Covenants

Kure by the Sea Homeowner's Association

COVENANTS

BK: RB 6558
PC: 539 - 549 NC FEE $26.00
2022015273
RECORDED NEW HANOVER COUNTY

TAMMY THEUSCH PIVER

03:31:56
BY: ANDREA CRESWELL REGISTER OF DEEDS
ASSISTANT
ELECTRONICALLY RECORDED

Prepared By & Return to:           Charles D. Meier, Marshall, Williams & Gorham, LLP 430 Eastwood Road
430 Eastwood Road, Suite 200, Wilmington, NC 28403
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER

AMENDMENT TO AND RESTATED DECLARATION OF
KURE BY THE SEA HOMEOWNERS ASSOCIATION, INC.

This Amendment to and Restated Declaration of Kure by the Sea
Homeowners Association, Inc. ("Amendment") is made and entered into as
of this 7th day of April 2022 by Kure by the Sea Homeowners Association,
Inc. ("Association").

WITNESSETH:

A. The Association is the property owners' association charged with
the responsibility for the operation of that certain real property known as
"Kure By the Sea" located in New Hanover County, North Carolina, and
described in a Declaration of Covenants, Restrictions and Conditions of Kure
By the Sea recorded in Book 1457, Page 1345, New Hanover County
Register of Deeds ("Declaration"), and previously amended by instruments
recorded in Book 1535, Page 47, Book 1631, Page 1440, Book 1631, Page
1442, and Book 5927, Page 2781, New Hanover County Register of Deeds.

B. Said Declaration provides in Article 11, that the Declaration can
be amended by a vote of a majority of the Owners of the Lots subject to the
Declaration. There are 45 Owners of Lots subject to the Declaration.

C. The Amendment set forth below has been adopted by a vote of
24 Owners of the Lots subject to the Declaration in favor of the Amendment
at the Annual Meeting held on April 2, 2022 and has otherwise been properly
adopted and approved as required by the Bylaws and Articles of
Incorporation, as applicable.

D. That the President of the Association has been duly authorized
and empowered to execute this Amendment and to cause the same to be
recorded in the New Hanover County Register of Deeds as the binding act of
the Association, its Owners, and Board of Directors.

Now therefore, in consideration of the recitals set forth above, and as
the act and deed of the Association, its Owners and Board of Directors, the
Declaration is hereby amended, restated, modified, and replaced as set forth
below:

1. DEFINITIONS.
(a) "Property" means all the Lots, easements, and common areas, including
but not limited to Lot 18, Phase 1 of Kure by the Sea, Map Book 29, Page
151, New Hanover County Registry, and the Lots described in subparagraph
(b) below.

(b) "Residential Lots" or "Lots" means Lots 23-51, Map Book 29, Page 151,
and Lots 45-50 and Lots 66-78, Map Book 31, Page 290, Lot 51, Map Book
34, Page 6, and Lots 79-81, Map Book 35, Page 52, New Hanover County
Registry.

(c) "Association" shall mean Kure by the Sea Homeowners Association, Inc.,
a North Carolina non-profit corporation.

(d) "Restrictions" or "Declaration" shall mean the restrictions and covenants
set forth in this Amendment.

2 APPLICABILITY. These Restrictions shall apply to all of Lots 23-51, Map
Book 29, Page 151, Lots 45-50 and Lots 66-78, Map Book 31, Page 290, Lot
51, Map Book 34, Page 6, and Lots 79-81, Map Book 35, Page 52, New
Hanover County Registry.

3. (a) RESERVATIONS. The Association reserves the right to change, alter
or designated roads, utility, and drainage facilities, and to change, alter or
redesignate such other present and proposed amenities or facilities as may,
in the sole judgment of the Association, be necessary or desirable. Provided,
however, no such changes shall be deemed to affect any Lots previously
conveyed by the declarant.

(b) VARIANCES. The Association and/or the Architectural Review
Committee appointed by the Association shall have the power to and may
allow adjustments to the conditions and restrictions herein in order to
overcome practical difficulties and prevent unnecessary hardships in
application of the regulations contained herein, provided, however, that such
is done in conformity with the intent and purposes hereof, and provided,
also, that in every instance such variance or adjustment will not be
materially detrimental or injurious to the other property or improvements in
the neighborhood. Variances and adjustment of height, size and setback
requirements may be granted hereunder.

