[ { "id": "U01", "topic": "Borrowing clause deleted", "category": "borrowing", "category_label": "Borrowing, amenities and common property", "article": "Four", "articles": [ "Four" ], "draft_page": "14", "bk410_page": "758", "pages": [ 14 ], "old_text": "(a) The right of the Association, in accordance with the Master Declaration, its Articles and Bylaws, to borrow money for the purpose of maintenance, repair and improvement of the Common Areas and in aid thereof to mortgage such properties; (b) The right of the Association to set specific charges for the use and maintenance of the Common Areas;", "new_text": "(a) The right of the APPOA to set specific charges for the use and maintenance of the Common Areas and Amenities (b) The right of the APPOA as provided in its Articles and Bylaws to suspend the enjoyment rights of any Member for any period during which any assessment or dues remain unpaid, or for a period that may be determined by the Board", "markup_status": "unmarked", "markup_detail": "unmarked deletion (absent from the struck original)", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Worse", "impact_note": "Opinion: Worse for owners.", "confidence": "high", "in_v2_7": true, "note": "Borrowing authority moves to the revised Bylaws, Art. 2 Sec. 2(m), which the Bylaws in force (Bk 410 Pg 798) do not contain; in the Bylaws redline the power itself is unmarked and only the $1,000,000 cap is underlined.", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 14", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=14" }, { "label": "2013 Declaration, Book 410 Page 758", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=12" } ] }, { "id": "U02", "topic": "Political and Board-election material banned; \"political activism\"; organizing excluded", "category": "rights", "category_label": "Enforcement and owner rights", "article": "Twelve", "articles": [ "Twelve" ], "draft_page": "43 to 44", "bk410_page": "783 to 784", "pages": [ 43, 44 ], "old_text": "(f) Distribution of handbills or advertisements of any kind by placing the same in envelopes or clipped to or placed under the door or in the mail box or slot of any residence or building. | (g) The uninvited approach of property owners or guests by any peddler, hawk or itinerant merchant, transit vendor or solicitor, or sales person, for the purpose of engaging that member or guest in a discussion about the sale of merchandise, periodicals or any other type of property, real or personal. | For purposes of this Section, itinerant merchant, salesperson, promoters, drummers, peddlers or hawkers engaging in business activities, shall mean and include all persons, firms, corporations or other entities, and all agents of the same, that engage in or conduct a business of selling or soliciting orders for the sale of goods, wares, merchandise, real property or other property. | These prohibitions shall not apply to any activity conducted with the explicit written approval of the Association. Section 28. PROHIBITION OF EXTERIOR NETTING: No type of exterior netting, whether for purposes of safety, protection of a Lot or Dwelling from golf balls, aesthetics, or any other reason, and regardless of design, color or materials used for its manufacture, shall be kept, constructed, erected, installed or maintained on any Lot or Dwelling in the Community. Section29. PRIVATE SEPTIC TANKS: No private individual septic tanks are allowed. All Dwellings must be connected to the Subdivision's central sewerage system through an Albemarle Utility Company approved septic pump out tank. Notwithstanding the foregoing, however, private individual septic tanks shall be permitted on Lots in Section HH, Plantation Estates. ARTICLE ELEVEN Enforcement Section 1.", "new_text": "(f) Distribution of handbills or advertisements of any kind by placing the same in envelopes, or clipped to or placed under the door, or in the mailbox slot or Newspaper Box of any residence or building. | (g) Distribution of political related material, promotions, or campaign material whether on a national, state, county, local municipality or with respect to the APPOA Board of Directors elections, by placing the same in envelopes or clipped to or placed under the door, or in the mail box slot, or newspaper box of any residence or building within the APPOA Community. (h) The uninvited approach of Owners or guests by any peddler, hawkers or itinerant merchant, transit vendor or solicitor, or sales person, for the purpose of engaging that member or guest in a discussion about the sale of merchandise, periodicals or any other type of property, real or personal. | For purposes of this Section, itinerant merchant, salesperson, promoters, drummers, peddlers or hawkers engaging in business activities, shall mean and include all persons, firms, corporations or other entities, and all agents of the same, that engage in or conduct a business of selling or soliciting orders for the sale of goods, wares, merchandise, real property, other property or political activism. | These prohibitions shall not apply to any activity conducted with the explicit written approval of APPOA Board of Directors or the General Manager. Additionally, a) APPOA groups or APPOA organizations recognized as bona fide by the Board of Directors or b) social and/or personal invitations with respect to neighborhood block parties, holiday parties, dinner parties, person-to-person appreciation messages and the like, may use the newspaper boxes as a means of communication without written approval. For clarity, this would not include any type of activism or grass roots efforts to organize. ARTICLE