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Taberna Homeowners Association Covenants Part I
View Taberna Homeowners Association Covenants Part II
TABERNA THIS DECLARATION OF PROTECTIVE COVENANTS, RESTRICTIONS AND EASEMENTS, dated for purposes of reference only this 13th day of November 1995, by WEYERHAEUSER REAL ESTATE COMPANY, a corporation qualified to do business in the State of North Carolina (hereinafter "Declarant"). RECITALS: Declarant is the owner of real property generally known as Taberna, which property, including the property of the Taberna Golf Club, consists of approximately 1100 acres. The property is more fully described on Exhibit A attached hereto, which property will be referred to herein as 'Taberna." It is the plan and intent of Declarant to develop a residential subdivision in several phases consisting of approximately 800 residential living units, plus amenities and service facilities therefore, within Taberna. It is the plan and intent of Declarant to make available to owners within Taberna certain active and passive recreational amenities. In order to minimize the Homeowner's Association dues that will be paid by owners within Taberna, the active recreational amenities will be owned and maintained by a third party, not the Association. Owners within Taberna will be allowed the privilege of utilizing certain of these active recreational amenities by becoming a member of the Taberna Golf Club, and upon payment to the Taberna Golf Club of fees, dues and charges as may be established from time to time. In order to minimize these fees, dues and charges, membership in the Taberna Golf Club will be available both to owners within Taberna and to non-owners. IT IS NOT THE INTENT OF DECLARANT TO SUBJECT THE PROPERTY OF THE TABERNA GOLF CLUB TO THE PROVISIONS, RESTRICTIONS AND CONDITIONS CONTAINED WITHIN THESE PROTECTIVE COVENANTS. Other passive recreational amenities will be owned by the Association, and, subject to rules and regulations adopted by the Association, will be available for utilization by all owners within Taberna, or will provide open spaces and green areas for the benefit of owners within Taberna. The upkeep and maintenance of these passive recreational areas will be the responsibility of the Association. There will be delineated on each subdivision plat made subject to these Protective Covenant areas denoted on said plats as "Association Property." All such property shall be conveyed to the Association. To the extent such properties are denoted on any such subdivision plat as "Association Property (Green)," or "Green Area," such properties shall be maintained by the Association in "green" condition, either natural or landscaped, and such shall only be utilized by owners within Taberna, subject to rules and regulations adopted by the Association, to provide open spaces, attractive vistas, separation of streets and construction from residential areas, noise barriers and/or routes for non-vehicular transportation from Community to Community within Taberna. There may be constructed on Association Property (either Green or not) berms for purpose of screening view or deflecting noise. The Association shall maintain these berms in a sitely condition. However, notwithstanding any other provision contained herein, but with the prior approval of the Committee, any owner facing the rear of any such berm may landscape or manicure such berm, if done in a way not to increase the maintenance responsibilities or obligations of the Asspciation. If the suffix "Green" is not included, the Association may allow active recreational utilization of' such areas, subject to rules and regulations adopted by the Association to protect the peace and tranquility of Taberna, and further subject to restrictions contained herein, or in amendments to these Protective Covenants annexing such properties to the terms and conditions hereof. If an area on a Lot denoted "Green Area" or "Vegetated Green Area" such area shall be maintained by the owner of the Lot in a natural condition. It is the intent of Declarant to include within Taberna a non-vehicular route for allowing pedestrian and/or bicycle connections among the Communities within Taberna. This Pedestrian Access System may transverse Association Property and Lots, and shall be maintained in usable condition by the Association. The owner of any Lot subject to an easement for the Pedestrian Access System shall maintain such area as a part of his yard, and shall take no action to interfere with the normal use of the Pedestrian Access System or those entitled to such use. The owner of any Lot subject to an easement for This Pedestrian Access System, as well as all Association Properties with structures or facilities constructed thereon, shall jointly be referred to here in as "Amenities." The Pedestrian Access System will be located, in part, on areas denoted "Pedestrian Easement" on recorded plats. It is the intent of Declarant to include within Taberna areas with a common identity. These areas will generally be referred to by a particular name or designation "at Taberna, " and will typically consist of areas with a similar lot sizes, or including similar types of Living Units with availability of certain shared facilities not available to all owners within Taberna. Each of these distinct areas shall be generally referred to. herein as Communities. In order to enforce the provisions of these Protective Covenants, including but not limited to the architectural control standards established herein, in order to maintain Taberna in a clean and attractive condition, in order to own, manage and maintain the Association Properties, including the amenities, and to further provide an organization for the benefit of the owner of each Living Unit and Lot within Taberna, Declarant has chartered a North Carolina non-profit