HomeMy Public PortalAbout06-0017 West_2of24
STATE OF',GEORGIA
COUTNY OF CHATHN4
ON OF COVENANTS,
coNqmoNs AND RESTRICTIONS FOR
NoRTHSRPRE' SUBDIVISION, TYREE ISLAND,
rqiiNERNM COUNTY, GEORGIA
THIS DECLARATION, made on the date hereinafter set forth
JAMES R. SMITH and wpturER T. CLARK, JR., hereinafter collectively
referred to as "Deolar44t".
WITNESSETH:
by
WHEREAS, Declarant is the owner of certain property in the
Town of Tybee Island, County of Chatham, State of Georgia, which is
more particularly shown on that certain Subdivision Map recorded in
the Office of the Clerk of the Superior Court of Chatham County,
Georgia in Subdivision Map Book , Page , and by reference
made a part
NOW, THEREFORE Declarant hereby declares that all of the
properties described above shall be held, sold and conveyed subject to
the following easements, restrictions, covenants and conditions, which
are for the purpose of protecting the value and desirability of, and
which shall run with, the real property and be binding on all parties
having any right, title or interest in the described properties or any
part thereof, their heirs, successors and assigns, and shall inure to
the benefit of each owner thereof.
ARTICLE I
DEFINTITCNS
Section 1. "Association" shall mean and refer to NORTHSHORE
TYBEE HOMEOWNERS ASSOCIATION, INC., its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner,
whether one or more persons or entities, of a fee simple title to any
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Lot which is a part of the Properties, but excluding those having such
interest merely as security for the performance of an obligation.
Section 3. " Properties" shall mean and refer to that certain
real property hereinbefore described, and such additions,_ thereto as
may hereafter be brought within the jurisdiction of the Association.
Section 4. "Common Area" shall mean all real property
(including the improvements thereto) owned by the Association for the
common use and enjoyment of the Owners. The Common Area to be owned
by the Association at the time of the conveyance of the first lot
shall be all of the Area of the subdivision saving and excepting
therefrom all of the individual lots to be conveyed to property
owners. All of which will more particularly appear on aforesaid
Subdivision Map. The Common Area shall be conveyed to the Association `11,,L;:
free and clear of encumbrances simultaneously with the conveyance of t .
the first lot in the Subdi.vision`to an Owner.
Section 5. "Lot" shall mean and refer to any plot of land
Shown upon any recorded subdivision map of the Properties with the
exception of the Cannon Area.
Section 6. "Declarant" shall mean and refer to JAMES R.
SMITH and WALTER T. CLARK, JR., their successors and assigns, if such
successors and assigns should acquire more than one undeveloped Lot
from the Declarant for the purpose of development.
Section 7. "Development" shall mean "NQRTHSHORE
SUBDIVISION ", a six (6) unit garden house development. The development
shall consist of six (6) units to be constructed on individual lots.
Section 8. "Unit" shall mean a completed fee simple garden
home c Oostructed on an individual lot.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owner's Easements of Enjoyment. Every Owner
shall have a right and easement of enjoyment in and to the Cannon Area
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 reasonable
admission and other fees for the use of any recreational facility
situated upon the'culT9n Area;:
(b) the right of the Association to suspend the voting
rights and right to use of the recreational facilities by an Owner
for any period during which any assessment against his Lot remains
unpaid; and for a period not to exceed '60 days for any infraction
poVits published rules ad
(c) the right of the Association to dedicate or transfer all
or any part of the common Area to any public agency, authority, or
utility for such purposes and subject to such conditions as may be
agreed to by the members.
No such dedication or transfer shall be effective unless an
instrument agreeing to such dedication or transfer signed by two-
thirds (2/3) of each class of members has been recorded.
(d) the right of individual Owners to the exclusive use of
parking spaces as provided in this Article.
Section 2. Delegation of Use. Any Owner may delegate, in
accordance with the By-Laws, his right of enjoyment to the Common Area
and facilities to the members of his family, his tenants, or contract
purchasers who reside on the property.
Section 3. Parking Rights. Ownership of each Lot shall
entitle the Owner or Owners thereof to the use of not more than one
(1) automobile parking space, which shall be as near and convenient
to said Lot as reasonably possible, together with the right of ingress
or egress in and upon said parking area. The Association may per-
manently assign one vetlicle parking space for each dwelling.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a Lot which is subject to
assessment shall be a member of the Association. Membership shall be
appurtenant to and may not be separated from ownership of any Lot
which is subject to aasessment.