(c) BUILDING AND SITE IMPROVEMENTS. No buildings, fence, wall,
bulkheading or other structure shall be erected, placed or altered on any
residential Lot, nor shall the grade or elevation or physical characteristics
including, but not limited to, slopes, dunes, and tree growth, on any such
Lot, or portion thereof, be altered in any way whatsoever, until the proposed
building plans, specifications, exterior colors and finishes, including brick
siding, etc., site and landscaping plans (showing the proposed location,
height and orientation of such building or structure, drives, parking areas,
and proposed alterations to the grade elevation or physical characteristics of
the site), and construction schedule shall have been approved in writing by
the Association. Provided however, that any Owner making any repair or
replacement of any structure or landscaping on a Lot that is the same as the
existing structure or landscaping, for example, repainting a dwelling the
same color or re-roofing the dwelling with the same color and type of
shingles, does not need to obtain Architectural Review Approval but is
required to provide the Architectural Review Committee written notice of the
repair or replacement. A reasonable fee for the review of said plans may be
required, along with said plans and any other supporting documents required
by Architectural Review Committee and the Board may further require a
deposit to be posted prior to the commencement of any construction or
work, which sum shall be used as security for any fees, fines or penalties or
other violations of the Declaration incurred during construction or work. Any
sums remaining at the completion of construction shall be returned to the
Lot owner. Refusal of approval of any such plans, location or specifications
may be based by the Association upon any grounds including purely
aesthetic and environmental considerations, that in the sole and
uncontrolled discretion of the Association shall seem sufficient. Without the
prior written consent of the Association, no changes, or deviations in or from
such plans or specifications as approved shall be made. No alterations in the
exterior appearance of any building or structure, or in the grade, elevation

or physical characteristics of any Lot shall be made without like approval of

the Association. One (1) copy of all plans and related data shall be furnished

to the Association for its records. The Association shall not be responsible for

any structural or other defects in plans or specifications submitted to it or in

any structure erected according to such plans and specifications. No more

than 1686 square feet of any Lot shall be covered by structures and/or

paved surfaces, including walkways or patios of brick, stone, slate or similar

materials, except as to Lots 24, 27, 29, 37, 38 and 67, as set forth in the

First Amendments to Declaration recorded in Book 1631, Pages 1440 and

1442, New Hanover County Register of Deeds this covenant is intended to

insure continued compliance with storm water runoff rules adopted by the

State of North Carolina, and therefore this provision may be enforced by the

State of North Carolina through its duly authorized agencies.

4. APPROVAL OF PLANS
(a) No house plans will be approved unless the proposed house will have

the minimum required square footage of enclosed dwelling area. The term

"enclosed dwelling area" as used in the minimum size requirements shall

mean the total enclosed area within a dwelling; provided, however, that

such term does not include garages, terraces, decks, open porches, and like

areas. The minimum enclosed dwelling area shall be 2,000 square feet.

(b) KURE BY THE SEA BUILDING SETBACK REOUIRMENTS Since the

establishment of standard inflexible building setback lines for location of

houses on Lots tends to force construction of houses both directly behind

and directly to the side of other homes with detrimental effects on privacy,

view of the ocean, preservation of land contour, important trees and other

vegetation, ecological and related considerations, variances for these specific

setback guidelines are permitted under these Restrictions in paragraph 3 (b)

hereinabove. In order to assure, however, that the foregoing considerations

are given maximum effect, the Association reserves the right to control and

approve absolutely the site, location, orientation, and floor elevation of any

house or dwelling or other structure upon any Lot. Planting in areas outside

the designated building site is limited to grass, flowers, and shrubs all of

which must be approved in writing by the architectural review committee.

(c) The exterior of all houses and other structures must be completed

within twelve (12) months after the construction of same shall be

commenced, except where such completion is impossible or would result in

great hardship to the owner or builder due to strikes, fires, national

emergency, or natural calamities.

(d) Service rooms, garages and shower facilities may be placed below the

first living floor provided suitable screening is provided.
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(e) Each Lot owner shall provide receptacles for garbage, in a screened area

not generally visible from the road.

(f) Subject to any other limitations imposed by the zoning ordinance of the

town of Kure Beach, no structure, except as hereinafter provided shall be

erected, altered, placed, or permitted to remain on any residential Lot other

than a detached single-family dwelling not to exceed two and one-half (2

1/2) stories in height, unless the Association approves in writing a structure

of more than two (2) stories pursuant to paragraphs 3(b) and 4(a) hereof.

