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1. Introduction

1.1   Design Manual Concept
This design manual is a result of the thoughts and goals, philosophies and theories developed over the years by regional top design professionals who have a hands-on awareness of the special requirements for outstanding development in a hillside environment.

We have charged ourselves with the responsibility of completing a community that will be a great asset to the town of Brevard and the region.  In our visions for the development, our team of architects, planners, marketing professionals and engineers have been challenged by Straus Park’s unique diversity.  The property changes dramatically in topography and vegetation throughout.  Additionally, due to the site’s proximity to Highway 64 on the front and high remote mountain settings in the back, it will produce a community that will have great variety.  There are various different low impact commercial areas as well as a wide variety of residential house types.

The planning goal of Straus Park is to create a cohesive umbrella of architectural and landscape guidelines to tie the entire community together with all of its diversity.  As our stance line indicates “a future drawn from memories of the past,” we have carefully selected design styles as well as the latest concepts from the fields of planning and development that are applicable in this situation.

Straus Park is partially a hillside setting, partially a park side setting.  We, therefore, have coined the design approach as “mountain park architecture.”  This design manual endeavors to explain this mountain park in some detail and provide guidelines and procedures for designing and building within Straus Park.

We, the development team at Straus Park, know that you as a participating contractor, architect, subcontractor and most of all, our eventual community residents, will all share with us in our high goals for Straus and step “on board” with our high intentions of understated quality.

Welcome to Straus Park!

William McKee

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1.2  Camp Harry H. Straus: A Brief Retrospective by Patrick Scott
               Abridged version of a term paper presented at Brevard College, Spring 1997

Transylvania County has long acknowledged Camp Straus as a fixture of everyday life. It watched as sentinel over those entering Brevard on Highway 64 for over fifty years.  Camp Straus has a unique and colorful past rendering this natural area a jewel into today’s city of Brevard.  The factors surrounding the creation of the camp, its active years while it enjoyed the support of the local mill, and its eventual reallocation all figure into the experience of this area.  Camp Straus is considered responsible for creating the fondest childhood memories of many Transylvania residents in the past and the present.

The Cherokees were the first to populate this area. They never maintained permanent settlements in this valley, but they hunted here. They hunted deer primarily, but also beaver, bear and other small game.  Their knowledge of local topography lives on to this day through Indian names that abound in the county such as Tokoa, Illahee and Connestee.  The Estatoe Path ran directly behind the camp, avoiding the swamps surrounding the French Broad as it winds toward Asheville.  This represented the primary trade route for Indians bartering with low county settlers and other Indian tribes in Colonial South Carolina.

It was not until the Revolutionary War that Europeans began to frequent what is now Transylvania County.  Land grants given to soldiers for service brought homes and farms to land long left fallow.  Swamps were drained by slaves and brush forests were set ablaze to plant crop.  The distinguishing features of the land still retain these scars, through long established ditches dug with indentured labor and barren hills that never recovered from meandering fires.

The Allison family built the Elk Lodge on the property and put in a lake.  Unfortunately, an attempt to bring big game hunting to the area failed.  Sportsmen vainly attempted to relocate Elk to the ridge presently known as Elk Mountain.  The name survived; the Elk did not.  William M Fetzer, or Captain Bill, was enamored with the site and rented the ridge and surrounding fields for a boys’ camp and eventually bought the property.  Camp Sapphire opened in 1913, using the Allison’s lodge and Deer Park Lake as its foot.

A factor that was not so in keeping with the natural atmosphere, but would figure greatly into the purchase by the next owner, was the “modern” convenience available in camp.  By 1914, “all buildings and study quarters will be lighted by electricity.  The telephone in the Director’s office will afford both local and long distance communication.”  Furthermore, “the kitchen is supplied with pure running water, piped from a mountain stream ... no expense has been spared.”  Expeditions from the camp did offer some “roughing it” time.   Trips to Caesar’s Head, Lake Toxaway, Looking Glass Rock., and the surrounding forests promoted communion with nature.  Also, these lengthy excursions offered, for those who chose to go, an opportunity to “pitch tents, build camp fires, cook in real ‘camping out’ fashion, and (to be) taught many valuable lessons in wood craft.”

Harry H. Straus, a local paper magnate, had enjoyed the success his mill had from the nearby forest, and was able to purchase the Camp as a retreat for his employees and their families.  In 1945 Straus’ generous membership terms allowed any employee, family member or even friend of an employee to use the facilities.  Workers savored the gratuity, and the Camp became a center of local activity overnight.

The fondest memory most residents of Brevard and employees of the paper mill had of what came to be called Camp Straus, was unquestionably the Fourth of July celebration.  The greased pole contest always brought a crowd as did the fireworks and other contests.  Virtually everyone was invited Soon after his death, the man who had been so devoted to his employees had a monument erected to him At the time the plaque went up, the recreation area was renamed “Camp Straus” in his honor.  Innumerable residents of Brevard learned to swim at the camp, and in a day when recreation was expensive, a luxury or altogether non­existent, Camp Straus provided summers of diversion

The final Fourth of July celebration at Camp Straus was held in 1992.  Camp Straus was purchased by McKee Development from the paper mill, P. H. Glatfelter Co. (now known as Ecusta Papers) in 1997.

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1.3 Planning Visions

1.3.1 Planning

Preservation of Straits Park’s existing natural beauty and heritage was the design team’s first priority. Our “vision” was to preserve and enhance the best of the site while designing the finest planned community possible.

The second step in creating Straus Park was to seek public feedback on what the community wanted. Armed with public input and our initial vision of preserving Straus’ best we examined examples of other successful communities. Neighborhoods from New England to Florida were studied to find the best elements being offered. The best elements were then applied to Straus.

The third step was to ensure that Straus Park was open to everyone, that common areas felt public, and Straus was inviting from US 64.

The last step was to have the plan respond to the unique character of the site: Maintain the large open spaces for the public, allow higher density on gentle slopes and low density on steeper slopes, and lastly, avoid disturbance of sensitive ecological areas.

The design team made up of the owner and some of the finest planners, architects, and engineers went to work with the goal of creating the very best community possible.  The final result is a community based upon sustainable principles of lasting ideas and materials while preserving and protecting the environment and ecosystems of Straus.

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1.3.2 Architecture

The architecture sought after for Straus Park and described in this manual has been called Mountain Park Architecture due to the cultural context and the character of the Straus Park site.  This architecture is the expression of the intent to integrate sensitively the buildings of Straus Park in the beautiful natural environment of the site and to relate them in an unaffected manner to the rich indigenous and formal architectural heritage of the region.

Mountain Park Architecture does not seek to repeat a historical style.  It can be pointed out, however, that the English Arts and Crafts Movement and, especially, the early 20th century eclectic style, generally called “Tudor,” but with much American Craftsman Style and Shingle Style borrowing, are its predecessors and best references.  Many fine examples of these styles are represented in the estates and the neighborhoods of Asheville and its surroundings. A further source of reference is the indigenous Appalachian mountain culture of the region. in particular, the “informal” and “romantic” character of these styles with their irregular shapes makes a sharp and important contrast with the contemporaneous and more formal American Colonial Revival Style.

Mountain Park Architecture is distinguished by its irregular, non-symmetrical shapes, the integrative relationships with the topography, and the tactile textures and contrasting colors of the applied natural materials. Buildings designed in this manner have connotations of medieval English imagery from rural cottages to manor houses most with prominent roofs capes.  Although these cottages and houses emphasize the apparent mass of the exterior walls, there is by the design and formation of the windows a generous degree of transparency between the outside and the main interior spaces.

The irregular massing of Mountain Park Architecture, as opposed to symmetrical and formal massing, allows for flexibility in adaptation to the mountainous sites and also breaks the roof profiles and creates differentiation and complexity of appearance. The resulting character of the volume treatment adds to the picturesque quality of the building silhouette. Irregular massing also provides the opportunity to create a hierarchy of interior spaces and makes them legible on the exterior of the building shape

Mountain Park Architecture is rural, domestic, and inclusive in character. It aspires, by the nature of the chosen points of reference and their application to the specifics of Straus Park, to create an environment which is evocative and rich in experience.

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1.3.3 Landscape Architecture

Mountain Park Landscape, as envisioned by the landscape architect, seeks to “create landscape without evidence of man’s role in its creation” using the timeless principles of natural design.

Native plants should be used whenever possible.  No single plant or site element should draw attention to itself but unify and enrich the whole scene. The use of bright colors, formal arrangements, exotic or foreign elements should be avoided. Informal, non-symmetrical arrangements with natural materials and colors should be used.  Landscape architectural designs should emphasize and mirror the natural beauty of Straus Park and the Blue Ridge Mountain environment.

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2. Master Plan

      2.1 Program

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      2.2 Overview Plan

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      2.3 Land-use Plan

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SCOTT R. MELRQSE & ASSOCIATES, PA

LANDSCAPE ARCHITECTURE  - LAND PLANNING - ENVIRONMENTAL DESIGN

TO:                  Homeowners & Contractors

FROM:            Scott R. Melrose, ASLA
                        Straus Park Environmental Control Committee (ECC)
                        Landscape Architect

REFERENCE:  Landscape Design & Installation

WELCOME to Straus Park. We look forward to working with you on your new home. As you are aware, the Straus Park Design Manual helps guide you, your consultants, and contractors through the building process. The guidelines are an invaluable tool in helping your dream home come true and most importantly protecting your investment.

The general steps for site planning and landscaping are as follows:
          1.  Topographic Survey of the property.
          2.  Site Plan
          3.  ECC Approvals
          4.  Landscape Design
          5.  ECC Approvals
          6.  ECC Inspections

Please refer to the manual for complete details of the process.

Often thought of as an afterthought but critical to the success of a home is the landscaping. This should be considered early in the process in order to reduce cost and have a complete picture of the final product especially if hardscape, fences, and walls will be required.

The overall design for the landscaping is “natural”. The idea is to have the plantings compliment and blend with the natural surroundings. The landscape should look as if man has no role in its placement. Preservation of existing vegetation is critical and there is no substitute for what is already there. Arboretum style plantings, large manicured lawns and stylish gardens will not be in keeping with the natural surroundings.

Please refer to the following sections in particular for greater guidance in design theory (1.1, 1.3.3, 3.2.1 I, 3.2.1 II, 3 .2 .2 ,.4 .2 .5.1 .2, exhibit 4.6.7)
3 WHITE OAK ROAD . ARDEN, NORTH CAROLINA 28704 TELEPHONE 828.684.5155 . FACSIMILE 828.684.5156

February 1999

STRAUS PARK - UNACCEPTABLE PLANT LIST

This list is comprised of plants that the ECC (Environmental Control Committee) does not believe will work with the intended design “feel” for Straus Park. This list is not intended to cover all unacceptable plants. The ECC reserves the right to reject any plant for any reason deemed necessary to protect the integrity of the design feel. Even if a plant has been planted elsewhere on the project does not mean that it will be acceptable everywhere. Please refer to the design guidelines for additional guidance.

Acer palatum/japonicum —Japanese/Fullmoon Maple “Red leaf cultivars”
Acer saccharinum — Silver Maple
Berberis — Barberry “All Types”
Betula - Birch “White Bark types”
Camellia — Camellia “All types”
Cedrus — Cedar “Blue Needle varieties”
Chamiaecyparis — False cypress “All types”
Cryptomeria - Cedar “All”
X CupressocypariS — Leyland Cypress “All”
Euonymus fortunei — Winter Creeper
Hedera helix — English Ivy (allowable in certain situations)
Hibiscus — Rose-of-Sharon
Ilex cornuta — Chinese Holly “All”
Ilex crenata — Japanese Holly “MI”
Ilex x meserveae — Meserve Hybrid Hollies
Ilex - Yaupon Holly
Juniperus — Juniper “All”
Lagerstroemia — Crepe myrtle “All”
Liqustrum — Privet “All”
Lonicera — Honeysuckle “All invasive types”
Mahonia — Oregon Grape Holly “All”
Malus — Crabapple “All”
Magnolia grandiflora — Southern Magnolia
Nandina — Nandina “All except straight species”
Osmanthus — False-holly “All”
Photinia — Photinia “All”
Picea — Spruce “All blue color and dwarf varieties”
Pieris — Pieris “All red leaf varieties”
Pinus mugo — mnugo pine “All other dwarf types”
Prunus — “All except cherry laurel varieties”
Pryus — Pear trees “All including Bradford”
Rhododendron — Azalea “All expect natives”
Rosa — Roses “Except in area not viewed from streets and trails”
Salix — Willow “MI”
Thuja — Arborvitae “All” Tsuga — Hemlock “Due to pest loss potential?”
Vinca — Periwinkle “Variegated varieties”
Wisteria — Wisteria “All”’
Yucca — Yucca “All”

Grasses
All types should be used with care and not over used.

Perennials/Ground covers
Liriope — “All”
Artemisia — “All”
Ophiopogon — Mondo grass “Ml”

The general intent is to use native or native compatible plants. While there are always exceptions, due to historical or special affect, generally native type plants should be favored. Specialized or over-theme used gardens should be avoided along the trails or streets. Plants with blue, yellow or red foliage should be avoided.

Please direct any questions to the ECC Director. Thank you and enjoy.

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STRAUS PARK - ACCEPTABLE PLANT LIST

          TREES

Red Maple
Sugar Maple
Katsuratree
American Yellowwood
Ginkgo
Black Gum
Tulip Poplar
American Sweet gum
Saw tooth Oak
White Oak
Willow Oak
N. Red Oak

          FLOWERING TREES

Yellow Buckeye
Serviceberry
Eastern Redbud
White Fringe tree
Flowering Dogwood
Kousa Dogwood
Sweet bay Magnolia
Common Sassafras
Mountain Ash
Japanese Stewardia
Japanese Snowbell

          EVERGREEN TREES

American Holly
Norway Spruce
Serbian Spruce
Oriental Spruce
Eastern White Pine
Canadian Hemlock

          EVERGREEN SHRUBS

Glossy Abelia
Common Boxwood
Inkberry Holly
Mountain Laurel
Dog hobble
Japanese Pieris
Cherry laurel
Catawba Rhododendron
Rhododendron
Dexter Hybrid Rhododendron
Yaku Princess
Anglojap Yew
Hicks Anglojap Yew
Prague Viburnum

          DECIDUOUS SHRUBS

Bottlebrush Buckeye
Butterfly-bush
Blue Spirea
Summer sweet Clethraa
Burning bush
Dwarf Fotherfilla
Panicle Hydrangea
Shrubby St. Johnswort
Oakleaf Hydrangea
Virginia Sweetspire
Pinkshell Azalea
Bumald Spirea
Meyer Lilac
Japanese Spirea
Double Viburnum

          EVERGREEN GROUNDCOVERS

Ajuga reptans
Galax
Hidcote St. John’s wort
Japanese Pachysandra
Allegheny Spurge
Common Periwinkle

         DECIDUOUS GROUNDCOVER

Slender Deutzia
Aarons beard St. Johnswort
Foamflower

         VINES

Crossvine
Trumpet vine
Clematis
Climbing Hydrangea
Trumpet Honeysuckle
Boston Ivy
Climbing Rose

          FERNS

Northern Maidenhair Fern
Lady Fern
Japanese Painted Fern
Leatherwood Fern
Cinnamon Fern
Christmas Fern
New York Fern

          PERENNIALS

Frikart’s Aster
New England Aster
Yarrow Hybrid
Anemone
New York Aster
Tatarian Aster
Astilbe
Blue Wild Indigo
Plumbaago
Shasta Daisy
Tickseed
Threadleaf Coreopsis
Crocosmia
Cheddar Pink
Purple Coneflower
Joe-pye Weed
Blanket flower
Sweet Woodruff
Bloody Cranesbill
Swamp Sunflower
Lenten Rose
Daylily
Coral Bells
Siebold Hosta
Hosta ‘Francee’
Crested Iris
Siberian Iris
Cardinal Flower
Bee-balm
Siz Hills Giant
Bearded Tongus
Russian Sage
Wild Sweet William
Garden Phlox
Solomon ‘s Seal
Fragrant Solomon Seal
Blackeyed Susan
Three-lobed Coneflower
Meadow Sage
Autumn Joy Sedum
Goldenrod
Lamb’s ear
Stokes Aster
Trillium
Creeping Thyme
Verbenabonariensis

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3.  Guidelines and Requirements

3.1  Streetscapes

     Streetscapes at Straus Park vary to reflect each neighborhood’s personality and to respect physical land constraints. Streets were intentionally depressed into the ground to create the illusion that the roads disappear and blend with the adjacent landscape. The street patterns were developed to interconnect and flow together generating neighborhood cohesion. Roads were also placed, whenever possible, within previously cleared areas to minimize tree removal. Lastly, the streets are int ended to be pedestrian friendly by using greenways or sidewalks whenever possible.

