SECTION ONE
HIDEAWAY
Section One
HSHA
Architectural
Review Committee
Owner
Lot
Applicability
Reservations
Building and Site Improvement
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 - HIDEAWAY SHORES HOMEOWNERS ASSOCIATION
Establishment
Recreation Area
Ownership of Recreation Area
Easements of Enjoyment
Membership and Voting Rights
Meetings of Membership
Board of Directors
Removal of Directors
Dues and Assessments
PART FOUR - DEDICATION TO PUBLIC
MODIFICATIONS
SECTION
ONE OF HIDEAWAY
The
undersigned being all of the owners of that tract of land shown on the map
entitled "Section One Hideaway Shores" prepared by John A. Benson,
Jr., R.L.S., dated August 1973, which is recorded in Map Book 12 at Page 45 in
the Pender County Registry, in order to promote a uniform and harmonious
development of said lands as a desirable residential community, and so as to
provide for the joint use and maintenance of a private access area to the waters
of Topsail Sound, do hereby covenant and agree to and with each other and with
all persons, firms, or corporations now owning or hereafter acquiring any
portion of said Section One of Hideaway Shores Subdivision, that the use of all
of the said land is hereby made subject to the following restrictions,
covenants, conditions and agreement of association, which shall be appurtenant
to the ownership of any portion of said Section One and be binding upon each
portion of said tract of land and whomsoever owns the same to wit:
PART ONE
1.
Section One of Hideaway Shores as shown on a map of the same recorded in Map
Book 12 at Page 45 in the Pender County Registry; thence, from the Point of
Beginning, South 9 degrees 27 minutes West 200 feet to a point; thence North 80
degrees 33 minutes West 123.00 feet to a point; thence North 16 degrees 00
minutes East 205.67 feet to a point in the southern right-of-way line of Sand
Dollar Lane extended, which will be shown on the recorded map of Section 2,
Hideaway Shores; thence to the Point of Beginning being South 77 degrees 11
minutes 45 seconds East a chord distance of 74 feet and South 80 degrees 33
minutes East 25.67 feet from the preceding point. This is the same tract as
Subject
to easements and rights-of-way of record, 1976 ad valorem taxes and the
restrictions more specifically set out in this Deed. This property is subject
to, in addition to the hereinafter enumerated restrictions, the covenants,
conditions and Agreement of Association contained in Sections 1,3, and 4 of that
certain Agreement of Association recorded in Book 459 at Page 78 in the Pender
County Registry.
Subject
also to a drainage easement 10 feet wide running adjacent to the southern
property line of the hereinabove described property.
2.
HSHA shall mean and refer to Hideaway Shores Homeowners Association, an
unincorporated, non-profit association established for the promotion of a
uniform and harmonious development of said lands as a desirable residential
community, and for the construction, maintenance and regulation of recreational
and boating facilities for the residents of
President
Vice-President
Treasurer
Secretary
Member-At-Large
Officers
shall be elected at HSHA annual meeting, for a period of 1 (one) year.
3.
Architectural Review Committee shall mean and refer to a three person
committee, appointed annually by the HSHA Board. The committee shall review all
proposed site improvement and building plans. The committee shall present
recommendations for/against approval to the HSHA Board for action.
4.
Owner shall mean and refer to the owner of record of any Lot or Lots in
Section One of Hideaway Shores Subdivision as said Lots are shown on the
recorded map herein referred to, but excluding those holding an interest in any
5.
PART TWO
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.
2.
Reservations
HSHA
reserves the right absolutely to change, alter or redesignate the allocated,
planned, platted, or recorded use, area, or designation of any of the Lots,
(common areas) shown on the map of Section One of Hideaway Shores as may, in the
judgment of the majority of owners in HSHA, shall be necessary or desirable.
3.
Building and Site Improvement
No
building, fence, wall, bulkhead 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 reviewed by HSHA Architectural Committee and approved in writing
by HSHA Board.
Refusal
of approval of any such plans, locations or specifications may. be based by the
HSHA Board upon any ground, including purely aesthetic and environmental
considerations, that in the sole and uncontrolled discretion of HSHA Board shall
seem sufficient. Without the prior written consent of HSHA Board, 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
4.