corporation named Taberna Master Homeowners Association, Inc. (the "Association") . The owner of each Lot or Living Unit within Taberna is and shall be a member of the Association, and the owner of each such Lot or Living Unit is and will be obligated to pay dues and assessments to the Association for the benefit of the Association and every owner within Taberna. The organization and operation of the Association is described in these Protective Covenants and in the By-Laws of the Association. It is the desire and intention of Declarant, for its benefit and for the benefit of the purchaser of each Lot and Living Unit within Taberna, and with the objective of preserving the value of each Lot, to restrict the utilization of and improvements within Taberna in accordance with the guidelines established herein. Therefore, Declarant hereby subjects the property described hereinafter to the terms and provisions of these .Protective Covenants for the use and benefit of all present and future owners of Lots and Living Units within Taberna. As used herein, the word "Lot(s)" shall mean and refer to any Lot made subject to the provisions of these Protective Covenants designated for construction thereon of a residential Living Unit within Taberna, as shown on a recorded subdivision map of record in the Office of the Register of Deeds of Craven County. The term "Living Unit(s)" shall mean a structure or part of a structure designed and constructed for utilization by a single family, whether detached or attached to another Living Unit, whether located on a Lot or located on a tract of land undivided into separate Lots. Where rights are granted to or obligations imposed upon the owner of a "Lot" the term shall include the term "Living Unit" thereon, if any; likewise, reference to a Living Unit shall, where the context is appropriate, also be interpreted to include the Lot upon which such Living Unit has been constructed. The Taberna Golf Course shall for no purposes be deemed a Lot or a Living Unit. 1. DESCRIPTION - Return to Index 2. ADDITIONAL PROPERTIES - Return to Index Declarant may alter or change the particular building and site utilization restrictions and provisions contained within these Protective Covenants for different Communities within Taberna. The particular building restrictions and site utilization restrictions contained within the amendment hereto subjecting additional property to the terms and conditions hereof shall be binding upon the properties described in such amendment; to the extent that there are no such modifications contained . in such amendment, however, all of these terms, provisions and conditions, including all building restrictions and site utilization restrictions contained herein, shall be fully applicable to such annexed properties. Notwithstanding this right of the Declarant to impose different restrictions on properties annexed hereto, all such annexed properties shall be subject to the architectural standards and review procedures contained in Section 5 of the Protective Covenants, and shall further be made subject to the following restrictions (it being the intent of Declarant not to annex the Taberna Golf Club to the provisions of the Protective Covenants) A. Except as more fully set out in this sub-paragraph, all Lots shall be limited to residential utilization only. There is shown on the plat of Phase I of Taberna, dated August 11, 1995 (Exhibit B attached hereto) three tracts labeled Weyerhaeuser Real Estate Company Commercial. Two of those tracts are located between US Highway 70 and the Atlantic and North Carolina Railroad right-of-way, and the third tract is more fully described on Exhibit A-l attached hereto. Non-residential usage shall be allowed on those three tracts. Nothing shall prohibit the utilization of property within Taberna for recreational purposes, with facilities appurtenant thereto. No amendment hereto annexing additional properties shall in any way alter any of the terms, provisions or conditions of these Protective Covenants as the same relate to the property described in Section 2. hereinbefore. Any amendment altering such terms, provisions or conditions relating to the property described in Section I hereinbefore must be adopted in accordance with the provisions of Section 9 hereinafter. 4. BUILDING AND SITE RESTRICTIONS - Return to Index A. No detached garage, storage shed, or carport shall be permitted on any Lot unless architecturally compatible with he primary Living Unit to which it is appurtenant. No such structure shall be constructed prior to the construction of the primary Living Unit on the Lot. B. No more than one (1) Living Unit shall be allowed per Lot, unless within a Community specifically reserved, as set out in said amendment, for construction of buildings containing multiple Living Units. . D. No sign shall be allowed on any Lot so as to be visible from any street right of way or any adjoining property or Amenity, except the following signs, which shall be allowed: (1) one (1) sign per Lot, no greater than six square feet in size, specifying the general contractor actually constructing a Living Unit on such Lot. Such sign must be removed upon issuance of a certificate of occupancy for the Living Unit; (2) one (1) sign per Lot or Living Unitidentifying the property upon which such sign is placed only by the name of the owner and a street number. Such sign must be constructed at a size, and to specifications and styles, established by the Committee, and must be located in a place specified by the Committee; (3) one (1) project sign for any Community orsimilar development site, which sign shall not exceed in size fifty (50) square feet, and which shall specify only the name of the (5) street or directional signs erected by Declarant or by the Association; (7) identification and informational signs constructed