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Section 2. The Association shall have two classes of voting
membershiP;.
Class A. Class Am-alters shall be all Owners, with the
exception of the Declarant, and shall be entitled to one vote for
each Lot owned. When more than one person holds an interest in
any Lot, all such persons shall be members. The vote for such Lot
shall be exercised as they determine, but in no event shall more
than one vote be cast-with respect to any Lot.
Class B. The Class B member (s) shall be the Declarant and
shall be entitled to three (3) votes for each Lot owned. The
Class B membership shall cease and be converted to Class A mem
bership on the happening of either of the following events,
whichever occurs earlier:
(a) When the total votes outstanding in the Class A
membership equal the total outstanding votes in the Class B
membenhiPi or,
(b) Five (5) years following conveyance of the first
Lot to an Owner. Thereafter, the Class B member shall became a
Class A member.
COVENANT FOR MAINTENANCE ASSESSMENTS
ARTICLE IV
Section 1. Creation of the Lien and Personal Obligation for
Assessments. The Declarant, for each Lot owned within the Properties,
hereby covenants, and each Owner of any Lot by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association: (1) annual
assessments or charges, and (2) special assessments for capital improve-
ments, such assessments to be established and collected as hereinafter
provided. . The annual and special assessments, together with interest,
costs and reasonable attorney's fees, shall be a charge on the land
and shall be a oontinuing lien upon the property against which each
such assessment is made. Each such assessment, together with
interest, goats, and reasonable attorney's fees, shall also be the
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personal obligation of the person who was the Owner of such property
at the time when the assessment fell due. The personal obligation for
delinquent assessments shall not pass to his successor in title unless
expressly assumed by the successor in title.
Section 2. Purpose of Assessments. The Assessments levied
by the Association shall be used exclusively to promote the
recreation, health, safety, and welfare of the residents in the
Properties and for the improvement and maintenance of the Common
Area.
Section 3. Maximum Annual Assessment. Until January 1,
1991, the maximum annual assessment shall be.
($ ) Dollars per lot.
(a) From and after January 1, 1991, the maximum annual
assessment may be increased each year not more than five (5%) per
cent above the maximum assessment for the previous year without a
vote of the membership.
(b) From and after January 1, 1991, the maximum annual
assessment may be increased above five (5 %) per cent by a vote of
two- thirds (2/3) of each class of members who are voting in person
or by proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual assessment at
an "cunt not in excess of the maximum.
(d) Notwithstanding the provisions contained herein with
respect to the maximum annual assessment, a special assessment
consisting of a working capital fund for the initial two (2)
months of the Association's operation equal to a two (2) month's
estimated assessment for each Lot shall be assessed. Each Lot's
share of the working capital fund shall be collected and trans-
ferred to the Association at the time of closing of the sale of
each Lot and maintained in a segregated account for the use and
benefit of the Association. Amounts paid into the working capital
fund are not to be construed as advance payment of regular
assessments. (The purpose of the fund is to insure that the
Association will have cash available to meet unforeseen expen-
ditures, or to acquire additional equipment or services deemed
necessary or desirable.)
Section 4. Special Assessments for Capital Improvements. In
addition to the annual assessments authorized above, the Association
may levy, in any assessment year, a special assessment applicable to
that year only for the purpose of defraying, in whole or in part, the
cost of any construction, reconstruction, repair or replacement of a
capital improvement upon <the Cannon Area, including fixtures and per -
sonal property related thereto, provided that any such assessment
shall have the assent of two- thirds (2/3) of the votes of each class
of members.who are voting in person or by proxy at a meeting duly
called for this purpose.
Section 5. Notice and Quorum for Any Action Authorized Under
Sections 3 and 4. Written notice of any meeting called for the pur-
pose of taking any action authorized under Sections 3 and 4 shall be
sent to all members not less than thirty (30) days nor more than sixty
(60) days in advance of the meeting. At the first such meeting
called, the_presence of manbers or of proxies to cast sixty (60 %) per
cent of all the votes of each class of-membership shall constitute a
quorum. If the required quorum is not present, another meeting may be
called subject to the same notice requirement, and the required quorum
at the subsequent meeting shall be one -half (1/2) of the required
quorum at the preceding meeting. NO such subsequent meeting shall be
held more than sixty (60) days following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and spe-
cial assessments must be fixed at a uniform rate for all Lots and shall
be collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments: Due
Dates. The annual assessments provided for herein shall come-floe as
to all lots on the first day of the month following conveyance of the
Catuon Area. The first annual assessment shall be adjusted according
to the number of months remaining in the calendar year. The Board of
Directors shall fix the amount of the annual assessment against each
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lot, at least, thirty (30) days in advance of each annual assessment.