I. Parkside, Lakeside, & Mountain Park Homes The streetscape for the Parkside. Lakeside and Mountain Park homes have a uniform, cohesive residential expression:  The placement of trees, streetlights, fences and porches follow a more defined, rhythmic urban pattern reflective of neighborhoods of old. Houses and porches are located closer to the sidewalks and streets to further encourage social interaction. Streets have curbs and gutters with sidewalks and street-tree plantings that help unify the neighborhoods. (See Figure 3.1 - I)
II. Mountain Homes The streetscape for the Mountain homes is a winding, natural. low impact ‘mountain roadscape” expression reflective of a rural scene. Streets are visually subordinate to the naturally planted road “edges” and the dominant woodland Landscape. Lighting and signage merely assist with directional travel and safety.  Plantings look as if the~ “had always been part of this mountain lane scenery.’ The roads are reminiscent of the Blue Ridge Parkway.  (See Figure 3.1 – II)
III. Mixed Uses. The streetscape for the Mixed Uses areas has a public and urban feel.  They are linked to the other neighborhoods by Straus Parkway, common areas. and pedestrian greenways.  The streetscapes are characterized by a commercial public appearance with wider walks, parking, and public plazas.  Street trees and site elements are urban in nature but still embrace the natural surroundings. (See Figure 3.1 - III)

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3.2 Architectural and Landscape Character

         3.2.1 General Guidelines

I. Parkside, Lakeside and Mountain Park Homes

The Buildings of Straus Park are to be what has been called Mountain Park Architecture (see 1.3.2 Architecture). The overall shape of the Parkside, Lakeside and Mountain Park Homes in the Mountain Park style should be determined equally by the roof shape and location of the upper floor within the gabled roof, and by the foundation shape and treatment required by the topography at each type of site.

Parkside, Lakeside and Mountain Park Homes should be predominantly side gabled with a steeply pitched, front-facing, crossing gable. Less often they may be hipped with front-facing gables. The gables shall contain the upper floor rooms, with the addition of steeply pitched dormers as needed. Multiple, sometimes overlapping, front gables may be used to meet the plan requirements for interior spaces as well as for entrances, porches, and balconies. Foundation walls should be treated as part of an overall theme of material and contrast.

Exterior walls should be one to one-and-a-half story in height; wall plate heights may be varied within each home and from home to home; gable ends may overhang lower stories. Walls should be clad with wood weatherboards, wood shingles, stucco, stone or brick. Most homes should incorporate more than one type of material for contrast. The applied colors are to be muted and organic.

Entrances, which may be separate from or combined with covered porches, should be simple, sheltered doorways incorporating heavy doors and broad, stone-like trim. Windows should be tall and narrow, most often casement type, less often double hung, and, in inhabited rooms, arranged wherever possible in groups of three or more, often in single or multi-story bays.

Covered porches are to be developed under the main roof of the house, frequently at side or corner locations. The floors of both covered and uncovered porches should be supported by walls or piers clad with continuous or contrasting wall materials. Columns, posts, rails balusters, newels and stairs should be constructed using simple, relatively unworked, large, solid or built-up members.

Chimneys should be massive, elaborated, tall and prominent, whether constructed of masonry or clad in another wall material over wood framing. They are to be characterized by bottom-to-top contrast in wall materials and may be patterned and articulated as multiple shafts, with elaborate terminations. All miscellaneous exterior elements and or fixtures, such as roof vents, Sun Tunnel skylights, mechanical and electrical installations must be located away from street facades and hidden from public view. The Environmental Control Committee must approve any such elements and/or fixtures. Each situation will be reviewed on an individual basis.

The landscape character of Straus Park is described and named and called “mountain park landscape”. The overall character of the Parkside, Lakeside and Mountain Park Homes is governed by a more cohesive, uniform, tree-lined, “neighbor friendly” streetscape. Fences, street lighting, porches and walkways support and encourage pedestrian use and social interaction.

The landscape site elements and plantings reflect and reinforce this concept of Mountain Park landscape and architecture. Plantings may be a bit more uniform, i.e., a landscape where evenly spaced street trees and hedges are appropriate especially along the Mountain Park Home streetscapes. Yet the plantings in and around the homes shall be more informal and natural in appearance.

Plantings in the Mountain Park Homes areas shall create and define outdoor private, semi-private and public common green spaces, thus creating a greater degree of personal privacy for interior spaces and encouraging use of more public spaces.

Plantings should add variety and beauty to the whole scene linking the man-made environment with the natural environment,

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II. Mountainside Homes

Due to the nature of the steep and wooded sites, the Mountainside Homes on the higher elevations of Straus Park are sited with less density than the neighborhood homes. Therefore, the Mountainside Homes may have a higher degree of individuality in their design and their siting. These homes should be carefully designed with sensitivity to the existing natural environment and care in the actual siting of the building in the landscape.

The buildings of Straus Park are to be what has been called Mountain Park Architecture (see 1.3.2 Architecture). In accordance with this eclectic style, the Mountainside Homes should have an informal and irregular design (as opposed to a symmetrical composition) with a picturesque, romantic quality of appearance. The styles within this context, which may be most appropriate as references, are the domestic versions of what is called Medieval (Post-medieval English, Shingle, Richardsonian Romanesque and Tudor) and Arts and Crafts (Prairie or Craftsman).

Specifically, the roofs of the Mountainside Homes should be hipped, gabled, or a combination thereof, with upper floor rooms located within the roof volume. The exterior walls should be clad with natural materials. The applied colors should be muted and organic. All miscellaneous exterior elements and/or fixtures, such as roof vents, Sun Tunnel skylights, mechanical, and electrical installations must be located away from the street facades and hidden from public view. The Environmental Control Committee must approve any such elements and/or fixtures. Each situation will be reviewed on an individual basis.

The overall character of the Mountain Homes’ landscape is expressed through and governed by the existing natural site features such as the woodland, understory vegetation, steep slopes, rock outcroppings, coves, streams, sun/shade aspects, views and wildlife. These features form and determine the site planning, i.e., how the homes are settled into the landscape and become an integral part of the overall landscape character surrounding the Mountain Homes and their planned site elements.

The roads are rural in character, downplaying the impact of vehicular traffic and creating a “woodland” feeling to the built environment. Native and ecologically compatible plant species planted in large drifts knit the “edge” where the open spaces along the roadway and the woodlands meet.

The clearing of trees and site vegetation, as well as the altering of the existing landforms, is kept to an absolute minimum. The planning design should be “restrained, understated and less is more”. Native or ecologically appropriate plant species are used to heal the scars incurred by site clearing and grading. The Mountain Homes’ final appearance is to “always been there” by integrating with the natural landscape.

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III. Mixed Uses

The Mixed Use buildings incorporate the retail, office and apartment living functions within Straus Park. These functions may all occur integrated within singular buildings and/or occur individually as mono-functional building types. The buildings of Straus Park are to be what has been described as Mountain Park Architecture (see 1.3.2 Architecture). The overall shape of the Mixed Use buildings in the Mountain Park style should be determined equally by the roof shape and location of the upper floor within the gabled roof, and by the entrance shape and treatment at the street level.

Mixed Use buildings may be side gabled or hipped with a steeply pitched, front-facing, crossing gable. The gables may contain the upper floor rooms, with the addition of steeply pitched dormers as needed. Multiple, sometimes overlapping, front gables are to be used to meet the plan requirements for interior spaces as well as for entrances. Roof overhangs; recesses in the building volumes, and canopies define covered outdoor spaces for activities such as window-shopping, sidewalk café seating. etc. All entrances should be covered and designed to signify their public-customer service function. The public entrances of the offices and the shops as well as the window openings at street level should be generous in size to provide a hide degree of transparency between building interior and the streetscape. Lobbies should be located and designed appropriate to their function and provide ease and comfort of entry or departure.

Most exterior walls should be one-and-a-half story in height, and may clad with stucco, stone or brick. Walls should incorporate more than one type of material for contrast and foundations should be treated as part of the overall theme of material and contrast. The applied colors are to be muted and organic.

Windows should be tall and narrow, most often casement type, less often double hung, and, in inhabited rooms, arranged wherever possible in groups of three or more, single or multi­story bays are encouraged.

Chimneys should be massive, elaborated, tall and prominent, whether constructed of masonry or clad in another wall material over wood framing. They are to he characterized by bottom-to-top contrast in wall materials and may be patterned and articulated as multiple shafts with terminations. Miscellaneous exterior elements and/or fixtures, such as roof vents, Sun Tunnel skylights, mechanical, and electrical installations, must be located away from the street facades and hidden from public view. The Environmental Control Committee must approve any such elements and/or fixtures. Each situation will be reviewed on an individual basis. Commercial signage is limited to the main level area and should compliment the overall building design and the public signage system of Straus Park.
 
The overall character of this area will have a more commercial/retail public feeling. The buildings become larger in scale and more public in their expression and the landscape character follows suit. Yet the plants should still reflect a natural, informal planting scene. The landscaping should help soften and integrate the buildings into the natural surroundings.

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IV.  Special Uses

The buildings of Straus Park are to be what has been called Mountain Park Architecture (see 1.3.2 Architecture). Due to the size, public nature, and location in Straus Park, the buildings of Special Uses (Lake House, Inn and Spa, etc.) are to be prominent representatives of the Mountain Park theme. The appearance of these buildings should be determined by their massing and roof shape, the location of an upper floor (or floors) within the roof and by the treatment of the entrances and the porches in relationship to the site and street.

Special Use buildings may be hipped and/or side gabled with a steeply pitched, front-facing, crossing gable. The gables should contain the upper floor rooms, with the addition of steeply pitched dormers as needed. Multiple, sometimes overlapping, front gables may be used to meet the plan requirements for interior spaces as well as for entrances, porches and balconies. Parapet gables should be considered for prominent locations.

Walls may be clad with wood weatherboards, wood shingles, stucco, stone, or brick and should incorporate more thank one type of material for contrast. The applied colors are to be muted and organic; many different colors may be used. Porches and terraces are to be prominent in design and in their locations relative to the building and site. The floors of both porches and terraces must be supported by walls and/or piers, which are conceived, as well as the foundation walls, as an integrated part of the overall exterior wall treatment.

Entrances may be combined with porches or porte-cocheres and should be appropriate in scale and executed to their public function. The windows should be tall and narrow, most often casement type, less often double hung, and, in inhabited rooms, arranged in groups of three or more, in single or multi-story bays where possible.

Chimneys should be massive, elaborate, tall and prominent, whether constructed of masonry or clad in another wall material over wood framing. They are to be characterized by bottom-to-top contrast in wall materials and may be patterned and articulated as multiple shafts with elaborate terminations.

All miscellaneous exterior elements and/or fixtures, such as roof vents, Sun Tunnel skylights, mechanical, and electrical installations, must be located away from street facades and hidden from public view. The Environmental Control Committee must approve any such elements and/or fixtures. Each situation will be reviewed on an individual basis. All ancillary structures are to be designed and located to complement the main building and to be non-disturbing to the users and the public. All signage must be conceived and executed as an integral element of the building design and be complimentary to the signage concept of Straus Park.

The overall character of this area becomes more civic, grander in scale and more prominent due to building sizes, proportions and site locations. The landscape character of the Special Uses should reinforce and reflect this unique expression.

Site plantings soften the impact of pavement, buildings and parking, yet support and reinforce pedestrian/bicycle circulation routes and define views. Additionally, it assists in creating and defining “people places”, providing shade and screening site utility elements while highlighting and complimenting the Mountain Park Architecture as a link to the existing natural landscape.

          3.2.2 Design Requirements

I. Parkside, Lakeside and Mountain Park Homes

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II. Mountainside Homes

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III. Mixed Uses

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IV. Special Uses

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4. Environmental Control Committee Guidelines and Procedures

4.1  Introduction

4.1.1  Authority

The Straus Park Environmental Control Committee (hereinafter referred to as the ‘Committee”) is established by the Developer/Declarant in accordance with the Declaration of Covenants of Straus Park recorded in the office of the Register of Deeds for Transylvania County, North Carolina on December 31, 1997, Deed Book 417 at page 667. The covenants stipulate that “No improvements to, modification of, or construction of any kind on any Lot shall occur, unless the same shall have been previously approved in writing in the manner set forth herein by the Environmental Control Committee. The foregoing approval is required for any disturbance of or construction on a Lot (collectively, “Construction”), including but not limited to the following types of Construction; buildings, houses, signs, fences, parking areas, lighting, pools, gazebos, sports equipment and landscaping. The Committee shall publish, and may amend, from time to time, architectural and construction guidelines (the “Guidelines”) in connection therewith. Without limiting what the Guidelines shall address, it is anticipated that the same shall set forth design and building requirements, plans review procedures, compliance requirements, administration and impact fees to reimburse the cost of’ review and/or to defray the anticipated damage to be done to roadways which may be charged by the Committee for payment to the Property Association, and compliance deposits (subject to assessment in case of non-compliance) which must be paid prior to the commencement of any Construction on a Lot. No Construction on a Lot shall commence or continue if the plans have not been approved in writing by the Committee, and the required fees paid.”

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4.1.2  Purpose

The Committee’s purpose is to assure the orderly development of an environmentally attuned, aesthetically pleasing and harmonious community of residences, retail shops, offices and other community support activities, preserving the natural beauty of the Park and thereby enhancing the value of each property owner’s investment. This will be accomplished by reviewing all proposed projects for compliance with rules for design and construction as described herein and Chapter 3, Guidelines and Requirements.

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 4.1.3   Scope

Plans for any product of construction to be implemented within Straus Park must be submitted to, and approved by, the Committee. (*) Such products include all construction, modification, remodeling, and landscaping, including but not limited to:
         
(*) For purposes of control and administration, these procedures apply to all products for construction with the exception of the developer built units where Straus Park Development Inc. is the applicant on behalf of the purchaser.  In those cases, the Committee has pre-approved building plans including landscape plans and the agreements, including review fees and deposits are assumed by the developer.  Complete records will be prepared and maintained, however, for all building sites and compliance inspections will beperformed to insure satisfactory completion in accordance with the approved plans.

          a. Buildings, walls, fences, garages, sheds, roads, driveways, walkways, parking areas, signs, patios, decks, external antennas, outdoor lights, fuel tanks, fixed sporting equipment, wells, statuary or any decorative structure.
          b. Grade modification including cutting, filling, regrading, or any drainage modification work;
          c. Altering the exterior of existing structures in any way including repainting/staining, re-roofing, replacing windows or doors, etc.
          d. Internal remodeling, the scope of which requires a Transylvania County Building Permit. Minor internal remodeling, with no change to the exterior of the building, and not requiring a County Building Permit, does not require submission to or approval by the Committee.
          e. Any construction upon or topographic modification of any Straus Park Common Property must also be approved in writing by the Declarant.
          f. Alteration or removal of any vegetation/live trees.

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4.1.4     Objectives

Architectural design and site reviews shall be directed toward achieving the following:
           a.  Preventing excessive or unsightly grading, earth moving or clearing of property removal of trees and vegetation which could cause disruption of drainage and natural water courses, or aesthetically scars existing natural environment.
           b. Ensuring that the actual siting and configuration of structures and landscaping is integrated with the terrain and vegetation of the lot and surrounding areas; does not unnecessarily block scenic views from existing or potential structures; or tends to dominate any structures or natural landscape features in the area.
          c. Ensuring that individual architectural design and construction of all buildings is harmonious in form and finish with the street neighborhood and is in consonance with the mountain park architectural theme (Chapter 3); and insures visual coherence from neighborhood to neighborhood;
          d. Ensuring that landscaping plans provide for the following: Immediate “healing” of construction scars on the natural landscape, minimizes the elimination or replacement of indigenous plant material, provides for visually pleasing settings for the structure, and blends harmoniously with the natural landscape.
          e. Ensuring that any building design, siting and landscaping complies with the applicable Covenants and Guidelines;
          f.  Establishes a compliance procedure that provides for permitting, inspections and sign-off approval of all construction and landscaping.

The actions of the Committee shall in no way relieve the applicant from also complying with all other applicable town or county codes and/or requirements of any other official regulatory agency.

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4.2  Review Procedure

4.2.1  The Environmental Control Committee

The Directors, in accordance with the Bylaws, shall appoint the Environmental Control Committee. The ECC consists of an Administrator (who manages the ECC and shall vote only to break ties) and shall have four other members, one who must he a practicing Land Planner of Landscape Architect, one who shall be the Community Manager (if one exists), one who shall be a licensed Architect or Engineer and one who shall be appointed by the Declarant. The review and follow-on compliance functions are managed day-to-day by an Administrator who meets with and provides information to applicants, owners, architects and builders, and convenes the Committee, as workload requires. Any inquiry concerning these Guidelines and Procedures should be addressed to the Administrator, Environmental Control Committee, Straus Park Development Company, 1175 Asheville Highway, Brevard, NC 28712.