by Declarant, the purpose of which is to assist Declarant in identifying the project and the location of Lots, Living Units, sales offices, Amenities, sales models or other uses within Taberna; (9) identification or directional signs constructed by the owner of the Taberna Golf Club, which signs must be constructed to specifications and installed in locations approved by Declarant or by the Association, but such signs and such locations as are approved by Declarant shall be allowed to the owner of the Taberna Golf Club as a matter of right, as long as such signs are maintained in a good and sightly condition. All permitted signs, except those constructed by a governmental entity, shall be constructed of materials, in a style, of colors and in a , location established and approved by the Committee. E. There are no absolute building setback requirements other than those that may be imposed by a local government, which setbacks are as shown on recorded plats. However, as suggested setbacks, no Living Unit will be allowed within 40 feet of any street right-of-way facing the front of the Living Unit, 20 feet from a street not facing the front of the Living Unit or 30 feet from the rear Lot line, or within 15 feet of any side Lot line, unless variations are approved by the Architectural Control Committee. NOTWITHSTANDING ANY. SUGGESTED SETBACK, THE COMMITTEE SHALL HAVE COMPLETE AUTHORITY TO DETERMINE THE APPROPRIATE BUILDING SITE ON EACH AND EVERY LOT. THERE IS NO GUARANTEE THAT SUCH APPROVED BUILDING LOCATION SHALL BE WITHIN THE SUGGESTED SETBACKS SET OUT HEREIN. Furthermore, the Committee shall have the right to vary any setbacks that exceed those imposed by the City of New Bern for good cause shown, upon petition submitted in writing by the owner of a Lot. The Committee shall never be obligated to grant a variance. The Committee shall not issue a variance if, in the opinion of the Committee, such variance would have a substantial adverse impact upon the value of an adjoining Lot. The owner(s) of immediately adjoining Lots shall be given notice of the request for a variance in writing, by the owner of the Lot seeking the variance, at least five (5) days prior to the issuance of a variance by the Committee. F. Certain areas of Taberna contain wetlands as defined by Section 404 of the Clean Water Act. The location of the Section 404 wetlands, as of the date of the recordation of each subdivision plat within Taberna, shall be denoted on each of said subdivision plats. Because of changes in groundwater or in the definition of Section 404 wetlands, or the interpretation of such definitions, the locations of wetlands may vary from time to time. Wetlands perform valuable ecological and aesthetic functions. These functions include providing filters for stormwater drainage and runoff, providing habitat for wildlife and promoting proper drainage. Therefore, no fill or substantial alteration of any of the Section 404 wetlands delineated on any recorded subdivision map within Taberna shall be allowed without issuance of a permit for such activity by the State of North Carolina and the Corps of Engineers, an agency of the United States of America, and without permission of the Committee, which permission shall only be granted upon a showing of a strong and compelling reason for such wetland fill or alteration, and which permission must be obtained prior to application for any permit authorizing alteration of such a wetland. It is the intent of Declarant to preserve as many of the wetlands as feasible within Taberna to allow such wetlands to perform beneficial functions for the benefit of the residents of Taberna and surrounding properties. NO ALTERATION OF A WETLAND WILL THEREFORE BE ALLOWED WITHIN TABERNA UNDER AUTHORIZATION GRANTED BY ANY NATIONWIDE PERMIT WITHOUT FULL DISCLOSURE OF THE ACTIVITY TO BE UNDERTAKEN IN ADVANCE OF SUCH ACTIVITY, WHICH NOTICE SHALL BE GIVEN TO THE CORP OF ENGINEERS, THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OF THE STATE OF NORTH CAROLINA AND THE COMMITTEE, AND WITHOUT APPROVAL OF THE COMMITTEE. G. The heights of structures on any Lot shall be subject to approval of the Committee in accordance with the standards set out in Section 5 hereunder, but no structures may exceed in height any height limitations imposed by the City of New Bern. H. Fences on any Lot are subject to the complete jurisdiction of the Committee including location, style, materials and height. As used herein, fences shall include walls, barricades, shrubbery or other impediments to reasonable mobility and visibility. Absent an extraordinary showing of need by the owner of a Lot or Living Unit, no fence shall be allowed along any property line, no fence shall be allowed in any front yard, and no feaice shall be allowed in any side yard. The Committee shall only approve the construction of a fence in any location upon a determination that the fence is aesthetically pleasing; does not detract from the reasonable value of any Lot or property and does not unreasonably impede the view of any water course or other attractive feature from any other property. The Committee shall adopt guidelines concerning permissible location of fences, and the permissible styling and construction standards of allowable fences. I. No satellite receiving dish, radio antennae or other similar device shall be allowed on any Lot, except that satellite receiving dishes, no greater in size than twenty four (24) inches in diameter, shall be allowed, but only upon approval by the Committee as to the size and location of such satellite receiving dish, and only if it is located in a way to minimize the visibility of such satellite receiving dish from any street or adjoining property (including any Amenities). The Committee may impose screening requirements by vegetation or otherwise as it deems appropriate. J. No