Return to Main Page
DECLARATION OF RESTRICTIVE COVENANTS, EASEMENTS, AND CONDITIONS FOR
CHEROKEE FOREST SUBDIVISION
R E S T R I C T I O N S
1. Each Lot shall be used for residential purposes only, and no
manufacturing establishment, factory, public garage, sanitarium
trailer park, apartment building, condominium, multi-family
housing building, or any building of similar nature may be maintained on
the same, and no unsanitary, offensive or unsightly conditions shall be allowed
thereon. No house trailer, mobile home, manufactured house, travel trailer,
camper, motor home, recreational vehicle or any type of temporary housing
shall be placed or located upon any Lot as a residence; provided however, a
Lot Owner may locate a travel trailer, camper, motor home or recreational
vehicle upon the Lot Owner's Lot and occupy it as a residence for the Lot
Owner's immediate family, under the following circumstances:
A) If there is not a completed Single Family Dwelling upon the Lot, for no
more than 30 days during any calendar year, but in such event such travel
trailer, camper, motor home or recreational vehicle must be removed from
the Lot when it is not being occupied on a daily basis by the Lot Owner, and in
no event may it be kept on the Lot for more than 30 days per calendar year;
B) During the time the Lot Owner is actively constructing a Single Family
Dwelling on the Lot, for a period of time not to exceed 18 months, provided
that during such period of time the travel trailer, camper, motor home or
recreational vehicle is connected to a septic disposal system for which all
required permits have been issued by the appropriate authorities. Any
travel trailers, campers, motor homes, recreational vehicles, boats, trucks used
for commercial purposes or similar vehicles which are kept or maintained on
any Lot shall be stored in an enclosed or screened area out of the view of
any other Lots in the Subdivision and roads in the Subdivision.
2. Each principal residence constructed on any Lot shall consist of not
less than 1200 square feet of enclosed heated floor space on the main level. The
landscaping and grassing of each Lot shall be completed within 18 months
from the time any construction begins on any Lot. All exterior construction
shall be completed within 18 months after it has commenced.
3. No Lot may be resubdivided unless each resulting Lot (including Lots
resulting from combinations of Lots) is at least 2 acres in size, but this
restriction does not apply to Lots owned by Declarants. Only one Single
Family Dwelling may be constructed per Lot. No outbuildings of any kind may
be constructed, except that after a Single Family Dwelling has been
constructed on a Lot, provided prior written permission is obtained from
the Architectural Review Committee, a two or three car detached garage, a barn
or stable, a guest cottage, and one small storage building may be constructed.
4. All water systems and septic disposal systems shall be constructed and
installed in accordance with the rules and regulations of authorities with
jurisdiction, as from time to time amended, and no outside toilets shall be
maintained upon any Lot, except during the 18 month construction period
5. No residence, building, or any other structure shall be built or
maintained within 15 feet from any property line or the edge of any roadway
easement, unless a variance is first obtained in writing from the
Architectural Review Committee. This restriction shall not apply with
respect to the interior boundaries between Lots being improved as a unit.
6. No Lot or any part thereof shall be used for a junk yard or for any
unsightly or obnoxious purposes. Activities which may tend to cause
disorderly, unsightly or unkempt conditions shall not be pursued or
undertaken in the front yard of any Lot, or in any driveway, garage,
carport, or other place where such condition is visible from any road or
from any other Lot, including without limitation, the assembly and
disassembly of motor vehicles and other mechanical devices. No appliances
which are not operable and in use may be kept on any Lot. All trash,
garbage, and waste shall be kept in sanitary, closed receptacles. All
garbage cans and similar receptacles shall be kept in an enclosed or
screened area, so that the same will not be visible from other Lots in the
Subdivision or roads in the Subdivision. No burning of garbage shall be
Done or permitted on any Lot in the Subdivision; however, the burning of leaves,
clippings and trimmings is permitted so long as the same does not cause a
nuisance or inconvenience to the Owners of other Lots.
7. No animals may be kept and maintained on any Lot, except that this
restriction shall not prohibit the keeping of usual household pets,
provided said usual household pets are at all times confined to the Owner's Lot or
are allowed outside the Owner's lot only in the presence of the Owner;
also, this restriction shall not prohibit the keeping of horses, provided
adequate stabling, pasture, fencing and related facilities are provided for the
horses, and provided the number of horses to be kept on any Lot and the
stabling, pasture, fencing and other facilities therefor are approved in
advance in writing by the Architectural Review Committee. No animal may be
maintained on any Lot if it makes such an amount of noise at to frequently
or habitually disturb Owners of other Lots.
