DECLARATION OF RESTRICTIONS
MOUNTAIN MEADOWS PROPERTY ASSOCIATION
Avery County North Carolina
CROSS REFERENCE TO BOOK 115, AT PAGE 672; BOOK 115, AT PAGE 679; BOOK 223, AT PAGE 191; BOOK 223 AT PAGE 195; BOOK 328 AT PAGE 571; BOOK 328 AT PAGE 573; BOOK 371 AT PAGE 2948; BOOK385 AT PAGE 1112; BOOK 430 AT PAGE 1801; AND BOOK 523 AT PAGE 2005; AND BOOK 532 AT PAGE 1344.
STATE OF NORTH CAROLINA
EIGHTH AND NINTH AMENDMENTS TO THE DECLARATION OF RESTRICTIONS FOR MOUNTAIN MEADOWS OF THE MOUNTAIN MEADOWS PROPERTY OWNERS ASSOCIATION, INC.
COUNTY OF AVERY
BACKGROUND STATEMENT
WHEREAS, an Amended Declaration of Restrictions for Mountain Meadows was recorded at Book 223 at Page 191 of the Avery County Register of Deeds; and
WHEREAS, an Amended Declaration of Restrictions for Mountain Meadows
Estates was recorded at Book 223 at Page 195 of the Avery County Register of Deeds; and
WHEREAS, a Second Amendment to the Declaration of Restrictions for Mountain Meadows was recorded at Book 328 at Page 571 of the Avery County Register of Deeds; and
WHEREAS, a Second Amendment to the Declaration of Restrictions for Mountain Meadows Estates was recorded at Book 328 at Page 573 of the Avery County Register of Deeds; and
WHEREAS, a Third Amendment to the Declaration of Restrictions for Mountain Meadows and Mountain Meadows Estates was recorded at Book 371 at Page 2948 of the Avery County Register of Deeds; and
WHEREAS, a Fourth Amendment to the Declaration of Restrictions for Mountain Meadows and Mountain Meadows Estates was recorded at Book 385 at Page 1112 of the Avery County Register of Deeds; and
WHEREAS, a Fifth Amendment to the Declaration of Restrictions for Mountain Meadows and Mountain Meadows Estates was recorded at Book 430 at Page 1801 of the Avery County Register of Deeds; and
WHEREAS, a Sixth Amendment to the Declaration of Restrictions for Mountain
Meadows was recorded at Book 523 at Page 2005 of the Avery County Register of Deeds; and
WHEREAS, a Seventh Amendment to the Declaration of Restrictions for Mountain Meadows and Mountain Meadows Estates was recorded at Book 532 at page 1344 on July 12, 2019 of the Avery County Register of Deeds; and,
WHEREAS, the Association Members in November 2021 by an affirmative vote by absentee or proxy ballot of no less than 67% voted to amend and restate the Declaration of Restrictions for Mountain Meadows as follows:
WHEREAS, the Association Members in December 2022 by an affirmative vote by absentee or proxy ballot of no less than 67% voted to amend and restate the Declaration of Restrictions for Mountain Meadows as follows:
DECLARATION OF RESTRICTIONS
FOR MOUNTAIN MEADOWS PROPERTY OWNERS ASSOCIATION
Avery County North Carolina
MOUNTAIN MEADOWS AND MOUNTAIN MEADOWS ESTATES, described as follows and located in Avery County, North Carolina, same being the real property now duly platted as "MOUNTAIN MEADOWS" at Plat Book 11, Page 80, and as "MOUNTAIN MEADOWS ESTATES" at Plat Book 12, Page 7 of the Avery County Register of Deeds Office, the combined properties hereinafter to be called Mountain Meadows, hereby make the following declarations as to limitations, restrictions and uses to which lots constituting such subdivision may be put, and hereby specifies that such declaration shall constitute covenants to run with all the land, as by law provided and shall be binding upon all persons and parties claiming under them and for the benefit and limitation on all future owners in Mountain Meadows, this declaration of Restrictions and all modifications made thereto being designed for the purpose of keeping Mountain Meadows desirable, uniform and suitable in architectural design and use as specified herein.