THIRTEEN Compliance and Enforcement Section 1.", "markup_status": "unmarked", "markup_detail": "unmarked (only incidental \"the\"/\"POA Community\" insertions marked)", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Worse", "impact_note": "Opinion: Worse for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, pages 43 to 44", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=43" }, { "label": "2013 Declaration, Book 410 Pages 783 to 784", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=37" } ] }, { "id": "U03", "topic": "Voting eligibility handed to the Bylaws", "category": "voting", "category_label": "Voting and who decides", "article": "Five", "articles": [ "Five" ], "draft_page": "22 to 23", "bk410_page": "765", "pages": [ 22, 23 ], "old_text": "The Association shall have one class of voting membership. | The Bylaws of APPOA may establish procedures for voting when the title to a Dwelling Unit or Lot is held in the name of a corporation or more than one person or entity.", "new_text": "VOTING RIGHTS AND ELIGIBILITY: APPOA shall have one class of voting membership. | The Bylaws of APPOA shall establish procedures for eligibility and voting.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Worse", "impact_note": "Opinion: Worse for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, pages 22 to 23", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=22" }, { "label": "2013 Declaration, Book 410 Page 765", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=19" } ] }, { "id": "U04", "topic": "\"Member in good standing\" test, and Board decision of membership questions, added to the Member definition", "category": "voting", "category_label": "Voting and who decides", "article": "Two", "articles": [ "Two" ], "draft_page": "11", "bk410_page": "754 to 755", "pages": [ 11 ], "old_text": "\"Member\" shall mean a member of the Association, which shall include every person or entity who is an Owner of a Lot, a Dwelling situated in the Community, as well as any Recreational Amenity made subject to this Master Declaration. It shall not include any Owner of a Recreational Amenity that is not made subject to this Declaration. However, no person or gg a entity who holds an interest merely as security for the performance of an obligation shall be a member.", "new_text": "\"Member\" shall mean each person or entity who is an Owner of a Lot and or a Dwelling, located in the Albemarle Plantation, as described in the Master Declaration of Covenants, Conditions and Restrictions for Albemarle Plantation, (i.e., the Declaration), as the same may be amended, modified, or restated from time to time. A Member in good standing is one who is current in all dues and fees, has no liens issued by the APPOA against him or her, and is not suspended from the Amenities for violation of a procedure or policy. Any questions of ownership or Membership shall be determined by the Board of Directors. Any individual or entity who holds an interest in a Lot or Dwelling Unit solely as security for the performance of a financial obligation shall not be a Member of APPOA unless and until title to said Lot or Dwelling Unit is obtained through foreclosure or other legal means.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Worse", "impact_note": "Opinion: Worse for owners.", "confidence": "high", "in_v2_7": true, "note": "Both sentences (\"A Member in good standing is one who ...\" and \"Any questions of ownership or Membership shall be determined by the Board of Directors.\") are taken, nearly word for word, from the Bylaws in force (Art. Two), where they already limit voting (Art. Three Sec. 6). The second sentence was listed separately as N06 earlier in this run; it is folded in here (same region, same source).", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 11", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=11" }, { "label": "2013 Declaration, Book 410 Pages 754 to 755", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=8" } ] }, { "id": "U05", "topic": "Minimum six-month lease", "category": "use", "category_label": "Using your lot and home", "article": "Four", "articles": [ "Four" ], "draft_page": "17", "bk410_page": "760", "pages": [ 17 ], "old_text": "USE OF RECREATIONAL AMENITIES. 13.01 Albemarle Plantation Holdings II, LLC (\"APH H\") and Declarant, their successors and assigns, shall have the right for any residents of the prospective Phase II property, (the property across Holiday Island Road currently owned by APH II hereinafter called the \"Phase II Property\") to become Invitational Members (\"Invitational Members\") with the right to the use of the Recreational Amenities on the same terms and conditions as are then offered to new members in Phase J, except that such", "new_text": "RIGHTS OF TENANTS: A Member, as the Owner of an improved property (single family homes) may rent their property for a period of no less than six (6) months, and tenants may use the amenities in accordance with this Master Declaration, pursuant to a written lease with a term of at least six (6) months; provided, however, an APPOA Member may lease to another APPOA Member for their own occupancy for less than six (6) months. Section 14. USE OF AMENITIES: 14.01 The Declarant, their successors and assigns, shall have the right for any residents of the prospective Phase II property, (the property across Holiday Island Road currently owned by APH II hereinafter called the \"Phase II Property\") to become Invitational Members (\"Invitational Members\") with the right to the use of the Amenities on the same terms and conditions as are then offered to new