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4.2.2  Plans Approval Procedure

The plans approval process  (*)  is the principal controlling aspect of orderly construction that produces aesthetically coherent development. The process begins with the owners’ application for Plans Approval and Building Permit (Exhibit 4.6.1). The application should be accompanied by the review fee and plans appropriate to the level of approval requested. The Administrator will then review the application, plans, material samples and other supporting information to determine the level of review requested, visits the proposed site to determine if there are unusual circumstances and then schedules the plans for review at the next Committee meeting. Upon Committee approval, the Administrator will prepare an approval-agreement letter to be signed by the owner, architect and builder. (Exhibit 4.6.3) When this document is executed with appropriate deposit, the Straus Park building permit will be issued and construction may begin, in stages, via the permitting process. Construction will be monitored by the Administrator to ensure compliance with the approved plans. When the applicant completes all work, a final compliance inspection Wit! be conducted and, assuming compliance, the construction deposit released. Occupancy may not begin until this process is completed.

(*)  For purposes of control and administration, these procedures apply to all products for construction with the exception of the developer built units where Straus Park Development Inc. is the applicant on behalf of the purchaser. In those cases, the Committee has pre-approved building plans including landscape plans and the agreements, including review fees and deposits are assumed by the developer. Complete records will be prepared and maintained, however, for all building sites and compliance inspections will be prepared to insure satisfactory completion in accordance with the approved plans.

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           4.2.2.1.  Application

The Application for plans review and Building Permit (Exhibit 4.6.1) is to be completed and submitted to the Administrator with the required fee (Paragraph 4.2.2.2) together with complete plans (appropriate to level of review requested) for the project (Paragraph 4.2.5.1).A Variance Request Form (Exhibit 4.6.2) must also be completed if the applicant requests any variance from the Guidelines. Copies of the application and other required forms can be obtained at the Straus Park Administrator’s office.

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           4.2.2.2 (**) Review/ Permit Fees

(**)  These fees are preliminary and may be revised from time to time by the Committee to accommodate the cost of administering the Committee’s work.

A non-returnable review fee must be submitted with the application. This fee is earned upon review and issuance of the Committee Approval-Agreement letter. (Exhibit 4.6.3)

All applications will include project identification under one of the following categories:
          a.  New residence (based on square footage of au areas under roof) at the rate of $.35 per sq. ft. ($500.00 minimum)
          b.  Commercial per above up to a maximum fee of  $1,500.00
          c.  Addition (any physical alteration of the exterior envelope of the structure, including swimming (pools)      $300.00
          d.  Alteration (visible external effect but no envelope foundation change) $100.00
          e.  Internal remodeling - No fee
          f.  Tree removal, exterior re-staining/painting, roof finish replacement or other minor external changes (special application forms are available at the Administrator’s office) -- No fee
          g.  In addition to the above, for new construction, there is a $1,000 road impact fee (NOTE: The road impact fee covers extra wear and tear on the road system that occurs during the construction process. It does not cover real damage, accidental or otherwise to road shoulders, drainage systems, vegetation or other Straus Park property).

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          4.2.2.3   Owner Compliance Deposit

The following Compliance Deposits must be submitted when the Straus Park Environmental Control Committee Approval-Agreement letter is signed. The deposit will be held without interest to the owner; any interest accrued shall be for the benefit of the Committee function. These Compliance Deposits are to assure that the project is completed in accordance with the approved plans and specifications including landscaping; that the job site is maintained in accordance with these Guidelines and that any property damaged by the contractor is repaired. The deposit (less any administrative fee) will be returned to the owner upon satisfactory completion of all work.

If an existing home is razed or substantially stripped to foundation and framing, the project will be defined and the Compliance Deposit calculated as a new home.

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            4.2.2.4  Permits

After satisfactory plans review and approval, signing of the Straus Park Approval-Agreement Letter (Exhibit 4.6.3) receipt of the Compliance Deposit(s) and successful completion of the Initial Site Check as defined in Paragraph 4.2.5.4, the Administrator will issue a Straus Park Building Permit (Exhibit 4.6.4). Please note that the Straus Park permit does not supplant in any way the requirement for a Brevard/Transylvania building permit. The permit, in addition to other required building permits, is the authority to proceed with clearing, grading and foundation forms placement. Permitting of further work will be in accordance with Paragraph 4.2.6. Site Survey and 4.2.7, Driveway Inspection.

A complete set of plans and specifications, the Application for Building Permit, other required forms and related correspondence, as approved by the Administrator, will be retained in the Committee files. These documents are the basis for subsequent site work-in-progress and final inspections by the Administrator, which are necessary before release of the Compliance Deposit(s), less any recorded administrative fees assessed during the construction process. It is the policy of the Committee to inspect each building site regularly for construction progress and compliance with the approved plans and specifications.

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          4.2.2.5  Changes

If any changes to the approved plans and specifications involving the exterior of the structure or the site are desired during construction, documentation of such changes must be submitted to the Administrator for approval on the Change Request Form (Exhibit 4.6.5). If the change constitutes a variance from the Guidelines, a Variance Request Form must be included. Work on an exterior change is not allowed until the request is approved in writing. Interior changes that occur after closing must be reported, although approval is not required. Any changes to the plans and or specifications that occur during the construction phase could cause significant time delays for construction to be completed.

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          4.2.2.6  Appeals

Applicant may resubmit amended plans to comply with the Committees letter.

If the applicant believes the Committee has not adequately considered the issue, the applicant may petition the Declarant by letter for a final hearing and decision.

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4.2.3    Conceptual Review

If an applicant, prior to detailed plan preparation, has a concern about the acceptability of any planned architectural features, structural layout or site development under the Guidelines, a conceptual description may be submitted to the Committee for informal evaluation and comment. This approach may avoid costly plan revision and delay during the approval process. There is no fee for a conceptual review.

4.2.4     Preliminary Review

If the applicant is concerned about the acceptability of the project design, a preliminary review may be requested by submitting an Application for plans review, with the appropriate box checked, along with the full fee. The submission must include a site plan, at an appropriate scale. showing; the required setbacks; the footprint of all structures dimensioned to the property Lines; the tree survey; existing grade elevations; and sketches of the building elevations. The preliminary review will be conducted at a regularly scheduled Committee meeting. The written response to the preliminary review is for information purposes only, and is in no way binding on the Committee to subsequently approve the final plans.

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4.2.5     Final Review

          4.2.5.1  Submittal Requirements

One copy of the documentation described below must be submitted to the Committee. This copy will be retained by the Committee. If applicant wishes a marked-up copy, two complete sets of plans should be submitted.

                    4.2.5.1.1 Site Plan

A site plan at an appropriate scale (at least 1:20, 1:10 preferable and sealed by a registered surveyor) is required that clearly indicates the following;
          a.  Topographical two-foot (2’) contours showing existing and finished grades,
          b.  All trees over six-inch (6”) diameter measured at four feet (4’) above the ground; groups of three or more trees within three feet (3’) of each other, each of which exceeds three inches (3”) in diameter measured four feet (4’) above the ground, the tree species, those trees which are to be removed marked with an “X” and delineated clearing limits. Specimen trees requiring protective barriers must be so marked.

Note - clearing limits must be clearly marked.…. no trees or vegetation outside this area can be removed without written ECC approval. Areas requiring a protective barrier must be identified. This barrier must be constructed of wood and remain in place during construction.

         c.   The required setback lines along with the extreme edges of all proposed vertical construction (over eighteen inches (18”) above final grade) including, but not Limited to, the building and its roof overhangs, porches, decks, service yards, fences, heating/air conditioning equipment, etc., dimensioned to the property line;
         d. Major site features on the near edges of adjacent properties including the edges of vertical construction, roads, paths, waterways, drainage features, sewer or collection basins or culverts (with sizes and inverts), etc.
         e.  All proposed horizontal construction (less than eighteen inches (18”) above final grade) including driveways, parking areas, paths. walkways, planters, pools, decks, patios, etc.
         f.   The location of any other fixed structures, not directly related to the residence, sited on the property.
         g.   Grading and drainage plan including erosion control measures (on separate sheet if necessary) indicating all planned changes from original grade (with contour lines), swales, tree protection, culverts (with material sizes and inverts), and connections to off-site drainage ditches, retention ponds, etc., including culverts and swales (with sizes and inverts).
         h.  Service entry to lot for water, electricity, telephone, cable TV and sanitary sewer

          4.2.5.1.2  Landscape Plan

In general the landscape plan should reflect an attempt to preserve, as much as possible, the indigenous vegetation, removing only those trees necessary for construction; some clearing or thinning will be acceptable for the health of the remaining trees, view, and breeze. Under-story should he cleared judiciously, keeping in mind the need for reasonable screening from adjoining properties. Clearing of large areas will not be approved, and removal of any tree must be approved in writing by the Committee.

The object of the plan (design) will be to “integrate” the house/hardscape into the existing landscape, preserving as much as possible, per the above, and adding materials, variety, size and textures to provide an interesting design and to soften the intrusion of construction by blending it with the natural environment All bare and scarred areas must be covered by mulch or groundcover, lawn or other plant material.

The required plan includes a landscaping diagram (overlay of site plan) showing the size, species and location of all existing (retained) trees and shrubs, species and size at planting with indication of size at maturity of proposed individual trees, shrubs and plant materials; grass and mulched areas; gardens; along with the footprint of buildings and horizontal construction., and the location and type of all exterior lights.

          4.2.5.1.3  Architectural Plans

Fully dimensioned and annotated architectural plans at a scale of 1/4 inch per foot are required including;
          a.  Floor plans with computation of heated/air conditioned area (in sq. ft.) by floor arid for the total building.
          b.  Elevation views of all sides showing treatment of all exterior surfaces, finished main floor elevation, other floor elevations, maximum building roof height above the main floor, original and final grade levels;
          c.  Construction details appropriate for understanding architectural detailing and structural sections including dimensioned roof/wall section(s), chimney treatment, trim., lattices, service yard, posts/columns, railings. Blusters, stair tread/riser and landing details; etc.
          d.  Complete definition of any other structures (planters, decorative posts, pole lights, flagpole, sport equipment, pool, waterfall, etc.), and signage in the commercial area, to be erected whether attached or separate from the main building.

          4.2.5.1.4  Exterior Materials and Finishes (also see Chapter 3)

Complete definition (including samples) of all exterior materials and finishes is required including but not limited to, siding, soffits, fascia, trim, roof; window frames, mullions, doors, chimneys roof projections exposed foundation, etc.; Samples of acceptable materials and finishes may be seen at the office of the Committee Administrator

          4.2.5.1.5   Variances

If the proposed Construction includes any variances, each such variance must be separately identified and requested on the Variance Request Form (Exhibit 4.6.2).

Variance approval will be based on architectural merit, the positive impact of the item to the property owner, the street, neighborhood and natural environment. The Committee may seek input from neighbors, where appropriate.

If, during its review of the Application for Building Permit data, the Committee discovers a variance that was not requested, the Committee will take no further action pending clarification or variance request by the applicant.

          4.2.5.2  Project Approval

After receipt of the Application for Plans Review Building Permit with all required documentation, the Administrator will examine all material for completeness appropriate to level of approval requested, notify applicant if additional information is required and schedule it for review at the next Committee meeting.

If the project is approved, the Committee will prepare a Straus Park Building Permit Agreement (Exhibit 4 6 3) and Building Permit (Paragraph 4.2.2 4) which authorizes the start of construction. The permit must be prominently posted at the site, along with the Transylvania County Building Permit (Exhibit 4.6 6). Construction work must start within ninety (90) days of the date of the Building Permit, and unless additional time is requested at time of’ plans approval be completed within one (1) year of the permit date.

If the project is disapproved, a letter citing the reasons for disapproval shall be sent to the applicant. The applicant may resubmit revised plans, which are in accord with the Committees letter. No additiona1 fee is required for this submittal. The applicant may, if necessary, appeal in accordance with Paragraph 4.2.2.6.

          4.2.5.3   Post Approval Control

Any change resulting in a revision to the exterior appearance requires Committee approval Plan and specification changes must be submitted to the Committee on the Change Request Form (Exhibit 4.6.5), along with modified or marked-up plans defining the proposed change. If the proposed change Constitutes a variance a Variance Request Form must also be included, but no additional fee is required. Internal changes, with no effect on the exterior shape or appearance of the project, must also be submitted for file correction, but require no Committee approval or permit amendment

If any construction not shown on the approved plans and specifications is discovered prior to project closure, such changes must be submitted to the Committee on the Change Request Form, along with revised or marked-up plans defining the change. An Administrative Fee of $50.00 will be applied. If the change constitutes a variance to the Guidelines which was not specifically authorized by the Straus Park Building Permit it must he submitted on the Variance Request Form. An Administrative Fee of$ 100.00 will he applied. Construction on that Section of the structure that involves the change and/or variance shall cease until the Committee approves it. If the Committee disapproves the change and/or variance, it must be restored to the original approved condition.

          4.2.5.4   Initial Site Check

After project approval, Compliance Deposit payment and Building Permit Agreement signing, the applicant must have stakes and strings placed to indicate property lines and the location of the horizontal limits of all proposed vertical and horizontal construction including the driveway. On a case-by-case basis, the Administrator may require stake-out and string lines for on-site review during the review process, before final approval.

Trees to be removed must he tagged in red, with no markings on the other trees. Note~ no other clearing will he allowed without ECC approval. The applicant must contact the Administrator for an inspection of the site layout. After approval, when the string lines layout is established and trees tagged, the Building Permit validated for site clearance and batter board or forms placement will be issued.

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4.2.6     Site Survey

After site clearing, batter hoard placement, foundation excavation/grading/filling, setting of forms, or pier construction, the applicant must have the location and elevation of the forms and any other vertical construction certified by a North Carolina Registered Land Surveyor.

The site survey must be documented by submission of a site plan, at an appropriate scale, with dimensions showing the setbacks on all sides of all proposed vertical construction from the property lines, and the elevation of the top of the main floor, signed, dated and sealed by the Registered Land Surveyor. After completion of the survey, the applicant must request a site inspection by contacting the Administrator. No further construction of any kind is allowed until the Administrator finds the certified site plan to be in accord with the approved plans, inspects the site and signs the “Construction Permitted” line on the Straus Park Building Permit.

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4.2.7    Driveway Inspection

When the applicant has completed preparations for the pouring or laying of the driveway, the applicant must contact the Administrator for an inspection of the driveway, drainage swale and/or culvert for elevations, sizes and materials. Forms or lines on the ground must clearly delineate the areas to be paved. The driveway shall not be poured or laid until the Administrator approves the layout and drainage by signing the “Driveway Permitted” line on the Straus Park Building Permit

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4.2.8   In Progress Inspections

During the course of construction, the Administrator will routinely inspect the site to ensure that work is proceeding in compliance with approved project plans and documents, and that construction site requirements are met if deficiencies or non-compliance areas are noted, the builder or applicant, as appropriate, will be notified of needed corrective actions.

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4.2.9   Final Grade Inspection

As work on the structure(s) nears completion and all cut and fill has been completed, all disturbed areas of the lot will be brought to a final grade, not hand raked, but reasonably prepared for the final, landscaping plan implementation, however, before any landscaping begins, the applicant or his designated representative must call for a final grade inspection. This is a mandatory’ inspection and failure to complete this inspection before planting, may result in forfeiture of deposit as the Committee may determine, and corrective measures.

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4.2.10   Final Inspection

When the applicant has completed the project, including landscaping in accordance with the Straus Park Environmental Control Committee Approval-Agreement letter, the applicant shall submit a letter to the Committee signed by the owner (or owner’s agent) and the builder, certifying that all permitted work has been completed in accordance with the plans and specifications, and any amendments thereto, approved by the Committee. A copy of the Transylvania County Certificate of Occupancy and final as-built survey must also be submitted to the Committee.

If the Committee concurs that all permitted work has been completed in accord with approved plans and specification., the Compliance Deposit, less any administrative fees assessed, shall be returned to the applicant.

If the Committee finds that the permitted work was not in compliance with the approved plans and specifications, the Committee will issue a letter to the applicant stating the reasons for noncompliance The applicant must correct the deficiencies and resubmit a letter certifying completion A final, follow-up inspection will then be performed If the noted deficiency has been corrected, the deposit less an additional administrative fee of $50, for re-inspection, will be released.

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4.3 Architect Registration and Design Guidelines

Architects and designers including landscape architects and designers who wish to submit plans to the Committee must register with the Administrator receive a copy of this manual and execute an acknowledgment letter (exhibit 4.6.8).

There is no intent to limit Straus Park design to any particular architect or designer or group, or restrict design talent, or specify rigid design parameters, rather, the registration process is simply intended to insure that those who do plan to submit plans for Committee consideration are aware of the design philosophy for the project and, more specifically the Mountain Park identifying design elements that will bring cohesion to the entire project. To this end, design guidelines for Mountain Park Architecture are detailed in Chapter 3.

In addition to these specific design considerations, the Committee will pay close attention to setting and blending of the structure with the natural environment and compatibility with neighboring structures The objective will be to achieve an integrated and harmonious appearance throughout the project, as defined in paragraph 4 1 .3 Any structure that abuses the natural setting and stands out from its neighbors will not be acceptable.

