Prepared by: Jeffrey K. Stahl, Allen Stahl & Kilbourne, PLLC
20 Town Mtn, Rd, Suite 100, Asheville, NC 28801
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
SECOND AMENDMENT TO AMENDED AND RESTATED DECLARATION OF PROTECTIVE COVENANTS FOR WADE HAMPTON
THIS AMENDMENT IS BEING MADE BY THE WADE HAMPTON PROPERTY OWNERS’ ASSOCIATION, INC., a North Carolina corporation (referred to in this Amendment as the “Association”).
WHEREAS, Wade Hampton, is a real property development established as a planned community to be organized, controlled, and governed by the Amended and Restated Declaration of Protective Covenants for Wade Hampton recorded in Deed Book 2200, Page 1947, Jackson County Registry on November 13, 2017 (“Declaration”); and
WHEREAS, the Declaration was then amended by recording the “First Amendment to the Amended and Restated Declaration of Protective Covenants” recorded in Book 2269, Page 1266, Jackson County Registry on June 24, 2020 (“First Amendment”); and
WHEREAS, pursuant to Article XVI.B, the Declaration may be amended by the affirmative vote of a majority of the Members entitled to vote; and
WHEREAS, a majority of the Members entitled to vote have affirmatively cast their vote to amend the Declaration as set forth herein below as evidenced by the resolution of the Board attached, attached hereto; and
WHEREAS, this amendment applies to all Lots and Lot Owners in Wade Hampton regardless of when their Lot was purchased.
NOW, THEREFORE, the Amended Declaration for Wade Hampton is amended as follows:
Article II, Definition U. “Short Term Rentals” shall be deleted in its entirety and replaced with the following:
“U. “Short Term Rentals” means the renting or leasing of a Lot for a period of time less than 30 days for monetary compensation.”
Article III, Section A. shall be deleted in its entirety and replaced with the following:
“A. All Lots shall be used for residential purposes only, not for business, manufacturing, or commercial purposes. Only one (1) family may occupy a Lot as a principal residence at any one time. Except for family members, Wade Hampton Golf Club Members, persons which have been vetted by the Wade Hampton Golf Club as prospective members thereof, and Members of the Association who are in good standing, no Lot shall be used or occupied for the purpose of Short Term Rentals as defined in Article II, Section U.”
Article IV, Section D, 2. shall be amended by renumbering this section as Section D, 2b.
A new Article IV, Section D, 2. shall be added as follows:
“2. No residence or guest house shall contain less than 2600 square feet. The DRC may recommend, and the Board may authorize a variance as to this minimum square footage requirement, in its discretion. Any non-conforming structures constructed prior to the date of this Amendment shall be deemed grandfathered in.”
A new Article IV, Section D. 2a shall be added as follows:
“2a. All new- home construction projects in Wade Hampton shall require a General Contractor currently licensed in the state of North Carolina to the monetary level of the completed project.”
Article IV, shall be amended by adding a new Section H. CONSTRUCTION COMPLETION as follows:
“H. CONSTRUCTION COMPLETION. All construction and/or alterations shall be completed within twenty-four (24) months after approval by the DRC. The DRC may recommend, and the Board may authorize a variance allowing additional time to complete construction and/or alterations. Requests for variances shall be made in writing to the DRC and explain the cause of the delay. The Board shall have complete discretion in approving any variance request for additional time to complete construction and/or alterations.
IN WITNESS WHEREOF, the Association has caused this Amendment to be executed on the day and date first above written.
WADE HAMPTON PROPERTY OWNERS’ ASSOCIATION, INC.
By:___________________________________
Print name:____________________________
Title: President
ATTEST:
By:______________________________
Print name:_______________________
Title: Secretary
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
I, a Notary Public, certify that __________________________ and ________________________ personally appeared before me this day and who by me being first duly sworn, says that they are the President and Secretary, respectively, of WADE HAMPTON PROPERTY OWNERS’ ASSOCIATION, INC., a North Carolina nonprofit corporation, and that the document was signed and sealed by them on behalf of the corporation by authority duly given so that the same is the act and deed of them.
WITNESS my hand and notarial seal this _____ day of _________, 2024.
AFFIX NOTARY SEAL/STAMP:
_________________________________________
Signature of Notary Public
Print name:__________________________________
My commission expires:________________________
Attachment to First Amendment to the Amended and Restated Declaration of Protective Covenants for Wade Hampton
RESOLUTION OF THE BOARD OF DIRECTORS FOR WADE HAMPTON PROPERTY OWNERS’ ASSOCIATION, INC.
Be it resolved that the Board of Directors by and through this resolution and pursuant to Article XVI.B the Amended and Restated Declaration hereby attest that the requisite number of Members voted to effect the Second Amendment to the Amended and Restated Declaration.
This the ____ day of ___________, 2024.
__________________ _______________ _______________
Director Director Director
__________________ _______________
Director Director
CERTIFICATION:
I, __________________, the duly elected Secretary of the Wade Hampton Property Owners’ Association, Inc. do hereby certify that the Board of Directors approved the foregoing resolution.
___________________
Secretary.
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