WITNESSTH
1. PURPOSE.
The purpose of these restrictions is to insure the use of property at Mountain Meadows for attractive residential purposes only, to prevent nuisances, to prevent the impairment of the attractiveness of the property and to maintain the desired tone of the community, and thereby to secure to each site owner, the full benefit and enjoyment of his home or property, with no greater restrictions on the free and undisturbed use of his site than is necessary to insure the same advantage to the other site owners.
2. FORECLOSURES.
Should any Deed of Trust be foreclosed on the property to which this instrument refers, then the title acquired by such foreclosure, and the person or persons who thereupon and thereafter become the owner or owners of such property, shall be subject to and bound by all the restrictions enumerated herein including the payment of all applicable dues, assessments, interest and fees both existing at time of foreclosure and/or incurred after that date.
The person or entity which acquires the property from the foreclosure will be liable to pay dues and assessments from the date on which the property is deeded to the new owner forward, and will not be liable for dues and assessments that are past due before the date of acquisition.
3. BUILDING REQUIREMENTS.
No lot or parcel within this subdivision shall be used except solely and exclusively for single-family residential purposes. No dwelling shall be moved or transferred from any location to any lot or parcel within this subdivision, and no dwelling shall be erected, altered, placed or permitted to remain on any lot or parcel other than a single- family dwelling not to exceed three stories in height. The dwelling to be erected shall be constructed of new and durable materials. No mobile, modular or prefabricated homes are permitted. Each dwelling shall have a minimum of 1200 square feet of heated living area on at least one floor, exclusive of garages and porches. In the event of a split-level, the summation of square footage of the center level floor and the upper level floor must be at least 1200 square feet.
4. SET-BACK LINES.
No building or structure shall be constructed closer than 50 feet of the back property lines and not closer than 20 feet from the side boundaries of the lot.
5. USES.
No trailer, mobile home or other modular unit of any description, and no temporary structures shall be permitted on said premises. No residence shall be occupied until the exterior of such dwelling shall be fully completed. Nothing in this covenant shall preclude a lot owner from parking or using a travel trailer or motor home on his/her lot for a period of up to 30 days at a time and for up to a total of 60 days for a year. Nothing in this covenant shall be deemed to restrict the right of the owner to use part of a lot for purposes of maintaining a horse or horses for personal use. Christmas trees may continue to be grown on the acreage that are under cultivation in 2018; any new plantings on other acreage after that date will require approval of the Board of Directors. However, absolutely no sales activity of any kind shall be permitted on the property. Some examples are as follows: bed and breakfast establishments, yoga studios, beauty salons, etc. or any other business venture that would have customers come to the residence for paid consultation, goods, or services. Property owners who rent or lease their property to others, or allow others to use their property, are responsible for their tenants’ and other guests’ compliance with all MMPOA rules and restrictions. Any violation of these rules or restrictions may result in fines, which will accrue to the property owner in accordance with the procedures outlined in § 47F-3-107.1 of the North Carolina General Statutes. Property owners who allow guests to use their property, including those who rent or lease, must post a copy of the form most recently approved by the MMPOA Board in their home or provide a copy of the form to each guest party (or assure that an agent provides a copy), which form will specify the rules and restrictions most applicable to non-owner guests. (The current form is titled “Important Information For Mountain Meadows Owners And Guests,” although the title may be changed in the future.) Failing to provide a copy of this form to guests, including those who rent or lease, is a violation of the MMPOA rules which may result in the imposition of a fine on the owner.