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4.4   Contractor-Builder Instructions

All Contractors who wish to build in the Straus Park project must be registered with and approved by the Committee. The procedure for acceptance is explained herein below and in exhibit 4.6.8 (Architect or Contractor Letter of Acknowledgment). The purpose of this approval is simply to facilitate a successful program for the developer and insure a high quality end product for the owner(s) instilling quality control in the building process. Approved builders will be expected to be thoroughly familiar with all the Committee guidelines and procedures and to follow them carefully. Those who do not perform to the expectations of the process will be reminded of the requirement(s) and asked to comply. Repeated lapses may result in removal from the approved builders list. Any questions about registration or performance requirements should be directed to the Committee Administrator.

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4.4.1 Builder Responsibilities

                     4.4.1.1 Permits

After plan approval per paragraph 4.2.5.2 the contractor may pick up the permit at the Committee Administrator’s office. This permit must be posted at the construction site (exhibit 4.6.6).

                     4.4.1.2  Signage

The builder is responsible for erecting the sign per exhibit 4.6.6. This sign may also display architect and landscape architect name, address and phone number. The sign is to be erected on the lot so it is clearly visible from the Street.

                     4.4.1.3  Temporary Utilities

The builder is responsible for arranging for temporary water and electric service availability at the job site.

                      4.4.1.4  Construction Equipment

Temporary structures may be placed on the job-site during construction with prior written consent of the Administrator. This structure mustnot be used as temporary living quarters and must be removed when intended use has ended but before commencement of landscaping. Tool trailers may remain on site during construction but prior approval must be granted to leave large equipment overnight.

                       4.4.1.5  Control of Subcontractors

The contractor-builder is responsible for insuring all subcontractor and tradesman compliance with these guidelines and requirements.

                        4.4.1.6 Exercise Due Care

The Contractor-Builder will be held financially responsible for damage to roads, common areas or any property that is beyond normal wear and tear to the roads caused by normal traffic.

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4.4.2    Builder Compliance Areas

During the construction process, certain required inspections will be conducted by the Administrator. Some of these will be controlled by the “permitting in stages” process (exhibit 4.6.4) others in accordance with the plans approval-agreement and still others as part of routine construction monitoring.

The following is a brief list of items checked regularly for compliance:
          a.  Site work may not begin until the permit is issued;
          b.  Permits and builder identifications must be posted for easy visibility from the street (exhibit 4.6.6);
          c.   Trash containers (dumpsters) and portable toilets must be on site prior to any construction;
          d.   Job site to be organized and free from litter and trash container(s) emptied regularly;
          e.  Disposal of paints, chemicals or other substances harmful to the environment must be in accordance with state and local laws. They may not be disposed of on site;
          f.  The lot may be cleared only to the extent of the approved construction area.
          g.   All construction activity, materials, etc. must be located within the property boundaries, and only within the approved cleared limits;
          h.   Installation of a barrier fence for the protection of specimen trees as identified by the ECC. This fence will be constructed of wood and must remain in place until all construction is complete.
          i.  Job sites are to be free from nuisance behavior i.e. loud radios; loud, objectionable behavior or language by workers;
          j.    Hunting or fishing on Straus Park property is not permitted by contractor or sub-personnel
          k.  Alcohol or drug use by construction personnel is prohibited on the job site or anywhere on Straus Park propert.
          l.  Trash burning on job sites is prohibited.
          m.  Loitering on job site after work hours is not permitted,
          n.   Roads and private drives may not be blocked for any reason,
          o.   Personal pets of contractor or sub-contractor personnel are not permitted on job sites;
          p.    Work hours are to be followed: M-F 7:30am to 6:30pm, Saturday 8:30am to 4:30pm. Work is not permitted on Sunday, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving or Christmas Day;
          q.   Trash hauling trucks must be covered;
          r.    Contractor must coordinate with utilities prior to any trenching work near road or other right-of-way or easement areas;
          s.   Erosion control measures must be installed prior to any excavating work. These measures must be in effect during all Construction until disturbed surfaces are stabilized;
          t.    Drainage may not be impeded … temporary culverts may be installed in drain ways during construction.
          u.   Construction or finish work at variance with the Committee approved plans must cease until approval in granted Restorations may be required;
          v.    All contractor personnel are expected to comply with the listed 051-IA safety regulations

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4.5 Contractor - Other Instructions

Any work or construction activity of any kind effecting the Straus Park environment on private lots or common areas must first be approved by or coordinated with the Committee Administrator. This includes but is not limited to any real property improvement. e.g. construction, vertical or horizontal, landscaping, tree removal, planting, significant pruning, etc.. lighting or cable installation, drainage control measures or utility installation or repair work

The purpose of these measures is to ensure, to the maximum extent possible, the preservation of the natural beauty of Straus Park. Construction activity, controlled or otherwise, can cause considerable stress to the natural ecosystem. By thoughtful application and checks we will endeavor to minimize this damage and, hopefully, contribute to the overall enhancement of the park and, thus, add to the attractiveness of our community.

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5. Covenants and Bylaws of Straus Park

DECLARATION COVENANTS

STRAUS PARK

This Declaration of Covenants of Straus Park is made as of this 31st day of December, 1997 by Straus Park Development company, a North Carolina Corporation, for the benefit of itself and all future owners of those certain portions of the property within the bounds of the tract described in that deed recorded in Transylvania County Deed Book 417 at page 667, which portions are established in the manner set forth below to be defined as Straus Park.

RECITALS

Whereas, Declarant, being the owner of all Straus Park, wishes to establish Straus Park as a mixed use community, with a general scheme of development that Declarant expects will prove to be beneficial to Straus Park, to the city and county in which it is located, and to the Declarant and all of its successors I interest in ownership of all or any part of Straus Park; and

Whereas, Declarant wishes Straus Park to be established, constructed and operated in a first class manner, with different, but compatible, uses of the property therein, including among such uses (but not limited to) single family and multi-family residences, retail shopping, offices, libraries, banks, medical facilities, as well as such other compatible uses which Declarant or the Master Association determines to be permitted in Straus Park.

Now, therefore, in consideration of the foregoing, the following are hereby declared to be covenants, that shall run with the Straus Park land, and shall bind, benefit, and burden all of Straus Park, to with:

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I. DEFINITIONS

The terms set forth below, as used in the Declaration, are defined as follows:

1.1 “Assessments” – The amounts assessed against the Owners, from time to time, by the Master Association, to enable it to operate Straus Park in accordance with the Declaration and pay for the Maintenance thereof.

1.2 “Bylaws” – That document entitled “Bylaws” which is attached to the Declaration as Exhibit A thereto, to serve as the corporate bylaws of the Master Association, as the same may be amended hereafter.

1.3 “Classification” (or “Classifications”) – The designation on a Plat of a Lot as Mountainside Homesite, Townhome, Mountain Park Homes, West Village or Park Place.

1.4 “Classification Covenants” – Those covenants applicable to, and binding upon, all Lots in a single classification, and which are attached to the Declaration as the Townhome Lot Covenants, Park Place Lot Covenants, etc., as the same may be amended hereafter.

1.5 “Common Areas” – All of Straus Park, except the Lots, the Long Meadow, the PUD Elements, and as otherwise limited elsewhere in the Declaration. No Common Areas are dedicated until so shown on a Plat. Declarant has committed to complete, within two (2) years from the date hereof, the Lake House, a landscaped entrance area, at least tow park areas in Park Place and pedestrian nature trails. The manner of such completion is and remains within Declarant’s discretion.

1.6 “Construction” – The physical disturbance of any Lot, including grading, excavation or, other site preparation thereof, and the location, placement, erection, construction or replacement of any structure, building house, sign, fence, parking area, driveway, sports equipment, Landscaping, pools, gazebos or trellis thereon.

1.7 “Declarant” – The North Carolina Corporation named “Straus Park Development Company”. The address of the Declarant for notices is 1175 Asheville Highway, Brevard, NC 28712. Its Registered Office is presently, Ten Chestnut Square, Cashiers, North Carolina 28717-0386, and its Agent for Service of Process is J. Edwin Henson. Both addresses are subject to change.

1.8 “Declaration”- This Declaration of Covenants of Straus Park, as the same may be amended hereafter.

1.9 “Director” (or “Directors”)- Those persons elected by the Master Association to serve as directors thereof, in the manner provided for in the Bylaws.

1.10 “ECC” – The Straus Park Environmental Control Committee, which shall govern all Construction within Straus Park, pursuant to the guidelines

1.11 “Guidelines” – The ECC Guidelines and Procedures, as set forth in the Straus Park Design Guidelines and Procedures Manual, as the same may be amended from time to time.

1.12 “Holder” (or “Holders”) – The holder of a note secured by a duly recorded deed of trust on a Lot, so long as such holder is the Declarant or is a commercial lender, such as a bank, savings bank, credit union or insurance company.

1.13 “Lake House” – That structure (and all related facilities, including the furnishings thereof), as existing or improved or constructed hereafter, which is a part of the Common Areas, and which is to be used as a community building, offices for the Master Association, and other related and unrelated uses, as the same is shown on a Plat or Plats hereafter.

1.14 “Landscaping” – The general care and treatment of green areas, including seeding, reseeding, planting, replanting, trimming, pruning, mowing, edging, watering, fertilizing, thatching and other care, removal, maintenance and replacement of green areas, lawns, trees, shrubs, flowers, and other vegetation.

1.15 “Limited Common Area” – Any portion of the Common Areas which is so designated on a Plat, and which exists or is operated for the benefit of one or more, but less than all, Lots in a Classification.

1.16 “Long Meadow” – That area of 14 acres, more or less, (primarily grassy plain), at the eastern edge of Straus Park, and as so designated on a Plat.

1.17 “Lot (or “Lots”) – Any subdivided parcel of land with a Classification within Straus Park that is shown numbered or lettered on a Plat as available for sale.

1.18 “Maintenance”, “Maintain”, and “Maintaining” – The activities conducted to enable the Master Association to operate, manage, maintain, insure, repair and replace the Common Areas and PUD Elements, including the improvements thereto, in the manner required by the Declaration; and to enable the Owner’s Associations in the PUD Classifications to perform such activities with respect to the PUD Elements in such Owner’s Association’s Classifications. The course of said conduct is to Maintain or Maintaining.

1.19 “Maintenance Area” (or “Maintenance Areas”) – A portion of the Common Areas, whether or not so denominated on a Plat, which is used in furtherance of the Maintenance of the Common Areas.

1.20 “Majority of Owners” – The Owners of one more than one half of the number of Lots in a Classification.

1.21 “Master Association” – That North Carolina Corporation formed (or to be formed) as Straus Park Master Association, Inc.

1.22 “Mountain Park Homes Assessments” – The amounts assessed by the Straus Park Mountain Park Homes Owner’s Association (or the Master Association if permitted hereby) against Mountain Park Homes Lot Owners to enable such Owner’s Association to pay the costs of Mountain park Homes Maintenance.

1.23 “Mountain Park Homes Common Elements” – The private roadways, including driveways and all Landscaping within the Mountain Park Homes Classification, unless designated as Common Areas or an area for Owner maintenance on a Plat.

1.24 “Mountain Park Homes Maintenance” – The activities of the Straus Park Mountain Park Home Owner’s Association to operate, manage, maintain, repair and replace the Mountain Park Homes Common Elements.

1.25 “Non-Residential Lot” – A Lot with the West Village or Park Place classification.

1.26 “Offer to Purchase” – An offer to purchase an Owner’s Lot which Owner finds acceptable and intends to accept (if Declarant’s right of refusal is waived) or accepts (subject to the right of first refusal).

1.27 “Offer to Sell” – An offer to sell an Owner’s Lot to Declarant on the terms of an Offer to Purchase received by the Owner. The Offer to Sell may be in letter form with the Offer to Purchase attached as an exhibit to set forth the terms.

1.28 “Owner( or “Owners”)” – Declarant and all future owners of any part of Straus Park.

1.29 “Owner’s Association” – The associations of Owners, established the manner set forth herein, to serve the respective Classifications, each of which may be incorporated or unincorporated.

1.30 “Owner’s Board” – Those persons elected by an Owner’s Association to serve as the directors thereof.

1.31 “Owner’s Bylaws” – That document attached to the Declaration as Exhibit B, which is to serve as the bylaws of the various Owner’s Associations.

1.32 “Park Place Assessments” – The amounts assessed by the Straus Park/ Park Place Owner’s Association (or the Master Association if permitted hereby) against Park Place Lot Owners to enable such Owner’s Association to pay the costs of Park Place Maintenance.

1.33 “Park Place Common Elements” – The parking areas, private roadways, including driveways, and all the Landscaping within the Park Place Classification, and any areas as may be so designated on the Plat or Plats thereof.

1.34 “Park Place Maintenance” – The activities of the Straus Park/Park Place Owner’s Association to operate, manage, maintain, repair, and replace the Park Place Common Elements.

1.35 “Plans” or “Plans and Specifications” – The layout plans, specifications, site plans, external finishes, vegetation, contractor selection and all other matters required to be provided to the ECC by an Owner, by the Guidelines.

1.36 “Plat” (or “Plats”) – A plat (or plats) of survey of all or a part of Straus Park and recorded, from time to time, in the Transylvania County Register of Deeds.

1.37 “PUD” – That form of real property development which is generally known as a Planned Unit Development, but which has no formal laws or regulations governing it and is solely governed by the declaration thereof.

1.38 “PUD Assessments” - The amounts levied by the Owner’s Association in a PUD Classification to pay the costs of Maintenance of the PUD Elements within such Association’s Classification.

1.39 “PUD Classifications” – Those Classifications having PUD Elements.

1.40 “PUD Easement” – The non-exclusive, perpetual right of each Owner in a PUD Classification to use the PUD Elements within such Owner’s Classification, for the reasonably intended purpose thereof, subject to all rules governing the use thereof adopted by the Master Association or the Owner’s Association.

1.41 “PUD Elements” – The Townhome, Park Place, West Village and Mountain Park Homes Common Elements.

1.42 “Release Date” - The first to occur of (i) five years from the date of the recording of the Declaration, or (ii) the day following the sale of the two hundred fortieth (240th) Lot by Declarant.

1.43 “Residential Lot” – A Lot with the Mountainside Homesite, Townhome or Mountain Park Homes Classification.

1.44 “Rules and Regulations” – Any measures attached to the Declaration and so entitled, or as the same may be adopted by the Master Association in furtherance of the purposes of the Declaration, at any time hereafter.

1.45 “Special Declarant Rights” – The Declarant’s right to control the Common Areas, to appoint the Directors and to, in effect, control the Master Association and the Owners Association.

1.46 “Straus Park” – The mixed-use community to be developed by Declarant using such name, pursuant to the Declaration, and which shall occupy substantially all of the property described in Transylvania County Deed Book 417 at page 667 (but which may occupy other property as well). No part of the property described in such deed shall be a part of Straus Park until a Plat thereof is recorded in the Transylvania County Register of Deeds; thus, Straus Park shall be as shown on the Plats.

1.47 “Townhome Assessments” – The amounts assessed by the Straus Park Townhome Owner’s Association (or the Master Association if permitted hereby) against Townhome Lot Owners to enable such Owner’s Association to pay the costs of Townhome Maintenance.

1.48 “Townhome Common Elements” – The obligation and exclusive right to maintain roofs and external finishes of all structures in the Townhome Classification, all landscaping, parking lots and private roadways, including driveways, within the Townhome Classification, unless designated on a Plat as Common Areas.

1.49 “Townhome Maintenance” – The activities of the Straus Park Townhome Owner’s Association to operate, manage, maintain, repair and replace the Townhome Common Elements.

1.50 “West Village Assessments” – The amounts assessed by the Straus Park West Village Lot Owner’s association (or the Master Association if permitted hereby) against West Village Lot Owners to enable such Owner’s Association to pay the costs of West Village Maintenance.

1.51 “West Village Common Elements” – The parking areas, private roadways, including driveways, and the Landscaping within the West Village Classification, and any areas as may be so designated on the Plat or Plats.

1.52 “West Village Maintenance” – The activities of the Straus Park West Village Owner’s Association to operate, manage, maintain, repair and replace the west Village Common Elements.

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II. GENERAL

2.1  General Matters.

Declarant shall, from time to time, cause a Plat to be recorded in the Transylvania County Register of Deeds. Lots may be improved or unimproved at the time of platting and at the time of sale or lease. Lots may be offered for sale as part of a planned unit development; and, if so sold, then the Lot shall include the PUD Easement. Each Lot shall have Classification. Notwithstanding anything to the contrary herein, should a Plat be recorded which, by inadvertence or error, fails to state or improperly states a Lot’s Classification, then upon the filing of an amended Plat bearing the statement of Declarant as to the foregoing, the Lot shall bear the Classification shown on the amended Plat. The Classification Covenants shall be applicable to and bind all Lots with the stated Classification, but shall not apply to the Lots in other Classifications. No use shall be made of any Lot which is contrary to what is permitted in the Declaration or the Classification Covenants applicable thereto. If any portion of the common Areas or the PUD Elements encroach on a Lot, whether now or hereafter, an easement therefor is reserved and created hereby. Declarant reserves the right to subject all or any part of Straus Park to a contract with a utility company for the installation of lines and/or equipment which may require an initial or continuing payment to such utility company. Said payment may be billed directly to the Owner or may be included in the Assessments or the PUD Assessments.