members", "markup_status": "unmarked", "markup_detail": "unmarked heading and core sentence (case changes and \"six (\" marked)", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Worse", "impact_note": "Opinion: Worse for owners.", "confidence": "high", "in_v2_7": true, "note": "Struck text shows the six-month term came from \"APPI Byl Laws, Article Six, Section 14\" (amenity use by tenants).", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 17", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=17" }, { "label": "2013 Declaration, Book 410 Page 760", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=14" } ] }, { "id": "U06", "topic": "\"Dues\" added to the assessment covenant and lien sentence", "category": "money", "category_label": "Money and assessments", "article": "Six", "articles": [ "Six" ], "draft_page": "23", "bk410_page": "765", "pages": [ 23 ], "old_text": "ARTICLE FIVE Covenant For Assessments Section 1. | (1) Annual Assessments and (2) Special Assessments for capital improvements and other assessments to be fixed, established, and collected from time to time as hereinafter provided. | The Annual and Special Assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. | Each Member expressly covenants, by acceptance of a deed, that liens may be placed against the Owner's Lot or Dwelling Unit for nonpayment of assessments. Section 2. RECREATIONAL AMENITIES: So long as the Recreational Amenities are owned by the Association, the Recreational Amenities are not subject to assessments, either Annual Assessments or Special Assessments. | So long as the Recreational Amenities are owned by the Association, the Recreational Amenities are not subject to assessments, either Annual Assessments or Special Assessments.", "new_text": "ARTICLE SIX Covenant For Assessments and Dues Section 1. | annual assessment, dues and special assessments for capital improvements and other assessments to be fixed, established, and collected from time to time as hereinafter provided. | The annual assessment, dues and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of the Lot or Dwelling at the time when the financial obligation fell due. | Each Member expressly covenants, by acceptance of a deed, that liens may be placed against the Owner's Lot or Dwelling for nonpayment when due. Section 2. AMENITIES: | The Amenities are owned by APPOA and are not subject to assessments, either annual assessment, dues or special assessments.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Worse", "impact_note": "Opinion: Worse for owners.", "confidence": "high", "in_v2_7": true, "note": "The Bylaws in force (Art. Eight) already say dues and fees are \"secured by a continuing lien\"; the recorded covenant did not include dues.", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 23", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "label": "2013 Declaration, Book 410 Page 765", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=19" } ] }, { "id": "U07", "topic": "\"Dues\" written into the Amenities definition and the Common Area suspension clause", "category": "money", "category_label": "Money and assessments", "article": "Two, Three, Four", "articles": [ "Two", "Three", "Four" ], "draft_page": "8, 12, 14", "bk410_page": "755, 756, 758", "pages": [ 8, 12, 14 ], "old_text": "and the terms \"controlling\" and \"controlled\" have meanings correlative to the foregoing. | All Recreational Amenities shall be operated as ongoing business enterprises on a fee basis for the private use of the Members and the Members' sponsored guests and Invitational Members who are permitted membership under Article 3, Section 13. | (c) The right of the Association as provided in its Articles and Bylaws to suspend the enjoyment rights of any Member for any period during which any assessment remains unpaid, or for a period that may be determined by the Board of Directors for any violation of this Master Declaration, the Association's Articles, Bylaws or published rules and regulations;", "new_text": "\"Amenities\" shall mean recreational facilities located within the APPOA Community operated as ongoing business entities on a fee or dues basis such as, but not limited to, the 18-hole golf course and associated club house, marina, ship store, and dock, pro shop, maintenance area, driving range with attendant facilities, swimming pool and pool house, NABR, the Dockside Restaurant, community center, dog park, tennis courts, pickleball courts, bocce courts and retail wine program. \" Amenities\" shall include all recreational facilities of the APPOA Community, whether or not same are made subject to this Master Declaration. However, \"Amenities\" shall not include any recreational facilities provided by a homeowners association of an area of the APPOA Community which contains condominiums, townhouses, or other similar types of Dwellings which are not traditional single family detached dwellings. | All Amenities shall be operated as ongoing business enterprises on a fee or dues basis for the private use of the Members and the Members' sponsored guests and Invitational Members who are permitted membership under Article 4, Section 14. | (a) The right of the APPOA to set specific charges for the use and maintenance of the Common Areas and Amenities (b) The right of the APPOA as provided in its Articles and Bylaws to suspend the enjoyment rights of any Member for any period during which any assessment or dues remain unpaid, or for a period that may be determined by the Board of Directors for any violation of this Master Declaration, APPOA’s Articles, Bylaws or published policies and