boat, boat trailer, other trailer, camper, recreational vehicle, utility vehicle or truck (to the extent that a truck is rated as a one ton truck or larger) shall be allowed to remain on any street right-of-way or on any Lot or on any common property controlled by the Association (or any other homeowners association within Taberna) overnight unless it is enclosed within a garage that has been constructed in accordance with the provisions of these Protective Covenants, or is parked on an area owned by Declarant or the Association.designated specifically for such purpose. K. The Association has adopted rules and regulations restricting the location of temporary or permanent clotheslines, the number of vehicles that may be parked on any Lot, the number, type and location of trash receptacles and trash receptacle enclosures, and the type and location of mailboxes. Such rules and regulations shall be fully applicable and binding on the owner of every Lot as though fully set out herein. Such rules and regulations may be amended from time to time, with notice of such amendments being given in writing to the owners of Lots prior to the effective date of such amendments. L. No activity, whether active or passive, that is reasonably considered a nuisance by the Association shall be allowed within Taberna. The normal use and operation of Taberna Golf Club shall never be deemed a nuisance. This prohibition includes any activities within any structure, on any Lot or on any street or common area. The Association is specifically authorized by Section 15 of these Protective Covenants to adopt rules regarding conduct and use of such properties; however, the Association may find any conduct or use of a Lot to be a nuisance notwithstanding the fact that such conduct is not specifically prohibited by these Protective Covenants or by an adopted rule. If any conduct is deemed by the Association to be a nuisance, and to the extent that such conduct is not specifically prohibited by the provisions of these Protective Covenants or by an adopted rule, the Association shall give written notice to the offending owner specifying the nature of the nuisance, and requesting that such nuisance be terminated. If any nuisance is not terminated within a reasonable time thereafter, the Association may pursue any legal or equitable remedy, and may collect in any such action all attorney's fees incurred. M. It is encouraged that in the fertilization on any Lot of any lawn or yard that liquid fertilizers (not time release fertilizers) be utilized, so as to minimize the nutrient runoff from yards and lawns into surrounding bodies of water. N. In order to further encourage water conservation, in the construction of each Living Unit water saving showerheads and toilets shall be exclusively utilized. Such water saving devices shall be utilized at all times thereafter. 0. At the time of construction of a Living Unit, its owner shall cause said Living Unit to connect to the water and sewage disposal system of the City of New Bern. All connection, tap-on or other charges associated with such connection shall be paid by the owner of the Living Unit. Declarant shall, at its own expense, cause necessary utility service to be extended along the street right-of-way adjacent to each Lot, and shall provide a stub and connection point at each Lot line. P. No Living Unit may be leased or rented for a rental term less than one (1) month. Q. The owner of any Lot or Living Unit adjacent to any pond within Taberna may, from the property owned by such owner, utilize such pond for bank fishing purposes. No fishing shall be allowed from the bank located on Taberna Golf Club property unless in accordance with rules and procedures established by the owner of the Taberna Golf Club. Ponds shall not be utilized for any other recreational purpose, including swimming, boating, rafting or canoeing, unless such activity is specifically approved by the Association. No shoreline stabilization shall be allowed unless approved by the Committee. R. Each unimproved Lot shall be maintained in a sightly condition, comparable to the condition of unimproved Lots offered for sale by Declarant. In order to ensure compliance with this requirement, the Association shall have the right and authority, which is specifically acknowledged by the owner of each Lot, to go upon each Lot which is unimproved, on a frequency deemed desirable by the Association, and cause any or each of such unimproved Lots to be mowed, and trash and debris located thereon to be removed. To compensate the Association for this expense, the owner of each unimproved Lot shall pay to the Association, as Supplemental Dues, a sum equal to the actual cost to the Association causing this work to be accomplished. S. No significant clearing or landscaping of any Lot shall be undertaken more than thirty (30) days prior to the commencement of construction on said Lot of the primary Living Unit to be located thereon. This provision shall not preclude the approval of removal of underbrush or damaged or diseased trees. 