How the Amended & Restated Declaration changed from the first attorney draft to the latest, presented as an interactive explorer.
How the document changed from Swanson’s first draft to his last · Internal Board analysis · May 20, 2026
Deleted the standalone Leasing section and the Access section; outbuildings now “approved by ARC”; rewrote Signs, Pets, Parking and Trash; cure period 30→90 days; “average use”→“occasional use”; added HUD-label language to the mobile-home ban. (Full list in Q2.)
| Section | Change he made |
|---|---|
| 3.02 / 3.03 | Deleted the right to charge fees for Common-Element facilities and to limit an owner’s guests. |
| 5.05 | Updated stated initial assessment $200 → $425 per lot. |
| 5.09 / 5.10 | Allocation “against all Owners” → “against all Lots”; late interest 18% → 10%. |
| 7.02 Leasing | Deleted the entire standalone Leasing section. |
| 7.03(a) | Added “HUD-labeled units… manufactured mobile homes” to the mobile-home ban. |
| 7.03(e) | Outbuildings: “same style/materials” → “approved by the ARC.” |
| 7.07 Signs | Rewrote to the statutory for-sale / political-sign rule. |
| 7.08 Pets | Dropped 3-pet limit, “housed inside,” “defecate/urinate on shrubbery”; added breeding/puppy-mill ban. |
| 7.09 / vehicles | Deleted “move sanitary containers”; “average”→“occasional use”; “enclosed structure”→“out of sight from streets.” |
| 7.10 Parking | Rewrote the parking restrictions. |
| 8.02 | Owner-maintenance cure period 30 → 90 days. |
| Easement / 11.02 | Deleted “developer multiple-lot purchases”; deleted the entire Access section. |
Several of these are the same items the committee re-developed with member input in the Sept–Nov round (Q3).
| Section | What the committee changed (member-driven) |
|---|---|
| 3.01 Signs | Added allowance for “a standard sized real estate sign.” |
| 4.01 Governing Body | “Shared interests of all Owners”; “oversight… of current and future improvements on the common elements.” |
| 5.04 Reserves | Reserve fund sized “as determined by a Reserve Study.” |
| 5.05 Annual | Replaced with NC statute §47F-3-103(c) ratification; cap 20% → 10%. |
| 5.06 Special assess. | Three categories (≤50% emergency; other authorized; legally mandated) + ban on special assessments for predictable expenses like road repaving. |
| 6.01 / 6.02 ARC | “Members-at-Large”; report to Board before owner; NC code standard “not unreasonably withheld”; bonding power; owner appeal right; Lot 31 grandfather; heated-SF minimum. |
| 6.03 (new) | Construction Impact Fee = one annual assessment. |
| 7.01 Residential | Short-term rentals = residential; leases in writing, subject to the Declaration. |
| 7.02 Combination | Kept no-subdivision + no-outside-access; added combined lots keep voting/assessment status. |
| 7.03 Building | Setback exemption extended to Lots 17, 54, 55; cinder-block clause → general code compliance. |
| 7.08 / 7.10 | Pets “clean up any discharge”; parking “temporary shelter (motor home, trailer, yurt, tent).” |
| 8.02 / Art. X | Cost of Association repairs framed as a special assessment. |
| 11.01 Easements | On combining lots, interior utility easement extinguished; original lot lines govern voting/assessments. |
| § | Swanson’s comment | Type | Handled |
|---|---|---|---|
| 3.01 | Permit real estate signs in common areas? | Question | Kept (yes) |
| 4.01 | “Property” broader than “common elements” — include both. | Edit | Applied |
| 5.04 | Commit all reserves to an actual reserve study? | Question | Kept (yes) |
| 5.05 | Revise “to whit” → “to wit.” | Typo | Applied |
| 5.06 | “a Lot or Lots” conflicts with “uniform rate among all Lots.” | Edit | Applied |
| 5.06 | “may not be levied for predictable… expenses” — “I would remove this.” | Substantive | Removed |
