Disclaimer:

This document is made available solely for general informational purposes. The Oxxford Hunt Community Association makes no representations or warranties as to the accuracy of this information or its legal significance. The information furnished through this medium should not be construed as a certified copy. In situations in which the accuracy and reliability of the information contained in these records is of paramount importance, the user is cautioned not to rely on information made available through this medium, but instead to obtain copies of the record certified as true and correct by the Oxxford Hunt Community Association or its management company, Omega Management, Incorporated.

ARTICLE I
DEFINITIONS

The following words and terms when used in this Declaration or any supplemental declaration (unless the context shall clearly indicate otherwise) shall have the following meanings:

(a) “Association” shall mean and refer to Oxxford Hunt Community Association, Inc., a North Carolina non-profit corporation, its successors and assigns.

(b) “Oxxford Hunt” shall mean and refer to the lands in Cary, North Carolina, which are shown as a part of Oxxford Hunt on the Company’s Master Plan as revised from time to time.

(c) “Company” shall mean Oxxford Hunt Associates, a North Carolina partnership, its successors and assigns.

(d) “Developer” shall mean Oxxford Hunt Associates, a North Carolina Partnership, its successors and assigns.

(e) “Affiliate” shall mean any corporation owning more than fifty percent (50%) of the voting stock or which is owned or controlled by the Company or the Developer, and any partnership or joint venture in which the Company or the Developer has more than a fifty percent (50%) or more of the cash flow from such partnership or joint venture.

(f) The “Properties” shall mean and refer to the Existing property described in Article II hereof, and additions thereto, as are subjected to this Declaration or any Supplementary Declaration under the provisions of Article II hereof.

(g) “Residential Lot” shall mean any subdivided parcel of land located within the Properties for which no building permit has been issued by the appropriate governmental authorities and which parcel is intended for use as a site for a Single Family Detached Dwelling, Duplex Unit, or Patio Home (or Zero lot line) as shown upon any recorded final subdivision map or any part of the Properties. No parcel shall, however, be classified as a Residential Lot until the first day of the quarter of the year following after all of the following have occurred:

• (1) Recording of a Plat in the Register of Deeds Office of Wake County, North Carolina, showing such Residential Lot;

• (2) The Lot has been placed on a “Inventory List” (as defined in Section 3(c)of Article V) of lots for sale submitted to the Association by the Company, the Company’s Affiliates, the Developer, or the Developer’s Affiliates, in those cases where the Lot is owned by the Company, the Company’s Affiliates, the Developer, or the Developer’s Affiliates.

• (3) The Lot is sufficiently developed to be subject to Assessment, in the sole and uncontrolled discretion of the Board of Directors, as a Residential Lot in those cases where the Lot is owned by any third party other than the Company, the Company’s Affiliates, the Developer, or the Developer’s Affiliates.

(h) “Multiple-Family Tract” shall mean any unimproved parcel of land located within the Properties, intended for development of Attached Residential Units including Townhouses, Condominiums and Apartments as defined and controlled by the applicable zoning for Oxxford Hunt. For the purposes of this Declaration, a parcel of land shall not be deemed a “Multiple-Family Tract” until such time as its exact metes and bounds have been surveyed and a plat thereof identifying or designating such property for Multiple-Family use is recorded in the Register of Deeds Office of Wake County, North Carolina, provided, however, that any property within said parcel of land which also qualified as an “Exempt Property” as defined in paragraph (n) of this Article I shall not be deemed part of said Multiple-Family Tract for the purposes of calculating Assessments or votes. A Multiple-Family Tract, or portions of said Multiple-Family Tract, shall be deemed to be unimproved until the improvements being constructed thereon are sufficiently complete to be subject to Assessment, in the sole and uncontrolled discretion of the Board of Directors, as improved properties as defined in Section 3(d)of Article V.

(i) “Public or Commercial Site” shall mean any unimproved parcel of land within the Properties, intended for use as a site for improvements designed to accommodate commercial, governmental, or business enterprises to serve Residents of Oxxford Hunt and/or the public, including, but not limited to: business and professional offices; facilities for the retail sale of goods and services; banks and other financial institutions; social clubs; restaurants; theaters; lounges; indoor and outdoor recreational facilities; hospitals and medical clinics; laboratories and other research and development facilities; commercial warehouses; transportation terminals or stations; automobile parking facilities; gasoline stations; and residential dwelling units within multi-use public or commercial buildings or facilities; provided, however, that a “Public or Commercial Site” shall not include property upon which improvements are to be built which also qualifies as a Multiple-Family Tract, nor shall it include any property which also qualifies as “Exempt Property” as defined in paragraph (n) of this Article I. For the purposes of this Declaration, a parcel of land shall not be deemed a “Public or Commercial Site” until such time as its exact metes and bounds have been surveyed and a plat thereof identifying or designating such property as a Public or Commercial Site is recorded in the Register of Deeds Office of Wake County, North Carolina. A Public or Commercial Site, or portions of said Site, shall be deemed to be unimproved until the improvements being constructed thereon are sufficiently complete to be subject to Assessment, in the sole and uncontrolled discretion of the Board of Directors, as improved properties as defined in Section 3(e)of Article V.