procedures;", "markup_status": "unmarked", "markup_detail": "unmarked (definition moved and rewritten without markup)", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Worse", "impact_note": "Opinion: Worse for owners.", "confidence": "high", "in_v2_7": true, "note": "v2.7 cites pages 9, 12, 14 and Pg 753, 756, 758; the \"fee or dues basis\" wording is on draft page 8 and the 2013 definition is on Pg 755.", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 8", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" }, { "label": "Proposed Declaration, page 12", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=12" }, { "label": "Proposed Declaration, page 14", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=14" }, { "label": "2013 Declaration, Book 410 Page 755", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=9" }, { "label": "2013 Declaration, Book 410 Page 756", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=10" }, { "label": "2013 Declaration, Book 410 Page 758", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=12" } ] }, { "id": "U08", "topic": "APPI spending added to Common Expenses", "category": "money", "category_label": "Money and assessments", "article": "Two", "articles": [ "Two" ], "draft_page": "10", "bk410_page": "754", "pages": [ 10 ], "old_text": "\"Common Expenses\" shall mean all expenses and expenditures made by the Association in carrying out its duties to maintain and promote the Common Areas and the Albemarle Plantation Community, together with all funds assessed by the Association for the creation and maintenance of reserve under this Master Declaration.", "new_text": "\"Common Expenses\" shall mean all expenses and expenditures made by APPOA and APPI in carrying out its duties to maintain and promote the Common Areas and the Albemarle Plantation, together with all funds assessed by APPOA for the creation and maintenance of reserves under this Master Declaration.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Worse", "impact_note": "Opinion: Worse for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 10", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=10" }, { "label": "2013 Declaration, Book 410 Page 754", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=8" } ] }, { "id": "U09", "topic": "$2,760 / $2,200 amenity assessment refund on resale deleted; lot 80% rate deleted", "category": "money", "category_label": "Money and assessments", "article": "Six", "articles": [ "Six" ], "draft_page": "27", "bk410_page": "769", "pages": [ 27 ], "old_text": "(c) Categories of Assessment for Recreational Amenities. For purposes of a special assessment to purchase the Recreational Amenities as described in this Section 6, the Association hereby establishes two categories of Dwelling or Lot Owners for which Assessments may be allocated based on the relative benefit of the purpose of a special assessment, and initially, there may be two (2) categories of Owners. Category 1 Owners (\"Category 1 Owners') will consist of Owners of unimproved lots. This refers to any Lot on which no house or dwelling has been built. For the purpose of this assessment, a property will be classed as a Lot and not as a Dwelling Unit until construction is completed on the Dwelling. Category 1 Owners may be assessed a lesser amount of a special assessment at the discretion of the Board of Directors after taking into account the relative benefit and burden of the purpose of a specific assessment and its specific purpose. Category 2 (\"Category 2 Owners\") will consist of Owners of a Dwelling. Category 1 Owners will be assessed eighty percent (80%) of the amount of the special assessment to a Category 2 Owner in connection with the acquisition of the Amenities. Nothing contained herein shall limit the right of the Board of Directors, in the case of future special assessments of creating more than two (2) categories of special assessments. (d) Refund of Recreational Assessment by Future Owners. The Association shall keep a record of all special assessments which have been paid by each Owner. If the Association purchases the Recreational Amenities, and a special assessment is approved by both the Board of Directors and the requisite approval by the Members (the \"Recreational Assessment'), an Owner paying his or her assessment (whether Category 1 or 2) shall be entitled to a refund of the Recreational Assessment paid by such Owner (or his or her successor in title) by the Association (less any outstanding obligations to the Association or the Recreational Amenities of such Member including dues or otherwise and monies of a special assessment designated for operational reserve). Such payment shall be only out of funds received by the Association (or the Recreational Amenities) paid by the purchaser of such property. Alternatively, the selling member may obtain a direct refund of the Recreational Assessment from the purchaser of his property at closing, but such payment will not discharge such member to be obligated to pay any outstanding obligations to either the Association or the Recreational Amenities thereafter. The Association, as owner of the Recreational Amenities, will require each new Owner to pay an amount equal to the Recreational Assessment of the prior owner, in addition to any initiation fees due to the Recreational Amenities. (e) Relationship to Section 13.02 of Article Three. Nothing in this Section 6 is intended to modify or revoke the provisions in Section 13.02 of Article Three.", "new_text": "owned subsidiary of APPOA for purposes of title ownership and operation of the Amenities or Utility, but any sale or transfer by APPI to any third party shall be subject to approval by the Board of Directors of APPOA and a positive vote of the majority of the Members of the APPOA eligible to vote as set forth in the preceding sentence Section 7.", "markup_status": "unmarked", "markup_detail": "unmarked deletion (absent from the struck original)", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Worse", "impact_note": "Opinion: Worse for owners.", "confidence": "high", "in_v2_7": true, "note": "Recorded text conditions the refund: \"Such payment shall be only out of funds received by the Association (or the Recreational Amenities) paid by the purchaser of such property.