5. ARCHITECTURAL CONTROL COMMITTEE PROCEDURES - Return to Index A. Submittal of Plans. At least thirty (30) days prior to the anticipated commencement of any landscaping or construction of any structure or improvement on any Lot, the owner of such Lot (or his duly appointed agent) shall submit to the Chairman of the Committee a survey of the Lot, which survey shall show each Lot corner. There shall further be shown on said survey the proposed location of all proposed and existing structures or improvements, including driveways, bulkheads, patios, decks and walkways. There shall be further provided to the Committee sufficient building elevations and landscape plans, including a statement of exterior building materials and proposed exterior colors, to allow the Committee to appropriately and accurately evaluate what is proposed for construction on the Lot. The location of a proposed well (if any) shall also be delineated. Specifications for toilets and showerheads shall be included with the submission of any plans which contemplate installation of improvements utilizing such fixtures. The survey, building elevations and landscape plans, shall be of professional quality. There shall be submitted two copies of all information required to be submitted. B. Disclosure of Contractor. The owner of each Lot shall notify the Committee of the identity of the contractor proposed for construction of any major improvements on any Lot. Major improvements shall be all improvements of a reasonable construction cost of $10,000.00 or more. The owner of each Lot shall include with the name of the contractor a statement as to the classification of contractor's license held by such contractor and the address and telephone number of the contractor. This information shall be submitted to the Committee at time of submission of plans, if such information is available at that time; if the information is not available at that time, the information shall be submitted to the Committee at least thirty (30) days prior to commencement of construction. NO PRIMARY STRUCTURE MAY BE CONSTRUCTED BY THE OWNER OF A LOT UNLESS SAID OWNER HOLDS A VALID CONTRACTOR'S LICENSE APPLICABLE TO SUCH STRUCTURE. C. Standards for Approval. Within thirty (30) days after receipt of all required information, the Committee shall notify in writing the owner of the Lot whether or not the requested improvements are approved. Unless a response is given by the Committee within thirty (30) days, the plan shall be deemed approved. The response of the Committee may be an approval, a denial, an approval with conditions or a request for additional information. A request for additional information shall be deemed a determination that the information submitted was inadequate, and the thirty (30) day time for response shall only commence upon receipt of the requested additional information. If approval with conditions is granted, and construction then begins, the construction shall be deemed approval by the owner ofthe Lot of the conditions imposed. No response shall be required from the Committee unless a submission contains, on its face, the information required to be submitted as more fully set out hereinbefore. The Committee shall approve the plans as submitted, if all required information is submitted, and the following affirmative findings are made by the Committee: (1) that the improvements sought to be constructed will not have negative economic impact on any other property within Taberna; (2) that all required specific building standards and other conditions contained within the Protective Covenants and other applicable legal documents have been met; (3) that the improvements are architecturally compatible with proposed or constructed improvements on other properties within its Community; (4) that the natural features of the Lot have been retained to the maximum extent feasible; (5) that the improvements have been situated on the Lot within the suggested setbacks contained in paragraph 4(f) of these Protective Covenants, or location elsewhere furthers consistency with subparagraph (1) , (2) , (3) or (4) of this Section 5C; and (6) that the impervious surface limitation The owner of each proposed Living Unit shall comply with the requirements of this Section 5, whether or not such proposed Living Unit is to be constructed on a Lot, or on an unsubdivided development site. The developer of any development site proposed for construction of Living Units not to be conveyed by Lot shall further abide by the provisions of this Section 5, and shall submit the required information for the entire development site. D. Right of Appeal. Any owner disagreeing with the finding of the Committee may appeal the decision to the Board of Directors of the Association by' giving written notice of appeal to the President of the Association within fifteen (15) days following receipt of notice of denial (or notice of imposition of conditions unacceptable to said owner).The Board of Directors of the Association shall then review the plans, giving the Chairman of the Committee the opportunity to present to the Board of Directors of the Association specific reasons why the plans were denied, in the presence of the owner or his agent, and the owner or his agent may present information challenging the findings of the Committee. The decision of the Committee shall only be overridden by unanimous vote of the Board of Directors of the Association. E. Notices. All notices required to be given herein shall be given in writing, hand-delivered or mailed postage prepaid, return receipt requested, and the Committee shall be obligated to specify the particular grounds upon which denial of any application is founded. One set of plans, denoted as approved (or approved with specified conditions) shall be retained by the Committee and the other shall be returned to the applicant. F. The Association shall specifically have the right to adopt a fee schedule and in accordance therewith to charge a on-refundable fee for plan review by the Committee. The fee schedule may include different fees for different levels of proposed construction, such as a new construction of a residence,modification of an existing residence or construction of a fence. G. The Association shall have specific authority to collect a construction deposit from the owner of every Lot causing construction to be done on said Lot, which deposit shall be made for the purpose of providing for the administrative cost of inspection of the construction site and site alteration, reimbursement for damage to Association Properties or rights of way incurred during the construction process, and to ensure that construction (including landscaping) is completed in a timely manner and in accordance with the plans approved by the Committee. In order to collect such deposit, the Association shall adopt and publish a schedule of deposits, and shall uniformly collect the deposit from all Lot owners during the period of time in which such requirements are in full force and effect. A portion of such deposit may be retained for administrative costs, and the balance will be refunded upon completion of construction and landscaping, less reasonable deductions for damages to rights of way or Association Properties, or for other reasons specified in the schedule adopted by the Committee. 6. ASSOCIATION - Return to Index A. Membership. The owner or owners of every Lot and/or Living Unit shall be a voting member of the Association. However, only one vote shall be allowed per Lot with Living Unit. To the extent that there is more than one owner of any one Lot and\or Living Unit, said owners shall determine among themselves, and designate, one voting member, which voting member shall cast the vote allocated. If the owners cannot agree among themselves, the Board of Directors of the Association shall determine and designate a voting member from among the owners. The Association shall be governed by a Board of Directors, selected in accordance with the By-Laws of the Association, and the Association shall operate and do business in accordance with the terms of its By-Laws. The Board of Directors of the Association shall select the Committee in accordance with the By-Laws. (2) Acceptance by the City of New Bern of maintenance responsibilities for such street. C. Street Lighting. The Association shall further at all times maintain in good, working condition all street lights or area lights constructed within any Community and constructed for common benefit, to the extent such street lights or area lights are not owned and/or maintained by a public utility or by the City of New Bern. The Association shall further have the responsibility of maintaining a sightly appearance along all street rights-of-way, utility easements adjacent thereto and the Pedestrian Access System. D. Association Property Ownership and Maintenance. The Association shall have the responsibility of maintaining in good condition all Association Property and improvements thereon when and if conveyed to the Association in accordance with the provisions of these Protective Covenants, and thereafter shall be responsible for adopting rules and regulations governing utilization of such Association Property (subject to the limitations contained herein). To the extent deeded to the Association, the Association shall be obligated to accept ownership of all Association Property designated on any recorded subdivision plat of any portion of Taberna made subject to the terms and provisions of these Protective Covenants. Declarant is not obligated to and will not convey to the Association the Taberna Golf Club or any of its property (real or personal). Unless maintained by the City of New Bern, the Association shall maintain in good and sightly condition all components of the entrance to Taberna leading from Highway 70, including but not limited to landscaping, fencing, fountains, signs, irrigation systems, lighting, and Pedestrian Access System associated therewith. The Association shall have the optional authority to provide any service it believes desirable, including, but not limited to cable television, waste collection or utility service. Such services may be provided by the Association directly, by a subsidiary owned by the Association or by contract with a third party. Assessments may be collected from Lot and Living Unit owners to pay for the provision of such services. Such services must be for the benefit of owners of Lots or Living Units. F. Reserves. The Association need not maintain a capital reserve fund for public street replacement because of the likelihood that the City of New Bern will assume maintenance responsibilities for all streets at or soon after he time of relinquishment of such maintenance by Declarant. However, to the extent that the Association owns or is responsible for the maintenance of private streets, a reserve fund for private street maintenance may be maintained by the Association. Reserve funds for Amenities located on Association Properties need not be maintained until such time as an Amenity is constructed and conveyed to the Association. Following such construction and conveyance, the Association shall maintain reasonable reserves for replacement of depreciable tangible assets, including, but not limited to structures, parking areas, bike paths, lakes, and Amenities located on Association Properties. Reserves shall be maintained based on an estimation of the life of an asset, and may, at the discretion of the Board of Directors, be based on estimated replacement cost utilizing current values as of the date of the then budget year. The Board of Directors of the Association shall not be liable to any owner or to any third party for failure to maintain adequate reserves to the extent that said Board of Directors in good faith attempts to comply with the reserve obligations contained within these Protective Covenants, notwithstanding the fact that a significant expenditure is required in a greater amount or at an earlier date than had been reasonably anticipated. Declarant, at time of conveyance of Association Properties to the Association, shall convey the Amenities thereon in good and usable condition, such Amenities need not be "like new," however. G. Dues and Assessments. In order to fund the Association's obligations, the owner of every Lot and\or Living Unit is obligated and bound, whether or not expressly stated in any instrument of conveyance, to pay to the Association the following: (2) special assessments; and (3) fees, charges or deposits as specifically authorized by these Protective Covenants. All such assessments, dues and fees, together with any interest thereon, shall be a charge on the Lot and\or Living Unit and shall be a continuing lien upon the property against which such charges are made. Liens shall be perfected in the manner of a mechanic's or materialmen's lien under North Carolina General Statutes, and any lien for dues unpaid shall be filed within nine (9) months after the due date of the payment of such assessment. The due date shall be the first day of the fiscal year of the Association, as to annual dues and Supplemental Dues; and the date established for payment of a special assessment, as more fully set out hereinafter. Any such lien may be enforced in the manner of a deed of trust with power of sale, as allowed by North Carolina General Statutes, through a foreclosure proceeding. This instrument shall be deemed to give to the President of the Association, or his designee, said power of sale. Annual dues shall be in an amount determined by a majority vote of the Directors of the Association. Supplemental Dues shall be an amount as specified by these Protective Covenants and amendments hereto. The initial annual dues for each Lot shall be $50.00 per Lot. The annual dues may be altered for any fiscal year of the Association beginning with the fiscal year commencing January 1, 1998. The amendment to these Protective Covenants subjecting a development site to the provisions of these Protective Covenants shall specify the beginning date for dues payments per Living Unit when constructed thereon. As more fully set out hereinbefore, Declarant may convey multiple Lots or unsubdivided sites to a builder or developer for the purpose of constructing Living Units thereon for sale to the ultimate users; to the extent such election is made by Declarant, the collection of dues for such Lots or properties may be delayed until after the Living Units are constructed thereon and such Living Units are offered for sale, to the extent the amendments subjecting such Lots to the terms of these Protective Covenants so specifies the commencement date for the payment of dues. The Association shall have authority to collect as a surcharge additional dues (not in the nature of a special assessment) on an annual basis against Lots particularly benefited by the existence, location or use of Association Properties, which benefit is over and beyond the benefits to other members of the Association ("Supplemental Dues"). Such surcharge shall be included within the budget of the Association each year, and shall be due and payable by each owner benefited thereby. These Protective Covenants, or an amendment hereto annexing additional properties, may specify properties subject to such Supplemental Dues, but it is expressly authorized for the Association to charge the owner of any Lot with frontage on any pond maintained by the Association annual Supplemental Dues of $25.00 (commencing with the 1996 fiscal year of the Association). Such Supplemental Dues for pond maintenance shall increase or decrease annually in an amount equal to the percentage increase or decrease in the regular dues (without consideration of the Supplemental Dues) due and payable by members of the Association from year to year. All such receipts from Supplemental Dues shall be considered general funds of the Association, and need not be maintained in a separate or designated escrow account. The Association shall maintain all lakes or ponds to the extent that the same are Association Properties and are not owned by the owner of the Taberna Golf Club. The owner of each Lot adjoining any lake or pond owned by the Association shall be responsible for maintaining such lake or pond .to its high water mark as a part of the property owned by said owner; however, no such owner shall take any action within any reserved maintenance easement adjoining any such pond or lake so as to interfere with the ability of the Association to send representatives onto such easement for any purposes required relating to the maintenance and upkeep of such lake or pond. A special assessment may be levied from time to time by vote of a minimum of 70% of the total votes cast in any regular or special meeting, called in accordance with the By-Laws. A special assessment may be made for any purpose for which expenditures are allowed in accordance with this Declaration. The resolution approving a special assessment shall specify the date payable. All special assessments shall be assessed equally against all Lot owners. In no event shall any regular or special assessment be levied against the owner of Taberna Golf Club. Notwithstanding any provisions of these Protective Covenants, including this Section 6, the Board of Directors shall have authority to levy any special assessment against the owners of Lots (but in no event against the owner of Taberna Golf Club) if, in the sole discretion of said Directors, the assessment is reasonably required to protect properties impacted or about to be impacted in case of an emergency, such as a storm. In such event, the Directors shall give written notice to the members so affected as promptly as possible after the determination of said assessment and the action shall be binding as though ratified by the requisite vote of the owners. 7. ENFORCEMENT - Return to Index The State of North Carolina has given specific authority to enforce these Protective Covenants to the extent necessary to cause compliance with the impervious surface limitations imposed by the North Carolina Coastal Storm Order Regulations. The remedies available to the State of North Carolina include, without limitation, the remedy of specific performance. None of the impervious surface limitations contained herein may be altered without the prior approval of the State of North Carolina. 