PART ONE - DEFINITIONS
HIDEAWAY
Developer
Association
Owner
Trustees
Lot
Applicability
Reservations
Building
Site Improvements
Approval
of plans
Residential
use
Water
supply and sewage disposal
Maintenance
Nuisances
Signs
Subdividing
Filling
of lots
Docks,
etc
Use
of lot as street
Repairs
Culverts
Easements
Covenants
run with the land
Violations
Invalidation
Modifications
PART
THREE -
Establishment
Recreation
area
Ownership
of recreation area
Easements
of enjoyment
Membership
and voting rights
Meetings
of membership
Officers
Board
of directors
Trustees
Removal
of officers, directors and trustees
Dues
and assessments
PART
FOUR - DEDICATION TO PUBLIC
STATE
OF
DECLARATION,
AGREEMENT AND ASSOCIATION
SECTION ONE OF
The undersigned being all of the
owners of that tract of land shown on map entitled "Section
1.
"Developer" shall mean and refer to Glen-
3.
"Owner" shall mean and refer to the owner of record of any
4. "Trustees" shall mean and refer to the three (or more) trustees in whom title to any recreation areas are vested for the use and benefit of the "Association".
5. "
Tract "A" in Block A and the areas designated as "Park" as the same are shown on a map above referred to are expressly excepted from the operation of this Section as both areas are planned as recreation areas.
The Developer reserves the right
absolutely to change/ alter or redesignate the allocated, planned, platted, or
recorded use, area, or designation of any of the Lots or property shown on the
map of Section One of Hideaway Shores (so long as the Developer retains title to
the property involved), including, but not limited to, the right to change,
alter or redesignate lands for condominiums, multi family or single family
residential use, to change, alter or redesignate roads, utility and drainage
facilities and to change, alter or redesignate such other present and proposed
Lot lines and facilities as may, in the sole judgment of the developer, be
necessary or desirable.
3.
BUILDING AND SITE IMPROVEMENTS.
No building, fence, wall,
bulkheading 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 plan (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 construction schedule shall have
been approved in writing by the Developer.
Refusal of approval of any such
plans, locations or specifications may be based by the Developer upon any
ground, including purely aesthetic and environmental considerations, that in the
sole and uncontrolled discretion of the Developer shall seem sufficient.
Without the prior written consent of the Developer, 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 or structure,
or in the grade, elevation or physical characteristics of any
(a) No
house plans will be approved unless the proposed house will have the minimum
required square footage of Enclosed Dwelling Area established by the Developer
for the
(b) Since the establishment of standard building set back lines for all lots in a subdivision for location of houses on lots tends to be too inflexible and can have a detrimental effect on privacy, preservation of trees and other vegetation and ecological and other related consideration, no specific setback lines are established by these restrictions, but in order to assure that the foregoing considerations are given maximum effect, the Developer reserves the right to control and approve absolutely the site and location of any house or dwelling or other structure upon any Lot.
(d) Each Lot Owner shall provide receptacles for garbage and trash in a screened area not generally visible from the road giving access to the premises, or provide underground trash and garbage receptacles or similar facilities in accordance with reasonable standards established by the Developer. All fuel tanks, clothes lines and wood piles are to be enclosed within a fence, wall or plant screen so that the same shall not be visible from any street or other residence in the Subdivision.
(e)
Each Lot Owner shall provide space for parking two automobiles off the
street prior to the occupancy of any dwelling constructed on said
(f)
No structure, except as hereinafter provided, shall be erected, altered,
placed or permitted to remain on any Lot other than a detached single family
dwelling, not to exceed two stories in height, unless the Developer approves in
writing a structure more than two stories, and one or more small accessory
building (which may include a detached private garage, cabana, servants quarters or
guest facilities) provided the use of such dwelling or accessory buildings does
not in the opinion of the Developer over crowd 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.
(a) All Lots shall be used for residential purposes exclusively.