(j)“Development Unit Parcel” shall mean and refer to any parcel or tract of land within the Properties, conveyed by the Company to any third party under Covenants and Restrictions permitting the division of such parcel or tract into smaller land units such as Residential Lots, Multiple-Family Tracts, or Public or Commercial Sites. For the purposes of this Declaration, a parcel of land shall not be deemed a “Development Unit Parcel” until such time as its exact metes and bounds have been surveyed and a plat thereof identifying or designating such property as a Development Unit Parcel is recorded in the Register of Deeds Office of Wake County, North Carolina provided, however, that a “Development Unit Parcel” shall not include any property which also qualifies as “Exempt Property” as defined in paragraph (n) of this Article I. A Development Unit Parcel, or portions thereof, shall remain classified as such until further subdivided and classifiable as a Residential Lot(s) or Multiple-Family Tract, or Public or Commercial Site pursuant to Section 3(h)of Article V.

(k) “Unsubdivided Land” shall mean and refer to all land in the Existing Property described in Article II hereof, and additions thereto, as are subjected to this Declaration of any supplemental declaration under the provisions of Article II hereof, which has not been subdivided into and classified as Residential Lots, Multiple-Family Tracts, Public or Commercial Sites, or Development Unit Parcels, through metes and bounds subdivision plats recorded in the Register of Deeds of Wake County, North Carolina provided, however, that “Unsubdivided Land” shall not include any property which also qualifies as “Exempt Property” in paragraph (n) of this Article I. Unsubdivided Land, or portions thereof, shall remain classified as such until subdivided and classifiable as a Residential Lot or Lots, Multiple-Family Tract, Public or Commercial Site, or Development Unit parcel pursuant to Section 3 of Article V.

(l) “Family Dwelling Unit” shall mean and refer to any improved property or any property formerly classified a Residential Lot for which a building permit has been issued by the appropriate governmental authorities, which property is located within the Properties and intended for use as a Single Family Dwelling, including without limitation, any Single-Family Detached Dwelling, Duplex Unit, Patio Home (or Zero lot line) Condominium Unit, Townhouse Unit, Cooperative Apartment Unit or Apartment Unit lqcated within the Properties.

(m) “Public or Commercial Unit” shall mean and include any improved parcel of land within the Properties which is intended and designed to accommodate public, commercial, and/or the public, including, but not limited to all those enterprises enumerated in subparagraph (i) provided, however, that a “Public or Commercial Unit” shall not include any property which also qualifies as “Exempt Property” as defined in paragraph (n) of this Article I. A parcel of land shall not be deemed to be improved until the improvements being constructed on said parcel are sufficiently complete to be subject to Assessment, in the sole and uncontrolled discretion of the Board of Directors, as improved properties.

(n) “Exempt Property” shall mean and refer to the following classifications of property within the Properties;

• (1) All land designated on the Master Plan for intended use, or by actual use if applicable, for (i) indoor and outdoor recreational and community facilities owned and operated by the Company, the Company’s Affiliates, the Developer, the Developer’s Affiliates, and the Association.

• (2) All lands and any improvements thereon designated in any way as Common Properties; or Restricted Common Properties;

• (3) All lands and any improvements thereon committed to the Association through express, written notification by the Company to the Association of intent to convey to the Association, including, without limitation, Intended Common Properties and Intended Restricted Common Properties;

• (4) All lands designated on the Master plan or on recorded plats as Open Space or Private Open Space (hereinafter referred to, respectively, as “Open Space Areas”) and “Private Open Space Areas”) , and any improvements thereon which are defined in subparagraph (1) of this paragraph (n);

• (5) Property which is used for the maintenance, operation and service of facilities within Common Properties, Restricted Common Properties, Intended Common Properties, Restricted Common Properties, Intended Restricted Common Properties, and facilities within Open Space Areas which are defined in subparagraph (1) of this paragraph (n);

• (6) Property which is used for the maintenance, operation, and service of utilities within the Properties;