8. It shall be the responsibility of each Lot Owner to maintain a 15" or
larger drain tile on any portion of his Lot where a driveway crosses or any
other thing obstructs a drainage ditch. All soil disturbing activities,
including without limitation grading house sites, constructing driveways,
and landscaping, regardless of their extent, must conform to prevailing
laws and regulations regarding erosion control, both during construction and
afterward, and must not impair the erosion control measures previously
installed by the Declarants.
9. No commercial or business activities may be carried on on any Lot,
except that this provision shall not prohibit the leasing or renting of any Single
Family Dwelling on any Lot for any length of time and shall not prohibit
in-home businesses or offices that do not invite the general public upon
10. It shall be the responsibility of each Lot Owner to provide adequate
parking space for motor vehicles on his or her Lot. Parking on the
Subdivision roads or within the rights of way thereof is prohibited. All
parking areas and driveways on all Lots must be surfaced completely
immediately upon installation and thereafter maintained with gravel,
concrete, asphalt or other appropriate paving material. No unlicensed or
inoperable vehicles may be maintained or kept on any Lot in the Subdivision.
11. In order to minimize noise pollution, the use of motorized lawnmowers,
lawn tractors, grass trimmers, garden tillers, chain saws, blowers and
other equipment (including but not limited to equipment with electric engines and
gasoline powered engines) shall be prohibited before 8:00 a.m. and after 9:30 p.m.
12. No Owner or Owners of any Lot shall operate or permit to be operated by
those under their control, or by those who ought to be under their control
motorcycles, three wheelers, four wheelers, ATV's, off-road vehicles or
similar vehicles within the boundaries of the Subdivision, except for legitimate purposes
of transportation to and from work into and out of the Subdivision. It is the intention
of this restriction to prohibit sport riding or joy riding upon such vehicles within the
boundaries of the Subdivision. No vehicle may be operated within the Subdivision
unless it is currently and legally licensed and insured. Any operator of any motorized
vehicle within the Subdivision must have a valid driver license.
13. A) Declarants reserve unto themselves, their heirs, successors and
assigns, and reserve and grant to the Association, to Duke Energy
Corporation and to all other public utility companies, a perpetual,
alienable and releasable easement and right of way on, over, and under the
ground to erect, maintain, and use electric and telephone poles, wires,
cables, and conduits, sewers, water mains, and other suitable conduits and
equipment for the transmission and discharge of electricity, telephone,
gas, sewer, cable television and other public conveniences or utilities on, in,
or over all roadway easements within the Subdivision and within the ten
foot wide strip immediately inside the boundary of each Lot; provided, in the
event of the improvement of two or more Lots as a unit, such easement shall
not exist with respect to interior Lot lines unless use of such easement
for such purposes has already begun. By reservation of said easements, the
Declarants do not obligate themselves or the Association to provide any
utility service to any Lot.
B) Declarants expressly reserve unto themselves, their heirs, successors
And assigns, the right to add additional lands to the Subdivision, and if the
Declarants do add additional lands to the Subdivision then the definitions
contained hereinabove of "Subdivision" shall be deemed to include the lands
so added and the definition contained hereinabove of "Lot" shall include
all Lots created within said additional lands. The right herein reserved to the
Declarants, their heirs, successors and assigns, to add additional lands to
the Subdivision may be exercised by it any number of times. Further,
Declarants specifically reserve unto themselves, their heirs, successors
And assigns, the right to burden the Subdivision roads, easements and rights of
way, by granting easements and rights of way over the same to serve and to
be appurtenant to lands added to the Subdivision and lands lying outside
the boundaries of the Subdivision. It is specifically the intent of the
Declarants to reserve unto themselves, their heirs, successors and assigns,
the right to establish additional easements and rights of way over the
Subdivision roads to serve any and all lands later added to the Subdivision
and any and all Lots created therein, and to serve lands lying outside the
boundaries of the Subdivision.
C) Declarants reserve unto themselves, their heirs, successors and assigns,
and declares for the benefit of the Association, its successors and
assigns, a perpetual easement for the erection, maintenance and repair of
subdivision signs upon any Lot which adjoins any public road, which easement shall
include the right to erect, maintain and repair walls and lighting at the
site of the sign and to landscape the area in the vicinity of the sign.
14. There is hereby established for the Subdivision an Architectural Review
Committee ("ARC") to ensure the development of the Subdivision and the
improvement of the Lots therein in accordance with this Declaration, and to
control the type, nature, and design of all building, structures, and other
improvements constructed within the Subdivision. The Declarants shall have
the right to appoint the members of the Architectural Review Committee,
unless and until the Declarants shall assign such right and responsibility
to the Association, in which event the Board of Directors or other
governing body of the Association shall constitute, or shall have the right to
appoint, the members of the Architectural Review Committee. At all meetings
of the Architectural Review Committee, two-thirds (b) of its members shall
constitute a quorum, and shall act by majority vote and keep proper records
and minutes. No principal residence, garage or storage building shall be
erected, placed, or altered on any Lot within the Subdivision until the
proposed building and plot plans showing detailed specifications,
elevations, dimensions, exterior color and finish, location of improvements,
drives and parking areas shall have been specifically approved in writing
by the Architectural Review Committee. In addition, no swimming pool, wall,
fence, hedge used as a wall, or other structure or man-made improvement
whatsoever shall be erected, placed or altered on any Lot within the
Subdivision until the same shall have been specifically approved in writing
by the Architectural Review Committee. No land clearing, filling or grading
shall be done on any Lot within the Subdivision until the plans for the
same shall have been specifically approved in writing by the Architectural
Review Committee. The Architectural Review Committee may make available to Lot
Owners architectural guidelines for use in Lot Owners' preparation of
building and plot plans. The Architectural Review Committee shall review
all plans and specifications and requests to it taking into consideration
harmony of exterior design, color, and location in relation to other
structures and Lots in the Subdivision. The Architectural Review Committee
shall have the authority to grant variances to the set back requirements
contained hereinabove. Every Lot Owner agrees for himself, his heirs,
successors and assigns, by the acceptance of his deed, that the
Architectural Review Committee shall have total authority to accept or
reject any plans or requests submitted to it and that refusal or approval
of plans, locations, specifications, or other requests may be based by the
Architectural Review Committee upon any grounds including purely aesthetic
considerations. Provided, however, the Architectural Review Committee may
not act arbitrarily or unreasonably.
All plans, specifications, and other requests submitted to the Architectural
Review Committee must be submitted at least twenty days prior to the
anticipated commencement of the proposed work. All submissions to the
Architectural Review Committee shall contain the name, address, and
telephone number of the Lot Owner, and the name, address, and telephone
number of any contractor or architect involved. The Architectural Review
Committee shall transmit its decision to the affected Lot Owner within
fifteen days of receipt by it of all information required or needed to make
15. No outdoor clotheslines will be permitted on any Lot. No swingsets,
sculptures, statues, or other artificial yard toys or adornments will be
permitted on any Lot without the express prior written permission of the
Architectural Review Committee.
16. No fuel tanks or similar storage receptacles may be maintained on any
Lot unless the same are installed so that they are not visible from any
place outside the Lot.
17. No permanent or temporary antennae of any kind for television, radio,
short-wave, or any other use may be erected, placed, maintained, or located
upon any Lot without the express prior written permission of the
Architectural Review Committee, and any antennae approved by the
Architectural Review Committee must be installed, painted and maintained in
such a way as may be from time to time provided by the Architectural Review
Committee. The provisions of this restriction specifically include dish and
saucer type antennae larger than 24 inches in diameter.
18. No sign of any kind shall be displayed to the public view on any Lot,
except as provided in paragraph 13 C) hereinabove, and except that with the
prior written approval of the Architectural Review Committee, a sign
displaying the owner's name or a sign advertising the property for sale or
rent may be maintained.
19. No flagpole extending beyond seven feet in height or length shall be
erected upon any Lot or attached to any structure upon any Lot and no flag
may be flown for any reason at any time except the flag of the United
States of America or the flag of the State of North Carolina, unless approved in
writing in advance by the Architectural Review Committee. No decorative
items such as statuettes or renderings of animate or inanimate objects may
be erected or maintained upon any Lot unless the same are installed so that
they are not visible from any place outside the Lot and are approved in
writing in advance by the Architectural Review Committee.
20. Open, grassy areas such as lawns and meadows shall be mowed at least
two times per year, once prior to July 1 and once prior to November 1.
21. No building constructed on any Lot shall have tar paper, metal,
asbestos, unfinished plywood or rough hewn irregular edged type siding. No
building constructed on any Lot shall have visible concrete blocks, and any
and all concrete blocks used in construction on any Lot shall be covered
with stone, brick, stucco, wood or similar siding.
22. Primary electrical lines installed by arrangement of the Declarants for
the purpose of furnishing electrical power into the Subdivision and to the
Lot boundaries may be installed underground or overhead, in the discretion
of Declarants. Secondary electrical lines that are installed upon any Lot
leading from the primary electrical lines into the Lot must be installed
23. No Owner of any Lot may grant an easement or right of way across the
Lot for any reason or at any time to any person or entity other than the
Declarants or the Association unless the same shall first be approved in
writing by the Declarants.