No building or other structure, or part thereof, at any time situated on such

residential Lots shall be used as a professional office or charitable or

religious institution, or for business or manufacturing purposes, or for any

use whatsoever other than residential and dwelling purposes as aforesaid;

and no duplex residence or apartment house shall be erected or placed on or

allowed to occupy such residential Lots and no building shall be altered or

converted into a duplex residence or apartment house thereon. In addition,

no residence shall be converted to or marketed under a time-share plan as

defined by the General Statutes of North Carolina.

(g) If the finished building or other structure does not comply with the

submitted plans and specifications, the Association retains the right to make

the necessary changes at owner's expense, and the further right to file

under the North Carolina lien laws for any costs incurred.

5. RESIDENTIAL USE.
(a) All of the above described Lots shall be used for residential purposes

exclusively.
(b) No trailer, tent, mobile home, boat, or other structure of a temporary

character shall be placed upon any Lot at any time, provided, however that

this prohibition shall not apply to shelters used by the contractor during the

construction of the main dwelling house, it being clearly understood that

these latter temporary shelters may not, at any time, be used as residences

or permitted to remain on the Lot after completion of construction.

(c) No fuel tanks or similar storage receptacles may be exposed to view.

Any such receptacles may be installed only within a screened area, or buried

underground; provided, however, that nothing contained herein shall

prevent the Association from erecting, placing, or permitting the placing of

tanks, or other apparatus, on the property for uses related to the provision

of utility or other services.
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6. MAINTENANCE.
(a) It shall be the responsibility of each Lot owner to prevent the

development of any unclean, unsightly, or unkempt conditions of buildings

or grounds on such Lot which shall tend to substantially decrease the beauty

of Kure by the Sea or the value of any other Lots.

(b) No noxious, illegal, dangerous, or offensive activity shall be carried on

upon any Lot, nor shall anything be done thereon tending to cause,

substantial discomfort, annoyance, or nuisance to the owners of any Lot. No

rubbish, refuse, or garbage shall be allowed to accumulate on any Lot and

no fire hazard shall be allowed to exist on any Lot. There shall not be

maintained any plants or animals, or device or thing of any sort whose

normal activities or existence is in any way noxious, illegal, dangerous,

unsightly, unpleasant or of a nature as may diminish or destroy the

enjoyment of the owners of any Lots. The Board of Directors, in its sole

discretion, shall have the power and authority to decide what acts or

omissions constitute a nuisance or a violation of this Section, despite the

subjective nature of such decisions.

7. ENTRY. The Association reserves for Itself, its successors and assigns,

and its agents the right to enter upon any residential Lot upon prior written

notice, such entry to be made by personnel with tractors or other suitable

devices, for the purpose of mowing, removing, cleating, cutting or pruning

underbrush, hedges weeds or other unsightly growth, or for the purpose of

building or repairing any land contour or other dune work, which in the

opinion of the Association detracts from or is necessary to maintain the

overall beauty, ecology, setting and safety of the property. Such

entrance shall not be deemed a trespass. The Association and its agents

may likewise enter upon any Lot to remove any trash which has collected

without such entrance and removal being deemed a trespass. The provisions

in this paragraph shall not be construed as an obligation on the part of the

Association to undertake any of the foregoing.

8. MISCELLANEOUS EASEMENTS, The Association reserves unto itself,

its successors and assigns, a perpetual, alienable and releasable easement

and right on, over and under the ground with men and equipment to erect,

maintain, inspect, repair and use wires, cables, conduits, sewers, water

mains and other suitable equipment for the conveyance and use of electricity

and telephone equipment, gas, sewer, water or other public conveniences of

utilities on, in or over the rear ten (10) feet of each Lot as shown on the

recorded plat. This easement and right expressly includes the right to cut

any trees, bushes, or shrubbery, make any grading of the soil, or to take

any other similar action reasonably necessary to provide economic and safe

utility installation and to maintain reasonable standards of health, safety,

and appearance. Such rights may be exercised by any licensee of the

Association, but this reservation shall not be considered an obligation of the

Association to provide or maintain any such utility service.

9. SUBDIVIDING. No Lot shall be subdivided, or its boundary lines

changed except with the prior written consent of the Association.

