Covenant FAQ page
in the 'Owner's Manual' section.Olde Point Property Owners Association
The
following information is from the POA's excellent website, and there is a
Covenant FAQ page
in the 'Owner's Manual' section.
STATE
OF
AMENDMENT
OF RESTRICTIVE COVENANTS
OLDE POINT DEVELOPMENT
PHASE I AND PHASE II
This
AMENDMENT OF RESTRICTIVE COVENANTS is made and entered into this 1st day of
January 2000 by the Owners of a majority of the lots in Phase I and Phase II of
the OLDE POINT Subdivision as further defined herein; and further joined by the
OLDE POINT PROPERTY OWNER'S ASSOCIATION, INC. (Hereinafter
"Association"), recorded in Book 745 Page 422, a
WHEREAS,
the original Restrictive Covenants for Olde Point were effective on March 12,
1975 recorded in Book 481, Page 14 of the Pender County Register of Deeds and
they were made by Olde Point Development Inc., the owner and developer of the
property referred to as Olde Point Development. Olde Point Development, Inc. has
been superseded by Olde Point Associates, Inc., which corporation now owns less
that twenty (20) lots within the Phase I and Phase II areas. Olde Point Property
Owner's Association, Inc. revised the original Restrictive Covenants, effective
January 1, 1990 by a majority vote of the Phase I and Phase II property owners
recorded in Book 745 Page 422 of said Register of Deeds, with amendments to be
made every ten (10) years thereafter, and
WHEREAS,
in order to provide for a uniform development of the properties within the Phase
I and Phase II areas, so as to preserve their value and to protect the present
and future owners of lots thereof, for itself, its successors and assigns, these
covenants are hereby amended by formal vote of a majority of the lot owners with
said ballots hereby attached as Exhibits to this amendment with said action
further being recorded in the Minutes of the meeting of the Association on the
18th day of October, 1999. The amended restrictions and covenants, in their
entirety, which apply to said property are the following:
1.
DEFINITIONS
As
used in this Declaration of Restrictive Covenants, the following terms shall
mean:
(a)
"OPD" means Olde Point Development, Inc., the Owner and Developer, and
its successors and assigns, or in the event there is no Owner or Developer, or
successor or assign, means the OldePoint Property Owner's Association, Inc.
hereinafter called the Association.
(b)
"Developer" is used interchangeably with the term "OPD" to
refer to Olde Point Development, Inc., the Owner and the Developer, its
successors and assigns. (c) "Record or Recording" refers to record or
recording with the Register of Deeds for
(d) "Subdivision" means the portion of the property which has been or is to be subdivided into residential lots.
(e)
"Property" generally means the lands specifically set forth in
subparagraph (f) herein as Olde Point Development,
(f)
"Phase I" means the portion of the property recorded in the Pender
County Registry as:
Section
1, Lots 1 thru 24, recorded in Book 11 Page 35.
Section
2, Lots 35 thru 61, recorded in Book 11 Page 50.
Section
3, Lots 1 thru 20, recorded in Book 11 Page 66.
(Lots
21 thru 33 were revised and replatted as a part of Section 4)
Section
4, Lots 1 thru 72, recorded in Book 13 Page 12.
Section
5, Lots 4 thru 87, recorded in Book 20 Page 30.
Section
5A, Lots 1 thru 18, recorded in Book 24 Page 13.
Phase
I containing approximately 167 acres was conveyed to OPD by deed recorded in
Book 436, Page 5 of said Registry.
(g)
"Phase II" means the portion of the property presently being developed
which will include eight (8) additional sections with a total of 351 lots
located on that certain tract of land which was conveyed to OPD by deed recorded
in Book 474, Page 291 and also in Book 13 Page 68, Slide 220 of the Pender
County Registry.
(h) "Residential lots" or "lots" means those portions of the property specifically allocated, platted and/or recorded, or to be platted and recorded as lots for sale and/or used as single family residences.
(i) "Restrictions" shall mean the restrictions and covenants set forth in this Declaration of Restrictive Covenants, or as said restrictions may be amended from time to time.
(j)
"Association" shall mean Olde Point Property Owner's Association,
Inc., a
(k)
"Architectural Control Committee" shall mean the committee established
by these covenants to review all building plans, plot plans, site improvements
plans, and to approve or disapprove the same in accordance with the restrictions
herein set forth and to perform such duties as may be delegated or authorized
herein. The Architectural Control Committee (ACC) is a committee of the Olde
Point
Property
Owner's Association, Inc. (Association), and as such operates under the
direction and control of the Board of Directors of the Association. Said
Committee shall be composed of six (6) members, three (3) of whom the Board of
Directors of the Association may designate, and three (3) of which shall be
elected
by a majority of the members. Members will be elected or designated for terms of
up to three (3) years. The Association will provide monetary and administrative
support to the Committee as the Board of Directors of the Association shall
determine to be prudent within the purposes and resources of the Association. In
the event a decision by the Architectural Control Committee is split and decided
by not more than a single vote majority, then the decision may be appealed
within thirty (30) days to the Board of Directors of the Association which will
then succeed to the powers and authorities of the Architectural Control
Committee for the specific matter appealed.