The Board of Directors of the Association shall promptly
advise ea qh Lot Owner in writing of the estimated annual amount of the
assessme9tfor each Lot as so determined by the Board of Directors and
shall flAr4sh each home Owner with a copy of the budget on which such
estimate is based and, upon request shall furnish a copy of such
budget to' the mortgagee of such Lot. If the said estimated amount
proves inadequate for any such year for any reason, including non-
payment of any Lot Owner's assessments, the Board of Directors may, at
any time or from time to time, levy special assessments to cover such
The assessments provided for herein shall be established on
the assessment year basis unless and until the Board of Directors of
the Association elects to establish a different and/or more frequent
assessment period. The assessment obligation shall ozonence as to
each Lot at such time of closing of the sale of each Lot or upon deli
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very of possession of the Lot to its purchaser, whichever shall occur
first. 'ft first year's assessment for each Lot shall be adjusted
•
according :to the number of days remaining in the assessment year after r/444
the date such issuaq.and shall be paid by the Owner to the
Associates in
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The Association demand, and for a reasonable
installments on the first day of each
charge, furnish a certificate signed by an officer of the Association
setting forth whether the assessments on a specified Lot have been
paid. A prop43rly exec4id certificate of the Association as to the
off
status of ',assessments -IPA Lot is binding upon the Association as of
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Section 8. Effect of Non-payment of Assessments: Remedies
of the Association. Any assessment not paid within thirty (30) days
after theYdue date shall bear interest from the due date at the rate
of six (qt Per cent Per annum. The Association may bring an action at
foreclose the lien against the property. NO Owner may waive or other-
wise escape escape liability for the assessments provided for herein by non-
use of thleCcomon Area or abandonMent of his Lot.
Section 9. Subordination of the Lien to Mortgages. The lien
of the assessments provided for herein shall be subordinate to the
lien of any deed to secure debt or mortgage. Sale or transfer of any
Lot shall not affect the assessment lien. However, the sale or
transfer of any Lot pursuant to deed to secure debt owsortgage
foreclosure or any proceeding in lieu thereof, shall extinguish the
lien of such assessments as to payments which became due prior to such
sale or transfer. No sale or transfer shall relieve such Lot from
liability for any assessment thereafter becoming due or from the lien
thereof. Nor shall any sale or transfer relieve any Owner fran per-
sonal liability for any unpaid assessments.
ARTICLE V
ARCHITECTURAL CONTROL
No building, fence, wall, or other structure shall be com-
menced, erected or maintained upon the Properties, nor shall any
exterior addition to or change or alteration therein be made until the
plans and specifications showing the nature, kind, shape, height,
materials, color, and location of the same shall have been submitted
to and approved in writing as to harmony of external design and loca-
tion in relation to surrounding structures and topography by the Board
of Directors of the Association, or by an architectural committee com-
posed of two (2) or more representatives appointed by the Board. In
the event said Board, or its designed oamnittee fails to approve or
disapprove such design and location within thirty (30) days after said
plans and specifications have been submitted to it, approval will not
be required and this Article will be deemed to have been fully
complied 4th•
ARTICLE VI
alieloRAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner,
shall have the right to enforce, by any proceeding at law or in
equity, all. restrictions, conditions, covenants, reservations, liens
and charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Association or by an Owner to enforce any
covenant or restriction herein contained shall in no event be deemed a
waiver of the right to de so thereafter.
Section 2. Severability. Invalidation of any one of these
covenants or restrictions by judgment or court order shall in no wise
affect any other provisions which shall remain in full force and
effect.
Section 3.
erm. The covenants and restrictions of this
Declaration shall run with and bind the land, for a term of twenty
(20) years from the date this Declaration is recorded, after which
time they shall be automatically extended for successive periods of
ten (10) years, unless at the expiration of any twenty (20) year term
or any ten year extension period the covenants and restrictions are
expressly terminated by an instrument signed by not less than seventy-
five (75%) percent of the Owners. A termination must be recorded.
Section 4. Information. The Association is required to make
available to Owners and lenders, and to holders, insurers or guaran-
tors of any first mortgage, or deed to secure debt current copies of
the Declaration, By -Laws, other rules concerning the Development and
the books, records and financial statements of the Association.
"Available" means available for inspection, upon request, during nor-
mal business hours or under other reasonable circumstances. Any
holder of a first mortgage or deed to secure debt is entitled, upon
written request, to a finappiatatement for the preceding fiscal
year of the Association,:
Section 5. Contracts. The Association, prior to passage of
control, shall not be bound either directly or indirectly to contracts
or leases (including a management contract) unless there is a right of
termination of any contract or lease without cause, which is exer-
cisable without penalty at any time after transfer of control, upon
not more than ninety (90) days notice to the other party thereto.
Section 6. Emergency Repairs. The Association shall have a
reasonable right of entry upon any Lot to make any emergency repairs
and to do other work reasonably necessary for the proper Maintenance/
oPerstiosiof the Development.
Section 7. Permits. The Association shall have the right to
grant permits, licenses and easements over the Common Area for utili-
ties, road or other purposes reasonably necessary or useful for the
proper maintenance or operation of the Development.
Section 8. Lender's Notice. Upon written request to the
Association, identifying the name and address of the holder, insurer
or guarantor and the Lot number or address, any such eligible mortgage
holder or eligible insurer or guarantor will be entitled to a timely
written notice of:
(a) Any condemnation loss or any casualty loss which affects
a material portion of the Development or any one Lot upon which
there is a first mortgage or deed to secure debt held, or
guaranteed by such eligible mortgage holder or eligible insurer or
guarantor, as applicable;
(b) Any delinquency of assessments or charges owed by a
owner subject to a first mortgage or deed to secure debt held,
insured or guaranteed by such eligible holder or eligible insurer
or guarantor, which remains uncured for a period of sixty (60)
days;
(c) Any proposed action which would require the consent of a
Specified percentage of mortgage holders.
Section 9. Recreational Facilities. Any facilities
constructed within the Common Area of the Development submitted to
this Declaration shall be,4owned by the Association and the Board of
Directors shall have the right to promulgate Rules and Regulations of
the use of such facilities by the Cwners.
Section 10. Easement. Declarant hereby reserves for itself, Z.,/
its agents, assigns, invitees and designees, an easement of ingress
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and egress for pedestrian and vehicular access across the streets,
roads .
parking facilities and Common Areas of the Property and a
blanket easement for the construction of utilities upon the Property.
Section 11. Claimed Easement. Declarant hereby declares an
easement for construction of fireplaces, chimneys, overhangs, utility
structures and other encroachments as they.are presently constructed
• as exist over and across the lots and Common Areas of the Property.
ARTICLE VII
RE TRICTIONS ON GENERAL USE
The use of the Lots in Northshore Subdivision shall be in
accordance with the following provisions:.
Section 1. Residential Use.
Each Lot is hereby restricted
to single family residential use by its Owner, the Owner's family,
servants and guests, tenants or lessees, as a residence only and shall
in no event be used at any time for any purpose other than residential
purposes. The rental or leasing by an Owner of his Unit for residen-
tial purposes shall not be prohibited.
Section 2. No Subdivision. No Lot may be divided or sub-
divided into a smaller Lot, nor any portion thereof separately sold,
leased, rented or otherwise transferred.' Na structure of temporary
character, trailer, basement, tent, shack, carport or other out-
building shall be erected or used as a residence or for any other pur-
pose on any portion of the Properties at any time.
Section 3. Obstruction Of Carron Area. There shall be no
obstruction of Cannon Area, nor shall anything be stored in the Catuon
Area without the prior written consent of the Board of Directors.
Section 4. No Hazardous Materials. Nothing shall be done or
kept on any It or in the Cannon Area which will increase the rate of
insurance on any portion thereof, without the prior written consent of
the Board of Directors
kept on his Lot or in
oellation of insurance,
violation of any law.
No Owner shall permit anything to be cone or
Cammpn Area which will result in the can-
.
on any portion thereof, or which would be in
No waste will be permitted on the Cannon Area.
J
Section 5. Exterior Decorations. Owners shall not cause or
permit anything to be hung or displayed on the outside of windows or
placed on the outside walls, doors, patios, decks or balconies of any
portion of the Properties, and no sign, awning, canopy, shutter or
radio or-television antenna shall be affixed to or placed upon the
exterior walls or doors, roof, decks, patios or balconies or any part
thereof or exposed on or at any window without the prior written con-
sent of the Board of Directors. All interior window treatments,
blinds, shutters, shears, curtains, drapes, and coverings which are
visible to the outside shall be of white, beige, off -white or opaque
coloring,,, unless otherwise approved by the Board of Directors.
Section 6. Nuisances. No noxious or offensive activity
shall be maintained or carried on on any It or in the Common Area, nor
shall anything be done therein, either willfully or negligently, which
may be or become an annoyance or nuisance to any other Owner or occu-
pant. NO_Owner shall make or permit any disturbing noise on the
Properties, or any portion thereof, by himself, his family, servants,
guests, tenants or lessees, nor do or permit anything by any of such
persons that will interfere with the rights, comfort or convenience of
other Owners. No clothes, sheets, blankets, laundry or any kind of
other article shall be hung out of a building or exposed on a patio,
deck or balcony or on any part of the Caiman Area. The Common Area
shall be kept free and clear or rubbish, debris and other unsightly
materials,
�---� Section 7. Advertising Signs. All "For Sale ", "For Rent" or
"For Lease" signs placed by any Owner on any part of the Properties or
e in any building therein will conform to such regulations which specify
size, shape, color and placement as may be adopted by the Board of
Directors, but in no event will any sign be larger than eighteen
inches (18 ") by twenty -four inches (24 "). No other window displays or
advertising shall be maiP Caned or permitted on any Lot.
y Section 8. Garbage Containers. No garbage cans shall be
placed in the Common Areas, except as may be of a design and at a
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ti044proved by the Board of Directors.
Section 9. Parking Areas. accept in designated areas, if
any, parking areas located on the Common Area shall be used for no
purpose other than to park the personal vehicles of Owners', their
guests, tenants and lessees, specifically excluding commercial
vehiclestrailers, campers, recreational vehicles, motor-hcmes and
boats. This prohibition shall not apply to temporary parking of ser-
vice vehicles used for maintenance purposes or temporary parking of
prohibited vehicles for loading and unloading purposes.
Section 10. Common Elements Use. No planting or gardening
shall be done and no fences, hedges or walls shall be erected or main-
tained within the Common Area except as the Board of Directors, in its
sole discretion, may deem appropriate. NO sidewalks, door-steps,
entrances and passageways shall be obstructed, encumbered or used
other than for the ingress or egress to and from units. These
restrictions are for the mutual benefit, safety and protection of all
Owners, residents and visitors.
Section 11. Other Restrictions, Rules and Regulations. The
Association, through its Board of Directors, shall have the authority
to promulgate and publish such additional restrictions, rules and
regulations governing the use of the Common Area, as deemed necessary
to insure the protection and beneficial enjoyment thereof by all
Owners. The Board of Directors shall be empowered to enforce
compliance with the provisions of this Declaration, the By-Laws of the
Association and any rulea and regulations adopted by it.
ARTICLE VIII
CDDEMMIA27.01, LOW OR DEKRUCTION
Section 1. Condemnation. The Association shall represent
the Owners in any condemnation proceeding or in negotiations, settle-
ments and agreements with any condemning authority for acquisition of
the Common Area, or any part thereof. For such purpose, the Owners
hereby appoint the Association as attorney-in-fact. In the event of
such a taking, the award or proceeds of settlement shall be payable to
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the Association for the use and benefit of the Owners and their
martgagees:as their interest may appear.
Section 2. Partial Loss or Destruction. The Association
shall represent the Owners in any proceedings, claims or negotiations
in connection with partial loss or destruction of the aoamon Area.
For such purpose, the Association is named by the Owners as attorney-
in-fact. In the event of any such partial loss or destruction, any
award or proceeds of settlement shall be payable to the Association
for the use and benefit of the Owners and their mortgagees as their
interests
RAY appear.