(b) No trailer/ mobile home, 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 or builder during the construction of the main dwelling house, it being clearly understood that any such temporary shelter may not, at any time, be used as residences or permitted to remain on the lot after the completion of construction.
(c) No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within the main dwelling house, within a permitted accessory building, within a screened area, or buried underground; provided, however, that nothing contained herein shall prevent the Developer from erecting, placing or permitting the placing of tanks or other apparatus on the property for uses related to the provision of water supply and sewage disposal and the furnishing of other utilities to the subdivision and adjoining lands.
(d) A
guest suite or like facility may included as a part of the main dwelling or
accessory building, but such suite may not be rented or leased except as part of
the entire premises including the main dwelling and provided, however, that such
guest suite would not result in over crowding the site.
6.
WATER SUPPLY AND SEWAGE DISPOSAL.
(a) Until such time as a community water supply system is established, water for human consumption and use within the living area of any buildings on any Lot may be obtained from a well and wells, pump and storage facilities on the individual Lot, but at such time as a community water supply system is established all water for human consumption and use within the buildings on any Lot, shall be obtained only from the community water supply system and the Owners of any Lot shall within 60 days after being notified by the utility company that the water is available at the Lot pay the established charge for making connection with the water supply system and shall thereafter use on said Lot only water furnished by the community water supply system for human consumption and use within any buildings on said Lot, however, with the written consent of the utility company and the Developer, wells may be maintained on any Lots for outside sprinkler systems and yard and garden use.
(b)
If at the time a dwelling is constructed on any Lot, a community sewage
disposal system has not yet been established, then prior to the occupancy of a
residence on such lot, proper and suitable provision shall be made for the
disposal of sewage by means of a septic tank or other method approved by the
Developer and the appropriate State and County health authorities.
If at the time of the construction of a dwelling on any Lot there has
been established a community sewage disposal system, then prior to the occupancy
of any residence on such Lot, connection for sewage disposal purposes shall be
made with the community sewage disposal system and the established connection
charges paid to such community sewage disposal system or company.
Upon the establishment of a community sewage disposal system, and when
connection with the system becomes available at each Lot, Owners of all Lots
using septic tanks shall be notified by the community sewage disposal system
company and the Owners of such
It shall be the responsibility of
each Lot Owner to prevent the development of any unclean, unsightly or unkempt
conditions of buildings or grounds on such
No noxious or offensive activity
shall be carried on upon any
No inoperative motor vehicles can be parked or maintained on any of the streets or roads in the subdivision or on any Lot in such a location as to be visible from the street or from any adjoining Lots and any such automobiles found on any street or Lots in violation of this provision, may be removed by the Developer at the Lot Owner's expense.
Without the prior written permission of the Developer, no sign of any character shall be displayed on any Lot except for a property identification sign, not exceeding a combined total of more than two (2) square feet and a "For Sale" or "For Rent" sign not to exceed six (6) square feet in size; but nothing herein shall be construed to prevent the Developer from erecting, placing or maintaining such signs as may be deemed necessary by it for the carrying out of its business in the development of the subdivision.
With the exception of any Lots
owned by the Developer, no
No
No private (or public) docks, piers, moorings, boathouses, lifts, floating docks or similar structures or facilities may be erected on, placed on, maintained or connected with any lot, unless the same is either specifically authorized in the deed to said Lot or by a separate instrument recorded in the Pender County Registry.
No lot may be used as a street,
road, lane, way or easement over which access may be obtained to adjacent
properties (whether within or without Hideaway Shores Subdivision) without the
specific written consent of the developer.
All buildings, structures and
their appurtenances shall be maintained in a reasonable state of repair.
In the event of damage to a building or other structure by fire or other
casualty, the exterior of the building or structure must be repaired within six
months or the building or structure demolished and the premises cleared of
debris within six months of the date the damage occurred.
No culvert or pipe shall be
placed in any street or road, ditch or drain unless it meets the standards
required by the North Carolina State Highway Commission for similar culverts or
pipes in roads being maintained by the State Highway Commission at the time of
such installation.