Approval of plans
(a) No house plans will be approved unless the proposed house will have the
minimum required square footage of Enclosed Dwelling Area established by HSHA
for the
(b). Since the establishment of standard building set back applies 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 frees 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, HSHA Board, reserves the
right to control and approve absolutely the site and location of any house or
dwelling or other structure upon any Lot.
(c).
The exterior of all houses and other structures must be completed within twelve
(12) months after the construction is commenced, except under such circumstances
where such completion is impossible or would result in great hardship to the
Owner or builder, due to strikes, fires, natural emergency or natural
calamities.
(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 HSHA. 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 Lot in accordance
with reasonable standards established by HSHA.
(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,
constructed on site, not to exceed two stories in height, unless HSHA Board
approves in writing a structure of 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 building does not in the opinion of HSHA Board 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.
(g).
All proposed construction must meet the current architectural review committee
criteria. Contact a current member of HSHA Board for a current copy of said
criteria.
(h).
All Structures shall meet or exceed all current Local Building Codes for
convention site built homes.
(i).
Lot Owner shall be required to reimburse HSHA for cost incurred by HSHA to
repair any roads, or any property held in common by HSHA or any easement, when
said property is damaged in any way during building and site improvement or by
vehicles of any kind.
5.
Residential Use
(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 residence 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 Board 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 be included as a part of the main dwelling or
accessory building, but such a 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 HSHA, 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 HSHA
and the appropriate State and County health authorities. If at any 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 Lot shall
have 60 days after such notice in which to pay the established connection charge
and make connection with the community sewage disposal system and thereafter no
septic tanks, grease traps or other similar facilities shall be used on any lots
for sewage disposal.
7.
Maintenance
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
8.
Nuisances
No noxious or offensive activity shall be carried on upon any
9.
Signs
Without the prior written permission of HSHA, 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 HSHA from erecting, placing or maintaining
such signs as may be deemed necessary for the public knowledge and safety of
HSHA Members.
10.
Subdividing
With exception of Lots owned by HSHA, no lot shall be subdivided, or its
boundary lines changed without prior review by the Architectural Review
Committee and approval of HSHA Board.
11.
Filling of Lots
No
12.
Docks, Etc.
No private (or public) docks, piers, moorings, boathouse, lift, 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
No
14.
Repairs
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 with six months of the date the damage occurred.
15.
Culverts
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.
16.
Easements
HSHA
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 drainways for surface water whenever action may appear to HSHA 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. HSHA 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 HSHA, or upon any Lot not owned by HSHA with the
expressed written permission by the Owner of such Lot. Such rights may be
exercised by any assignee or licensee of HSHA 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 often (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.
18.
Violations
In the event of a violation or breach of any of these restrictions by any Lot
Owner or any other person, HSHA 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 thereof 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, HSHA 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 wavier 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.
19.
Invalidation
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.
20.
Modifications
HSHA 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 covenant.
PART THREE
HIDEAWAY
By
the recording of this instrument, there is established an unincorporated,
voluntary, nonprofit, membership association known as "HIDEAWAY SHORES
HOMEOWNERS ASSOCIATION". Every Owner of a
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
HSHA in the manner hereinafter set out. The initial area is for the purpose of
the construction and maintenance of a private boat dock and pier facility for
the exclusive use of the members of the Association.
Title
to the recreation area and other areas or facilities subsequently acquired by
the Association shall be held in Ownership in part by the Membership of HSHA.
Every
member of the Association shall have a right and easement of 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 to construct and maintain a boat
dock or pier and any other recreation facilities on the recreation area or
areas.
(b)
The right of the Association to suspend the boating/pier 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
HSHA 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 HSHA 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
(b)
Membership shall be appurtenant to and may not be separated from ownership of a
(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 in the
Subdivision shall have one vote at all meetings of the membership of HSHA 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 HSHA 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
(f)
Voting rights shall be restricted to include only those HSHA members who are in
current good standing, i.e. those who have paid all annual dues and assessments
in full at the time of the vote.
