Covenants

The LSHOA Board uses the Declaration of Covenants as its guide for the Architectural Review Process. The articles in the document that pertain to the ARP are posted here for your reference, especially if you are considering changes to your property (fences, additions, carports, garages, walls, etc.). The articles posted below also contain the portions of the document that pertain to "maintaining harmony in the neighborhood."

Hard copies of the complete document are available from the Board President (click on the Contact Us tab).  The original document (recorded May 15, 1986) is on record in the vault at the Orange County Register of Deeds office in Hillsborough.  Call Register of Deeds:  919-245-2702.  On-line document search site shows that the instrument is on file but you are directed to phone the Register of Deeds office for a copy: http://roam.orangecountync.gov/orangeweb/search.do   Search name:  Group 6, Inc.  Date:  May 15, 1986.  Instrument #:  19860515000058960. 

Declaration of Covenants, Conditions and Restrictions

Article VI  (Book 574, Pages 45 - 48  / Orange County, NC Register of Deeds)

Architectural Control, Maintenance and Use Restrictions

Requires 75% Lot owner approval (one vote per Lot) to change/amend Covenants & Restrictions.

  Please contact ARC members and / or Board Members if you have questions or concerns.

Section 1.  Approval of Plans and Architectural Committee.  No building, fence, wall or other structure or improvement of any nature whatsoever shall be commenced, 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 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 Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board.  In the event said Board, or its designated committee, 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 with.  The said Board, or its designated committee, shall have the right to charge a reasonable fee for receiving each application for approval of plans and specifications in an amount not to exceed Twenty-Five Dollars ($25.00).  Upon giving approval to such plans and specifications, construction shall be started and prosecuted to completion promptly and in strict conformity with such plans as have been previously approved by the said Association, or its designated architectural committee, and the Association shall be entitled to stop any construction which is in violation of these restrictions.

In addition, topographical and vegetation characteristics of property within Laurel Springs shall not be altered by excavation, grading, removal, reduction, addition, clearing, cutting, pruning, seeding, planting, transplanting, or any other means without the prior written approval of the Board, or its designated committee. (Interpreted in context of clearing lots for construction of dwelling, fence or other structure.)  In addition, the Board, or its designated Committee, may, at its election, require prior written approval for a landscape plan.  Refusal or approval of plans of any alteration of topographic or vegetation characteristics may be based by the Board, or its designated committee, upon any ground, including purely aesthetic considerations, for which the Board, or its designated committee, reserve complete discretion.  In the event said Board, or its designated committee, fails to grant their approval within 30 days after receipt of a written request, approval will not be required, and this Article will be deemed to have been fully complied with.

Section 2.  Each owner shall provide a screened area to serve as a service yard, and an area in which garbage receptacles, fuel tanks, or similar storage receptacles, electric and gas meters, air conditioning equipment, clothes lines, and other unsightly objects must be placed or stored in order to conceal them from view from the road and adjacent properties.  Plans for such screened area delineating the size, design specifications, exterior color or finish, and location, must be approved by the Board, or its designated committee. Garbage receptacles and fuel tanks may be located outside of the screened area only if located under ground, and such underground garbage receptacles and fuel tanks and their location must likewise be approved by the Board, or its designated committee, prior to construction. (Some builders complied with this more closely than others.  It is strongly encouraged to keep trash/recycle bins out of sight when not at the curb for pick up.)

Section 3.  No mail box shall be erected or maintained on any property until the proposed mail box design, color and location have been approved in writing by the Board, or its designated committee.  (Originally, the developer provided the mailbox posts to the original homeowners.  All but 2 or 3 homes in the neighborhood still have this matching style mailbox post.  It is more substantial than the ones you find at Lowes or Home Depot.  It’s probably a good idea to discuss how we’re going to handle this going forward, as the posts deteriorate & people look to replace them.)

Refusal or approval of design, color, or location may be based by the Board, or its designated committee, upon any ground, including purely aesthetic considerations, which in the sole and uncontrolled discretion of the Board, or its designated committee, seems sufficient.  No alteration in the exterior appearance of any mail box shall be made without like prior writeen approval by the Board, or its designated committee.  (No apparent desire coming from residents for Board to enforce the choice of the box receptacle.)  The Board, or its designated committee, further reserves the right to establish uniform mail box regulations which shall define standard design criteria for all mail boxes erected upon any property in Laurel Springs.

Section 4.  Land Use and Building Type.  No lot shall be used except for residential purposes only.  No building shall be erected, altered, placed or permitted to remain on any Lot other than one (1) single family dwelling not to exceed 2 stories in height.

Only one single family dwelling or replacement thereof shall be placed upon each lot as designated on the said plat and no such lot shall be further subdivided by future owners for the purpose of accommodating additional dwellings, provided, that this clause shall not be interpreted as denying a contiguous property owner the right to exchange with, or sell to, another contiguous property owner a small part of his lot for the purpose of improving the shape or dimension of the said lot or the building site thereon and, provided further, that the area so sold or exchanged shall be added to and become a part of the adjacent lot and the said lots, as altered, shall be subject to the restrictions and covenants as contained in this agreement and, provided further, that tow or more adjoining property owners may subdivide their lots between them provided no additional building sites are created.

