Transcribed McCarron Covenants
Recently, all of McCarron Way from 7700 – 7805 as well as all of Cranbourne have been incorporated into the McCarron HOA. While they are part of the McCarron HOA they have a separate set of covenants.
Covenants for 7700 – 7805 + Cranbourne (PDF)Below is a hand typed version of the McCarron Covenants. You should be able to search if need be using the find feature on your computer. This is NOT an official copy so please double-check if you have any questions at all about the content below with the scanned PDF version.
Article I
Definitions
Section 1. “Architectural Review Board” shall mean that group of persons selected pursuant to the provisions of Article VII, with the powers described therein.
Section 2. “Association” shall mean and refer to McCarron Homeowners Association, Inc., a North Carolina non-profit corporation, its successors and assigns.
Section 3. “Owner” hall mean and refer to the record owner, whether one of more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers and owners of an equity of redemption, but excluding those having such interest in a Lot solely as security for the performance of an obligation.
Section 4. “Properties” shall mean and refer to the “Existing Property” described in Article II, Section 1 hereof and any additions thereto, as are or shall become subject to this Declaration and any Supplementary Declaration under the provisions of Article II hereof.
Section 5. “common Area” shall mean all real property owned by the Association for the common use and enjoyment of the owners and designated as “Common Open Space” or “common Area”, including but not limited to tennis courts, jogging trails and playground areas, picnic areas, basketball courts and shelters on any plat of the property described on Exhibit A attached hereto and duly recorded in the Mecklenburg County Public Registry in accordance with the provisions of this Declaration. The Common Area to be owned by the Assocition at the time of conveyance of the first lot is described as follows:
Being all of the property designated Common area on the map of McCarron recorded in Map Book 23 at Page 299 in the Mecklenburg County Public Registry.
Section 6. “lot” shall mean and refer to any plot of land, with delineated boundary lines, shown upon any recorded subdivision map of the Properties, with the exception of an Common Area or Common Open space or community well or sewage system lots or easements shown on any recorded map. In the event any Lot is increased or decreased in size by resubdivisions, through recordation of new subdivision plats, any such newly platted Lot shall thereafter constitute a Lot for the purposes of this Declaration.
Section 7. “Declarant” shall mean and refer to East Coast Diversified Capital, Inc. and shall also mean and refer to any person, firm or corporation to which East Coast Diversified Capital, Inc. may assign its rights, as Declarant.
Section 8. “Member” shall mean and refer to every person or entity who holds membership in the Association.
Article II
Property Subject to this Declaration
Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration, irrespective of whether there may be additions thereto as hereinafter provided, is located in Mecklenburg County, North Carolina and isshown on map recorded in Map Book 23 at Page 299 in the office of the Register of Deeds for Mecklenburg County.
This property shall be herein referred to as “Existing Property”.
Section 2. Additions to Existing Property. Additional property may be brought within the scheme of this Declaration and the jurisdiction of the Association in the following ways:
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 assessment.
Section 2. The voting rights of the membership shall be appurtenant to the ownership of the Lots. There shall be two classes of Lots with respect to voting rights:
Article IV
Property Rights
Section 1. Owners’ Easements of Enjoyment. Except as limited by Section 2 of this Article IV, every Owner shall have a right and easement of enjoyment in and to the Common Area established initially and in all future stages or sections of McCarron, which right and easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
Section 2. Delegation of Use
Article V
Covenant for Maintenance Assessments
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properites, 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 improvements; such assessments to be established and collected as hereinafter provided. Any such assessment or charge, together with interest, costs and reasonable attorney fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney fees, shall also be the personal or corporate obligation of the person(s), firm(s), or corporation(s) owning such property at the time when the assessment fell due, but such personal obligation shall not be imposed upon such Owners’ successors in title unless expressly assumed by them. Although unpaid assessment charges are not the personal obligation upon such Owner’s successors in title unless expressly assumed by the successors in title, the unpaid assessment charges continue to be a lien upon the property against which the assessment has been made.
Section s. Purposes of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the Properties and in particular for the acquisition, improvement, and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, including but not limited to, the cost of repair, replacement and additions thereto, the cost of labor, equipment, materials, management and supervision thereof, the payment of taxed assessed against the Common Area, the procurement and maintenance of insurance in accordance with the By-Laws, the employment of attorneys to represent the Association when necessary, payments of principal and interest on funds borrowed for Association purposes, and such other needs as may arise.
Without limiting the generality of the above-described purposes, the assessments levied by the Association may be used for the acquisition, construction, improvement (including landscaping and planting) and maintenance of the following common recreational facilities located or to be located in the Common Area: tennis court or courts, jogging trails, playgrounds, basketball court or courts. Additionally, the assessments may be used to landscape, plant and maintain any planting, sign or entrance-way easements reserved by Declarant on any Lot or portion of Common Area.
Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $150.00 per Class A Lot and $37.50 per Class B Lot.
b. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased without limitation if such increase is approved by no less than two-thirds (2/3) of the votes appurtenant to each class of Lots (Class A and Class B), cast 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 amount not in excess of the maximum; provided, however, that the ratio of the assessment established for each Class A Lot to the assessment established for each Class B Lot shall always be four (4) to one (1); with the assessment with respect to any Class B Lot converted to Class A or reconverted from Class A to Class B to be prorated and charged according to its Class as of the date of each conversion and reconversion.
d. Upon the sale of a Lot by Declarant, the purchaser shall pay to the Association at the closing of the sale that amount of money that is equal to that portion of the annual assessment attributable to the balance of the year in which the closing takes place, at the assessment rate for Class A Lots. Any amount prepaid by the Declarant shall be refunded by the Association. Any Special Assessment made before, but falling due after the date of closing of the sale of a Lot by Declarant shall be paid in full to the Association by the purchaser at the closing of the sale. In addition, such purchaser shall pay an amount equal to one-sixth (1/6) of the initial annual assessment as a contribution to the working capital fund of the Association.
e. Any annual assessment established by the Board of Directors shall continue thereafter from year to year as the annual assessment until changed by said Board.
Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, special assessment(s) for the purpose of defraying, in whole or in part, the cost of any construction, repair, replacement of and additions or improvements to capital improvement(s) (including the common recreational facilities set forth in Section 2 of this Article) upon the common Area, repayment of indebtedness and interest thereon, borrowing of funds to make property comply with the applicable zoning ordinance, borrowing of money for capital improvement and pledging or mortgaging of Association property as security for loans, including fixtures and personal property, related thereto, provided that any such assessment shall have the same assent of the members provided in Section 3(b) of the Article and shall be in the ratio of four (4) to one (1) for Class A and Class B Lots as provided in Section 3 (c) of the Article.
Section 5. Assessment Rate. Both annual and special assessments must be fixed at a uniform rate for each class of Lots and may be collected on a monthly basis should the Board of Directors of the Association so determine, by resolution.
Section 6. Notice of Quorum for any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than thirty (3) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty (6) percent of all the votes appurtenant to each class of lots shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice or requirement, and if the same is called for a date not later than sixty (6) days after the date of the first meeting, the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting.
Section 7. Date of Commencement of Annual Assessments: Due Date: Certificate of payment. The annual assessment provided for herein shall commence as to all Lots which are subject to this Declaration on the first day of the month following the date said Lots became subject to the Declaration. As to Lots shown on the map described in Article II, Section 1, said Lots shall be deemed subject to this Declaration on the date of recording of this Declaration. As to additional Lots described in any Supplemental Declaration(s). The first annual assessment shall be the “maximum annual assessment” set forth in Section 3 of this Article and shall be adjusted according to the number of months remaining in the calendar year. At least thirty (3) days before January 1 of each year, the Board of Directors shall fix the amount of the annual assessment against each Lot and at least fifteen (15) days before January 1 of each year shall be January 1 and the due date for the payment of special assessments shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (3) days after the due date shall bear interest from the die date at a minimum rate of twelve percent (12%) per annum or at the rate established by the Board of Directors at the beginning of the fiscal year of the Association, if higher. The Board of Directors shall be authorized to assess a monthly late change in the event that any assessment is not paid within thirty (30) days after the due date, which late charge shall be added to the amount of the unpaid assessment. The Association may bring an action at law against the owner personally obligated to pay the assessment, interest and late charges or foreclose the lien against the property, and interest, late charges and reasonable attorney fees of such action or foreclosure shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages. The liens provided for herein shall be subordinate to the lien of any first mortgage or first deed of trust on a Lot. Sale or transfer of any Lot shall not affect any assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage or deed of trust, pursuant to a foreclosure thereof or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such assessments as to the payment thereof which became due prior to such sale or transfer. No such sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof, but the liens provided for herein shall continue to be subordinate to the lien of any first mortgage or deed of trust.