2.
APPLICABILITY
These
restrictions shall apply to all residential lots in Phase I or in Phase II to
the Property sold after March 12, 1975.
3.
RESERVATIONS
It
is acknowledged that Olde Point Development, Inc. has reserved unto itself, its
successors and assigns, a perpetual, alienable and releaseable easement and
right, on, over, and under the ground to erect, maintain and use electric and
telephone poles, wires, cables, conduits, sewers, water mains and other suitable
equipment for the purpose of providing electricity, telephones, gas, sewer,
water or other public conveniences or utilities to the lot owners. Such rights
may be exercised by any licensee of the corporation, but this reservation shall
not be considered an obligation of the corporation to provide or maintain any
such utility or service.
4.
BUILDING AND SITE IMPROVEMENTS
(a)
No building, fence, wall, bulkheading, dock or other structure shall be erected,
placed or altered on any residential lot, nor shall the grade or elevation or
physical characteristics of any lot, or portion thereof, be altered in any way
whatsoever, until the proposed building plans, specifications, exterior colors
and finishes, site, and grading plans (showing the proposed location of such
building or structure, drives, parking areas and proposed alterations to the
grade, elevation or physical characteristics of the site) and the construction
schedule have been approved in writing by the Architectural Control Committee.
Refusal of approval of any such plans, locations or specification may e based by
the Architectural Control Committee upon any ground, including types of
construction or design which are inconsistent with the neighboring homes, and/or
purely aesthetic and environmental considerations, that in the sole discretion
of the Architectural Control Committee shall seem sufficient. Without prior
written consent of the Architectural Control Committee, no changes or deviations
in or from such plans or specifications as approved shall be made. No
alterations in the exterior appearance of any building, fence or structure, or
changes in the grade, elevation or physical characteristics of any lot shall be
made without like approval by the Architectural Control Committee. One (1) copy
of all plans and related data shall be furnished the Architectural Control
Committee for its records. The Architectural Control Committee shall not be
responsible for any structural or other defects in plans and specifications
submitted to it or in any structure erected according to such plans and
specifications. The Architectural Control Committee may require additional data
from any lot owner seeking its approval on adjacent and related lots and related
matters such as water well engineering and specifications, and may include in
its approvals reasonable terms and conditions to apply to groups of lots such as
water well standards and surface water effluent requirements, and to apply to
construction site sanitary maintenance and clean up.
(b)
Owners shall maintain their lots free of natural or unnatural refuse or
unsightly objects such as dead trees.
(c)
Burning on lots that are being cleared and/or prepared for building, or burning
during construction, is not allowed.
5.
APPROVAL OF PLANS
(a)
No house plan will be approved unless the proposed house, if one story, shall
have a minimum of 1,800 square feet of enclosed dwelling area, or if two
stories, shall have a minimum of 2,250 square feet of enclosed dwelling area, of
which a minimum of 1,500 square feet shall be the first story, unless
specifically exempted by the Architectural Control Committee. The term
"enclosed dwelling area" as used in the minimum requirements shall be
the total enclosed area within a dwelling; provided, however, that such term
does not include garages, finished room/s over garages, terraces, decks, open
porches, and like areas; provided further, that shed type porches, even though
attached to the house are specifically excluded from the definition of the
aforesaid term "enclosed dwelling area."
(b)
No building shall be built within 15 feet of the boundary of an adjacent lot.
Since the establishment of inflexible building setback lines for location of
houses on lots tends to force construction of houses directly to the side of
other homes with detrimental effects on privacy, view, preservation of important
trees and other vegetation, ecological and related considerations, no specific
setback lines are established by these Restrictions. In order to assure,
however, that the foregoing considerations are given maximum effect, the site
and location of any house or dwelling or other building upon any lot shall be
controlled by and must be approved absolutely by the Architectural Control
Committee. The Architectural Control Committee shall have the authority to issue
approval of plans so long as such variation is no more than ten percent (10%)
(1.5 ft.) of the setbacks as set forth in these restrictions.
(c)
The exterior of all houses and other structures must be completed within twelve
(12) months after the construction of same shall have commenced, except where
such completion is impossible or would result in great hardship to the owner or
builder due to strikes, fires, national emergency, or natural calamities. Any
application or interpretation of this provision shall be the sole responsibility
of the Architectural Control Committee.