The Developer reserves unto itself a perpetual, alienable and releasable easement and right of way on, over, under, through and upon the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone poles, wires, cables, conduits, sewers, water mains and pipes and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewage, water or other community utilities or conveniences in and over the real, ten feet of each Lot and ten feet along one side line of each Lot and such other areas as may be shown on the recorded map of the Subdivision, together with the right to cut drain-ways for surface water whenever action may appear to the Developer to be necessary in order to maintain reasonable standards of health, safety and appearance. These easements and rights of way expressly include the right to cut any trees, bushes or shrubbery, make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. The Developer further reserves the right to locate wells, pumping stations, tanks and any other similar fixtures or facilities reasonably necessary for use in connection with a community water or sewage disposal system on any street or road or on any Lot owned by the Developer, or upon any Lot not owned by the Developer with the expressed written permission by the Owner of such Lot. Such rights may be exercised by any assignee or licensee of the Developer or any corporation, association, or individual holding a franchise from the State Utilities Commission for the operation of a water supply or sewage disposal system in the Subdivision.
17.
COVENANTS RUN WITH THE LAND.
All covenants, restrictions and affirmative obligations set forth in these restrictions shall run with the land and shall be binding on all parties and persons claiming unto them for a period of ten (10) years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then Owners of Lots substantially affected by such changes in covenants, has been recorded, agreeing to change said covenants in whole or in part.
In the event of a violation or
breach of any of these restrictions by any Lot Owner or any other person, the
Developer or the Owners of any other property in Section One of Hideaway Shores
Subdivision, or any of them jointly or severally, shall have the right to
proceed at law or in equity to compel a compliance to the terms hereof or to
prevent the violation or breach of these restrictions and/or to recover
damages as compensation for a breach or violation of these restrictions.
In. addition to the foregoing, the Developer shall have the right,
whenever there is a violation of these restrictions, to enter upon the property
where such violation exists and summarily abate or remove the same at the
expense of the Owners of the Lot, if after thirty (30) days written notice of
such violation made to the Owners of such Lot, the violation has not been
corrected. Any such entry and
abatement or removal shall not be deemed a trespass.
Any failure to enforce any right, reservations, or conditions contained
in these restrictions, however, long continued, shall not be deemed a waiver of
the right to do so hereafter as to the same breach, or as to a breach occurring
prior or subsequent thereto, and shall not bar or affect its enforcement..
The invalidation by any court, agency or legislation of any provision of these restrictions shall in no way affect any of the other provisions of these restrictions but they shall remain in full force and effect.
The Developer specifically reserves the right to amend or change any part or all of the restrictions, covenants and conditions contained herein by the filing in the Office of the Register of Deeds of Pender County a Declaration of amended restrictive covenants, which such amendments, modifications or conditions shall be made applicable to the conveyance of Lots made subsequent to the recording of such Declaration of amended restrictions.
PART
THREE -
By the recording of this
instrument, there is established an unincorporated, voluntary, non-profit,
membership association known as "HIDEAWAY
The initial recreation area shall be Tract "A" in Block A of Section One of Hideaway Shores Subdivision as shown on map recorded in Map Book 12 at Page 45 in the Pender County Registry. Other areas and facilities may be added by the Developer or by the Association in the manner hereinafter set out. The initial area is for the purpose of the construction and maintenance of a private boat dock and boat landing facility for use of the members of the Association.
3.
OWNERSHIP OF RECREATION AREA.
(a)
Title to the recreation area and other areas or facilities subsequently
acquired by the Association shall be held in trust for the Association by three
Trustees.
(b) The three original Trustees shall be named by the Developer to serve until the first annual meeting of the Association following their appointment, at which meeting Trustees will be elected by the membership for the next year.
(c) Title to Tract "A" in Block A of Section One of Hideaway Shores Subdivision above referred to, will be conveyed to the Trustees for the Association as soon as 100 Lots in Section One have been sold. This Tract will be conveyed to the Association for no charge, together with all of the facilities on said tract at the time of the conveyance.
Every member of the Association shall have a right and easement to enjoyment in and to the recreation area and any subsequently acquired recreation areas or facilities 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 dues and assessments to construct and maintain a boat dock or boat landing facility and any other recreation facilities on the recreation area or areas.
(b) The right of the Association to suspend the boating rights and right to use of recreation area by any member for any period during which any dues or assessments against such member are overdue and unpaid, and for a period of not to exceed 60 days for any infraction of rules and regulations established by the Association to control the use of the recreation area.
(c) The use of the recreation area and facilities shall be subject to the joint rights of all other members to use the area, all pursuant to rules and regulations established by the Association from time to time.
(d)
This right of use shall extend to the members, relatives of members who
reside with and in the home of members, tenants of the member's Lots in the
Subdivision so long as the tenancy exists, and contract purchasers of
a Lot in the Subdivision, who reside on the Lot; but the right to use
shall extend to only one family of members, tenants or contract purchasers at
any one time and in no event shall exceed eight persons for any one Lot.
5.
MEMBERSHIP AND VOTING RIGHTS.
(a)
The Owner, as such term is defined in this Declaration, of each
(c) Persons or entities which hold an interest in a lot merely as security for the performance of an obligation, shall not be members.
(d)
The Owner (as such term is defined in this Declaration) of each Lot,
condominium unit, or tenant in any rental apartment in the Subdivision shall
have one vote at all meetings of the membership of the Association for such
(e)
Members may vote either in person or by proxy, but if by proxy, the same
must be in writing and delivered to the Secretary of the Association prior to,
or at the start of, the meeting at which the proxy is to be exercised.
Every proxy shall be revocable and shall automatically cease upon the
conveyance by the member of his interest in any
(a)
The first meeting of the members of the Association shall be held between
January 1st and 15th of the year 1975 in New Hanover County, North Carolina,
with the specific date, time and place to be determined by the President of the
Association.
(b) Annual meetings of the members shall be held each year thereafter between January 1st and 15th in New Hanover County, North Carolina, with the specific date, time and place to be determined by the President of the Association unless the Board of Directors or a meeting of the membership has already specified to the exact date, time and place.
(c) The presence at a meeting of a member of members entitled to cast, either in person or by proxy, of twenty votes shall constitute a quorum for the transaction of all business except such as may otherwise expressly be provided for in this instrument.
(d) Special meeting of the membership may be called at any time, either by the President, the Board of Directors, or five members.
(e)
All meetings shall be in
(f) Seven days written notice must be given all members of the annual or a special meeting of the membership, but this requirement may be waived. .
(a) The Association shall have three officers, a President, a Vice-President and a Secretary-Treasurer. The officers shall be appointed by the Developer to serve until the first meeting of the membership or until their successors are elected and take office. At the first meeting of the membership and at every annual meeting thereafter, the officers of the Association shall be elected to serve for a term of one year or until their successors have been elected and taken office.
(b) The President shall act for the Association, but shall not have the authority to obligate the credit of the Association, or the members thereof, without authorization of either the Board of Directors or the membership.
(c) All checks written on any bank account of the Association shall be signed both by the Secretary-Treasurer and by either the President or Vice-President.
(a) Until the first meeting of the membership, or until their successors have qualified and taken office, the Board of Directors shall consist of the three officers of the Association. After the first meeting of the Association, the number of directors shall be five, three of whom shall be the officers of the Association and the other two of whom shall be elected annually for a term of one year by the membership at the annual meeting of the membership of the Association.
(b) Routine business of the Association shall be conducted by the Board of Directors and said board shall, subject to the authority of a meeting of the membership to change the same, establish rules and regulations for the use and operation of the recreation area and facilities.
(c)
Meetings of the Directors shall be held at such times and in such places
as the directors shall determine from time to time.
(a) There shall be three Trustees for the Association in whom shall be vested legal title in any and all land constituting the recreation area or areas, and said Trustees shall hold title to such land for the benefit of the Association and at the directions of the Board of Directors of the Association.
(b) The Trustees shall be the three officers of the Association who shall initially be appointed by the Developer and thereafter elected by the membership of the Association as hereinabove provided for.
10.
REMOVAL OF OFFICERS, DIRECTORS AND TRUSTEES.
Any one or more of the officers, directors or trustees may be removed at any time, without specifying any cause, by a majority vote of the membership at any properly called annual or special meeting of the membership. Upon the removal of any officer/ director or trustee, the membership shall elect a replacement to fill the unexpired term
(a)
Each Owner of a Lot or condominium unit in the Subdivision, by acceptance
of deed to the same, which shall be conclusively
evidenced by the recording of the same in the office of the Register of Deeds of
Pender County, whether or not it shall be so expressed in such deed, covenants
and agrees to pay to the Association such annual dues and special assessments
for capital improvements as shall be established from time to time by the
membership of the Association. Such
annual dues and special assessments together with interest, costs, and
reasonable attorney fees, shall be a charge on said
(b) The dues and any assessments shall be used exclusively to promote the recreation, health, safety and welfare of the members of the Association and for improvements, maintenance and acquisition of recreation areas and construction, acquisition and maintenance of any facilities on said recreation areas.
(c)
The lien of the annual dues and any special assessments provided for
herein shall be subordinate to the lien of any first mortgage, against any
(d)
No sale or transfer of any Lot or condominium unit shall affect the lien
for unpaid dues or special assessments against said
(e) Annual dues shall be payable annually in advance, and shall be due and payable on the 1st day of January of each year, however, the Board of Directors may elect to collect dues in monthly installments.
(f) A
pro rata portion of the dues levied for t e year of purchase shall be collected
by the Developer from the purchaser of each Lot or condominium unit at the time
the sale of said
(g) Until the
same may be changed in the manner hereinafter provided for, the amount of the
annual dues of the Association shall be the sum of $ 50.00 per year, per
(h)
Dues and special assessments must be fixed at a uniform rate for all Lots
and condominium units. The
obligation to pay annual dues shall commence as to all members purchasing Lots
or condominium units on the date deed of the
(i) In addition to the annual dues, the Association may levy a special assessment or assessments for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any improvements or fixtures upon the recreation area or areas, for acquiring additional lands for the recreational area or areas, and for any other related purpose, PROVIDED, HOWEVER, that any such special assessment or assessments must have the assent of a two-thirds vote of the membership of the Association at a meeting duly called for this purpose and for which the notice of the meeting clearly states that a vote is to be held on whether to levy such special assessments.
(j) Any annual dues or special assessments not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eight (8%) percent per annum.
PART
FOUR - DEDICATION TO PUBLIC.
Nothing in this Declaration, nor
in the recording of any plat or deed pursuant hereto, shall dedicate (or be
deemed to dedicate) to public use any of the recreation area or areas or
facilities or common areas that may be shown on any recorded map or other
recorded instrument all of which said areas and facilities are reserved for the
private use of the Owners and occupants of the Subdivision as herein provided.
The Developer specifically reserves the right to amend or change any part or all of this Declaration by the filing in the office of the Register of Deeds of Pender County a Declaration of Amendment, which such amendments, modifications or additions shall be made applicable to the conveyance of Lots made subsequent to the recording of such Declaration of Amendment, Nothing herein shall bind the Developer to build and construct a Community water and sewage disposal plant. The Developer reserves the right to amend or change any part or all of this Declaration with reference to water and sewage plants.
IN WITNESS WHEREOF, GLEN-DEL
DEVELOPERS OF WILMINGTON, INC., has caused this instrument to be executed in its
corporate name by its President, attested by its Secretary and its corporate
seal hereto affixed, this the 10?th day of December 1973, all by authority
granted by the Board of Directors of said Corporation.
GLEN-DEL DEVELOPERS OF
WILMINGTON, INC.