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III. COMMON AREAS

3.1 Common Area Uses and Management.

The Common Areas are intended to serve Straus Park, its Owners and its residents, and shall include, Lake Straus, the Lake House and any other improvements abutting Lake Straus, the playground and park areas of Straus Park, any roadway shown on a Plat as a non-publicly maintained roadway, (but providing general access), drainage facilities, utility installations, the areas on which directions signage is erected by Declarant (and such signage), all lights, light poles, curbs, medians, Maintenance Areas, Landscaping materials installed by Declarant, by the Master Association, or by an Owner’s Association, and all recreational and/or meeting facilities established hereafter by Declarant or the Master Association for use of Straus Park occupants. The Master Association may charge reasonable fees for the use of recreational or meeting facilities in the Common Areas to Owners and anyone else permitted by the Master Association to make use thereof. The PUD Elements shall be governed by the Master Association and the applicable Classification’s Owner’s Association. In addition, the Common Areas shall include any other areas or portions of Straus Park as may be so declared by Declarant from time to time. Declarant retains the absolute right to manage, control and otherwise direct the use, Maintenance and operation of the Common Areas and PUD Elements prior to the Release Date, regardless of anything to the contrary herein. Not later than the Release Date, Declarant shall convey all the Common Areas shown on Plats to the Master Association.

3.2 Owner’s Common Area Rights.

Each Owner shall have the non-exclusive right to the use of the Common Areas, but only in accordance with the provisions hereof, and subject at all times to the control thereof by Declarant or the Master Association and to such Rules and Regulations as are established with respect thereto. Except as may be otherwise set forth herein, the Common Areas shall be operated, managed, repaired, maintained, and controlled by the Master Association. Declarant may dedicate any roadway in the Common Areas to public use without any other consent thereto. Other portions of the Common Areas may be dedicated to general public use, but only upon the affirmative vote of the Owners of at least two hundred forty (240) Lots, or, prior to the Release Date only with Declarant’s consent also. The Common Areas shall remain undivided and no Owner may bring an action for partition with respect thereto.

3.3 Long Meadow.

The Long Meadow shall be perpetually kept and maintained by Declarant and by any future owner thereof in a generally undeveloped state, as a “green area”, to serve as a park with ball fields, pedestrian trails, picnic areas, and structures appropriate thereto, for the benefit of Owners within Straus Park and, on a regulated basis, by others. The Long Meadow shall not be a part of the Common Areas, and, subject to the first sentence of this sections, the manner of developments and manner of operation of the long Meadow shall be within the discretion of Declarant. Not later than the Release Date, Declarant shall convey an easement for access to and use of the Long Meadow to the Master Association. Declarant may convey the Long Meadow to a corporation, trust, or other legal entity to own and maintain the same, provided that such conveyance is subject to the provisions of this section of the Declaration. The Master Association shall pay to the Declarant or future owner of the Long Meadow from the Assessments, for access to and for the use and maintenance of the Long Meadow, such reasonable amounts as are established from time to time by the Declarant or future owner of the Long Meadow from the Assessments, for access to and for the use and maintenance of the Long Meadow, such reasonable amounts as are established from time to time by the Declarant or future owner of the Long Meadow.

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IV. STRAUS PARK ADDITIONS

4.1 Added Land.

Declarant may, at any time, add to Straus Park areas that are within the bounds of the tract described in Transylvania County Deed Book 417 at page 667, by the filing of a Plat thereof; and also may, at any time, add other property thereto by the filing of a Plat and an amendment hereto describing such area and setting forth its Classification. No new Classification shall be established with respect to such other property, no shall any use, which is presently not permitted in any Classification, be permitted therein.

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V. USES AND LIMITATIONS

5.1 Rules and Regulations.

All Owners shall comply with the provisions hereof, with all laws, governmental ordinances and regulations, and with all laws, governmental ordinances and regulations, and with all Rules and Regulations that may be adopted hereafter, from time to time, by the Master Association, provided all such rules and Regulations apply uniformly to all Owners in a Classification. The Rules and Regulations, once adopted, may be amended thereafter by a vote of at least eighty (80%) percent of the Directors, at any time. No Rule or Regulation may deny any Owner an easement for access, to the Owner’s Lot. If any Rules and
Regulations are presently adopted, they are attached hereto. Owner’s Associations may propose rules and regulations for application to its Classification, but the same shall not be enforceable hereunder unless adopted by the Master Association.

5.2 Subdivision.

Except as may be otherwise provided in a conveyance form Declarant, no Lot shall be subdivided by anyone other than Declarant. If due to topography, inadvertent misplacement of improvements or for other good reason, an Owner wishes a Lot dividing line to be modified, the consent of the Declarant and the ECC is required, which consent shall not be unreasonably withheld or delayed.

5.3 Proper Condition.

No part of Straus Park shall be used in a manner, nor shall any condition be allowed to exist thereon, which would constitute a fire hazard, a nuisance or which would produce or allow to emanate therefrom noxious odors or fumes, excessive noise or vibrations. All Lots shall be kept in a generally sightly condition by the Owner thereof, including the areas on which easements provided for herein exist. No unsanitary condition or anything that is hazardous to health shall be permitted to remain on a Lot. All fuel storage tanks and trash receptacles shall be below ground or screened in a manner satisfactory to the ECC. No outside clotheslines or clothes drying shall be permitted within Straus Park. No boats, trailers, mobile homes, recreational vehicles (including vehicles intended for overnight sleeping or camping) or inoperative vehicles may be placed, stored or kept on any Lot, other than within a closed building, and no such work may be done on a commercial basis for which a fee or other remuneration is charged or accepted. All garages must have their doors kept in a closed condition, except during the time of actual entry and exit. No lawn ornamentation of any kind, including but not limited to statuary, windmills, pink flamingos, etc. may be placed anywhere within Straus Park, unless approved prior to placement by the ECC. No garish, flashing or unsightly signs may be placed anywhere in Straus Park. Other than a sign with the Lot number or address and/ or the surname of the Lot occupant, no signs or other advertising material of any kind shall be placed on a Residential Lot. The foregoing is intended to prohibit “For Sale” and “For Lease” signs on all lots. All signage is subject to the prior approval of the ECC, which shall not be unreasonably withheld or delayed.

5.4 Vegetation.

No vegetation of any kind shall be cut, trimmed or Landscaped in any way on any Lot in a PUD Classification, other than by the Master Association or the applicable Owner’s Association. In the Mountainside Homesite Classification all vegetation on Lots shall be kept in a sightly condition, being mowed (or trimmed) on a reasonably regular basis, with all dead trees and plants promptly removed, by the Lot’s Owner. All Lots in Straus Park shall be kept in a reasonably natural state, with no live trees on a Lot to be removed, cut or topped, nor any vegetation cut, trimmed or Landscaped, except as otherwise permitted by the ECC.

5.5 Utility Lines.

All utility lines installed by any Owner, other than Declarant, shall be underground, except as may be required by any governmental body having jurisdiction thereof or the utility supplier to the contrary. Any above-ground utility equipment shall be appropriately screened, in the manner approved by Declarant or the ECC.

5.6 Water Courses and Drainage.

No creeks or other water courses within Straus Park shall be dammed, impounded, diverted or have water taken therefrom without Declarant’s permission. No Owner shall unreasonably divert or increase the flow of surface water onto the Lot of another Owner. All Owners shall provide for adequate drainage from their Lots in a reasonable and careful manner, and all such drainage facilities and equipment shall be kept clear and operating by the Owner at all times.

5.7 Plumbing.

All occupied structures on Lots must have plumbing systems which are connected to either a central sewer system operated by a municipal system, or to a septic tank or other approved sewerage disposal system constructed, maintained and operated in accordance with the laws of the State of North Carolina.

5.8 Reception Equipment.

No equipment for the reception or transmission of television, radio or other airborne waves or signals, whether antenna, satellite dish, or otherwise, shall be located on any part of Straus Park by any Owner; except Declarant and the Master Association may install such items in the Common Areas, with reasonable shielding or camouflaging, and subject to the height limitation below. Notwithstanding the foregoing, individual cellular telephones may be operated within Straus Park and Declarant may provide an easement or easements for the installation and location of equipment for the reception and transmission of airborne waves and signals, so long as no such equipment is more than twenty feet in height and all equipment is shielded or camouflaged from public view. As expressly permitted by law, Owners may place one mini- satellite dish (not exceeding thirty-nine inches in diameter) on a Lot, so long as such dish is not visible from the front of the Lot and the location is approved by the ECC, which approval shall not be unreasonably withheld or delayed.

5.9 Animals.

No animal shall be allowed to be kept on a Lot, except a reasonable number of ordinary domestic household pets such as cats, dogs, etc. No dog shall be allowed to run free, and no animal shall be permitted to remain within Straus Park in a manner, which constitutes a nuisance. All dogs being walked shall be kept on leashes and all dog excrement must be removed and disposed of in a sanitary manner by the person walking the dog. No commercial breeding, storage or treatment of animals shall take place within Straus Park. The Rules and Regulations shall govern all matters relating to animals, including but not limited to, whether an animal may be kept in Straus Park. The determinations regarding such matters by the Master Association shall be final and binding.

5.10 Motorized Vehicles.

Except for self-propelled lawn mowing machinery which operates only on a Lot, golf carts which are both approved by the ECC and are legally permitted to be operated on public streets and other licensed vehicles which are operated on public streets for the purpose of access to and from the Lots and public roads outside Straus Park, no motorized vehicles of any kind shall be operated within Straus Park. (i.e. no ‘joy-riding” on trails or roads). No improperly mufflered vehicle or other vehicle from which emanates excessive noise, smoke or vibration shall be operated within Straus Park, regardless of whether the same is licensed or operated on a road.

5.11 Temporary Structures.

No mobile home, trailer, tent, shed or other structure of a temporary nature may be occupied as a residence, business or office at any time, except the Lot contractor’s Wailer may be occupied as an office during the construction period only.

5.12 Recreation Equipment.

All recreation equipment placed on a Lot by someone other than the Declarant, the Master Association or an Owner’s Association must be sited in rear lawn areas, be of nature blending colors, be landscape screened, and be approved by the ECC.

5.13 Leasing and Time Sharing.

No tenant or other non-Owner occupant of a Lot shall be allowed to enter into possession of any Lot except pursuant to a written lease. Except for leases in which Declarant is lessor, no lease shall be for a period of less than thirty days. Copies of leases shall be furnished to the Property Association. No timesharing type occupancy, whether created by deed or otherwise, may be utilized in connection with any Lot. This Section shall not prohibit the operation of a hotel, motel, inn or bed and breakfast facility in a Classification permitting such uses, so long as the use was approved in accordance herewith and none of them are operated in the manner generally known as a time-share.

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VI. CONSTRUCTION

6.1 General.

No Construction on any Lot shall occur, unless the same shall have been previously approved in writing in the manner set forth herein by the ECC. The foregoing approval is required for any Construction on a Lot. The ECC shall publish the Guidelines, and may amend them, from time to time. Without limiting what the Guidelines shall address, it is anticipated that the same shall set forth design and building requirements, Plans review procedures, compliance requirements, administration, and fees which may be charged by the ECC for payment to the Master Association; and compliance deposits (subject to assessment in case of noncompliance), which must be paid prior to the commencement of any Construction on a Lot to reimburse the cost of review and/or to defray the anticipated damage to roadways. No Construction on a Lot shall commence or continue if the Plans, have not been approved in writing by the ECC, and the required fees paid. The ECC’s approval of the Plans is not a warranty of the architect’s or engineer’s work that was submitted to it, and the ECC shall have no liability for any deficiencies thereof

6.2 Compliance.

No structure shall be occupied prior to receiving the ECCs final compliance inspection approval, meeting all codes and the issuance of a Certificate of Compliance (or the like) therefor, if such Certificate is required by the State of North Carolina, Transylvania County, the Town ofBrevard or any other governmental authority for lawful occupation of the Lot.

6.3 The ECC.

The ECC shall be appointed by the Directors in accordance with the Bylaws. The ECC shall be managed by an administrator selected by the ECC (who shall vote only to break ties) and shall have four other members, one who must be a practicing Land Planner or Landscape Architect, one who shall be the Coinmuinty Manager (if one exists), one who shall be a licensed Architect or Engineer, and one who shall be appointed by the Declarant. The ECC members may be reasonably compensated by the Master Association, but only from the fees paid. All Owners understand and agree, by acceptance of a deed to a Lot, that the ECC has the discretion whether to approve proposed Plans, which approval shall not be unreasonably withheld or delayed. It shall not be unreasonable for Plans to be rejected solely due to aesthetic considerations, and the same are within the sole and absolute discretion of the ECC. The then present Guidelines shall be provided to each Lot Owner at, or prior to, Lot acquisition.

6.4 Setbacks and Reservations.

The minimum required setbacks and build-to lines shall be shown on the Plats, but may be otherwise controlled by the Guidelines. Unless otherwise shown on a Plat, Declarant reserves an easement ten feet in width, running parallel to and inside of all Lot boundary lines, for the location, replacement, maintenance and repair of utility lines and related equipment. If a Plat affirmatively indicates that a different easement exists, then what is shown on the Plat shall control. In addition, Declarant shall have all other easements shown on any Plat for the purposes shown thereon, whether for installing, replacing, repairing or maintaining drainage facilities, reasonably directing surface or subsurface water changing grades and swales or otherwise. Declarant reserves unto itself and dedicates hereby to the Master Association, an easement over all portions of each Lot for the purpose of enforcing the provisions hereof Declarant may, at anytime, assign all or portions of its easement rights to utility suppliers, the Master Association or to an Owner’s Association. No easement or right of way for access to property adjoining Straus Park may be provided by any Owner, unless approved by Declarant.

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VII. MASTER ASSOCIATION

7.1 Formation.

Declarant has caused (or shall cause) the Master Association to be validly formed as a non-profit corporation in accordance with the laws of the State of North Carolina.

7.2 Conveyance to Master Association.

Not later than the Release Date, Declarant shall convey the Common Areas then shown on Plats to the Master Association and the Special Declarant Rights shall expire. If any Common Areas are not shown on a Plat until after the Release Date, Declarant shall convey the same to the Master Association promptly after the recording of a Plat.

7.3 Special Declarant Rights.

Prior to the Release Date, Declarant is vested with the Special Declarant Rights. Notwithstanding the foregoing, not later than one year from the date hereof, Declarant shall designate an Owner of a Residential Lot and an Owner of a Non-Residential Lot, each of whom is not then an officer, director or stockholder of Declarant, as a Director. All tights and benefits accruing hereunder to Declarant may be assigned or released at any time by Declarant.

7.4 Management.

The Master Association shall be managed and operated as set forth in the Bylaws. The Owner’s Bylaws set forth the manner of operation of the five Owners Associations. The Directors shall, if they decide to establish such a position, select the Community Manager, a salaried employee who shall serve, in effect, as the chief operating officer of Straus Park, in the same manner that a City Manager functions in a City Manager style of government. Each Owner’s Association shall govern the Lots in its Classification, pursuant to the Owner’s Bylaws, subject at all times to the Master Association’s power to control all management activities within Straus Park.

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VIII. ASSESSMENTS

8.1 General.

Each Owner, by acceptance of a deed to a Lot, covenants and agrees to pay the Assessments levied by the Master Association from time to time. Without intending to limit the uses of the Assessments, the Assessments shall be used for the Maintenance of the Common Areas. Further, by deed acceptance, the Owners acknowledge and agree that the Maintenance is a benefit to them and their Lots, that the nature of Straus Park as a diverse-use community results in a variety of Maintenance being required, and that the Assessments uses are sufficiently certain, and shall not fail for lack of sufficiency.