\"", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 27", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=27" }, { "label": "2013 Declaration, Book 410 Page 769", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=23" } ] }, { "id": "U10", "topic": "\"Reasonable\" limits on Board assessments and reserves removed; special assessment purposes broadened", "category": "money", "category_label": "Money and assessments", "article": "Six", "articles": [ "Six" ], "draft_page": "23 to 26", "bk410_page": "765 to 767", "pages": [ 23, 24, 25, 26 ], "old_text": "The Board of Directors, in its reasonable discretion, may also modify the assessment of social dues to Owners of multiple properties. | (i) the establishment and maintenance of a reasonable reserve fund for maintenance, repair and replacement of the Common Areas, to cover emergency repairs as a result of casualties which are not covered by insurance and to cover unforeseen operating contingencies or deficiencies arising from unpaid assessments; | purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas including the necessary fixtures and personal property related thereto, for the acquisition of any Recreational Amenities or any and all private utilities which serve the Property (the \"Utilities\"), or for other purposes deemed appropriate by the Association, including, but not limited to setting up a reasonable reserve for future capital outlays required to operate or maintain the Amenities or to address deferred maintenance issues to maintain the Recreational Amenities in reasonable condition. | The due date of any Special Assessment under this Article shall be fixed in a resolution authorizing such assessment, and if authorized by the Board of Directors, a special assessment may be paid in installments and allocated to different categories of Owners as set forth in Section 6(c), below, based on a reasonable determination in the sole discretion of the Board of Directors of the relative benefit and burden of each such special assessment. | The Association may, in the reasonable discretion of the Board, apportion the Special Assessment differently between various categories of members and Owners so as to more fairly allocate the cost of such assessment to each member or Owner category based on an analysis of the relative benefits and burdens and the purpose of the special assessment. | Year a Special Assessment for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas including the necessary fixtures and personal property related thereto, for the acquisition of any Recreational Amenities or any and all private utilities which serve the Property (the \"Utilities\"), or for other purposes deemed appropriate by the Association, including, but not limited to setting up a reasonable reserve for future capital outlays required to operate or maintain the Amenities or to address deferred maintenance issues to maintain the Recreational Amenities in reasonable condition. | cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas including the necessary fixtures and personal property related thereto, for the acquisition of any Recreational Amenities or any and all private utilities which serve the Property (the \"Utilities\"), or for other purposes deemed appropriate by the Association, including, but not limited to setting up a reasonable reserve for future capital outlays required to operate or maintain the Amenities or to address deferred maintenance issues to maintain the Recreational Amenities in reasonable condition.", "new_text": "The Board of Directors, in its discretion, may also modify the assessment of social dues to Owners of multiple properties as defined in the APPOA and APPI Bylaws. | (i) the establishment and maintenance of a reserve fund for maintenance, repair and replacement of the Common Areas and Amenities, to cover unforeseen operating contingencies or deficiencies as they may arise; | unexpected repair or replacement of a described capital improvement upon the Common Areas or Amenities including the necessary fixtures and personal property related thereto, for the acquisition of any future Amenities or any and all private utilities which serve the APPOA Community (the \"Utilities\"), or for other purposes deemed appropriate by the APPOA Board of Directors, including, but not limited to increasing reserve capital reserves for future capital outlays. | The due date of any Special Assessment under this Article shall be established by a resolution authorizing such assessment, and if authorized by the Board of Directors, a Special Assessment may be paid in installments and allocated to different categories of Owners as set forth in Section 6(c), below, based on a determination in the sole discretion of the Board of Directors of the relative benefit and burden, to the respective Owners of Lots or Dwellings, of each such Special Assessment. | (b) Allocation of Special Assessments. | part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas or