of Mortgagees that are secured by Lots. All such documents shall be available upon reasonable notice and during normal business hours. In addition, any Mortgagee may, at its own expense, have an audited statement prepared with respect to the finances of the Association.
Section 3. Maintenance. Certain features that are deemed common areas, being of benefit to all Lots, shall be maintained exclusively by the Association until such time, if ever, as the maintenance thereof is accepted by an appropriate governmental entity. Said common amenities may include without limitation, playground area, common walks, landscaping around entrance signs, entry ways and entry walls, and street lighting.
The Association shall not be responsible for the maintenance of any Lots or the improvements within the boundaries thereof. The Owner shall be responsible for same. The Owner or Owners of any Lots shall maintain their Lots in a neat and clean condition free of all trash and debris as more particularly described below. The yard, ground, shrubbery trees shall be maintained in a neat and trim condition as more specifically set below.
Section 4. Utilities and Other Costs. The Association shall be responsible for paying all costs of electricity used in the operation of the street lights, all water costs in connection with any irrigation systems installed by Association in connection with the maintenance of landscaping around the entrance sign, and such other utility charges or other costs necessary or appropriate for the operation and maintenance of the common areas referred to in Section 3 above.
Section 5. Voting Rights. The voting rights of the Membership shall be appurtenant to the ownership of Lots. Each Lot shall entitle the Owner(s) of said Lot to one (1) vote. When more than one person owns an interest (other than a leasehold or 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.
Section 6. Rental Restriction. Limitation on Rental/Leased Property: Owners may rent/lease Lots to a single family. For purposes hereof, a single family means ordinary residential use and occupancy by individuals related by blood, marriage, or adoption or are otherwise legally related; provided, however, that occupancy by temporary guests not so related shall not be prohibited so long as such temporary residency is not commercial or institutional use.
All Owners that rent/lease Lot(s) within the Association shall provide to the Board of Directors the name and address of the Owner(s) of the Lot(s), the names of all adult occupants of the Lot(s), and the starting date and ending date of the rental/lease term. This information shall be provided at least every twelve (12) months or upon a change in occupancy, whichever occurs earlier.
All rental/lease terms shall be for a period of no less than six (6) months and no less than the entire residence may be rented.
Section 7. Half-way House. No lot within the Association shall be used as a halfway house, juvenile home, group home, detention center, detention homes, temporary shelter, long-term shelter, institution, treatment facility or rehabilitation center of any kind.
No lot within the Association shall be used to house persons addicted to or recuperating from the effects of or addiction to drugs or alcohol or persons adjusting to non-prison life, including but not limited to pre-release, work release, probationary programs or juvenile detention.
This Section is intended to prevent the use of property within the Association for, by way of illustration and not limitation, protection, detention, or rehabilitation of drug addicts, criminals, juveniles, homeless persons or other similarly situated persons. It is not the intent of this provision to prevent the owners of the lots, their spouses, children, or legal relatives from undergoing medical, therapeutic, rehabilitation or treatment at home.
Section 8. Prohibition against Registered Sex Offenders and Sexual Predators. No person listed as a registered sex offender, or who is required to register as a sex offender, within the state of North Carolina may be a member of the Association, or reside on or occupy a Lot within the Association. Moreover, no person adjudicated as a sexual predator may own title to property within the Association, occupy, or reside on a Lot within the Association.
The clear intent of this strict prohibition is to prevent registered sex offenders, persons who are required to be registered sex offenders, and sexual predators from owning, leasing, occupying, or residing on any Lot within the Association.
Section 9. Pet Ownership. An Owner or tenant occupying a residence upon a Lot may keep customary household pets upon such Lot provided that such pets are not kept, bred, or maintained for any commercial purposes or in such a manner as to become a nuisance to the other Owners or residents of the subdivision, and subject to such reasonable rules and regulations as the Association may determine.
No dog shall be allowed to be off of the Lot where the Owner or tenant resides unless such dog is on a leash and otherwise under the actual physical direct control of the Owner or tenant. Extending leashes are permitted so long as they do not exceed 12 feet in length.
No wild or barnyard animal may be kept on any lot.