8.2 Levy of Assessments.

Should the Master Association own and/or operate any Common Areas which are shown on a Plat as a Limited Common Area, then only the benefited Lot Owners in the Classification so designated shall be assessed in connection therewith. The Master Association shall establish the general Assessments, as well as any which may be attributable to each Classification. Except with respect to the portion of any Assessment resulting from Limited Common Area, the Assessments on each Residential Lot shall be equal. The Assessments in the Non-Residential Lot Classifications shall be established by the Master Association in a reasonable manner, based upon the square footage of improvements located on the applicable Lot, and/or the number of employees reasonably anticipated, and/or the likely number of customers or clients anticipated, and/or the number of beds available (in extended or overnight stay facilities)or such other method as shall be reasonable under the circumstances. The methods shall be applied on a consistent basis (i.e. like businesses shall be treated in like manner). The ratio between the Assessments levied against the Residential Lots and those levied against the Non-Residential Lots shall be determined by the Master Association, and may be modified, from time to time, in order to maintain an equitable ratio. The determinations of Assessments by the Master Association shall be binding and controlling. If any Owner wishes to dispute the reasonableness of such Owner’s Assessments, the Assessments must be paid until otherwise agreed by the Master Association, modified by formal arbitration, (if the Master Association consents thereto), or amended by a court of competent jurisdiction. Prior to the Release Date, Declarant shall not be assessed on a per Lot basis, but shall pay the amount necessary to satisfy the difference between the Assessments collected and the Maintenance costs paid. Subsequent to the Release Date, Declarant shall pay Assessments on its Lots in the same manner as other Owners. In addition, after the Release Date, the Master Association may elect to have the Assessments levied on unimproved Lots to be less than those levied on improved Lots, and the regular established Lot Assessments for one year shall not exceed the previous year’s regular Assessments on a Lot by more than fifteen (15%) percent, unless consented to by a Majority of Owners of the affected Lots. The Master Association shall establish the amount of the Assessments, whether unimproved Lots shall pay a lesser amount of Assessments and each Classifications respective shares thereof not later than December 1 of each year, preceding the applicable year. The foregoing is not intended to control or deal with the PUD Assessments.

8.3 Enforcement of Assessments.

The Assessments shall include any interest accruing thereon resulting from late payment, and any costs and attorneys fees incurred in the collection thereof. All of the foregoing shall be a lien against each Owner’s Lot, until payment thereof; from and after the recording of any Claim of Lien filed by the Master Association with the Clerk of the Superior Court of Transylvania County. If the Assessments are not paid to the Master Association within thirty days of the due date thereof; the Master Association may file such Claim of Lien with said Clerk. No such lien shall be superior to the lien of the any Holder’s deed of trust on a Lot, so long as the deed of trust was filed prior to the recording of the Claim of Lien in the Office of said Clerk. Upon any foreclosure or sale under power of sale of a Holder’s deed of trust, any Assessments, the lien of which is severed by such foreclosure, shall remain the valid debt of the Lot’s prior Owner. All Assessments levied on and after the filing of the Trustee’s Deed in such foreclosure shall constitute a lien upon such Lot, and the payment thereof shall be the responsibility of the Trustee’s Deed grantee and its successors. The Master Association may withhold recreational privileges in the Common Areas from any Owner that has failed to pay the Assessments. No Owner may waive Common Area privileges to avoid Assessments. The use of the term “Assessments’ in this subsection shall be deemed to include the term “PUD Assessments”.

8.4 PUD Assessments.

Each of the Owner’s Associations responsible for the Maintenance set forth in Sections 1.24, 1.34, 1.49 and 1.52 above shall assess the Owners in such Classification to pay the amounts required to satisfy the costs of Maintaining those items set forth in Sections 1.23, 1.33, 1.48 and 1.51 above. If an Owner’s Association fails to properly assess or maintain, the Master Association may make such assessments and/or perform such maintenance and assess the Owners within such Classification.

8.5 Extraordinary Assessments.

Should the Master Association or an Owner’s Association want to assess the Owners for capital improvements or other items not provided for herein, the affirmative vote of eighty percent (80%) of the Owners to be so assessed shall be required to adopt such assessment.

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IX. PLANNED UNIT DEVELOPMENTS

9.1 Classifications Bound.

The Townhome, West Village, Park Place and Mountain Park Homes Classifications are each planned unit developments within the Development.

9.2 Property Conveyed.

All deeds for Lots in PUD Classifications shall include fee simple title to the underlying ground, the Easement rights appurtenant thereto and any structure located on a Lot at the time of its conveyance.

9.3 PUD Element Maintenance.

The Owner’s Associations in the PUD Classifications shall provide Maintenance of the PhD Elements located within such Classification to keep them in good Maintenance, and shall assess the Owners within such Classification therefor. Thus, the Straus Park Townhome Owner’s Association shall assess the Townhome Owners for the purpose of paying the costs of Townhome Maintenance of the Townhome Common Elements, the Straus Park/Park Place Owner’s Association shall assess the Park Place Owners for the purpose of paying the costs of Park
Place Maintenance of the Park Place Common Elements, etc. The PUD Elements shall be solely
Maintained by the Owner’s Associations (or by the Master Association if the Owner’s Association fails to do so). No Owner may physically affect any PUD Elements. The Owner’s Associations and the Master Association are hereby granted the perpetual easement and right of way required for them to Maintain all PUD Elements.

9.4 PUD Element Conveyance.

Not later than the sale of the first Lot shown on the Plat of the property within a PhD Classification, Declarant shall convey the PUD Elements shown on such Plat to the Owner’s Association thereof The right and obligation to Maintain the roof and external finishes of structures within the Townhouse Classification shall be deemed conveyed thereby, regardless whether all structures exist on the conveyance date.

9.5 PUD Elements.

The PUD Elements shall remain undivided and no Owner may bring any action for partition with respect thereto.

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X. RIGHT OF FIRST REFUSAL

10.1 Offer.

If an Owner (other than Declarant) receives an Offer to Purchase, such Owner shall deliver an Offer to Sell the subject Lot to Declarant on the same terms as contained in the Offer to Purchase made to such Owner. Declarant shall have ten (10) days from its actual receipt of the Offer to Sell to accept the same and so notify the selling Owner. If Declarant does not wish to accept the Offer to Sell, it shall deliver a written rejection of the Offer to Sell to the offering Owner by said tenth (l0th) day. Declarant’s rejection of an Offer to Sell does not waive or terminate its rights of first refusal with respect to that Lot subsequent to the first to occur of (i) the closing of sale pursuant to the then existing Offer to Purchase, or (ii) one (1) year from the delivery of the Offer to Sell to Declarant. If any part of the consideration contained in the Offer to Sell is not cash (e.g. other real property), Declarant shall be entitled to have the non-cash consideration appraised, at the selling Owner’s expense, in order to determine the value in cash thereof; which amount Declarant may pay in cash, in lieu of the non-cash consideration.

10.2 Excluded Transfers.

If an Owner transfers the Owner’s Lot to Owner’s spouse, a lineal descendant of Owner, a corporation whose stock is controlled (80% or more) by Owner, a partnership which has no more than two general partners, one of which is Owner, a limited liability company which has not more than two member/managers, one of which is Owner, or a trustee of a trust, the beneficiaries of which are Owner and/or the Owner’s spouse and/or a lineal descendant of Owner; then such transfer, whether by deed, devise or operation of law, shall not require the submission of an Offer to Purchase and Declarant shall have no right of first refusal with respect to such transaction. The said transfer shall not terminate Declarant’s right of first refusal with respect to future transfers of such Lot.

10.3 Holder’s Rights.

In the event of the foreclosure of a Holder’s deed of trust or mortgage, or the sale under the power of sale contained therein, Declarant shall have no right of first refusal with respect to such foreclosure sale or sale under said power, but no such sale shall in any way terminate or affect Declarant’s future right of first refusal with respect to such Lot. Every Owner granting a deed of trust or mortgage on such Owner’s Lot shall simultaneously record a Request for Notice of Sale, with the notice to be provided to Declarant, pursuant to N.C.G.S. 45-21-17(5).

10.4 Expiration.

The rights of first refusal provided for herein shall expire twenty-one (21) years after the death of A.William McKee

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XI. ENFORCEMENT

11.1 General.

Except as otherwise provided herein, each Owner and the Master Association shall have the right to enforce, by proceeding at law or in equity, the provisions set forth herein, No Owner shall seek to enforce the provisions hereof; unless notice of the claimed breach has been provided to the Master Association and it has failed to act for a period of thirty days following its receipt of notice. No failure by any such party to seek enforcement hereof shall constitute a waiver of such party’s tights to enforce the provisions hereof at all times hereafter. Upon the breach of any provision hereof; including the failure to abide by the ECC’s decisions, the Owner of the Lot from which the breach emanates shall pay the reasonable attorneys fees and all other costs of the enforcement hereof All remedies herein are cumulative.

11.2 No Conflict.

No action shall be taken by Declarant, the Master Association or any other Owner which is in violation of the laws of the State of North Carolina or the Town of Brevard, or which is contrary to any applicable rule, regulation or ordinance of any governmental or quasi-governmental body with jurisdiction over Straus Park.

11.3 Inurement.

The provisions hereof shall inure to the benefit of and bind the Declarant, all other Owners and their respective heirs, successors, assigns, tenants and other persons claiming by, through, or under them. The provisions of this Declaration are not intended to create and do not create any joint venture, partnership or other similar relationship among the Owners. This Declaration shall be construed in accordance with the laws of the State of North Carolina. This Declaration does not grant any rights to the public in general. All provisions hereof are severable in the event that any provision is found to be unenforceable by a court of competent jurisdiction.

11.4 Limit.

The provisions hereof shall run with and bind Straus Park and the Owners for a period of fifty years from the date this Declaration is recorded, after which time, the term shall be automatically extended for successive periods of ten years each, unless Owners representing at least seventy-five (75%) percent of all votes held by Owners then elect not to extend the term of this Declaration. The power to terminate this Declaration includes within it, the power to amend, modify and also to extend the same beyond any stated term, upon the same vote. Notwithstanding the foregoing, any easements created or reserved herein shall not be affected, modified or terminated by the modification or termination hereof

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XII. AMENDMENT

12.1 Vote Requirement.

This Declaration shall not be amended unless more than two thirds of the Owners vote affirmatively to effect such amendment. Declarant shall have one vote for each Lot owned by it. Further, prior to the Release Date, no amendment hereof shall be effective without Declarant’s consent thereto; nor, at any time hereafter, shall Article X hereof ever be amended without Declarant’s consent.

IN WITNESS WHEREOF Declarant has caused the due execution of the foregoing as of the day and year above written.

ATTEST: Straus Park Development Company

____________________ By: _________________________
Secretary President

STATE OF NORTH CAROLINA, COUNTY OF

I, a Notary Public of the County and State aforesaid, certify that _________________________ personally came before me this day and acknowledged that __ he is _____ Secretary of Straus Park Development Company, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its ____ President, sealed with its corporate seal and attested by ____ as the _____ Secretary. Witness my hand and official stamp or seal, this day of , 1997.

My commission expires: ______________________________ Notary Public

The foregoing certificate of_________________________________________________ is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof _____________________________________ Register of Deeds for Transylvania County

By Deputy/Assistant Register of Deeds

BYLAWS OF STRAUS PARK MASTER ASSOCIATION, INC.

ARTICLE I

General Matters

Section 1:  All terms defined in the Declaration to which these Bylaws are attached, shall be deemed similarly defined herein and shall be used without further definition.

Section2:  The Master Association is a North Carolina non-profit corporation and shall have all powers incident thereto as provided in N.C.GS. 55A.

Section 3:  The provisions of these Bylaws are applicable to all Lots and Straus Park and the occupancy and use thereof

Section 4:  All Owners, invitees, licensees, tenants, agents, their employees, or any other person that occupies or uses Straus Park or any part thereof in any manner, are subject to the provisions of these Bylaws and to Rules and Regulations adopted, from time to time, pursuant hereto.

Section 5:  The acquisition, rental, occupancy or use of any Lot shall constitute acceptance of these Bylaws, the Declaration, the Rules and Regulations and amendments thereto and an agreement to comply therewith.

Section 6:  The Master Association will have the responsibility of administering Straus Park, approving the annual budget thereof, establishing the amount of and collecting the Assessments, and managing Straus Park or arranging for its management by a management agent. Except as otherwise provided, decisions and resolutions of the Master Association shall require approval of a majority of the Directors of the Master Association.

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ARTICLE II

Rights of Owners

Section 1:   Owners shall have the right to attend the Director’s meetings, other than those determined (before or during the meeting) by the Directors to be executive sessions, the subject matter of which is deemed not appropriate for general attendance. Notices of meetings, other than those determined by the Directors to be executive sessions, shall be given to the Owners in a written form, which may be included with Assessments bills. Owners shall be provided a reasonable opportunity to address any Director’s meeting, other than those in executive session, but control of the meeting shall always remain with the Directors, discussions may be closed on an issue at any time, and a meeting may be declared to be in executive session at any time by a majority vote of the Directors present.

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ARTICLE III

Board of Directors

Section 1:  The affairs of the Master Association shall be governed by a Board of Directors which shall be composed of seven persons. Five of the Directors shall be the Presidents of the five Owner’s Associations, while the sixth and seventh (the “Appointees”) shall be appointed by the Declarant, the Declarant’s successor or the Declarant’s designee to make such appointment, by notice thereof provided to the Master Association. Notwithstanding the foregoing, prior to the Release Date, the Appointees shall collectively have six votes on all matters, while all other Directors shall have one vote each and collectively shall have five votes. Each Director shall serve for the period of such Director’s appointment or office (as President), or until a successor is duly selected. Thus, each President’s term as a Director shall be cotemiinous with the term as President, while each of the Appointees shall serve at Declarant’s pleasure.

Section2:  Meetings of the Master Association shall be held at the principal office of Straus Park or such other suitable place convenient to the Directors, as a majority of them shall select.

Section3:  The first annual meeting of the Directors shall be held on the _____ day of ______________ 199  . Thereafter, the annual meetings of the Directors shall be held on the second Monday in December of each succeeding year, unless this shall be a legal holiday, in which case the meeting shall be held on the next business day. At such meetings, the Directors shall transact such business of the Master Association as may properly come before them. Regular meetings of the Directors shall occur from time to time as scheduled by the Chairman thereof

Section 4:  The Chairman shall call a special meeting of the Directors if so directed by a resolution of the Board of Directors or by a request signed by not less than two Directors and presented to the Secretary. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof No business shall be transacted at a special meeting except as stated in the notice thereof unless by consent of Directors having the right to cast four votes.

Section 5:  The Secretary shall provide a notice of each annual or special meeting stating the purpose thereof as well as the time and place where it is to be held to each Director at least ten (10) but not more than sixty (60) days prior to such meeting. Notice shall be personally delivered or mailed, postage prepaid, to the Director’s address as shall have specified to the Master Association in writing. A notice mailed shall be deemed delivered the earlier of actual delivery or the third day following mailing.

Section 6: Robert’s Rules of Order shall be used to govern all Directors meetings. The order of business at all meetings, unless otherwise agreed, shall be as follows:
          a.  Roll Call
          b. Proof of Notice of Meeting or Waiver of Notice
          c. Reading of minutes of preceding meeting
          d. Reports of Officers
          e. Reports of Committees
          f. Unfinished business
          g. New business.

Section7:  Notwithstanding. anything else to the contrary in the Declaration or herein, within one year of the recording of the Declaration, one Non-Residential Lot Owner (other than an officer, director or stockholder of Declarant) and one Residential Lot Owner (other than an officer, director or stockholder of Declarant) shall be designated by Declarant to be the President of the Owner’s Association of such Owner’s Classification (and thus a Director). Until the Release Date, while the Owner’s Association’s Presidents are Directors and shall attend the Director’s meetings, the total votes of all Directors, other than the Appointees, shall be five, while the Appointees shall have six votes. Declarant may waive this right at any time, in writing, by notice to the Owner’s Associations.

Section8:  Vacancies on the Board of Directors caused by any reason shall be filled by the Owner’s Association or Declarant, depending upon which Director is no longer serving (e.g. the West Village Owner’s Association would select a new President as the replacement if its President no longer served, the Declarant would appoint a replacement for one of the Appointees, etc.) Each person so elected or appointed shall be a Director until a successor is duly elected or appointed.

Section9:  At any regular or special meeting of the Master Association duly called, any one or more of the Directors previously elected may be removed, with cause, by a vote of not less than five Directors; and their successors shall be elected by the affected Owner’s Association or appointed by Declarant to fill the vacancy thus created. Any Director whose removal has been proposed shall be given an opportunity to be heard at the meeting.

Section 10:  Before or at any meeting of the Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Directors shall be a waiver of notice by such Director of the time and place thereof If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.

Section 11:  At all meetings of the Directors, the presence of Directors holding a majority of the votes shall constitute a quorum for the transaction of business and acts of the majority of the Directors present at a meeting at which a quorum is present shall be acts of the Directors. If at any meeting of the Directors there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice.

Section 12: The Directors shall have the powers and duties necessary for the administration of the affairs of the Master Association, and may do all such acts and things as are not by law prohibited. In addition to the duties elsewhere imposed by these Bylaws or by resolutions of the Master Association, the Directors shall be responsible for overseeing the following.
          (a)  Care, upkeep, protection and Maintenance of Straus Park, including but not limited to, all Common Areas;
          (b)  Hiring and firing of personnel for the Maintenance of Straus Park, including the Common Areas;
          (c)  Fiscal management of the Master Association, including but not limited to the determination of and collection of all Assessments in accordance with the Declaration and these Bylaws.

Section 13:  The Directors may contract with or employ any person, firm or corporation, including the Declarant or an affiliate of the Declarant, to serve as Community Manager for Straus Park and the Master Association, at a compensation established by the Directors, in addition, the Directors may delegate authority for some or all management of a Classification and the Common Areas therein to the Classification’s Owner’s Board. The Directors may terminate or limit such delegation at any time, and the Directors remain responsible for the proper administration of Straus Park.

Section 14:  The Directors shall require that all officers and employees of the Master Association handling or responsible for Master Association funds shall be provided with adequate fidelity bonds; provided, however, that this provision shall not require that the Treasurer be bonded if, under the terms of any management agreement in effect from time to time, the person, firm or corporation serving as management agent is responsible for collecting and disbursing Assessment finds and is required to account to the Master Association for said funds at least annually. The premiums on necessary fidelity bonds shall be paid by the Master Association.

Section 15:  No member of the Directors shall receive any compensation for serving in said capacity, nor shall the expenses of meeting be borne by the Master Association.

Section 16:  The Master Association shall make available, within a reasonable time, upon reasonable request therefor, copies of the Declaration, these Bylaws, the Rules and Regulations and the books, records and financial statements thereof to Owners and Holders. The Master Association may charge a reasonable amount to compensate it for the copying costs.

Section 17:  The Master Association shall represent the Owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of any of the Common Areas, or any part thereof; and each Owner, by deed acceptance, appoints the Master Association as attorney-in-fact for such purposes. Upon a taking or acquisition of part of all the Common Areas by a condemning authority, the award or proceeds of settlement shall be payable to the Master Association, to restore the adjoining Common Areas, to the extent reasonable, and for the general benefit of the Owners affected. No Owner shall have any interest in any such award.

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ARTICLE IV

Officers

Section 1:  The principal officers of the Board of Directors shall be Chairman, Vice Chairman, Secretary and Treasurer, all of whom shall be elected by the Directors. The Directors may appoint an Assistant Treasurer and an Assistant Secretary and such other officers as in their judgment may be necessary.

Section 2:   The officers of the Board of Directors shall be elected annually by the Directors at the organization meeting of each new Board of Directors, and they shall hold office at the pleasure of the Board

Section3:   Upon affirmative vote of a majority of the Directors, any officer may be removed, with or without cause, and his successor elected at any regular meeting of the Directors or at any special meeting of the Directors called for such purpose.

Section4:   The Chairman shall preside at all meetings of the Directors and shall have all of the general powers and duties which are usually vested in the office of the chief executive officer of an association, including but not limited to the powers to appoint committees from among the Directors and the Lot Owners from time to time.

Section 5:   The Vice Chairman shall take the place of the Chairman and perform such duties whenever the Chairman shall be absent or unable to act. If neither the Chairman nor the Vice Chairman is able to act, the Board shall appoint some other member as the Chairman to serve on an interim basis. The Vice Chairman shall also perform such other duties as shall from time to time be delegated by the Directors.

Section6:   The Secretary shall keep the minutes of all meetings of the Directors; shall have charge of such books and papers as the Directors may direct; and shall, in general, perform all the duties incident to the office of Secretary.

Section 7:   The Treasurer shall have responsibility for Master Association funds and securities. The Treasurer shall be responsible for keeping fill and accurate accounts of all receipts and disbursements of finds belonging to the Master Association; and shall be responsible for the deposit of all monies and other valuable effects in the name, and to the credit of the Master Association, in such depositories as may from time to time be designated by the Board. However if the responsibility of finds has been delegated to a management agent by a contract, the Treasurer shall not be responsible for such of the foregoing matters as have been delegated.

Section 8.   All agreements, contracts, deeds, leases, checks, notices and other instruments to be executed on behalf of the of the Master Association shall be executed by any two officers of the Board (for the purposes hereof, an attesting officer shall be deemed an executing officer) or by such other person(s), firm(s) or corporation(s), including the Community Manager, as may be designated by the Directors, In no event shall any such document only be signed by one signatory.

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ARTICLE V

Fiscal Management of the Association

Section 1:   The Directors shall use the following guidelines in the fiscal management of the Master Association:
          (a)  Receipts and disbursements of the Master Association shall be credited and charged to accounts under the following classifications as shall be appropriate:
                     (1)   Current routine maintenance and administrative expenses, including a reasonable allowance for current contingencies and working finds, other than expenditures chargeable to reserves, and amounts necessary to make up any deficiencies in common expenses for any prior year. Any balance in this fund at the end of each year shall be applied to reduce the assessments for current expenses for the succeeding year or shall be transferred to the reserve fund or general operating reserve hereinafter provide for, as determined by the Directors.
                    (2)  A reserve fund for the purpose of performing periodic, but non-routine maintenance, replacement and repair of or to the Common Areas and for such other purposes as may from time to time appear to be necessary or appropriate to the Directors.
                    (3)  A general operating reserve for the purpose of providing a measure of financial stability during periods of special stress, which may be used to meet deficiencies from time to time as a result of delinquent payment of assessments by Owners of Lots in Straus Park and other contingencies, may be established, from time to time, if so desired by the Board.
                    (4)  Insurance policies obtained and maintained pursuant hereto.
          (b)  The Directors shall adopt a budget for each calendar year that shall include the estimated funds required to provide and maintain finds for the foregoing accounts. While the budget shall be determined by the Board, the amount for any budgeted item may not be increased by more than fifteen percent over the preceding years amount unless approved by at least five Directors, or required to preserve the safety of Straus Park.

Section 2:  Copies of the proposed budget and proposed Assessments shall be transmitted to each Owner on or before the December 1 preceding the calendar year for which the budget is made. If the budget is amended subsequently, a copy of the amended budget shall be furnished to each Owner.

Section 3:  The Assessments against a Lot Owner for such Owner’s share of the items of the budget shall be made for the calendar year annually, in advance, on or before December 1 preceding the year for which the Assessment is made. The Assessments shall be due in quarterly or monthly installments, as determined by the Directors, on the first day of each calendar month or quarter (as applicable) during said year. In the event the annual Assessment proves to be insufficient, the budget and the amount of the Assessment may be amended at any time during the year by the Directors; subject, however, to the limitations imposed by the foregoing Section 1(b) of this Article V. The unpaid Assessment, as amended, for the remaining portion of the calendar year, shall be divided by the number of full months or quarters remaining in the year and such increased amount shall be payable monthly or quarterly for the balance of the installments for the budgeted year. The Master Association may, but need not, invoice Owners for the Assessments on a regular basis. Thus, an annual invoice could be provided, even though the amounts are to be paid monthly.

Section 4:  If a Lot Owner shall fail to timely pay an installment of an Assessment, the Master Association may accelerate the remaining installments of the current year’s Assessments upon notice to such Owner, and then the unpaid balance of the current year’s Assessment shall come due upon the date stated in the notice, but not less than ten (10) days after the forwarding of the notice to the Owner.

Section 5:  Special Assessments for expenses that are not included in the budget, such as for unanticipated capital expenditures, to dredge the lake, to replace major systems of buildings which have unexpectantly failed and which are Common Areas, etc. shall be made only after notice of the need for such is given to the Owners, including a notice of the meeting of the Directors at which the same will be considered. After such notice, and upon approval by at least five of the Directors, the Special Assessment shall become effective, and be due in such manner as the Directors require. Special Assessments are Assessments for the purpose of enforcement thereof

Section 6:  All unpaid Assessments shall bear a late charge computed at a rate of eighteen percent per annum after thirty days from the time the same are due. In addition, Lot Owners failing to timely pay an Assessment shall be liable for the collection costs of the Master Association, including reasonable attorneys’ fees, for collection of such unpaid Assessments. Unpaid Assessments may be collected by the Master Association in all lawful manners, and during the pendency of an action brought to foreclose a lien for an unpaid Assessment on a Lot, the Lot Owner may be required to pay reasonable use fee for use of the Common Areas to the Master Association.

Section 7:  The Directors shall be required to obtain and maintain, to the extent obtainable, reasonable amounts of insurance to provide fire and extended coverage insurance on all insurable structures in the Common Areas of Straus Park, adequate liability insurance for matters in the Common Areas and other insurance selected by the Board in furtherance hereof. All such policies shall provide that adjustment of loss shall be made with the Board or its designated representatives. All policies of physical damage insurance shall contain waivers of subrogation and waivers of any defense based on co-insurance or of invalidity arising from any acts of the insured, and shall provide that such policies may not be canceled or substantially modified without at least ten (10) day’s prior written notice to all of the insureds, including any Holder named on the affected policy.

Section 8:  Owners are not prohibited from carrying other insurance for their own benefit, provided that the liability of the carriers which issue the insurance obtained by the Master Association shall not be affected or diminished by reason of any such additional insurance carried by the Owner.

Section9:   In the event proceeds are received by the Master Association due to an insured casualty, it shall receive and disburse the same as a trustee for the benefit of the Owners in furtherance hereof The Master Association shall be responsible to replace the damaged or destroyed structures using the insurance proceeds received by it.

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ARTICLE VI

Liability of Officers and Directors of the Master Association

Section 1:  The Directors, the officers of the Master Association and the ECC shall not be liable to Owners for any mistake of judgment, negligence, or otherwise, except for their own individual willful misconduct or bad faith. The Owners shall indemnify and hold harmless each of the said officers, the Directors and the ECC members against all contractual liability to others arising out of contracts made by the said officers or the Directors on behalf of the Master Association or any Owner’s Association, unless any such contract shall have been made in bad faith or contrary to the provisions of the Declaration or of these Bylaws, and against liability from any decisions by the ECC. It is intended that the said officers, the Directors and the ECC shall have no personal liability with respect to any contract made by them on behalf of Straus Park, and that the ECC members have no personal liability with respect to their service on the ECC. If the Directors so elect, they may purchase an insurance policy to indemnify themselves, said officers and the ECC from liability arising out of such service.

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ARTICLE VII

Amendment

Section 1:  These Bylaws shall only be amended by the affirmative vote of not less than five of the seven Directors, or by the affirmative vote of the Owners of not less than seventy-five percent (75%) of the then existing Lots. No amendment hereof shall occur prior to the Release Date without the assent of Declarant. No amendment hereof shall occur without notice of the proposed amendment being provided in the notice of the meeting at which such amendment is to be considered.

STRAUS PARK OWNER’S ASSOCIATIONS

ARTICLE I

General Matters

Section 1:  All terms defined in the Declaration to which these Bylaws are attached, shall be deemed similarly defined herein and shall be used without further definition.

Section 2:  These Bylaws are intended to serve as the Bylaws for each Owner’s Association. While the above caption does not make reference to a particular Owner’s Association, these Bylaws are those of each separate Owner’s Association and shall govern each Owner’s Association, to the same extent as if the caption was Bylaws of Straus Park Mountainside Homesite Owner’s Association, Bylaws of Straus Park West Village Owner’s Association, Bylaws of Straus Park Townhome Owner’s Association, Bylaws of Straus Park/Park Place Owner’s Association or Bylaws of Straus Park Mountain Park Homes Owner’s Association. While these Bylaws are to be used by all Owner’s Associations, except as may be otherwise set forth hereafter, each Owner’s Association shall operate and act separately and independently from each other. Each Owner’s Association may, but need not, be incorporated as a non-profit corporation pursuant to N.C.G.S. 55A.

Section 3:  The provisions of these Bylaws are applicable to the respective Classification’s Lots and the occupancy and use thereof

Section 4:  All Owners, invitees, licensees, tenants, agents, or their employees or any other person that occupies or uses any property in the Classification in any manner, are subject to the provisions of these Bylaws and to Rules and Regulations adopted, from time to time, pursuant hereto.

Section 5:  The acquisition, rental, occupancy or use of any Lot in the Classification shall constitute acceptance of these Bylaws, the Declaration, the Rules and Regulations and amendments thereto and an agreement to comply therewith.

Section 6:  The Owner’s Association shall have the responsibility of administering the Lots in such Association’s Classification, subject at all times to the control of the Master Association. The Owner’s Associations are intended to act as a representative of the Classification’s Owners to the Master Association, and to take care of routine non-legal matters which do not affect Straus Park in general. Notwithstanding the foregoing, in the PUD Classifications, the Owner’s Board shall have the responsibility and authority to make the PUD Assessments and provide for the Maintenance of the PUD Elements therein.

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ARTICLE II

Voting, Majority of Owners, Quorum, Proxies

Section 1:  Voting shall be based on Lot ownership (one Lot-one vote). Where a Lot is owned by more than one person or entity, such persons or entities shall designate, by agreement in writing filed with the Owner’s Board of the Owner’s Association, the person entitled to cast the vote for the Lot.

Section 2:  As used in these Bylaws, the term “Owner” refers to an Owner of a Lot in the applicable Classification (e.g. a Mountainside Homesite Lot Owner, a West Village Lot Owner, etc.).

Section 3:  Except as otherwise provided in these Bylaws, the presence in person or by proxy of a Majority of Owners at any meeting shall constitute a quorum.

Section 4:  Votes may be cast in person or by proxy. Proxies must be in writing and filed with the Secretary before the appointed time of any meeting.

Section 5:  In the event of deadlock between conflicting interests, the same shall be resolved by mediation. If no formal mediation procedure exists, each interest shall appoint a mediator, a third mediator shall be appointed by the Master Association and the majority decision of the three mediators shall be binding.

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ARTICLE III

Administration

Section 1:  The Owner’s Association, acting through the Owner’s Board shall advise the Master Association regarding the administration of the Owner’s Board’s Classification. The Master Association’s Directors may, from time to time, delegate its powers to manage and enforce the Declaration to the Owner’s Board in its Classification. Except as otherwise provided, decisions and resolutions of the Owner’s Association shall require approval by its Owner’s Board.

Section 2:  Meetings of the Owner’s Association shall be held at the principal office of Straus Park or such other suitable place convenient to the Owners as may be designated by the Owner’s Board.

Section 3:  The first annual meeting of the Owner’s Association shall be held on the _____ day of _____________, 1998 and shall be chaired by an appointee of Declarant. Thereafter, the annual meetings of the Association shall be held on the first or second Wednesday in November of each succeeding year, unless this shall be a legal holiday, in which case the meeting shall be held on the next business day. The choice of day shall be made by the Owner ‘s Board so that the Owner’s meetings of the Residential Lot Classifications and the Non­-Residential Lot Classifications shall be held on different days. At such meetings, the Owner’s Board shall be elected by ballot of the Owners, in accordance with the requirements of these Bylaws. The Owners may also transact such other business of the Association as may properly come before them.

Section 4:  The President shall call a special meeting of the Owners, if so directed by a resolution of the Owner’s Board or by a petition signed by a not less than one-third of the Owners and presented to the Secretary. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business shall be transacted at a special meeting, except as stated in the notice thereof, unless by consent of Owners having the right to cast eighty percent of such Classification’s votes.

Section 5:  The Secretary shall provide a notice of each annual or special meeting stating the purpose thereof as well as the time and place where it is to be held to each Owner at least ten (10) but not more than sixty (60) days prior to such meeting. Notice shall be personally delivered or mailed, postage prepaid, to the Owner’s address within Straus Park or at such other address as an Owner shall have specified to the Owner’s Association in writing. A notice mailed shall be deemed delivered the earlier of actual delivery or third day following mailing.

Section 6:  If any meeting of Owners does not have a quorum present, the Owners who are present, either in person or by proxy, may adjourn the meeting to a time not less than forty-eight hours from the time the original meeting was called, notice of which shall be provided to all Owners not then present.

Section 7:  Robert’s Rules of Order shall be used at all meetings of Owners. The order of business at all meetings of the Owners shall be as follows, unless otherwise agreed:
          a.   Roll Call
          b.   Proof of Notice of Meeting or Waiver of Notice
          c.   Reading of minutes of preceding meeting
          d.   Reports of Officers
          e.   Reports of Committees
          f.   Election of Directors (when so required)
          g.   Unfinished business
          h.   New business.

Section 8:  The Owner’s Association shall make available, within a reasonable time, upon reasonable request therefor, copies of the Declaration, these Bylaws, and the Rules to Owners and Holders. The Owner’s Association may charge a reasonable amount to compensate it for the copying costs.

Section 9:  While the Master Association shall represent the Owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of the Common Areas, or part thereof, the Owner’s Board shall make Master Association aware of the wishes of the Owners with respect thereto. In the event of a taking or acquisition of part of all the Common Areas by a condemning authority, the award or proceeds of settlement shall be payable to the Master Association, for the use and benefit of the Owners as required by the Declaration.

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ARTICLE IV

Board of Directors

Section 1:  The affairs of the Owner’s Association shall be governed by the Owners Board, which shall be composed of not less than three persons nor more than five persons. Each member of the Owner’s Board shall be either the owner of a Lot, have an interest therein, or be proposed by one of the foregoing.

Section 2:  The Owner’s Board shall have the powers and duties necessary for it to perform the acts set forth in Article I Section 6 above, to advise the Master Association in its administration of the affairs of the Owner’s Association’s Classification and may do all such acts and things as are approved by the Master Association, which are not by law prohibited or by these Bylaws directed to be done by someone else. In addition, the Owner’s Association shall serve as the governing body of the Classification, with the power to do all things necessary to perform such function, unless prohibited hereby, and subject at times to the control of the Master Association.

Section 3:  At the first annual meeting of the Owner’s Association, the Owner s Board shall be elected with the term of office of at least one director being fixed to expire upon the date of the second annual meeting of the Owner’s Association, at least one fixed to expire upon the date of the third annual meeting and one on the fourth annual meeting of the Owner s Association thereafter. No director shall be elected for longer term than three years. At the expiration of the initial term of office of each respective director, his successor shall be elected to serve a term of three years. The directors shall hold office until their successors have been elected.

Section 4:  Vacancies on the Owner’s Board caused by any reason other than the removal of a director by a vote of the Owner’s Association shall be filled by vote of the majority of the then remaining directors even though they may constitute less than a quorum; and each person so elected shall be director until a successor is elected at the next annual meeting of the Owner’s Association.

Section 5:  At any regular or special meeting of the Owner’s Association duly called, any one or more of the directors previously elected by the Owners may be removed, with or without cause, by a Majority of the Owners; and their successors may then and there be elected by a Majority of the Owners to fill the vacancy thus created. Any director whose removal has been proposed shall be given an opportunity to be heard at the meeting.

Section 6:  The first meeting of a newly elected Owner’s Board shall be held within five (5) days of election, at such place as shall be fixed by the directors at the meeting at which such directors were elected, and no notice shall be necessary to the newly elected directors in order to legally constitute such meeting, providing a majority of the Owner’s Board shall be present.

Section 7:  Regular meetings of the Owner’s Board may be held at such time and place as shall be determined, from time to time, by a majority of directors. Notice of regular meetings of the Owner’s Board shall be given to each director, personally or by mail, telephone or telegraph, at least ten (10) days prior to the date named for such meeting.

Section 8:  Special meetings of the Owner’s Board may be called by the President of the Owner’s Association on three (3) days’ notice to each director given personally or by mail, telephone or telegraph, which notice shall state the time, place (as hereinabove provided) and purpose of meeting. Special meetings of the Owner’s Board shall also be called by the President or Secretary in like manner and on like notice upon the written request of a majority of the Owner’s Board directors. Except for what is set forth in the notice of the special meeting, nothing shall be considered, unless consented to at the meeting by at least two thirds of all elected directors.

Section 9:  Before or at any meeting of the Owner’s Board, any director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the Owner’s Board shall be a waiver of notice by him of the time and place thereof. If all the directors are present at any meeting of the Owner’s Board, no notice shall be required and any business may be transacted at such meeting.

Section 10:  At all meetings of the Owner’s Board, a majority of the directors then in office shall constitute a quorum for the transaction of business and acts of the majority of the directors present at a meeting at which a quorum is present shall be acts of the Owner’s Board. If at any meeting of the Owner’s Board there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meeting, and business which might have been transacted at the meeting as originally called may be transacted without further notice.

Section 11:  No member of the Owner’s Board shall receive any compensation for serving in said capacity, nor shall the expenses of meeting be borne by the Owners Association.

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ARTICLE V

Officers

Section 1:  The principal officers of the Owner’s Association shall be President, Vice President, Secretary and Treasurer, all of whom shall be elected by the Owner’s Board. The Owner’s Board may appoint an Assistant Treasurer and an Assistant Secretary and such other officers as in their judgment may be necessary.

Section 2:   The officers of the Owner’s Association shall be elected annually by the Owner’s Board at the organization meeting of each new Owner’s Board, and they shall hold office at the pleasure of the Owner’s Board.

Section 3:   Upon affirmative vote of a majority of the members of the Owner’s Board, any officer may be removed, with or without cause, and his successor elected at any regular meeting of the Owner’s Board or at any special meeting of the Owners Board called for such purpose.

Section 4:   The President shall be the Chief Executive Officer of the Owners Association. The President shall also serve as a Director of the Master Association. The President shall preside at all meetings of the Owner’s Association and of the Owner’s Board and shall have all of the general powers and duties which are usually vested in the office of President of an association, including but not limited to the powers to appoint committees from among the Owners from time to time.

Section 5:   The Vice President shall take the place of the President and perform such duties whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Owner’s Board shall appoint some other members of the Owner’s Board to do so on an interim basis. The Vice President shall also perform such other duties as shall from time to time be delegated by the Owner’s Board. Notwithstanding the foregoing, the Vice President shall not take the place of the President as a Master Association Director in the temporary absence of the President.

Section 6:   The Secretary shall keep the minutes of all meetings of the Owner’s Board and the minutes of all meetings of the Owner’s Association; shall have charge of such books and papers as the Owner’s Board may direct; and shall, in general, perform all the duties incident to the office of Secretary.

Section 7:   The Treasurer shall have responsibility for any Owner’s Association funds and securities and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Owner’s Association, and shall be responsible for the deposit of all monies and other valuable effects in the name, and to the credit of the Owner’s Association, in such depositories as may from time to time be designated by the Owner’s Board.

Section 8:   All agreements, contracts, deeds, leases, checks, notices and other instruments to be executed on behalf of the Owner’s Association shall be executed by any two officers (for the purposes hereof, an attesting officer shall be deemed an executing officer) of the Owner’s Association. In no event shall any such document only be signed by one signatory.

Section 9:   No officer shall receive any compensation for serving in said capacity, nor shall the expenses of meeting be borne by the Owner’s Association.

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ARTICLE VI

Fiscal Management of the Association

Section 1:  While the ultimate responsibility for the collection and handling of Assessments and funds is that of the Master Association, the Owner’s Association may be delegated the responsibility for some or all the Classification’s funds, or may be authorized by the Owners to impose and collect dues or other charges. Reasonable and prudent measures in the receipt, disbursement, and record-keeping shall be employed at all times by the Owner s Association in the care of funds. While not anticipated, in the event any insurance or condemnation proceeds are received by the Owner’s Association as a result of a taking or an insured casualty, it shall receive and disburse the same as a trustee for the benefit of the affected Owners. Further, in each of the PUD Classifications, the Owner’s Board thereof shall levy the PUD Assessment therein, and shall receive and disburse finds in accordance with the provisions of Article V Section 1 of the Bylaws (not the Owner’s Bylaws); except that references therein to Directors shall mean the directors of the Owner’s Board, and the reserve shall be for the repairs and replacement of the PUD Elements in such Classifications and not of the Common Areas.

ARTICLE VII

Liability of Officers and Directors of the Owner’s Association

Section 1:  The directors and the officers of the Owner’s Association shall not be liable to Owners for any mistake of judgment, negligence, or otherwise, except for their own individual willful misconduct or bad faith. The Owners shall indemnify and hold harmless each of the said officers and the directors against all contractual liability to others arising out of contracts made by the said officers or the directors on behalf of the Owner’s Association, unless any such contract shall have been made in bad faith or contrary to the provisions of the Declaration or of these Bylaws. It is intended that the said officers and the directors shall have no personal liability with respect to any contract made by them on behalf of Straus Park. If the directors so elect, they may purchase an insurance policy to indemnify themselves and said officers from liability arising out of such service.

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ARTICLE VIII

Amendment

Section 1:  These Bylaws may be amended by the affirmative vote of not less than sixty percent (60%) of the Owner’s Board or by the affirmative vote of not less than seventy five percent (75%) of the Owners of the Lots in such classification. No amendment hereof shall occur prior to the Release Date without the assent of Declarant. No amendment hereof shall occur without notice of the proposed amendment being provided in the notice of the meeting at which such amendment is to be considered.

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STRAUS PARK NEIGHBORHOOD COVENANTS

WEST VILLAGE LOT COVENANTS

In addition to the provisions set forth in the Declaration, the following covenants are applicable to the above Classification.

1.  Lots in this Classification shall be only used for those business and commercial uses that are approved by the Master Association in writing. No adult bookstore, illicit drug paraphernalia store, entertainment facility showing sexually explicit material or business representing itself as primarily being a nightclub, bar or saloon shall be permitted to operate in Straus Park. The businesses operating in this Classification are intended to be reasonably usable by the residents of Straus Park and their guests.

2.  Each Owner in the West Village Classification shall pay, upon being invoiced therefor, the West Village Assessments to the Straus Park West Village Owner’s Association, which amount is in addition to the Assessments.

3.  All signage (including content, size, color and material) must be in conformity with applicable ordinances and must be approved by the ECC. Wherever possible, single signs with multiple face plates shall be used in order to reduce the number of free-standing signs.

4.  On-street parking shall be regulated by the ECC, the Straus Park West Village Owners Association and the Master Association, as permitted by law. Parking spaces shall be reasonably striped and maintained by the Straus Park West Village Owner’s Association, and shall conform with all governmental regulations.

5.  Any food service facilities operating in the Classification must have an “A” Sanitation Rating. Should a lower Sanitation Rating be assessed and the “A” Sanitation Rating not restored by the next inspection, the Master Association shall have the right to demand the cessation of all restaurant operations until an “A” Sanitation Rating is restored; and upon such demand, such food service operations shall promptly cease.

6.  If a Majority of owners in this Classification so elect, then the Straus Park West Village Owner’s Association shall serve as a merchants association, and shall perform the functions customarily attendant thereto. In such event, all occupants of Lots in this Classification must belong thereto and pay any dues assessed thereby, in addition to, or as a part of the Straus Park West Village Assessments. Further, in such event, the Straus Park West Village Owners Association may provide for common promotional activities and other activities to promote the businesses located within the Classification; and may elect to have its dues collected by the Master Association as a part of the Assessments. In either event, the failure to pay the dues shall be a breach of the Declaration and shall be enforceable in the same manner as the other Assessments.

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TOWNHOME LOT COVENANTS

In addition to the provisions set forth in the Declaration, the following covenants are applicable to the above Classification.

1.  The Lots in this Classification shall only be used for residential purposes. The residences shall be for single family occupancy only, but may be attached or detached, including row townhouses. Residences in this Classification are part of a planned unit development project, within Straus Park. The Lot Owner is responsible for the acts of the occupants and users of the Owner’s Lots.

2.  The operation of a home office which does (I) not have clients or customers visiting the same, (ii) not cause any goods to be stored or warehoused on a Lot (e.g. on Amway distributorship), (iii) not have any external signage or indication of operation, thereof and (iv) not increase the flow of traffic in any appreciable manner, is considered to be a residential use. If the Straus Park Townhome Owner’s Association or the Master Association should, in accordance with the procedures of the same, determine that the operation of a Lot’s home office constitutes a nuisance, it shall so notify the Lot Owner and such Owner shall immediately cease and desist therefrom.

3.  Each Owner in the Townhome Classification shall pay, upon being invoiced therefor, the Townhome Assessments levied by the Straus Park Townhome Owner’s Association, which is in addition to the Assessments.

4.  Except to a licensed general contractor who is purchasing a Lot to construct a residence thereon and to sell the same, or as otherwise approved by Declarant, no Lot in this Classification shall be sold without a residence already constructed thereon or pursuant to a contract of sale which includes the construction of a residence as a part thereof. The number of Plans approved for this Classification is quite limited. The Lot Owner in this Classification understands a uniformity of design and finishes is anticipated and Declarant and the FCC may elect to allow no deviation therefrom.

5.  While the Townhome Common Elements are to be maintained by the Straus Park Townhome Owner’s Association, the Lot Owners within this Classification shall take reasonable steps at all times to keep the non-PUD Element portions of the Lot in sightly condition.

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MOUNTAINSIDE HOMESITE LOT COVENANTS

In addition to the provisions set forth in the Declaration, the following covenants are applicable to the above Classification.

1.   The Lots in this Classification shall only be used for residential purposes; and only one single family, detached dwelling is permitted to be constructed on each of these Lots. The Lot Owner is responsible for the acts of the occupants and users of the Owner’s Lots.

2.   The operation of a home office which does (I) not have clients or customers visiting the same, (ii) not cause any goods to be stored or warehoused on a Lot (e.g. on Amway distributorship), (iii) not have any external signage or indication of operation, thereof and (iv) not increase the flow of traffic in any appreciable manner, is considered to be a residential use. If the Straus Park Mountainside Homesite Owner’s Association or the Master Association should, in accordance with the procedures of the same, determine that the operation of a Lot’s home office constitutes a nuisance, it shall so notify the Lot Owner and such Owner shall immediately cease and desist therefrom.

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PARK PLACE LOT COVENANTS

In addition to the provisions set forth in the Declaration, the following covenants are applicable to the above Classification.

1.  Lots in this Classification shall be only used for those business and commercial uses that are approved by the Master Association in writing. No adult bookstore, illicit drug paraphernalia store, entertainment facility showing sexually explicit material or business representing itself as primarily being a nightclub, bar or saloon shall be permitted to operate in Straus Park. The businesses operating in this Classification are intended to be reasonably usable by the residents of Straus Park and their guests.

2.  Each Owner in the Park Place Classification shall pay, upon being invoiced therefor, the Park Place Assessments to the Straus Park/Park Place Owners Association, which amount is in addition to the Assessments.

3.  All signage (including content, size, color and material) must be in conformity with applicable ordinances and must be approved by the FCC. Wherever possible, single signs with multiple face plates shall be used in order to reduce the number of free-standing signs.

4.  On-street parking shall be regulated by the FCC, the Straus Park/Park Place Owners Association and the Master Association, as permitted by law. Parking spaces shall be reasonably striped and maintained by the Straus Park/Park Place Owner’s Association, and shall conform with all governmental regulations.

5.  Any food service facilities operating in the Classification must have an “A” Sanitation Rating. Should a lower Sanitation Rating be assessed arid the “A” Sanitation Rating not restored by the next inspection, the Master Association shall have the right to demand the cessation of all restaurant operations until an “A” Sanitation Rating is restored; and upon such demand, such food service operations shall promptly cease.

6.  If a Majority of Owners in this Classification so elect, then the Straus Park/Park Place Owners Association shall serve as a merchants association, and shall perform the functions customarily attendant thereto. In such event, all occupants of Lots in this Classification must belong thereto and pay any dues assessed thereby, in addition to, or as a part of the Straus Park/Park Place Assessments. Further, in such event, the Straus Park/Park Place Owner’s Association may provide for common promotional activities and other activities to promote the businesses located within the Classification, and may elect to have its dues collected by the Master Association as a part of the Assessments. In either event, the failure to pay the dues shall be a breach of the Declaration and shall be enforceable in the same manner as the other Assessments.

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MOUNTAIN PARK HOMES LOT COVENANTS

In addition to the provisions set forth in the Declaration, the following covenants are applicable toLots in the above Classification

1.  The Lots in this Classification shall only be used for residential purposes; and only one single family, detached dwelling (and other customary outbuildings approved by the ECC) shall be placed on each of these Lots. The Lot Owner is responsible for the acts of the occupants and users of the Owner’s Lots.

2.  The operation of a home office which does (i) not have clients or customers visiting the same, (ii) not cause any goods to be stored or warehoused on a Lot (e.g. on Amway distributorship), (iii) not have any external signage or indication of operation, thereof and (iv) not increase the how of traffic in any appreciable manner, is considered to be a residential use. If the Straus Park Mountain Park Homes Owners Association or the Master Association should, in accordance with the procedures of the same, determine that the operation of a Lot’s home office constitutes a nuisance, it shall so notify the Lot Owner and such Owner shall immediately cease and desist therefrom.

3.  Each Owner in the Mountain Park Homes Classification shall pay, upon being invoiced therefor, the Mountain Park Homes Assessments levied by the Straus Park Mountain Park Homes Owner’s Association, in addition to the Assessments.

4.  The number of Plans approved for this Classification is quite limited. The Lot Owner in this Classification understands a uniformity of design and finishes is anticipated and Declarant and the ECC may elect to allow no deviation therefrom.

5.  While the Mountain Park Homes Common Elements are to be maintained by the Straus Park Mountain Park Homes Owner’s Association, the Lot Owners within this Classification shall take reasonable steps at all times to keep the non-PUD Element portions of the Lot in sightly condition.

6.  The construction of a residence on a Lot in this Classification must commence not later than twenty-four months after the closing (the “Closing”) of the conveyance of the Lot, construction must then continue on a regular basis and the Certificate of Compliance (or other required governmental approval) must be issued within three years from the date of Closing. Upon the failure of any of the foregoing, Declarant may repurchase the Lot at the price paid to Declarant therefor, unless construction on the Lot has commenced, in which event the repurchase price shall be established by agreement of the Declarant and the Lot’s Owner. If they are unable to agree, then the Lot’s improvements shall be appraised by a licensed appraiser selected by Declarant. and the appraised value of such improvements, plus the price paid for the Lot to Declarant shall be the repurchase price of the Lot. The cost of the appraisal shall be equally borne by Declarant and the Lot’s Owner. If Declarant elects to so repurchase the Lot, the Owner shall convey the Lot to Declarant free of all encumbrances, other than those existing at the time of the original purchase, taxes for the current year, which shall be prorated, and the Holder’s deed of trust which is to be satisfied from the Owner’s proceeds at Closing.

The Lot’s Owner shall pay the cost of Revenue Stamps and deed and lien affidavit preparation. This right of repurchase shall remain vested in Declarant until the issuance of such Certificate.

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