8. SETBACKS AND PEDESTRIAN EASEMENTS - Return to Index 9. AMENDMENTS - Return to Index 10. BINDING EFFECT - Return to Index 11. RESERVATION OF RIGHTS - Return to Index 12. RESUBDIVISION - Return to Index 13. UTILITY EASEMENTS - Return to Index 14. MINOR AMENDMENT - Return to Index 15. RULES - Return to Index 16. GOLF COURSE - Return to Index Every Lot and development site is burdened with an easement permitting golf balls unintentionally to come upon the Lotor site and for golfers at reasonable times and in a reasonable manner to come upon the exterior portions of the Lot or site to retrieve errant golf balls; provided, however, if any Lot is fenced or walled as approved in accordance with this Declaration by the Association, the golfer shall seek the owner's or occupant's Declarant agrees to record in the Office of the Register of Deeds of Craven County a restrictive covenant for the benefit of the Association and all of its members, which restrictive covenant shall, for a period of not less than seventy-five (75) years from such recordation, limit the use of the Taberna Golf Club property to use as a golf course and related or other recreational uses (such as swimming or tennis). 17. AMENITY UTILIZATION - Return to Index THE OWNER OF EACH LOT OR LIVING UNIT ACKNOWLEDGES THAT MEMBERSHIPS ENTITLING USE OF THE TABERNA GOLF CLUB WILL BE OFFERED BY DECLARANT OR ITS SUCCESSOR IN OWNERSHIP TO THE TABERNA GOLF CLUB, IN ACCORDANCE WITH SUCH TERMS AND CONDITIONS AS ESTABLISHED FROM TIME TO TIME IN THE SOLE DISCRETION OF THE OWNER OF SUCH FACILITIES. WHEN MEMBERSHIPS ARE MADE AVAILABLE, THE OWNER OF EACH LOT AND LIVING UNIT MAY APPLY FOR MEMBERSHIP ON THE TERMS MADE AVAILABLE BY THE OWNER OF SUCH FACILITIES. THE OWNER OF EACH LOT • AND LIVING UNIT ACKNOWLEDGES THAT, BY PURCHASING OR PAYING FOR ANY LOT OR BY ACQUIRING MEMBERSHIP IN THE ASSOCIATION, SAID OWNER DOES NOT ACQUIRE ANY VESTED RIGHT OR EASEMENT, PRESCRIPTIVE OR OTHERWISE, TO USE ANY PORTION OF THE TABERNA GOLF CLUB, NOR DOES SUCH OWNER ACQUIRE ANY OWNERSHIP OR MEMBERSHIP INTEREST IN THE TABERNA GOLF CLUB. FURTHERMORE, THE ASSOCIATION HAS NO VESTED RIGHT OR EASEMENT, PRESCRIPTIVE OR OTHERWISE, OR ANY OWNERSHIP INTEREST IN THE TABERNA GOLF CLUB. ALL SWIMMING FACILITIES AND TENNIS COURTS MAY BE LOCATED ON THE TABERNA GOLF COURSE PROPERTY, AND, IN ORDER TO UTILIZE SUCH FACILITIES, THE OWNER OF A LOT SHALL BE REQUIRED TO BECOME A MEMBER OF THE TABERNA GOLF CLUB. 18. COMPLETION OF IMPROVEMENTS - Return to Index A. Golf Course. December 1, 1997. Construction will commence no later than May 1, 1996, and will proceed in reasonable due course until completion. B. Golf Course Clubhouse. December 1, 1998. C. Swimming Pool. December 1, 1998. D. Tennis Courts. Four tennis courts by December 1, 1998. E. Pedestrian Access System. As to each Community, the Pedestrian Access System therein will be installed within said Community within one (1) year following conveyance of any Lot shown on a recorded subdivision plat of said Community. F. Brice's Creek. Association Property providing access to Brice's Creek of a size of one acre or greater adjacent to Brice's Creek, will be conveyed to the Association, improved so as to provide non-vehicular access to Brice's Creek, on or before December 1, 1999. 19. INCIDENTAL STRUCTURES - Return to Index 20. ADJACENT PROPERTIES - Return to Index 21. PHASE 1 RESTRICTIONS AND LIMITATIONS - Return to Index A. The minimum square footage of heated, enclosed living space for each approved Living Unit constructed on Lots 1 through 78 shall be 1500 square feet for single-level homes and 1800 square feet for two-level homes,* a minimum of 1,200 square feet of such space must be located in the first living floor of the Living Unit. Notwithstanding the above stated limitations, the minimum square footage of heated, enclosed living space for each approved Living Unit constructed on a Lot with a boundary contiguous with any portion of the Taberna Golf Club (Lots 81 through 90) shall be 2000 square feet for single-level homes and 2200 square feet for two-level homes, a minimum of 1400 square feet of such space being located in the first living floor of the Living Unit. The minimum square footage of heated, enclosed living space for each approved Living Unit other than those specified above within Phase I shall be 1800 square feet for single-level homes and 2000 square feet for two-level homes, a minimum of 1300 square feet of such space being located in the first living floor of the Living Unit. Carports, garages, attics, porches, patios, decks and basements shall not be considered heated, enclosed living space. B. Each Lot shall be limited to an amount of impervious surface as set out in Exhibit C attached hereto. C. The lake located adjacent to Lots 55 through 58 and Lots 63 through 74 shall be deeded to the Association as Association Property. Such Lots shall be considered lakefront Lots, and shall be subject to the lakefront Supplemental Dues set out hereinbefore. The Association Properties adjoining said lake shall be available for use by all members of the Association; however, such uses shall be limited by rules adopted the Association, and such rules shall allow only passive recreational activities thereon, which activities are not intended to encourage vehicular traffic or excessive noise. The adjoining Association Properties to the lake shall be primarily for the purpose of creating open space and allowing pedestrians access to view and fixtures and improvements as a portion of the Pedestrian Access System, as well as benches, gazebos, and picnic facilities. 22. SIGNAGE - Return to Index 23. NOTIFICATION - Return to Index WITNESS my hand and official seal, this 13th day of November, 1995. |
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