24. Each Lot and each Lot Owner shall and must automatically be a member of
the Association. Each Lot and each Lot Owner shall be subject to all duly
adopted articles, by-laws, rules and regulations, and resolutions of the
Association. The by-laws of the Association are incorporated by reference
25. The Declarants shall have the responsibility of constructing all
Subdivision roads up to the standard of a well-graded, well-graveled,
well-ditched, and well-drained road, but after such construction the
Declarants shall not have any further responsibility with regard to the
roads and the maintenance and upkeep of said roads shall be the
responsibility of the Association. Only the Declarants shall have the
authority to name or change the names of roads in the Subdivision. The
Declarants may but are not obligated to create well and water systems and
other systems, facilities and amenities within the Subdivision. If any well
and water systems or other systems, facilities or amenities are created by
the Declarants in the Subdivision, the Declarants shall have the right, but
not the obligation, to assign the obligation for the maintenance and upkeep
of the same to the Association. The Declarants shall have the right to
convey real property to the Association for use as common areas for the
Association and all Lot Owners. The Association shall have as its primary
function the obligation to maintain and repair the roadways in the
Subdivision after their construction by the Declarants and to maintain,
repair and take other necessary actions with respect to such water systems,
other systems, facilities and amenities, and common areas in the
Subdivision as are installed by the Declarants and assigned to the Association or as
Are conveyed by the Declarants to the Association. The Association shall have
the express authority to pave the roads within the Subdivision, and shall
have the express authority to assess the Lot owners to pay for the costs
thereof. All such roadways, water systems, and other systems, facilities
and amenities, the maintenance and repair responsibility of which is that of
the Association, shall be maintained and repaired up to a standard at least as
good as the same are in at the time the Association commences having
responsibility for the same. Each Lot shall be assessed for the costs of
the maintenance, repair and upkeep of the roadways maintained by the
Association. Each Lot which has rights to any well or water system or other
systems, facilities and amenities, or common areas, which the Association
has the obligation to maintain and repair shall be assessed for the
maintenance and repair of the same. Provided, the Declarants shall not be
assessed for any reason for more than three Lots. The Association shall
have such other and further powers as may be adopted and set forth in its
by-laws as may now be in existence or may be adopted in the future, provided the
Association may not supersede its limitation as to the number of Lots for
which it may assess the Declarants.
If any person damages the Subdivision roads or common properties for any
reason, that person shall be responsible for paying to repair the same to
the original condition. Each Lot Owner shall, before the beginning of
construction of a dwelling on any Lot, pay to the Association for the
maintenance and repair of the Subdivision roads the sum of $300.00, which
shall be applied directly to the costs of maintenance and repair of said
Subdivision roads. If construction on any Lot causes damage to the
Subdivision roads in excess of $300.00, the Owner of such Lot shall pay to
the Association such amount as is necessary to repair the road to its
The Declarants shall not have any responsibility to maintain the Subdivision
roads except in the manner of any other Lot Owner.
The Association shall periodically, at least annually, assess each Lot
Owner for his share of the costs and expenses of the maintenance, repair and
upkeep of the roads, water systems and other systems, facilities,
amenities, and common areas, the maintenance responsibility for which is that of the
Association. The Association shall also have the authority to levy special
assessments for unusual expenditures, such as paving the Subdivision roads.
Payment of such assessments shall be due thirty days after notice thereof
Is sent. If not paid within said thirty day period, such assessments shall be
deemed delinquent and shall commence bearing interest from such time at the
rate of eighteen percent per annum.
Any assessment levied against any Lot which so becomes delinquent shall
constitute a lien upon such Lot when filed of record in the office of Clerk
of Superior Court for Macon County, North Carolina, in the manner provided
therefor by Article 2 of Chapter 44A, Statutory Liens on Real Property, of
the North Carolina General Statutes, or its successor statute. The claim of
lien shall be filed in the name of the Association. The Association shall
have the right to proceed in its own name in any court of competent
jurisdiction. The claim of lien may be foreclosed in a like manner as a
mortgage on real estate under the Power of Sale under Article 2A of Chapter
45 of the General Statutes.
If any delinquent assessment is placed in the hands of any attorney for
collection, there shall be added to the amount due all costs of collection,
including all reasonable attorney's fees.
The lien shall include the amount of all interest which accrues and
continues to accrue upon the assessment, and shall include the
aforementioned costs of collection and attorney's fees.