Section 10. Dangerous Animals. No potentially dangerous animal shall be permitted to remain upon any Lot or Common Area. An animal shall be deemed "potentially dangerous" for purposes of this Section if, when unprovoked: 1) on two separate occasions within the prior three (3) years, it engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off the property of the owner or keeper of the animal; 2) it bites or otherwise causes injury to a person, or 3) within the prior three years, it has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal off the property of the owner or keeper of the animal. The Board of Directors shall, after notice and an opportunity to be heard, have the authority to determine an animal to be potentially dangerous. Upon such determination the animal shall be permanently removed from the Lot within thirty (30) days of the written notice of the determination.
Section 11. The North Carolina Planned Community Act, N.C.G.S. §47 et seq. shall apply in full with the members and the property within the Association being opted into the provisions of the Act.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation for Assessments. The Association, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association annual assessments or charges, damage assessments and special assessments for capital improvements, established and collected as hereinafter provided. Any such assessment or charge, together with interest, costs, and reasonable attorneys’ fees, shall be a charge and a continuing lien upon the Lot against which each such assessment or charge is made. Each such assessment or charge, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment fell due. The personal obligation for delinquent assessments or charges shall not pass to an Owner's successors in title unless expressly assumed by them.
Section 2. Purpose of Annual Assessments. The annual assessments levied by the Association shall be used as follows: (a) to maintain the street lighting fixtures, entry ways, entry walls, entrance sign, and landscaping around the entrance sign and any other common areas which the Association may now or hereafter maintain; (b) to pay for the costs of electricity in connection with the operation of the street lights, the costs of water in connection with any irrigation system installed by Association in connection with the maintenance of landscaping around the common areas, and other utility charges and other costs in connection with the operation or maintenance of the common areas referred to in Subparagraph (a) above; (c) to pay for capital improvements as may from time-to-time be needed or desired; (d) to maintain a reserve of no less than 50% of the annual operating budget; (e) to pay for accountants, attorneys, and other professionals deemed necessary or desired; and (f) for all such other reasonable and customary expenses of the Association.
Section 3. Annual Assessment. The annual assessment for the year 2014 is $225.00.
(a) The annual assessments thereafter may be increased on a yearly basis, effective January 1 of each calendar year by an amount no greater than 10% of the prior year’s assessment. An increase in excess of this amount can only be implemented if such increase is approved by fifty-one percent (51%) of all of the votes to which all Members are entitled. Members entitled to such voting may be represented in person or by proxy at a meeting duly called for this purpose.
(b) 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 any construction, reconstruction, repair or replacement of a capital improvement upon a common area including fixtures and landscaping related thereto provided that any such assessment requires the same assent of the Members as provided in Section 3(a) of this Article.
Section 4. Assessment Rate. Both annual and special assessments must be fixed at a uniform rate for all Lots.
Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all Members not less than fifteen (15) days nor more than forty-five (45) days in advance of the meeting. At such meeting the presence of Members entitled to cast fifty-one percent (51%) and/or proxies of all the votes shall constitute a quorum. If the required quorum is not present, subsequent meetings may be called, subject to the same notice requirement, until the required quorum is present. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 6. Damage Assessment. In the event the Association finds that an Owner has damaged any of the common areas the Association may levy an assessment on such Owner's Lot for the purpose of paying for the cost of any construction, reconstruction, repair or replacement of any damaged component of the common areas including the sidewalks and street lighting fixtures serving the Development and the amount of said assessment shall be a lien with respect to said Lot.
Section 7. Effect of Nonpayment of Assessments - Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest at the rate of eighteen percent (18%) per annum. In addition to such interest charge, the delinquent Owner shall also pay such late charge as may have been theretofore established by the Board of Directors of the Association. The Association may bring an action at law against the delinquent Owner or foreclose the lien against the Lot, and interest, late payment charge, costs and reasonable attorney's fees of such action or foreclosure shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by not using the Common Area or abandoning his Lot.
Section 8. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust on a Lot or any mortgage or deed of trust to the Association. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, 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 the purchase of such Lot from liability for any assessments thereafter becoming due from the lien thereof, but the lien provided for herein shall continue to be subordinate to the lien of any mortgage or deed of trust as above provided.
ARTICLE V
BUILDING AND USE RESTRICTIONS
Section 1. General Guidelines. The placement and construction of improvements on lots shall be subject to the following general requirements: