Amendment to Declaration of Covenants, Conditions, and Restrictions
This AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BANBURY WOODS SUBDIVISION is made as of this ____ day of __________, 2004, by the undersigned, representing a majority of the Lot Owners in Banbury Woods Subdivision.
W I T N E S S E T H:
WHEREAS, Raven Ridge Associates, a North Carolina general partnership, A. Hardy Mills Builder, Inc., a North Carolina corporation, Schenk Construction Company, a North Carolina corporation, and Byron Glenn Mitchell and his wife, Dee Green Mitchell, both residents of Wake County, North Carolina (collectively referred to as “Declarant”), recorded a Declaration of Covenants, Conditions and Restrictions for Banbury Woods Subdivision on August 20, 1985 in Book 3539, Page 725, of the Wake County Registry; and
WHEREAS, the Declaration provided in Article XVI thereof that the covenants set forth in the Declaration could be changed in whole or in part upon the recording of a written consent signed by a majority of the then Owners of the lots in Banbury Woods Subdivision; and
WHEREAS, a majority of the Lot Owners desire to amend the Declaration as provided in Article XVI of the Declaration by written consent as set forth herein below;
NOW, THEREFORE, the undersigned do hereby declare that the Declaration is hereby amended as follows:
1. Article III of the Declaration is amended by rewriting the paragraph to read as follows:
“Site and Plan Approval. No building, fence, swimming pool, or any other structure shall be erected, placed, or altered on any premises (including, without limitation, changing materials, or color of any exterior portion of any such improvements), in said development until the building plans, specifications, and plot showing the location of such improvements, have been approved in writing as to conformity and harmony of external design with existing improvements in the development, and as to location of the improvements with respect to topographs and finished ground elevation by an architectural committee (the Architectural Committee) composed of three persons designated and appointed by Raven Ridge Associates (“Raven Ridge”) or its assigns. In the event said committee fails to approve or disapprove such design or location within thirty days, after said plans and specifications have been submitted to it, such approval will not be required and this covenant will be deemed to have been fully complied with. Members of such committee shall not be entitled to any compensation for services performed pursuant to this covenant.”
2. Article VIII of the Declaration is amended by rewriting the last sentence thereof to read as follows:
“. . .No lot or dwelling constructed thereon shall be used for any purpose which is not permissible under applicable governmental residential zoning regulations. No business trade or activity may be conducted on any lot with the exception of a limited office at home if permitted by the Board of Directors of the Association.”
3. Article X of the Declaration shall be amended by rewriting the paragraph to read as follows:
“Fences. No fence, wall hedge, or mass planting shall be permitted to extend beyond the front of any dwelling or beyond the minimum building front setback line or within 50 feet of any street right of way line established herein except upon approval by the Architectural Committee. No fence of any kind whatsoever, including but not limited to chain link and wire fencing, shall be installed or erected without the prior approval of the Architectural Committee; provided however, under no circumstances shall a chain link or wire fence be approved that is visible from the street.”
4. Article XII of the Declaration is hereby amended by rewriting the paragraph to read as follows:
“Appearance. Each Owner shall keep his building site free of tall grass, undergrowth, dead trees, trash and rubbish and his property maintained so as to present a pleasing appearance. No trash, rubbish, stored materials, wrecked, abandoned or inoperable vehicles, or similar unsightly items shall be allowed to remain on any lot. In the event an Owner does not properly maintain his lot as above provided, in the opinion of the Architectural Committee, then the Association may have the required work done and the costs thus incurred shall be paid by the Owner.”
5. The last sentence of Article XIV is amended by rewriting the sentence to read as follows:
“. . . Owners of lots shall not be permitted to park boats, trailers, campers and all similar property on the streets in the development, and such property shall be parked in a garage or screened area which is approved by the Architectural Committee in accordance with rules governing such items adopted by the Board of Directors of the Association.”
6. Article XVII of the Declaration is amended by adding a new sentence, to become a second sentence, to read as follows:
“Notwithstanding anything herein to the contrary, the Board of Directors of the Banbury Woods Homeowners Association shall have the power to enforce any of the provisions of this Declaration of Covenants, Conditions and Restrictions and in furtherance thereof, without waiving any other legal or equitable remedies, may impose and levy reasonable fines and penalties for the violation of any of the provisions of this Declaration, the Declaration of Covenants, Conditions and Restrictions for Common Properties in Banbury Woods Subdivision and Provisions of Banbury Woods Homeowners Association, and the By-Laws and duly adopted rules and regulations of the Association.”
7. Pursuant to Article XVI of the Declaration, this amendment shall be effective upon recordation in the Wake County Public Registry.
8. Except as amended hereinabove, the remaining provisions of the Declaration, as previously amended, are hereby confirmed and acknowledged in every respect.
IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed on the date first above written.