ARTICLE DC
RIDERS RI(fIS
To the extent permitted by law, lender shall be afforded the
following::, rights:
Section 1. Restoration or Repair. Any restoration or repair
of damaged Lots, after partial condemnation or damage due to an
insurable hazard, shall be performed substantially in accordance with
the Declaration and the original plans and specifications, unless
other action is approved by lenders holding Deeds to Secure Debt on
Lots which have at least fifty -one (51 %) per cent of the votes of Lots
subject to Deeds to Secure Debt.
Section 2. Election to Terminate. Any election to terminate
the legal status of the development after substantial destruction or a
substantial taking in condemnation of the development must require the
approval of the lenders holding Deeds to Secure Debt on Units which
have fifty -one (51%) per cent of the votes of Units subject to Deeds
to Secure Debt.
Section 3. Reallocation of Interest. Unless the formula for
reallocation of interest in the Carron Areas after a partial condem-
nation or partial destruction of the Development is fixed in advance
by applicable law, no reallocation of interest in the Common Area
resulting fran the partial condemnation or partial destruction of the
Development may be effective without the prior approval of lenders
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holding 'Deeds to Secure Debt on all remaining Units whether existing
in whole or in part, and which have at least fifty -one (51%) per cent
of the votes of such remaining units subject to Deeds to Secure Debt.
Section 4. Professional Management. In the event pro -
fessional management has been previously required by any lender or
insurer or guarantor, any decision to establish self management by the
.Association shall require the prior consent of owners of Lots to which
at least sixty -seven (67 %) per cent of the votes in the Association
are allocated and the approval of lenders holding Deeds to Secure Debt
on Units which have at least fifty -one (51%) per cent of votes of
Units subject to Deeds to Secure Debt.
ARTICLE X
MODIFICATION
By recorded supplement, this Declaration may be modified:
(1) By Declarant until such time as Declarant shall have
relinquished control of the Association as provided herein, except
that any modification concerning termination of the legal status of
the development or adding or amending material provisions as described
in paragraph (2) hereof shall require the requisite consent described
in paragraph (2) hereof; and, thereafter;
(2) By the affirmative action of seventy -five (75%) per Dent
of the votes of the Association at a meeting called and held in the
manner prescribed in the By -Laws for amendments thereof; provided,
however, that the consent of Owners to which at least seventy -five
(75%) per cent of the votes of the Association are allocated and the
approval of the lenders holding Deeds to Secure Debt on Lots which
have at least seventy -five (75%) per cent of the votes of Lots subject
to Deeds to Secure Debt shall be required to terminate the legal sta-
tus of the Development. Provided further, however, the consent of the
Owners of Lots to which at least seventy -five (75 %) per cent of votes
in the Association are allocated and the approval of lenders holding
Deeds to Secure Debt on Lots which have at least fifty -one (51%) per
cent of the votes of Units subject to Deeds to Secure Debt shall be
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required to add or amend any material provisions to this Declaration
which establish, provide for, govern or regulate any of the following:
(a) Votes;
(b) Assessments, assessment liens or subordination of such
liens; ..;
(c) Reserves for maintenance, repair and replacement of
Caiman} ,Area or Lots;
(e)
Rights to use of the Common Areal
Responsibility for maintenance and repair;
(f') Expansion or contraction of the development or the addi-
tion, annexation or withdrawal of property to or from the
Development, except as provided hereinbefore;
(g) Boundaries of any Lot;
(h) The interest of the general Common Area;
(i) Canvertibality of Lots into Common Area or Common Area
into Lots;
(j) Leasing of Lots;
(k) impoeition of any right of first refusal or similar
restriction on the right of Lot Owners to sell, transfer or other -
wise convey his or her Lot;
(1) Any provisions which are for the express benefit of len-
ders, holders, insurers or guarantors of First Deeds to Secure
Debt.
(4) Any addition or amendment to this Declaration shall not
be considered material if it is for the purpose of correcting tech-
nical errors, or for clarification only. Any lender who receives a
written request to approve additions or amendments and who. does not
deliver or post to the requesting party a negative response within
thirty (30) days shall be deemed to have approved such request.
IN WITNESS WHEREOF, the undersigned, being the Declarant
herein, has hereunto set their hands and affixed their seals this
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1.9
ted9141 the presence of:
NotarylNalc, Chatham
tY, Ca'
JMES R. St*Wril
I•
JR.
UM'
WALTER T. CUM' JR.
-17-
( L. S )
(L. S. )
M.RKDISK/IS. 1