(a) Annual meetings of the members shall be
held each year thereafter between January 1st and February 15th in
(b) The presence at a meeting of a member
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.
(c) Special meeting of the membership may be
called at any time, either by the President, the Board of Directors, or five
members.
(d) All meetings shall be in
(e) Seven days written notice must be given
all members of the annual or a special meeting of the membership, but this
requirement maybe waived.
(a) The Board of Directors shall be elected to
serve for a term of one year or until their successors have been elected and
taken office. The board may appoint individuals(s) to fill vacated position(s).
(b) The President shall act for the HSHA, but
shall not have the authority to obligate the credit of the HSHA or the members
thereof without authorization of either the Board of Directors or the
membership.
(c) All checks written on any bank account of
HSHA shall be signed by both the Treasurer and either the President or
Vice-President of HSHA.
(d) The number of Directors shall be five:
President
Vice-President
Secretary
Treasurer
Member-At-Large
All
Directors shall be elected annually for a term of one year by the membership at
the annual meeting of the membership of HSHA.
(e)
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.
(f)
Meetings of the Directors shall be held at such times and in such places and the
directors shall determine from time to time. These meetings are open to the
membership of HSHA.
8.
Removal of Directors
Any one or more of the directors 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 director, the
membership shall elect a replacement to fill the unexpired term.
(a)
Each Owner of a
(b)
The dues and any assessments shall be used exclusively to promote the
recreation,
(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 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 the year of purchase shall be
collected by HSHA from the purchaser of each Lot 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 for HSHA shall be the sum of $150.00 per year, per
(h)
Dues and special assessments must be fixed at a uniform rate for all Lots. The
obligation to pay annual dues shall commence as to all members purchasing Lots
on the date deed of the
(i)
In addition to the annual dues, HSHA 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 purposes, PROVIDED,
HOWEVER, that any such special assessment or assessments must have the assent of
a two-thirds vote of the membership of HSHA at a meeting duly called or by
ballot mailed to all membership 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
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
and common area or areas or facilities that may be shown on any recorded map or
other recorded instrument ail of which said areas and facilities are reserved
for private use of the Owners of the Subdivision as herein provided.
HSHA
specifically reserves the right to amend or change any part or all of this
Declaration. Any amendment or change to this Declaration must have the assent of
a fifty one percent (51%) vote of the membership present at a meeting duly
called, or by ballot mailed to all membership for this purpose, and for which
the notice clearly states that a vote is to be held to determine amendments or
changes to this Declaration. Changes to this Declaration shall be filed 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
all current members of HSHA and the conveyance of Lots made subsequent to the
recording of such Declaration of Amendment. Nothing herein shall bind HSHA to
build and construct a Community water and sewage disposal plant. HSHA reserves
the right to amend or change any part or all of this Declaration with references
to water and sewage plants.
IN
WITNESS WHEREOF, HSHA has caused his instrument to be executed in its
corporate name by its President, attested by its Secretary and its corporate
seal hereto affixed, this the 9th day of July
1997, all by the authority granted by the Board of Directors of Hideaway
Shores Home Owners Association.
Hideaway Shores Home Owners Association, Inc.
NORTH CAROLINA
I, Diedre Britt , a Notary Public of the County and State
aforesaid, certify that Sharon T. Benoit personally
appeared before me this day and acknowledged that she is Secretary of Hideaway
Shores Homeowners Association , a North Carolina Corporation, and that by
authority duly given and as the act of the Corporation, the foregoing instrument
was signed in its name by Donald M. Strickland, President, sealed with
the corporate seal, and attested by him as its Secretary.
Witness
my hand and official seal, this 9th day of July
Notary
Public My Commission Expires: 10/6/98
The
foregoing certificate of Diedre H. Britt, a Notary Public, is certified
to be correct. This instrument and this certificate are duly registered at the
date and time and in the Book and Page shown on the first page hereof.
Joyce
By:
Joy R. James
Deputy/Assistant
BK1245PG226
FILED 97 JUL 11 PM 1:37