10. MEMBERSHIP IN THE ASSOCIATION. By the recording of the deed

to his or her. Lot, the Lot purchaser becomes and agrees to become a

member of the Kure by the Sea Homeowners Association, Inc. and agrees to

abide by, and be subject to, the charter and by-laws of the Association and

these restrictions.
11. AMENDMENT. The Declaration may be amended only by affirmative

vote or written agreement signed by Lot owners of Lots to which at least a

majority of the votes in the Association are allocated. No action to challenge

the validity of an amendment adopted pursuant to this Article may be

brought more than one year after the amendment is recorded. Any

Amendment to the Declaration shall be recorded in the New Hanover County

Registry and is effective upon recordation.
12. VIOLATIONS. In the event of a violation or breach of any of these

Restrictions by any Lot owner, or agent of such owner, the Association, or

owners of any other property in Kure by the Sea, all phases, or any of them

jointly or separately, shall have the right to proceed at law or equity to

compel a compliance with the terms hereof or to prevent a violation or

breach. In addition to the foregoing, the Association shall have the right,

whenever there shall have been built on any Lot any structure which is in

violation of these Restrictions to enter upon the Lot on which said violation

exists and summarily abate or remove the same at the expense of the

owner, if thirty (30) days after written notice of such violation it shall not

have been corrected by the owner. Any such entry and abatement for

removal shall not be deemed a trespass. The failure to enforce any right,

reservations, restrictions, or condition contained in their restrictions,

however, long continued, shall not be deemed a waiver of the right to do so

hereafter as to the same breach, or as to a breach occurring prior or

subsequent thereto and shall not bar or affect its enforcement.

13. DEDICATION TO PUBLIC USE. Nothing in these restrictions, nor in

the recording of any plat or deed pursuant hereto, shall dedicate (or be

deemed to dedicate) to public use any of the streets, common lands, or

other grounds within Kure by the Sea.

14. No mailbox or paper box or other or other receptacle of any kind for use

in the delivery of mail or newspaper or magazines or similar material shall

be erected or located on any building Lot unless and until the size, location,

design, and type of material for said box or receptacle shall have been

approved by the Association. New and replacement mailbox design shall

consist of a post with a perpendicular bracket on which a standard size

mailbox shall be attached to the top of the bracket. The post shall be no

more than sixty-five (65) inches tall. Per Post Office regulations the bottom

of the mailbox bracket must be forty-two (42) inches from the ground. Both

post and bracket shall be white. The mailbox shall be standard in size and

meet Post Office regulations. The box shall be black.

15. Exterior radio and television aerials for reception of commercial

broadcasts shall not be permitted in Kure by the Sea; and no other aerials

(for example, without limitation, amateur short waive or ship to shore) shall

be permitted in Kure by the Sea without permission of the Association as to

design, appearance, and location. THIS ARTICLE SHALL NOT APPLY TO

SATELLITE DISHES REGULATED UNDER 47 C.F.R. 1.4000.

16. During construction all vehicles involved including those delivering

supplies must enter the building Lot on the driveway only as approved by

the Association so as not to damage unnecessarily natural vegetation and

dunes. During construction, the builder must keep the homes, garages and

building sites clean. All building debris, stumps, bushes, etc., must be

removed from each building Lot by the builder as often as necessary to keep

the house and Lot attractive, such debris will not be dumped in any area of

the Property.

17. There shall be no discharging of firearms, guns, or pistols, of any kind,

caliber, type, or method of propulsion.

18. No personal sign of any character shall be displayed upon any Lot

without the Association's prior written approval. A Lot owner may display

one (1) "for sale" sign on the Lot only, but not on any common areas or

rights of way. "For rent" signs are prohibited.

19. No animals, birds, or fowl shalt be kept or maintained on any part of the

property except dogs, cats, and pet birds, which may be kept thereon in

reasonable numbers as pets for the pleasure and use of the occupants but

not for any commercial purpose.

20. Clotheslines or drying yards shall be located as not to be visible from the

street or common easement area serving the premises or from the

waterfront.
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21. No trailers including both habitable structures (e.g. Park recreational

vehicles, campers) or of a towing nature including, but not limited to, trailers

for boats, cars, homes, canoes, kayaks, jet skis, windsurfing boards, trailers

related to transport of tools, lawn mowers, wheelbarrows, and the like, etc.,

shall be parked or stored on any part of the property unless inside a

permanent structure, or in an area that conceals the aforementioned items

from the view from the streets on other Lots. Provided however, the Board

may approve upon written request the temporary parking of a boat and

trailer or recreational vehicle for a time period not to exceed 24 hours. These

prohibitions also apply to the common areas.

22. No individual water supply system shall be permitted except a not-

potable lawn irrigation system not connected to any building. A shallow well

may be permitted for such water supply. The pump, pressure tank, and

pump house, if any, shall be considered structures.

