PART ONE - DEFINITIONS
SECTION TWO:
Section Two
HSHA
Architectural
review committee
Owner
Lot
Applicability
Reservations
Building
and site improvement
Approval
of plans
Residential
lots
Water
supply and sewage disposal
Maintenance
Nuisances
Signs
Subdividing
Filling
of lots
Docks,
etc
Use
of lots 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
Board
of directors
Removal
of directors
Dues
and assessments
PART FOUR - DEDICATION TO THE
PUBLIC
SECTION
TWO OF
The undersigned being all of the owners of that tract of land shown on the map entitled "Section Two 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 Two 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 Two and be binding upon each portion of said tract of land and whomsoever owns the same to wit:
1. Section Two 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 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
Vice-President
Treasurer
Secretary
Member-At-Large
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 Two 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.
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.
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
(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 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, 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
(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 architectural review committee criteria. Contact a current HSHA board member for a current copy.
(h) All Structures shall meet or exceed all current Local Building Codes for conventional 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.
(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.
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
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.
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.
No
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 Pender County Registry.
No
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.
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.
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.
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 Two 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.
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.
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 -
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.
3. Ownership of Recreation Area.
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, ie. 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 15th in Pender County, North Carolina, with the specific date, time and place to be determined by the President of HSHA unless the Board of Directors or a meeting of the membership has already specified to the exact date, time and place.
(b) 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.
(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 may be 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 individual(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.
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 Lot 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 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 HSHA. 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 HSHA and for improvements, maintenance and acquisition of recreation and common areas and construction, including roads and roadways, acquisition and maintenance of any facilities on said recreation and common 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 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 - 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 and common area or areas or facilities that may be shown on any recorded map or other recorded instrument all 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 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.
STATE OF
COUNTY
DECLARATION,
ASSOCIATION
BEGINNING at a point in the
southern right-of-way line of Sand Dollar Lane extended, as will be shown on the
recorded map of Section 2, Hideaway Shores, to be recorded in the Pender County
Registry, said point being North 80 degrees 33 minutes West 400 feet along the
southern right-of-way line of Sand Dollar Lane extended from the intersection of
the westernmost line of Scotch Bonnet Way and the southernmost line of Sand
Dollar Lane, which is North 9 degrees 27 minutes East 521.56 feet, along the
westernmost line of Scotch Bonnet Way, from the point of tangent of Curve No. 6
of Scotch Bonnet Way as shown on a map recorded in Map Book 12 at Page 45 in the
Pender County Registry, said point of tangent being North 5 degrees 28 minutes
40 seconds East a chord distance of 37.60 feet from the northeasternmost corner
of Lot 3, Block D, Section 1 of Hideaway Shores as shown on a map of 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, said 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 valorem taxes and the restrictions more specifically set out in this Deed. The HSHA referred to in the hereinafter enumerated restrictions, the covenants, conditions is Hideaway Shores Homeowners Association. Furthermore, this property is subject to, in addition to the herein after 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 herein above described property.
This property is subject to the following restrictions:
(none noted)