6. BUILDING PLANS - APPROVAL.
No building shall be erected or altered upon any lot until the construction plans, specifications, elevations, driveway construction plan, and plot plans therefore shall have been approved in writing by Mountain Meadows Property Association’s Building Plans Committee, such approval to be submitted to the Board of Directors. Upon approval of such plans, specifications and plot plans, the builder may secure a building permit from the appropriate governmental departments and the same shall be posted in a conspicuous manner on the property.
Mountain Meadows Property Owners Association shall not be liable in damages to anyone submitting plans for approval or to any owner of land covered by this instrument by reason of mistake in judgment, negligence or nonfeasance of Mountain Meadows Property Owners Association, its agents or employees, arising out of or in connection with the approval or disapproval or failure to approve such plans.
In the event Mountain Meadows Property Owners Association, or its agents, fails to approve or disapprove design or location of buildings within twenty (20) days after complete plans, specifications and elevations have been submitted in its office, this covenant will be deemed to have been complied with; however, in no way shall there be a violation by builder of the zoning of said plat.
7. NUISANCES.
No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
a) No commercial mowing, weed-eating, edging, tree-trimming, chain sawing or other operation requiring powered equipment shall be conducted on any lot before 8 a.m. or after 7 p.m. local time Monday through Saturday, and not before 12 p.m. nor after 6 p.m. local time on Sunday. This restriction excludes emergency operations required for the imminent and urgent protection of life and property.
b) No hunting or shooting of any kind is permitted on any property in Mountain Meadows.
c) Drones and other technology that potentially infringe on the privacy of residents shall be confined to the owner/operator’s property and must be operated in compliance with all applicable Federal and local regulations.
d) All equipment such as balers, trailers, tractors, and other equipment must be stored so as to not be visible from the street.
e) No flood or night-light can be added which will shine on or into any neighbor’s property without the written consent of those neighbors.
f ) No disabled “junk” or unlicensed vehicles may be kept on any property for more than fifteen (15) days unless completely concealed in a garage or other structure.
g) There shall be no burning of trash, debris or any other substance without a valid permit from Avery County, and not without providing to the Board of Directors a minimum of 48 hours’ notice prior to the burning. This provision does not prohibit the use of a constructed, secured and attended fire pit.
h) Street parking is permitted only so long as the roadways are kept clear for the passage of normal traffic, including snowplows and emergency vehicles. No overnight parking on any roadway is permitted. MMPOA may, at the option of its Board of Directors, implement towing procedures with an agency licensed for same; any and all costs associated with this action will be borne by the owner of the affected property.
i) No fireworks that explode or travel through the air (Sparklers, for example, are permitted) may be used.
j) No Noise before 8 am or after 10 pm (including barking dogs).
k) No trash will be left outside (which must be taken home or to a trash/recycling facility).
8. SIGNS.
No sign of any kind shall be placed or allowed to remain on any vacant lot without the written consent of the Board of Directors. No sign of any kind shall be displayed to the public on any improved lot in the subdivision with the exception that one sign, of not more than four square feet, advertising the property for sale or one sign used by the builder or architect to advertise the property during construction and sale period thereafter for a reasonable time, which shall be determined by the Board of Directors.
9. ANIMALS.
No animals, livestock, or poultry of any kind shall be bred, raised or kept on any lot, except dogs, cats and other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose, provided further that they are confined to the owner's premises by the owner at all times. Dogs must be leashed and/or accompanied by the owner when not on the owner’s property. As worded, it allows a dog, as long as accompanied by the owner, to not be leashed when not on the owner’s property. A horse or horses for the personal use of the owner or his family are not excluded by this covenant.
10. OTHER STRUCTURES.
No structure of a temporary character, trailer, house trailer or tent, shack, barrack type structure or other building shall be erected, maintained or used on any lot at any time, either temporarily or permanently, except that necessary construction sheds may be maintained temporarily during construction of the dwelling, but shall be promptly removed upon completion of a dwelling not later than three (3) months after original commencement of the construction of such dwelling. Provided, however, two separate utility buildings may be constructed on each lot (i.e., for storage, a garage, or housing an approved animal or animals). One shall not exceed 1000 square feet and the other shall not exceed 180 square feet. Any such structures must be finished in such a way that is consistent and complementary with the home on the property, and each must be approved by the Mountain Meadows Board.
11. LOT MANAGEMENT.
No lot in this subdivision can be subdivided into more than three (3) lots and the lots so subdivided must not be less than one acre in area and have not less than one hundred (100) feet of road frontage, unless deed provisions state otherwise.
a) Any division of lots must have the written approval of the Board of Directors, notwithstanding any deed provisions.
b) The granting of a right-of-way across any lot to non-Mountain Meadows property is strictly forbidden.
12. BOUNDARIES.
The boundaries of Mountain Meadows as described in Plat Book 11, Page 80 and Plat Book 12, Page 7 of the Avery County Register of Deeds Office, together with the addition at the rear of lot MMI-2 shall constitute the permanent boundaries to which no additions may be made without an affirmative vote by 67% of the lot owners.
a) Each lot is to have ten (10) feet easement around the boundaries for utilities.
13. REMEDIES FOR VIOLATIONS.
If the parties hereto, or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for any person or persons owning any real property situated in this subdivision or the Mountain Meadows Property Owners Association to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants and either to prevent him or them from so doing and/or to recover damages or other dues for such violations. Fines may be levied by the Board of Directors in accordance with North Carolina Planned Community Act statutes against any property owner who continues in violation of any restriction herein after a period of thirty days from the date of a certified letter, sent to the owner from the Board of Directors citing the violation and requesting compliance.
14. COVENANTS AND RESTRICTIONS - WHO IS BOUND?
All the covenants and restrictions herein shall run with the land and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns, of the respective parties hereto, and the word "owner" when used herein shall include the singular and plural, and the masculine and feminine and neuter genders whenever the context so admits and requires.
15. INVALIDATION.
Invalidation of any one or more of these covenants and restrictions by judgment of Court Order shall in no way affect any of the other provisions, which shall remain in full force and effect.
16. ASSOCIATION MEMBERS.
It is further covenanted and restricted that all grantees of lots in Mountain Meadows and holders of Contracts, whether individual, partnership, corporation or other legal entity, and of the condition of acceptance of his/her deed or Agreement for Deed, agree to become a member of the Mountain Meadows Property Owners Association.
17. VOTING AND ASSESSMENTS.
It is hereby understood and agreed that each lot owner shall be a member of said Association and subject to the rules and regulations of the Association. It is further agreed that each lot owner shall have one vote in said Association, and each lot owner shall be subject to the pro rata maintenance assessment lawfully imposed within Mountain Meadows.
a) The Board of Directors will assess fees from all property owners to cover common expenses as described in the North Carolina Planned Community Act (N.C. Gen. Stat. §47F-2-121). Such assessments shall be used for the general purposes of promoting the health, safety, welfare, common benefit and enjoyment of the property owners and include the maintenance of the roads, purchase required insurance, maintenance of reserves and for other reasons approved by the Board of Directors.
b) No property owner may exempt himself from payment of assessments.
c) When assessments have not been paid on a property that is being sold or transferred, the buyer of the property shall be jointly and severally liable with the seller for all unpaid assessments and related costs and penalties. The buyer retains the right without prejudice to recover from the seller any amounts paid by the buyer.
d) Each property owner is responsible for payment of the assessment by the due date. Partial or time-payment plans are not offered by the Association. A check returned to the Association for insufficient funds will be charged a fee, set by the Board of Directors, up to the maximum allowed by the State of North Carolina.
e) The Association shall have the right to initiate a claim of lien on the property of any delinquent property owner, and to assess the property owner for all costs entailed in the legal process. The claim of lien will be entered on or about the first week of January of the succeeding year in accordance with the Bylaws of the Association. Further, when all assessments and all related charges are unpaid by June 15 of said succeeding year, the Association may initiate a lawsuit to collect all unpaid amounts.
18. THE CORPORATION.
The Mountain Meadows Property Owners Association operates as a mutual non-profit corporation, and each owner of a lot in Mountain Meadows shall become a member of the non-profit corporation known as the Mountain Meadows Property Owners Association, Incorporated. The Articles of Incorporation specify, among the purposes and duties of such corporation, the enforcement of all the restrictions, covenants and conditions contained in these restrictions and the maintenance, preservation and improvement of such properties and the keeping and maintaining of Mountain Meadows and every part thereof in a clean and sanitary condition, including the removal of weeds and rubbish from the vacant property and the streets, so far as it may lawfully act, and the transaction of such other business as it may be permitted by law. Each grantee agrees to pay to such corporation dues and assessments for such purposes, the amount of which may be fixed by lawful act of the Board of Directors. It is understood and agreed that the Articles of Incorporation shall provide that each purchaser or owner of a lot in Mountain Meadows shall be entitled to one vote in all elections and in all matters that may come before a meeting of the members, subject to a proviso that if any member of such corporation shall be the purchaser or owner of more than one lot in Mountain Meadows he shall be entitled to as many votes as the number of lots purchased or owned by him. Grantee shall be entitled to, and obligated to accept, membership in such corporation, and shall have the benefit and bear the burdens of such membership with respect to the unsold lots in Mountain Meadows
19. TERM OF RESTRICTIONS.
These restrictions shall remain in effect and force until changed or modified at any time to affect the property in this subdivision by an instrument in writing, signed and acknowledged by the owners of no less than 67% of the lots in accordance with the NCPCA..
20. SUBMISSION TO NORTH CAROLINA PLANNED COMMUNITY ACT.
The real property and improvements which comprise the Mountain Meadows planned community are hereby submitted to the provisions of the North Carolina Planned Community Act (N.C. Gen. Stat.§§47-F-1-101. et seq.) in accordance with the provisions of the Act and particularly as is permitted by N.C. Gen. Stat. §47F-l-102(d). Submission to the governance, administration, and operation of Mountain Meadows to the North Carolina Planned Community Act is for the benefit of all Owners at Mountain Meadows and to allow the Owners to take advantage of the expanded statutory basis for the governance of planned communities offered by the North Carolina Planned Community Act.
Declaration of Restrictions History
The Declaration of Restrictions for Mountain Meadows was dated May 16, 1979 and recorded in Book 115, Page 672 of the Avery County Registry.
The Declaration of Restrictions for Mountain Meadows Estates was dated May 16, 1979 and recorded in Book 115, Page 679 of the Avery County Registry.
(1) The First Amendment to the Declarations were filed on 5 August, 1991 (Removed Developer in favor of the MMPOA)
(2) The Second Amendment was recorded on 13 March, 2000 (Extended the life of Declarations)
(3) The Third Amendment was recorded on 22 October 2003 (Brought MMPOA under terms of the North Carolina Planned Community Act. (See Paragraph 20)
(4) The Fourth Amendment was recorded on 22 October 2003 allowed the Declaration of Restrictions for the two, Mountain Meadows and Mountain Meadows Estates, was modified by BK 589 PG 1944 the action of the general membership in August 2003 to merge the two entities into Mountain Meadows, Inc. (See paragraph 21)
(5) The Fifth Amendment was recorded on 13 December, 2004.
(6) The Sixth Amendment was recorded on 14 August 2018 (Extended the life of Declarations)
(7) The Seventh Amendment was recorded on 12 July 2019 to clarify key language. See the following:
2 Foreclosures
When a foreclosed property covered by the MMPOA is purchased, then the owner of deed is liable to pay to the MMPOA any applicable debts that are associated with that property.
5 Uses
Tree Cultivation - Christmas tree cultivation may occur under the current utilized acreage but the board must prove any increase in acreage.
Consumer Sales- No consumer sales of any kind shall be allowed in Mountain Meadows.