23. Each and every covenant and restriction contained herein shall be an

independent and separate covenant and agreement, and in the event any

one or more of said covenants or Restrictions shall, for any reason, be held

to be invalid, or unenforceable, all remaining covenants and Restrictions

shall nevertheless remain in full force and effect.

24. The covenants and Restrictions herein shall be deemed to be covenants

running with the land. If any person shall violate or attempts to violate any

of such Restrictions or covenants, it shall be lawful for the Association , or

any person or persons owning property in Kure by the Sea, all phases, and

damaged by said violation: (a) to prosecute proceedings at law for the

recovery of damages against the person or persons so violating or

attempting to violate any such covenant or restriction or (b) to maintain a

proceeding in equity against the person or persons so violating or attempting

to violate any such covenant or restriction for the purpose of preventing

such violation, provided however, that the remedies in this paragraph

contained shall be construed as cumulative of all other remedies now or

hereafter provided by law. Without limiting the foregoing provisions of this

paragraph, enforcement of these covenants and Restrictions may be by the

Kure by the Sea Homeowners Association, Inc.

25. All fencing and deck rails are to be painted white.

26. No swimming pools of any type are allowed in the Property, except in-ground swimming pools approved by the Architectural Review Committee.
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27. ENFORCEMENT. All the provisions of the Declaration which govern the

conduct of Owners, and which provide for sanctions against Owners shall

also apply to all tenants and other occupants of the Lot. The Owner shall be

responsible for ensuring that all tenants and occupants comply with all

provisions of Declaration, Bylaws and any Rules or Regulations. Owners may

be fined for the acts and omissions of their tenants and occupants.

28. RENTAL RESTRICTIONS. In order to assure a community of congenial

Owners and thus protect the value of the Lots, leasing of a Lot by an Owner

shall be subject to the following provisions:

Dwellings may be rented only in their entirety; no fraction or portion

may be rented. No Owner may occupy the dwelling at the same time as a

tenant. Owners shall not be allowed to cook or provide meals to tenants.

Subletting shall not be permitted. All leases must be in writing. All leases

and tenants are subject to the provisions of the Declaration, Bylaws, and

Rules and Regulations. The lease shall be deemed to include all the

provisions of the Declaration, Bylaws, and Rules and Regulations. The Owner

must provide to the tenant copies of the Declaration, Bylaws, and Rules and

Regulations. Any tenant, by occupancy of a Residence, agrees to comply

with the Declaration, Bylaws, and Rules and Regulations.

"Leasing" for purposes of this Declaration is defined as regular

occupancy of a dwelling by any person other than the Owner for which the

Owner receives any consideration or benefit, including a fee, service,

gratuity, or emolument.

Any violation of the Declaration or Bylaws, or Rules and Regulations

adopted pursuant thereto by the tenant, is deemed to be a violation of the

terms of the lease and authorizes the Owner to terminate the lease without

liability and to evict the tenant in accordance with North Carolina law.

Further, Owner agrees that any lessee who habitually and/or flagrantly

violates the Declaration, Bylaws or Rules or Regulations shall, upon the

written demand of the Association, be evicted by the Owner in accordance

with North Carolina
END OF AMENDMENTS

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Upon recordation, this Amendment shall be deemed to replace the

prior Declaration and any prior amendments thereto, and the same shall

have no further force and effect.

The undersigned, being the President Kure by the Sea Homeowners

Association, Inc., does, by her execution hereof, certify that this Amendment

was duly adopted a vote of 24 Owners of the Lots subject to the Declaration

in favor of the Amendment at the Annual Meeting held on April 2, 2022, was

duly adopted by affirmative vote of the Board of Directors, and that all the

procedures, steps and requirements necessary to amend said Declaration

have been complied with, the day and year first above written.

Kure by the Sea Homeowners Association, Inc.

Pat Triplett

President

Pat Triplett

STATE OF NORTH CAROLINA

COUNTY OF NEW HANOVER
I Jonathan Forte notary public, do hereby certify

that Pat Triplett. President of Kure by the Sea Homeowners

Association, Inc. a North Carolina corporation, personally appeared before me

this day and acknowledged the due execution of the foregoing Amendment to

the Declaration of Kure by the Sea Homeowners Association, Inc. on behalf of

said corporation.

Witness my hand and official seal this19th day of April 2022.

Jonathan Forte
Notary Public
My Commission expires: 5/13/2023

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