ARTICLE VII

USE RESTRICTIONS

All of the Lots within the Properties shall be subject to the following Use Restrictions in addition to any other restrictions which are made applicable to such Lots by the filing of individual Declarations of Restrictions on a map-by-map basis in the Mecklenburg County Public Registry:

Section 1.  Land Use.  All lots shall be used for residential purposes only, except that the Declarant or its assigns may maintain models and sales offices on the Properties.

Section 2.  Nuisance. No noxious or offensive activity shall be conducted upon any lot or in any dwelling nor shall anything be done thereon or therein which may be or may become an annoyance or nuisance to the neighborhood.

Section 3.  Leasing of Lots. 

  • No Lot or dwelling shall be leased or rented except in strict compliance with this Section. For purposes of this Declaration, a Lot or dwelling shall be deemed “rented” or “leased” if the record owner(s) has vacated the

property, leaving the property in a “non-owner occupied” state, for the purpose to allow an occupant to pay or provide money or other consideration of any type in exchange for permission to occupy all or any part of a Lot, for any period of time, regardless of whether the arrangement is characterized as a “lease,” “rental,” “license,” or any other legal relationship between Owner and occupant.  The terms “rent” and “lease” as used herein shall be construed as synonymous in all respects and the term “Lot” shall be construed broadly to include not only the land, but also any improvements situated thereon, and any portion of any such improvements, including, without limitation, any dwelling constructed on the Lot.  The term “Owner” shall be construed broadly to include the record owner of the Lot and any other persons or entities acting as agent for the record owner or otherwise acting on the record owner’s behalf or at his/her direction.

  • With the exception to an owner-occupied residence. No Owner shall lease less than his/her entire Lot, it being the express intent of this restriction to prohibit the leasing of any room(s) or suite(s) separately from the entire Lot.  No Lot shall be leased or used for any purpose other than single-family residential use.

(“Owner Occupied” Lots and dwellings are not considered “rented” or

“leased” when an occupant pays or provides money or other consideration

of any type in exchange for permission to occupy all or part of any Lot, for

any period of time.

For purposes of this Declaration “Owner Occupied” includes the record

owner(s) and includes a deceased record owner(s) beneficiary and/or

designee(s) declared via a Will, Trust, or other legally recorded document.

Beneficiaries and designees are required to report the change in ownership

to the BOD within 7 days.

Any person(s) residing in an “Owner Occupied” Lot or dwelling shall

maintain strict compliance with all CCRs for Claiborne Woods and the

record owner(s) will be held responsible for insuring such. No Lot shall be

used for any purpose other than residential use.)

  • There shall be no assignment of leases or sub-leasing of Lots.  Every lease shall be in writing and shall provide that it is in all respects subject to the provisions of this Declaration, any applicable Declaration(s) of Restrictions, the Bylaws and any other rules and regulations adopted by the Association (collectively, the “Governing Documents”), and any failure by the lessee to comply with such provisions shall be an immediate default under the lease, provided, however, that the failure of any lease to so provide shall not excuse any person from complying with the Governing Documents.  Any Owner who leases his/her Lot shall provide a copy of the Governing Documents to all of his/her tenants and any permitted occupants under the lease.  Notwithstanding anything else to the contrary, the Lot Owner is ultimately responsible for any violation(s) of the Governing Documents which are committed or caused by his/her tenants and/or any of their respective family members, guests and invitees.  
  • No Lot shall be leased for a period shorter than twelve (12) months and it shall be a violation for any lease to terminate under circumstances which the Board determines to be, in the Board’s sole and unfettered discretion, a deliberate attempt by the Owner to circumvent the minimum lease term described herein.  In addition, it shall be a violation for any Owner to list, advertise or offer his/her Lot for a period shorter than twelve (12) months and any listing, advertisement or offer to lease shall affirmatively state that the Lot is listed, advertised or offered only for a period not less than twelve (12) months.  If any Owner lists, advertises or offers his/her Lot in violation of the restrictions contained herein, each separate listing, advertisement or offer shall constitute a separate violation for each day that such violation continues. 
  • Notwithstanding anything else to the contrary, no Owner shall be permitted to lease his/her Lot until twelve (12) months have elapsed since the date on which the deed conveying said Lot to such Owner was recorded in the Mecklenburg County Public Registry (the “Waiting Period”).  In the event that a Lot is leased for any period of time in violation of this mandatory Waiting Period described herein, the Waiting Period shall be immediately tolled and any time which elapses while the unpermitted lease remains in effect shall not count toward satisfaction of the twelve (12) month Waiting Period.
  • Any Owner who leases his/her Lot shall provide the Association or its authorized managing agent with a true and accurate copy of the fully-executed lease agreement within seven (7) days after the effective date of the lease (i.e., the first day of the initial lease term described in the lease).  Such lease shall specify the full name and date of birth of each tenant and permitted occupant under the lease. 
  • No Lot shall be rented or leased to any person who is registered (or who is required to be registered) on any sex offender registry maintained in any jurisdiction, including, without limitation, the North Carolina Sex Offender Registry administered by the NC State Bureau of Investigation (hereinafter, a “Sex Offender”).  Any Owner who leases his/her Lot to a person who is or becomes a Sex Offender during any lease term shall immediately (i) terminate the lease, and (ii) take any and all lawful action required in order to evict the Sex Offender from the Lot.
  • Any Owner who leases his/her Lot shall provide the Association with the Owner’s principal mailing address within seven (7) days after commencement of any permitted lease of his/her Lot and shall, thereafter, notify the Association of any change in his/her mailing address within seven (7) days after any such change is made. If any Owner fails to comply with the notification requirements described in the preceding sentence, such failure shall constitute a separate violation for each day that the violation continues
  • The Board shall be authorized but not obligated to grant written waivers of the restrictions contained in this Section 3, each on a case-by-case basis and in the Board’s sole discretion.  Any Owner desiring such a waiver shall submit a written request to the Board describing the facts and circumstances supporting the Owner’s request.  The Board may deny any request for a waiver for any reason and no waiver shall be effective unless it is in writing and signed by an authorized officer or agent of the Association.