All assessments, interest, costs and attorney's fees shall be and
Constitute the personal joint and several obligation of each Lot Owner. The
Association or any other Lot Owner may bring an action against the Lot Owners in
Default to seek a money judgment for the amount of the assessments, interests,
Costs of collection and attorney's fees.
Any person may purchase the Lot at any sale ordered pursuant to an action
To foreclose the lien.
26. The name "Cherokee Forest" and any similar expression of said name are the
sole and exclusive property of the Declarants and cannot be used by any
other person or entity for any reason except to identify the Association or
any Lot subject to this Declaration.
27. In the event of a violation or breach of any of these restrictive
covenants, the persons and entities entitled to enforce them or any one or
more of them, shall have the right to proceed at law or in equity to compel
a compliance with the terms hereof or to restrain or enjoin the violation
of the terms hereof.
28. This Declaration may be amended by means of a duly recorded amendment
signed by the Declarants until such time as they have sold fifteen Lots in
the Subdivision. This Declaration may be amended by means of a duly
recorded amendment signed by the Owners of two-thirds (b) of the Lots subject to
this Declaration. This Declaration may also be amended by the Association by a
two-thirds (b) majority vote of its members at a duly called members meeting
at which a quorum is present, and in such event the appropriate officers of
the Association shall record the proper amendment.
29. This Declaration shall be effective for a period of seventy-five (75)
years from and after its date as set forth above and shall be renewed for an additional 10 years
with the affirmative vote of 75% of lot owners.
30. No owner may waive or otherwise escape liability for the assessments provided for
herein by non-use of the roads or abandonment of his/her
31. The association shall not be required to transfer memberships on its books or to allow the exercise of any rights or proviliges of membership on account therof to any owner or to any persons claiming under them unless or until all assessments and charges to which they are subject have been paid in full.
No lot shall be used exept for one single family dwelling, a guest house, and out buildings approved by the Declarant/Association. Out-buildings shall be in the same or similar style as the maiin dwelling.
Construction: Construction and improvements, once commenced, shall be completed within 18 months wit respect to the exterior and the grounds improvements. Improvements not so completed or construction which has been partially or totally destroyed and not rebuilt or cleaned away so as to leave a neat and tidy appearance, with in 18 months shall be deemed a nuisance. Declarant/Association shall have the right to go upon the property and complete ay structure in violatio of this provision above and assess the cost to the owner of the lot and thereby a Statuatory lien agains the lot therefore.
All lots, whether occupied or unoccupied, and all improvements placed thereon shall at all times maintained in such a mananer as to prevent their becoming unsightly, unsanitary, ora a hazard to health. If not so maintained, the Declarant/Assocation shall have the riht to rectify such offensive situation and the cost of such undertakings shall be a special assessment against the lot owner and the lot. Neither the Delarant/Association, nor any of its agents, employees or contractors shall be liable for any damage which may result from its actions to so rectify any offensive situation.
No owner shall burn any trash, garbage, or refuse on Declaration Property, unless it complies with the health and safety regulations of the County ans State.
Now owner shall accumulate on his lot any junk vehickles, litter, trash or rubbish, or garbage except in recptacles designed for such purposes.
There shall be no breeding of animals for subsequent sale.
There shall be no acess, nor easement granted from any lot within the subdivision to any adjacent lands not withini the subdivision. This provision shall not apply to the Declarant. Te Declarant/Developoer reserves the riht to grant any extension of access or utility easement or right of way beyond the declaratio property, provided the adjacent owners shall oin in their share of the raod maintenance.
Utilities. A strip fifteen (15) feet wide, running along the inssidde of all lot lines and the roa right of way line, for the installation, maintenance andd operation of utilities including radio and television transmission cables and the accessory right to locate guy wires, braces and anchors or to cut trim or remove trees and plantings whereever necessary upon such lots in connection with such installation maintenance and operation.
The areas of any lots affected by the easements reserved herein shall be maintained continuously by the owner of such lot with the exception of the actual roadways, which shall be maintanined by the Declarant/Developer or Associtaion. No structurs, plantings or other materials shall be plaed or permitted to remain or other activities undertaken thereon which may damage or interfere with the use of said easements for the purposes herein set forth. Improvemenets withini such areas shall be maintained by the owner except those for which a publich authority or utility comopany is responsible.
Minimum Square Footage 1200 Sq ft
Annual Association Due $250 for undeveloped parcels and $350 for developed parcels (one with structure or under construction)
All exterior lighting in excess of 60 watts must be hooded and/or on a motion detector aproved by Seller or P.O.A.
Return to Main Page