Section 10. Exempt Property. All property dedicated to, and accepted by, a local public authority and all properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of North Carolina shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments.
Article VI
Exterior Maintenance
Each Owner shall maintain the grounds and the improvements situated on his Lot, including, but not limited to plantings, landscaping, and lawns, at all times in a neat and attractive manner satisfactory to the Board of Directors of the Association. Upon the Owner’s failure to do so, the Association may, at its option, after approval by a majority vote of the Board of Directors and after giving the owner ten (10) days’ written notice sent to his last known address, or to the address of the subject premises, have the grass, weeds, shrubs and vegetation cut when and as often as the same is necessary in its judgment, and have dead trees, shrubs and plants removed from such Lot, and replaced, and may have any portion of the Lot resodded or landscaped, and all expenses of the Association under this sentence shall be a lien and charge against the Lot on which the work was done and the personal obligation of the then Owner of such Lot. Upopn the owner’s failure to maintain the exterior of any structure, including the roof, in good repair and appearance, the Association may, at its option, after approval by a majority vote of the Board f Directors and after giving the Owner thirty (3) days’ written notice sent to his last known address, make repairs and improve the appearance in a reasonable and workmanlike manner. The cost of any of the work performed by the Association upon the owner’s failure to do so shall be immediately due and owing from the owner of the Lot and shall constitute an assessment against the Lot on which the work was performed, collectible in a lump sum and secured by the lien against the Lot as herein provided.
Article VII
Architectural Control
Section 1. Architectural Review Board. Except for improvements made upon any of the Lots by Declarant or except as otherwise provided under the Declaration, no building, fence, wall or other structure shall be commenced 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 and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant or by an Architectural Review Board composed of three (3) representatives appointed by the Declarant (the “Architectural Review Board”). The areas over which the Architectural Review Board shall have control shall include, but shall not be limited to, the size and plan of the principal residential structure, the location of the principal residential structure on the Lot, the size and plan of any attached or detached garage, the location and manner of construction of any driveway, swimming pool, utility building, patio or other exterior improvement, the composition and color of all materials used on the exterior of any structure, and the location and type of any shrubbery to be planted on any Lot. The Architectural Review Board shall also have control over the removal of any tree or other vegetation from any Lot and no party shall grade, excavate upon or otherwise alter the topography of any Lot or remove any tree or other vegetation therefrom, without obtaining the prior express written approval of the Architectural Review Board. In the event Declarant so elects, it shall no longer be required to participate with respect to the Architectural Review Board or the designation of representatives and upon Declarant’s written notice, a majority of the Owner shall designate and select each member of the Architectural Review Board by “straight” vote (i. e. non-cumulative vote) for each position.
Section 2. Procedure. Any party desiring Architectural Review Board approval of any proposed improvement to any Lot of portion of the Properties shall submit to the Architectural Review Board plans and specifications showing in such detail and manner as the Architectural Review Board shall require the nature, shape, height, materials and location of any such improvement. The Architectural Review Board may, in its sole discretion, require in particular instances that such plans and specifications be accompanied by a plat prepared by a Registered Surveyor showing the location of the proposed improvements on the Lot. All decisions of the Architectural Review Board shall be by a majority vote of the members thereof and shall be based on discretionary determination as to whether any particular improvement is suitable and harmonious with the development of the subdivision The Architectural Review Board’s approval or disapproval of any proposed improvement within thirty (30) days after plans and specifications in such detail as the Architectural Review Board may require have been submitted to it, no approval will then be required and this Section shall be deemed to have been complied with. Subsequent to the approval of any plans and specifications, the Owner shall have the responsibility for making such improvements in accordance with the plans and specifications as approved. Approval by the Architectural Review Board of any proposed improvement shall not constitute or be construed as approval of the structural stability, design or quality of any improvement or the compliance of any improvement with applicable loss and codes.
Article VIII
Use Restrictions
Section 1. Land Use. All Lots shall be used for residential purposes only, except that (i) Declarant and homebuilders may maintain sales offices, models and construction offices on the Properties and (ii) community well or sewage system Lots and easements shall be used to provide utility services to the Properties; and provided further, that a roadway may be constructed across any Lot for the purpose of connecting a street in McCarron to a street in an adjoining subdivision.
Section 2. Building Line Rquirements. Minimum setback lines which may be shown on any recorded plat of the Properties are not necessarily intended to create uniformity of setbacks; they are meant primarily to avoid overcrowding and monotony. It is intended that setbacks may be staggered where appropriate so as to preserve the trees and other natural vegetation, and to ensure each owner the greatest benefit and enjoyment of the common Areas. Any deviation from the building line requirements not in excess of ten percent (10%) thereof shall not be construed as a violation of the building line requirements.
Section 3. Dwelling Size. No dwelling shall be erected or placed on any lot having a heated living area (exclusive of uncovered porches, stoops, terraces, attached garages or carports) of less than 1,800 square feet.
Section 3. Fences. No fence, wall, or hedge shall be erected on any building plot closer to any street line than the building setback line shown on the recorded map. Chain link or other metal fencing is not permitted except that 2” x 4” mesh may be used with split rail fencing to contain animals with the yard. Perimeter fencing shall not have more than fifty percent (50%) of any of its surface closed as viewed from a point on a line of the fence. A wall constructed of brick or stone masonry and used in lieu of a fence is exempt from the openness test. Fencing of a more solid or private nature may be used around patios, wood decks or pools as privacy screens.
Section 4. Temporary Structure and Off Street Parking. No residence of a temporary nature shall be erected or allowed to remain on any Lot, and no trailer, basement, shack, tent, garage, barn or any other building of a similar nature shall be used as a residence on any Lot, either temporarily or permanently. No carports shall be permitted to be maintained on any Lot. Mobile house trailers on or off wheels, vehicles or enclosed bodies of the type which may be placed on or attached to a vehicle, known generally as “campers”, commercial vehicles of any kind operated by a member of the household occupying the dwelling on the Lot and any boats and boat trailers shall not be parked on the street or within the front or side street setback.
Section 5. Nuisances. No noxious or offensive trade or activity shall be carried on upon any Lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dweliing except that dogs, cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes. The number of household pets generally considered to be outdoor pets such as dogs, cats, etc. shall not exceed three (3) in number except for newborn offspring of such household pets which are under nine months of age.
Section 6. Metal Garages, Carports, Buildings and Accessory Structures. No metal garages, carports of metal or other material, metal buildings or metal accessory structures shall be erected on any Lot or attached to any residence building located on any Lot. No above-ground swimming pools shall be permitted on any Lot. The interior walls of any garage must be “finished” if the doors to the garage face the street upon which the structure is located.
Section 7. Signs. No sign of any kind shall be displayed to the public view on any Lot of Common Area with the exception of a single sign of not more than five (5) square feet advertizing the property for sale or rent or signs used by the Declarant or builders to advertise the property during the construction and sales period.
Section 8. Unintentional Vioaltions. In the event of the unintentional violation of any of the building line restrictions set forth herein, Declarant reserves the right, by and with the mutual written consent of the Owner or Owners for the time being of such Lot, to change the building line restrictions set forth in the instrument; provided, however, that such change shall not be in violation of any provisions of the applicable zoning code, unless a variance is granted by the applicable Board of Adjustment.
Section 9. Satellite Dishes or Discs and Solar Panels. No radio or television transmission or reception towers, antennas, or discs shall be erected on a Lot other than customary antennae, which shall not extend more than ten (10) feet above the top roof line ridge of the dwelling. In no event shall freestanding transmission or receiving towers or discs or dishes be permitted. No solar panels shall be installed on the front roof plane or of any structure or in any manner so as to be visible from the street upon which the structure is located fronts.
Section 10. Maintenance of Lot. Each Owner shall maintain the grounds and improvements situated on each Lot as required in the Declaration. No clotheslines may be erected or maintained on any Lot other than a clothesline located directly behind the residence. All garbage cans, lawnmowers and similar equipment shall be kept in an enclosed structure or screened by adequate planting or fencing so as to conceal same from the view of neighboring owners and streets. Incinerators for garbage, trash or other refuse shall not be used or permitted to be erected or placed on any Lot. No Lot shall be used in whole or in part for storage of rubbish of any character whatsoever and no trash, rubbish, stored materials, wrecked or inoperable vehicles or similar unsightly items shall be allowed to remain on any Lot outside of an enclosed structure; provided, however, that the foregoing shall not be construed to prohibit temporary deposits of trash, rubbish and other debris for collection by governmental or other similar garbage and trash removal units.
Section 11. Subdivision Entrances. Declarant, for itself, its successors and assigns, reserves an easement on Lot 107 and on the tract designed McCarron HOA common open space, both shown on map recorded in Map Book 23 at Page 299, for the purpose of constructing, maintaining and reconstructing of subdivision entrance signs and fences and for the purpose landscaping the area around the signs. The exact location of the signs and fences shall be determined by Declarant, but shall not be changed once established. The owner of any Lot subject to such easement shall maintain the area around the signs not maintained or landscaped pursuant to this easement. Declarant shall have the right to assign this easement to the Association or a garden club. The reservation of this easement imposed no obligation on Declarant, its successors and assigns, to continue to maintain the landscaping and entrance signs.
Article IX
Easements
Easements for installation and maintenance of driveway, walkway, parking area, water line, gas line, cable television, telephone, electric power line, community water, sanitary sewer and storm drainage facilities and for other utility installations are reserved as shown on the recorded plat. Further, easements ten feet in width for such purposes are reserved over, under and through and along the rear lot lines of all Lots shown on recorded plats and easements five feet in width for such purposes are reserved over, under and through and along all side lot lines of all Lots shown on recorded plats, as well as temporary easements five feet in width along the front lot lines for construction, maintenance and repair purposes. In the event it is determined that other and further easements are required over any Lot or Lots in locations not shown on the recorded plat and not along rear or side Lot lies, such easements may be established by the Declarant except that if any such easements are reserved or established after the conveyance of a Lot or Lots to be affected thereby, the written assent of the Owner or Owners of such Lot or Lots and of the trustees and mortgagees in deeds of trust constituting a lien thereon shall be required. The Association may reserve and grant easements for the installation and maintenance of sewerage, utility, including CATV, and drainage facilities over, under and through the Common Areas as provided in Article IV, Section 1( c ). Within any such easements above provided for, no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation of sewerage disposal facilities and utilities, or which may change the direction of flow or drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. An Easement is reserved for the Association to go onto any Lot for the purpose of enforcing the provisions of Article VI.
Article X
General 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 any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do 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. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty-five (25) years from the date this Declaration is recorded, after which time, they shall be automatically extended for successive periods of one (1) year. This Declaration may be amended in full or in part during the first twenty-five year period by an instrument signed by the Owners of not less than eighty percent (80%) of the Lots and thereafter by an instrument signed by the Owners of not less than sixty-seven (67%) of the Lots. No amendment shall be effective until properly recorded in the office of the Register of Deeds or Mecklenburg County, North Carolina. For the purpose of this Section, additions to existing property as provided in Article II, Section 2 hereof shall not constitute and “amendment”.