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Agenda 06-04-2019 6-a - Major Subdivision Preliminary Plat Application – Fairway Hills
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Agenda 06-04-2019 6-a - Major Subdivision Preliminary Plat Application – Fairway Hills
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BOCC
Date
6/4/2019
Meeting Type
Regular Meeting
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Agenda
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6-a
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Agenda - 06-04-2019 Regular Board Meeting
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\Board of County Commissioners\BOCC Agendas\2010's\2019\Agenda - 06-04-19 Regular Meeting
Minutes 06-04-19 Regular Meeting
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\Board of County Commissioners\Minutes - Approved\2010's\2019
RES-2019-033 Resolution of approval for the Fairway Hills preliminary plat
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\Board of County Commissioners\Resolutions\2010-2019\2019
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13 <br /> (1) "Common Elements" shall mean (i) each Street until it is accepted for <br /> maintenance by the North Carolina Department of Transportation or any municipality having <br /> jurisdiction, and (ii) each tract or parcel of land at any time subdivided from the Property for the <br /> purpose of being conveyed to the Association for the common use and enjoyment of the Members <br /> as provided in this Declaration and as shown on the Subdivision Plat, regardless of whether any <br /> such tract or parcel of land is designated as "common area", "open space" or otherwise on the <br /> Subdivision Plat, and shall include each Building and/or Improvement (as hereinafter defined) <br /> located thereon. The term "Common Elements" shall not include any Lot or any Street that has <br /> been accepted for maintenance by the North Carolina Department of Transportation or any <br /> municipality having jurisdiction. <br /> (m) "Common Expense Liability" shall mean the liability for Common <br /> Expenses (as hereinafter defined) allocated to each Lot as provided in this Declaration and in the <br /> Bylaws. <br /> (n) "Common Expenses" shall mean the actual costs and expenses incurred by <br /> the Association each calendar year to operate the Association and to operate, maintain, repair and <br /> replace the Common Elements, including each Building and/or Improvement located thereon, and <br /> each Trail (as hereinafter defined) as provided in this Declaration. Common Expenses shall <br /> include,without limitation, the annual costs and expenses for service contracts, lighting, removal <br /> of debris from ponds, steams and rivers, snow removal, utility services, taxes and other <br /> governmental charges levied against any Common Elements, casualty insurance, liability <br /> insurance, administration (including compensation of a management agent, if any) and <br /> allocations for reserves. <br /> (o) "Community" shall mean '�", a residential planned community <br /> developed or to be developed upon the Property in accordance with the Subdivision Plat and the <br /> provisions of this Declaration. The Community shall include each Lot, the Common Elements, <br /> each Street, each Building, each Improvement (as hereinafter defined) and each easement <br /> established,conveyed and/or reserved in this Declaration. <br /> (p) "Completion of Sales" shall mean the earlier of(i)the record conveyance <br /> of all Lots in the Community to purchasers other than a builder, Declarant or a successor to <br /> Declarant hereunder, or (ii) Declarant's execution and recording of a Notice of Termination of <br /> Sales in the office of the Register of Deeds of Orange County,North Carolina. <br /> (q) "Declarant" shall mean a North Carolina limited <br /> liability company,its successors and/or assigns. <br /> (r) "Declaration" shall mean this Declaration of Covenants, Conditions, <br /> Restrictions and Easements for Havenstone as amended, modified and/or supplemented by any <br /> Supplemental Declaration(as hereinafter defined). <br /> (s) "Entry Feature" shall mean any permanent identification sign or <br /> monument installed and/or erected on any Common Elements at or near an entrance to the <br /> Community. <br /> (t) "Guidelines" shall mean such architectural and site design guidelines, <br /> standards and/or specifications pertaining to the design, construction, alteration and/or location of <br /> 3 <br />
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