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Cliffdale Cottages of Fayetteville, a
non-profit North Carolina Corporation, has been organized to provide for the
maintenance, preservation, and architectural control of the Condominium
development's common property through its restrictive covenants. The Association
will be managed by a Board of Directors who will annually elect a President,
Vice-President, Secretary and Treasurer of the Association. The Directors
will be elected by the members of the Association. The owner of each condominium
unit shall automatically become a member of the Association upon acquisition of
an ownership interest in any condominium unit and its accompanying percentage of
common property. Common property is defined as all of the property, other than
the individual units, owned by and maintained for the use and enjoyment of all
the owners of the condominium units. Examples of common property are driveways,
parking areas, sidewalks, stairs, lawn and swimming pool.
Each member of the Association is entitled to one vote equal to his percentage of ownership interest in the common property.
The developer of Cliffdale Cottages Condominiums has the right to select a majority of the Board of Directors until 75% of the units in the development are sold, but no longer than 5 years after the closing of the first unit in Phase I.
Further, the developer has the right to
expand and incorporate into the condominium development up to a maximum of 120 units, including accompanying land and improvements. As additional units and common property are incorporated into the development, additional voting members will be added to the Association, and consequently each member's percentage ownership interest in the
common property will decrease.
To administer properly the operation and management of the development, the Association will incur for the mutual benefit of all of the owners of the condominium units, expenses which will be called "Common Expense." To provide funds necessary for the proper operation of the development, the Association has been granted the right to make, levy, and collect
assessments from each unit owner.
The initial amount of the assessment
will not be more than $90.00 per month until January 1st immediately following the conveyance of the first unit to an owner. After that date, the assessment may be increased by not more than 5% per year without the vote of two-thirds of the members.
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The Association will have the authority to levy special assessments for capital improvements and for failure to comply with the covenants applicable to
Cliffdale Cottages Condominiums.
The annual and special assessments are a charge upon the property owned by each unit owner and are a continuing lien upon the property as well as the personal obligation of the owner of the unit, which may be enforced by appropriate civil proceedings for lien enforcements against the property and/or the owner as allowed by North Carolina law.
The Condominium Association will provide the following services to members.
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Maintenance and upkeep of all common areas, including but not limited to mowing grass and other lawn and shrub upkeep; and the maintenance of a swimming pool.
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Maintenance and periodic resurfacing of all private driveways and parking areas
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The exterior upkeep and maintenance of all buildings, including all necessary painting and repair of outside walls, roof, and exterior building surfaces. Such exterior maintenance shall not include glass surfaces.
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Casualty insurance covering the
building and all common property, and liability insurance.
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Pay the cost of electricity, water and sewer for common property.
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The collection of all garbage.
The Architectural control of Cliffdale
Cottages Condominiums will be exercised by the Board of Directors of the Association or by an architectural control committee appointed by the board. No building, fence, wall or other structure can be built or maintained upon the common property of the Association or the said architectural control committee.
The Association does not provide owner's title insurance or personal liability or personal contents policies; if such insurance is desired, it is the buyer's responsibility to purchase it. |