| 5.06 | Subsections (a) and (b) seem inconsistent. | Question | Left for board |
| 5.07 | “Declaration” already inside “Management Documents.” | Edit | Applied |
| 6.01 | Why “Members-at-Large”? Why must ARC report to Board before owner? | Question | Left for board |
| 6.02 | Building-code reference near plan approval confuses; ARC = aesthetics only. | Edit | Applied |
| 6.02 | Remove comma before “for major construction projects.” | Edit | Applied |
| 6.02 | Do all existing homes meet the heated-SF requirement? | Question | Left for board |
| 7.01 | This has already been established by the court. | Comment | Left as-is |
| 7.02 | Reword to: “If any lots are combined, they shall continue to be treated as separate lots for purposes of voting and assessments.” | Edit | Applied |
| 7.03(b) | Same heated-SF as 6.02 — remove it from 6.02. | Edit | Applied |
| 7.08 | Not sure “discharge” is the correct term. | Edit | Applied |
| 8.02 | Parallels G.S. 47F-3-107 — these are “assessments,” not “special assessments.” | Edit | Applied |
| 10.02 | See 8.02 above. | Edit | Applied |
| 11.01 | Seems redundant with 7.02; probably okay to keep both. | Comment | Kept both |
This version has been reconstructed: the Nov 23 document with Swanson’s 12 actionable bullets applied as tracked changes — file Q5_Reconstructed_Final_Nov23_plus_Swanson_bullets_TRACKED.docx.
Everything else was a typo, a comma, a redundancy, or a question for the Board.
| Section | Expected (Nov 23 / Q5) | Actual final (08) |
|---|---|---|
| 5.04 Reserves | Sized by a Reserve Study | Reverted: “adequate,” no study |
| 5.05 Annual | Statutory ratification; 10% cap | Reverted: 20% cap, old structure |
| 5.06 Special | Three-category structure | Reverted to his original wording |
| 6.02 ARC | Appeal, bonding, Lot 31, code standard | Reverted to original Approval of Plans |
| 6.03 Impact fee | Included | Absent entirely |
| 3.01 Signs | Real-estate-sign allowance | Dropped; broad Board sign control added |
| 7.01 Rentals | Short-term = residential | “single-family residential” instead |
| 7.02 Combination | Simple “combine as they see fit”; voting/assessments preserved | Heavy Combination Plat/Instrument procedure needing Association sign-off (voting/assessments & no-outside-access still kept) |
| 7.03 Setbacks | Lots 17, 54, 55 added | Reverted to 38, 39, 52, 53 |
| 11.01 Easements | Extinguished on combination | Absent |
Correction: an earlier committee write-up (Drafting_Process_Overview) said Swanson deleted the outside-access prohibition. Version 08 actually retains it in its original 1999 wording (the April 14 mailed version later reworded it). The deletion claim does not hold for the last version Swanson sent.
| Section | Expected (Q5) | New final (301070.7), accepted |
|---|---|---|
| 5.04 Reserves | Sized by a Reserve Study | Still only “adequate” — no Reserve Study |
| 5.06 Special assess. | Three-category; no special assessments for predictable road repaving | His original — still allows special assessments for “repaving of capital improvements, including roads”; 51% vote for capital improvements |
| 6.01 / 6.02 ARC | Members-at-Large, appeal, Lot 31 grandfather, code standard | Appeal right added; but no “Members-at-Large,” no Lot 31 grandfather, and Approval of Plans still his original |
| 3.01 Community Use | Committee’s simpler section + real-estate sign | Real-estate sign added, but his broad Board rule-making paragraph kept |
| 7.02 Combination | His own one-line bullet wording | His heavy Combination Plat / Instrument procedure kept |
All comparisons were verified against the actual document versions in the Version_Chain_Timeline folder; the Aug 15 → Nov 23 changes were read from the committee’s tracked-change redline, and Swanson’s bullets quoted from his Dec 8 email.