Section 4.  Lot Maintenance and Community-Wide Standard.  Except to the limited extent that specific maintenance and repair responsibilities are expressly assigned to the Association in this Declaration or elsewhere in the Governing Documents, the Owner of any Lot shall maintain at such Owner’s sole cost and expense the Lot(s) owned by such Owner, including the dwelling and any other improvements located thereon, in full compliance with (i) the Community-Wide Standard (“CWS”), and (ii) all applicable governmental regulations and requirements.  The CWS shall be established and may be expanded, modified, and amended by the Board as provided below.  At a minimum, the CWS shall require the following:

  • Prompt removal of all litter, trash, refuse and waste.
  • Prompt removal of trash, refuse, debris and weeds from all lawns, shrub beds, improved natural areas and landscaping.
  • Full and continuous compliance with all governmental health and police requirements.
  • Pruning of all trees and shrubs at least once every six (6) months in order to keep vegetation neatly and evenly trimmed.
  • Mowing of all lawn and all turf areas for which Owner is responsible, if any, so that grass does not exceed eight (10) inches in height.
  • Regular watering of the Lot to keep lawn and vegetation alive.
  • All exterior lighting and mechanical facilities must be kept in working order at all times.
  • Prompt removal and/or replacement of any dead plant material.
  • Prompt repair of broken or damaged areas in parking areas and driveways
  • Prompt repainting, refinishing, and/or repair of any part of the exterior of the dwelling and all other improvements on the Lot that fades, chips, cracks, peels, discolors or otherwise deteriorates.
  • Prompt repair or replacement of any damage to the dwelling and all other improvements on the Lot.  If any dwelling or other improvement on a Lot is damaged or destroyed by fire or other casualty, then the Owner of the Lot on which the damaged dwelling or improvement is situated must repair and restore such damage or, in the alternative, remove the damaged dwelling or improvement and restore the Lot to its condition existing prior to the construction of such dwelling or improvement within six (6) months following the date such damage or destruction occurs.
  • Maintenance of all portions of the Lot which are not improved by an impervious surface or a structure with approved turf, vegetation, or groundcover.
  • Prompt removal and replacement of any diseased, dead or dying plants, turf, shrubs, or trees (regardless of size).
  • Prompt repair or replacement of any exterior building surface or component on the dwelling or any other improvement on the Lot, which is missing, broken or otherwise in a state of disrepair.
  • Items to enhance the outdoor usability of a dwelling, or items used to decorate a dwelling, shall not have obvious missing parts, be broken, or otherwise be in a state of disrepair and must be immediately repaired or removed from sight until repaired. Examples of such items would be outdoor furniture, flower planters, patio umbrellas, banners, flags, and holiday decorations; and
  • Decks or other natural wood improvements, such as pergolas and arbors, shall not have any unprotected exposed wood.
  • Any occupant or guest of a home that has had previous HOA complaints and disturbances including neighborhood safety concerns will be reviewed by the HOA for possible daily compounding fines.
  • Heavy police interaction OR more than 1 cop car not related to medical, or safety of the occupant will be reviewed by the HOA for possible fines.
  • Complaints from neighbors, including ongoing disturbances that involve(d) HOA engagement will result in an HOA inquiry and will be reviewed for daily fines.
  • Total number of permanent residents in a home (residing at a location for more than 14 days out of 120 days) cannot exceed 2 occupants per bedroom. This is based on the HUD code of ordinances and violations that can be reviewed by the HOA resulting in daily fines.

For purposes of the CWS, any requirement that an Owner must take “prompt” action shall be understood to require that the Owner take the required action within ten (10) days after the Association mails written notice of the need for the required action to the Owner at his/her address of record with the Association

In addition to (a) – (p) above, the Board of Directors may adopt and establish other standards and requirements in a separate CWS document.  The CWS may be modified, expanded, or amended by the Board of Directors from time to time, and will require a majority vote or proxy vote prior to or in attendance at a regularly scheduled meeting and shall be made available to any Owner on request.