(d)
No structure, except as hereinafter provided, shall be erected, altered, placed
or permitted to remain on any lot other than a single family dwelling not to
exceed two (2) stories in height, unless the Architectural Control Committee
approves, in writing a structure of more than two (2) stories pursuant to
Paragraphs 4(a) and 5(a) hereof, and one (1) or more small accessory buildings
(which may include a detached private garage, servants quarters or guest
facilities) provided the use of such dwelling or accessory building does not in
the opinion of the Architectural Control Committee overcrowd the site, and
provided further that such buildings are not used for any activity normally
conducted as a business. Such accessory building may not be constructed prior to
the construction of the main building.
(e)
All service utilities, fuel tanks, clothes lines, trash, and garbage containers
are to be enclosed within a fence, wall or plant screen of a type and size
approved by the Architectural Control Committee, so as to preclude the same from
causing an unsightly view from the highway, street, or way within the
subdivision, or from any other residence within the subdivision.
(f)
Garage or carport parking for not less than two (2) passenger automobiles must
be provided on each lot prior to the occupancy of any dwelling constructed on
said lot, which parking areas and the driveways thereto shall be constructed of
concrete, brick, asphalt, or crushed stone.
6.
RESIDENTIAL USE
(a)
All lots shall be used for residential purposes exclusively. No business
employing persons, other than the lot owner, and no manufacturing or processing
business may be conducted in any house, structure, or on a lot in Phase I or
Phase II of Olde Point.
(b) No trailer, tent or other structure of a temporary character shall be placed upon any lot at any time, provided, however, that this prohibition shall not apply to shelters used by the contractor during the construction of the main dwelling house, it being clearly understood that these latter temporary shelters may not at any time be used as residences, or be permitted to remain on the lot after the completion of the construction.
(c)
Boats and boat/utility trailers may be parked on an owner's lot so as to be
unobtrusive from the road, such as behind or beside the dwelling or other main
structure. Boats and trailers may not be parked curbside.
(d)
Mobile homes may not be parked or located at any place within the subdivision.
(e)
Recreation Vehicles or Travel Trailers may not be parked on any lot or at
curbside, except for brief periods for routine loading/unloading/cleaning and
except for instances of short visits by bona fide guests, without approval in
advance by the ACC.
(b)
No shrub or hedge planting, which obstructs the sight line view of approaching
vehicles, shall be permitted on any corner lot. Foliage must be maintained at a
level sufficient to prevent obstruction of view of approaching traffic.
(c)
No noxious or offensive trade shall be carried on upon any lot, nor shall
anything be done thereon to cause embarrassment, discomfort, annoyance, or
nuisance to the neighborhood. There shall not be maintained any plants or
animals, nor device or thing of any sort whose normal activities or existence is
in any way noxious, dangerous, unsightly or unpleasant so as to diminish or
destroy the enjoyment of other property in the neighborhood by the owners
thereof.
8.
VIOLATIONS
9.
HOUSEHOLD PETS
No
horses, cattle, swine, or other livestock, or poultry, or animals of any kind
shall be raised, boarded or kept on any lot, except that dogs, cats, or other
household pets may be kept provided that they are not kept, boarded or
maintained for any commercial purpose. Owners of household pets shall control
them at all times either to within the boundaries of the owner's property, or by
leash or similar physical restraint when off the owner's property. All owners or
guardians of pets are requested to avoid walking their pet on property where
there is a residence. If any pet leaves litter on any residential property in
Olde Point other than the pet owners property, the said pet owners are required
to clean up the litter. Pens for household pets shall not be obtrusive from the
road.
10.
SIGNS, ANTENNAS, AND APPURTENANCES
(a)
No sign or billboard of any description shall be displayed on any lot, other
than private name plates or signs for identification of the residents, of not
more than two (2) square feet, and signs advertising the property "FOR
RENT" or "FOR SALE" of not more than five (5) square feet, and as
the Architectural Control Committee may have approved. The "FOR RENT"
or "FOR SALE" signs should be placed parallel to the road and at least
fifteen (15) back from the edge of the road.
(b)
No satellite dish or TV or radio antenna shall be located on any lot or external
to any structure on any lot, except that an 18" digital satellite dish may
be installed if it is mounted on the house in an unobtrusive manner. Specific
approval of the Architectural Control Committee is required for any other
mounting of 18" dishes.
(d)
No separate newspaper boxes are permitted. Newspaper boxes should be combined
with mail boxes on one post.
11.
SUBDIVIDING
No
lot shall be subdivided, or its boundary lines changed except with the prior
consent of the Association.
12.
ENFORCEMENT
In
the event of a violation or breach of any of these restrictions by any lot
owner, or agent of such owner, the Association, its successors or assigns, or
the owner of any lot in Phase I or Phase II, or any of them jointly or
severally, shall have the right to proceed at law or equity to compel a
compliance with the terms hereof, or to prevent the violation or breach. In
addition to the foregoing, the Association, its successors or assigns shall have
the right, whenever there shall have been built on any lot any structure which
is in violation of these restrictions, to enter upon such property where such
violation exists, and summarily abate or remove the same, at the expense of the
owner, if after thirty (30) days written notice of such violation, which shall
not have been corrected by the owner. Any such entry and abatement or removal
shall not be deemed a trespass. The failure to enforce any right, reservation,
restriction, or condition herein contained, however long continued, shall not be
deemed a waiver of the right to do so thereafter as to the same breach, or as to
a breach occurring prior or subsequent thereto, and shall not bar or effect its
enforcement.
NO
FIREARMS MAY BE DISCHARGED WITHIN THE SUBDIVISION.
(a)
Each and every lot owner is hereby granted an easement to pass over, use and
enjoy open spaces now or subsequently designated on recorded plats as community
open space, and all roads, bridges, and rights-of-way, provided, however, that
the Association, its successors or assigns, shall retain the right to establish
rules or regulations for the use and enjoyment of all such property; and
provided further that all such rules and regulations shall be subject to the approval
of the Architectural Control Committee.
(b)
The Developer has reserved the right to erect and maintain utilities, drainways
and other public conveniences in common lands, including the right to cut any
trees, bushes or shrubbery, make any grading in the soil, build buildings or
take any similar action reasonable and necessary or desirable to provide
economical and safe installation of service. Such rights may be exercised by a
licensee of the Developer.
(c)
The Developer has reserved to itself, its successors and assigns, the right to
construct, lease, operate and manage any club, marina, or other like facility
with associated amenities, upon any of the property not designated as a
residential lot for the mutual enjoyment of the owners and to establish
reasonable fees, rules and regulations for the use thereof.
15.
ABSENCE OF DEDICATION TO PUBLIC USE
Nothing
in these restriction, nor in the recording of any plat or deed pursuant hereto,
shall dedicate (or be deemed to dedicate) to public use any of the streets,
bridges, common land or other grounds within Olde Point Development.
16.
INVALIDATION
The
invalidation by any court, agency or legislation of any provision in these
restrictions shall in no way effect any of the other provisions of these
restrictions, but the same shall remain in full force and effect.
17.
COVENANTS RUN WITH THE LAND
(a)
All covenants, restrictions and affirmative obligations set forth in these
restrictions shall run with the land and shall be binding on all purchasers of
lots in said subdivision, their successors and assigns, until January 1, 2010,
after which time all said covenants shall automatically be extended for
successive periods of ten (10) years, unless an instrument signed by a majority
of the then owners of lots has been recorded, agreeing to change, amend or
revoke said covenants in whole or in part.
(b)
The Restrictions executed March 12, 1975 shall remain in full force and effect
except that the changes, amendments, and revocations set forth in the one or
more instruments appended hereto (amendments) signed by or on behalf of a
majority of owners of lots as of January 1, 2000, and recorded, agreeing to
change, amend, or revoke such Restrictions in whole or in part as specified in
those instruments shall become effective as of January 1, 2000. Further, after
January 1, 2000 these Restrictions may be amended by affirmative vote of the
Association at its duly noticed and called meetings whether annual, special, or
otherwise, and that said amendments as approved by said Association shall have
full force and effect as if approved by a majority of the lot owners. After
January 1, 2000, these restrictions may be restated for the convenience of
owners of lots to incorporate changes, amendments, or revocations made as of
January 1, 2000, as a single document provided such single document is duly
recorded.
In
Witness Whereof, Olde Point Property Owners Association, Inc. as authorized and
directed by a majority of the owners of lots in Olde Point Development which are
subject to these Restrictions, and attesting that said majority of owners of
lots did sign instruments agreeing to change, amend, or revoke the Restrictions
executed March 12, 1975, in whole or in part, as set forth herein above and as
restated above, has caused this instrument to be executed by its proper
corporate officers this 8th day of November 1999.
Johanna
M Timberlake (signed)
Walter W. Rich (signed)
Secretary President
STATE
OF
This
8th day of November 1999, personally appeared before me, Walter W. Rich, who
being by me duly sworn, says that he is President, Olde Point Owners
Association., Inc. and that the seal affixed to the foregoing instrument in
writing is the corporate seal of the Association, and that the said writing was
signed and sealed by him, in behalf of said Association, by its authority duly
given. And said Johanna M Timberlake acknowledged the said writing to be the act
and deed of said Association.
Tammy Toukatly (signed)
Notary
Public
My
Commission Expires:
October 8, 2003