Section 5.  Nuisance.  No noxious or offensive activity shall be conducted upon any Lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.  No trash, rubbish, stored materials, wrecked or inoperable vehicles or similar unsightly items shall be allowed to remain on any Lot outside an enclosed structure; provided, the foregoing shall not be construed to prohibit temporary deposits of trash, rubbish and other such debris for pick up by governmental or other similar garbage and trash removal service units.  In the event any Owner fails or refuses to keep his Lot free from unsightly objects, weeds or underbrush in a manner satisfactory to a majority of the Board of Directors of the Association, the Association may, through its agents or representative, five (5) days after posting a notice on such Lot or mailing a notice to the Owner thereof at his property address requesting the Owner to comply with the requirements of this Section, enter and remove any and all unsightly objects, debris or other vegetation at Owner’s expense and Owner, by acquiring any Lot subject to this Declaration, agrees to pay such costs incurred by the Association in the enforcement of this Section promptly upon demand.  No such entry as provided herein shall be deemed a trespass.

Section 6.  Animals.  No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided they are not kept or maintained for commercial purposes, and provided that such pets shall at all times be under the control of its owner. (See Orange County Animal Control Ordinance for definitions of "nuisance" and "restraints."  More info. & link to the entire Orange County Animal Control Ordinance on the Animal Control Info. page.)

Section 7.  Outside Antennas.  No outside radio or television antennas shall be erected on any Lot or dwelling unit within the Properties unless and until permission for the same has been granted by the Board of Directors of the Association or its architectural control committee.

Section 8.  Signs.  No signs of any kind shall be displayed to the public view on any Lot except one sign of not more than five (5) square feet advertising the property for sale or rent or signs used by the Declarant or its agent to advertise the property during the construction and sales period.  (We post reminder signs for recycling dates, PORCH pick ups, dues and annual meetings.  Yard sale signs are allowed but we ask that they are removed promptly after the sale date.)

Section 9.  Use of Common Areas.  No planting or gardening shall be done upon any Common Area unless authorized or permitted by the Board of Directors of the Association.

Section 10.  Responsibility for Maintenance.  Unless the same are dedicated to and accepted by the appropriate municipal authority, maintenance responsibility for the private and driveway as shown on all recorded maps shall be the Association’s. (All streets in Laurel Springs are state-owned and maintained roads.  This was written before developer had applied to have them all taken over by the state.)

Section 11.  Rules and Regulations.  The Board of Directors of the Association shall have the power to formulate, publish and enforce reasonable rules and regulations concerning the use and enjoyment of the front yard space of each lot and the Common Area.

Section 12.  Size of Buildings.  No building placed on a lot shall contain less than 1,600 square feet of usable floor space.  (Minimum size house square footage.)

The portion of the Covenants that addresses Assessments 
 Posted below for easy on-line reference:

Note:  Board past practice has been to set and announce annual dues in November - December, with a Feb. 1 due date.  A 5% annual increase is the norm to cover expenses and keep a reserve on hand in attempt to avoid special assessments.  General consensus expressed by the Membership has been to finance any major renovations, improvements, repairs, with a loan, if such reasonable financing is available,  to spread the costs over time and to keep a special assessment, if any, to a minimum.

ARTICLE V

COVENANT FOR MAINTENANCE ASSESSMENTS

BOOK 574 PAGES 41 – 45

Section 1.  Creation of the Lien and Personal Obligation of Assessments.  The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, 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.  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 continuing lien upon the property against which each such assessment is made.  Each such assessment, together with interest, costs and reasonable attorney’s fees, shall also be the personal obligation of the Owner of each Lot, and such personal obligation, whether for any delinquent assessments and/or all future assessments, shall remain the personal obligation of such Owner and shall not pass to any successor in title unless expressly assumed by him in accordance with the provisions of this Declaration.

Section 2.  Purpose of Assessments.  The assessments levied by the Association shall be used to provide funds for such purposes as the Association may determine or for the benefit of its members, which purposes may include the maintenance, landscaping and beautification of the Common Areas, as well as any charges related to the installation of cable television lines for the benefit of the property.  Funds may also be used to provide other services for the Association members to promote the health, safety and welfare of the residents of Laurel Springs, and in particular for the acquisition, improvement and maintenance of Properties, services and facilities related to the use and enjoyment of the Common Area, including but not limited to the cost of repair, replacement and additions thereto; the payment of taxes assessed against the Common Area, the procurement and maintenance of insurance on Association owned property, the employment of attorneys, accountants and other professionals to represent the Association when necessary or useful, the employment of security personnel and the provision of any service which is not readily available from any governmental authority.

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 One Hundred and Forty Dollars ($140.00) per Lot. 

(a)   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 each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership. 

(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 above five percent (5%) 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 amount not in excess of the maximum.

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 Common Area, including fixtures and personal 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 purpose of taking any action authorized under Section 3 or 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 members or proxies entitled to cast sixty percent (60%) 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 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 special assessments must be fixed at a uniform rate for all Lots.  The said assessments may be collected on a monthly basis.

Section 7.  Date of Commencement of Annual Assessments.  Due Dates.  The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common 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 Lot at last thirty (30) days in advance of each annual assessment period.  Written notice of the annual assessment shall be sent to every Owner subject thereto.  The due dates 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 above have been paid.

Section 8.  Effect of Nonpayment of Assessments:  Remedies of the Association.  Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the then maximum legal rate and to the extent permitted by law.  The Association, its agent or representative, may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs and reasonable attorney’s fees of such action of 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 to the Lien of Mortgages.  The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage.  Sale or transfer of any Lot shall not affect the assessment lien.  However, the sale or transfer of any Lot pursuant to any first mortgage foreclosure under a power of sale 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 assessments thereafter becoming due or from the lien thereof.

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.

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