(o) “Owner" shall mean and refer to the Owner as shown by the Real Estate Records in the Register of Deeds Office of Wake County, North Carolina, whether it be one (1) or more persons, firms, associations, corporations, or other legal entities, of fee simple title to any Residential Lot, Family Dwelling Unit, Multiple-Family Tract, Public or Commercial Site, Public or Commercial Unit, Development Unit Parcel, or Unsubdivided Land situated upon the Properties but, notwithstanding any applicable theory of a deed of trust, shall not mean or refer to the mortgages or holder of a deed of trust, its successors or assigns, unless and pursuant to foreclosure or a proceeding or deed in lieu of foreclosure; nor shall the term “Owner” mean or refer to any lessee or Tenant of an Owner. In the event that there is recorded in the Office of the Register of Deeds of Wake County, North Carolina, a long-term contract of sale covering any Lot or Parcel of land within the Properties, the Owner of such Lot or Parcel of land shall be the Purchaser under said contract and not the fee simple title holder. A long-term contract of sale shall be one where the Purchaser is required to make payments for the Property or a period extending beyond nine (9) months from the date of the contract and where the Purchaser does not receive title to the Property until all such payments are made, although the Purchaser is given the use of said Property.

(p) “Tenant” shall mean and refer to the lessee under a written agreement for the rent and hire of a Family Dwelling Unit or Public or Commercial Unit in Oxxford Hunt.

(q) “Resident” shall mean and refer to each Owner and Tenant of a Family Dwelling Unit who resides in Oxxford Hunt.

(r) “Member” shall mean and refer to all those Owners and Tenants who are Members of the Association as defined in Section 1 of Article III.

(s) “Master Plan” shall mean and refer to the drawing which represents the conceptual plan for the future development of Oxxford Hunt. Since the concept of the future development of Oxxford Hunt is subject to continuing revision and change by the Company, present and future references to the “Master Plan” shall be references to the latest revision thereof.

(t) “Intended for Use” shall mean the use intended for various parcels within the Properties as shown on the Master Plan of Oxxford Hunt prepared by the Company as the same may be revised from time, to time by the Company, or the use to which any particular parcel of land is restricted by Covenants expressly set forth or incorporated by reference in deeds by which the Company has conveyed the property.

(u) “Common Properties” shall mean and refer to those tracts of land with all improvements thereon which are deeded or leased to the Association and designated in said deed or lease as “Common Properties.” The term “Common Properties” shall also include any personal property acquired or leased by the Association if said property is designated a “Common Property.” All Common Properties are to be devoted to and intended for the common use and enjoyment of the Members of the Association, their guests, and visiting members of the general public (to the extent permitted by the Board of Directors of the Association) subject to the fee schedules and operating rules adopted by the Association. Common Properties shall not include those tracts of land falling within the definition of “Restricted Common Properties” set forth below.

(v) “Restricted Common Properties” shall mean and refer to those tracts of land with all improvements thereon which are designated as “Common Properties” or “Common Area” on any map of a portion of the Property which is under the control and jurisdiction of a “Sub-Association”, as hereinafter defined, and which is reserved or restricted for the use of members of such Sub-Association.

(w) “Intended Common Property” shall mean and refer to those tracts of land and any improvements thereon committed to the Association through express, written notification by the Company to the Association of intent to convey said property to the Association as a Common Property.

(x) “Intended Restricted Common Property” shall mean and refer to those tracts of land and any improvements thereon committed by the Company to become Restricted Common Property.

(y) “Referendum” shall mean and refer to the power of all or some specific portion of the Members to vote by mailed ballots on certain actions by the Board of Directors of the Association more particularly set forth herein. In the event fifty-one (51%) percent of the votes actually returned to the Association within the specified time shall be in favor of such action, the Referendum shall be deemed to “pass” and the action voted upon will be deemed to have been authorized by the Members, provided, however, that if a higher or lower percentage required to “pass” shall be specifically expressed herein, that higher or lower percentage shall control in that instance.

(z) “Sub-Associations” shall be North Carolina nonprofit corporations established by developers of places or portions of the Properties requiring an association to manage the affairs of its members and properties owned by or under the control of such Sub-Association.

(aa) “Neighborhood Areas” shall mean various areas within Oxxford Hunt, each of which have been subjected to Additional Restrictive Covenants applied only to such area.

(bb) “Neighborhood Covenants” shall mean the additional Restrictive Covenants applied only to a particular Neighborhood Area.

(cc) “Board of Directors” shall mean those persons elected or appointed to act collectively as the directors of the Association.

(dd) “Bylaws” shall mean the bylaws of the Association as they now or hereafter exist.

(ee) “Institutional Lender” shall mean any bank, insurance company, trust company, real estate investment trust, savings and loan association, pension fund, or other first mortgage lender holding a first mortgage or deed of trust on any of the Property.

(ff) “Multiple-Family Dwelling Unit” shall mean any Attached Residential Units including townhouses, condominiums and apartments.

(continue to Article II)

Copyright © 2001 Oxxford Hunt Community Association Inc., Cary, NC. All rights reserved.