6 BUILDING PLANS - APPROVAL
Driveway plans must be submitted for approval to the Building Committee to evaluate materials and runoff impact.
Extended the approval period from 10 to 20 days.
7 Nuisances
Added several known nuisance activities and attempted to anticipate future ones. We have contracted with a local tow company to have cars removed that violate our No Parking signage.
9 Animals
Some pet owners currently allow pets to roam free and unattended. We wanted to clarify that this not allowed.
13 Remedies for Violations
Following the NC Planned Communities Act, the board can levy fines for violations of our restrictions as set forth in this document
19 Term of Restrictions
Eliminated the expiration of our Declaration of Restrictions and instead, allow them to be amended by a super-majority vote (67%).
(8) The Eighth Amendment was recorded on 22 June 2023 to allow for two additional structures on a property. Property owner storage requirements have changed since the restrictions were created in 1979. Evolving life style activities create the need for additional storage so property owners can enjoy and maintain their properties. Allowing property owners to construct two utility buildings meets their expanding storage requirements and does not adversely impact the community.
(9) The Ninth Amendment was recorded on 22 June 2023 to add prohibitions on fireworks, noise, and outside trash to Paragraph 7, NUISANCES; requires Members to post an Information Form outlining the Rules in their residence (see Exhibit 1); and allows a horse(s) for personal use in Paragraph 9, ANIMALS. This allowance was erroneously deleted when changing paragraph 9 in the Seventh Amendment.
EXHIBIT 1
IMPORTANT INFORMATION FOR
MOUNTAIN MEADOWS OWNERS AND GUESTS
If you are visiting or renting in Mountain Meadows, welcome. We hope your time in our beautiful neighborhood is pleasant and memorable.
Please note that certain conduct is not allowed in Mountain Meadows, including:
Shooting or Hunting of any kind
Fireworks that explode or travel through the air (Sparklers, for example, are permitted)
Overnight parking on the road, or parking on the road at any time which impedes other vehicles – including snowplows and emergency vehicles
Noise before 8 am or after 10 pm (including barking dogs)
Trash left outside (which must be taken home or to a trash/recycling facility)
Unleashed pets off your property (unless accompanied by their owner)
These rules are not intended to lessen your enjoyment of Mountain Meadows in any way.
Rather, they are intended to maximize everyone’s enjoyment of one of the greatest neighborhoods in the North Carolina mountains.
Toward that end, we also want to share certain emergency contacts – which we hope you won’t need! They are:
Avery County Sheriff’s Department – (828) 733-2071
Banner Elk Police Department – (828) 898-4300
Banner Elk Fire Department – (828) 898-5623
Charles A. Cannon Hospital, 434 Hospital Drive, Linville, NC – (828) 737-7000
Animal Emergency Clinic of the High Country (24-hour service), 1710 Highway 105, Boone, NC – (828) 268-2833
Towing Services:
Rupert & Son’s Towing (24-hour service) – (828) 387-7914
South Ridge Towing (24-hour service) – (828) 260-2513
Banner Elk Exxon – (828) 898-5210
A NOTE TO ALL PROPERTY OWNERS:
A copy of this form must be posted in your home or given to each guest party allowed to stay in your Mountain Meadows home, including those to whom you rent your property. Failing to provide a copy to each guest party (by the owner or the owner’s agent) is a violation of Mountain Meadows rules which subjects a property owner to a potential fine. Of course, we hope that property owners will cooperate and comply, and therefore that this will rarely if ever be necessary.
A NOTE TO ALL GUESTS, INCLUDING ALL WHO RENT:
Enjoy your stay in Mountain Meadows, but do avoid the prohibited conduct noted above. And please understand that any violation of these rules may subject the property owner to a fine, and that violators may be required to reimburse the owner for any fine imposed.
Again, welcome to Mountain Meadows, and thank you in advance for helping us keep our neighborhood the special and enjoyable neighborhood it is!
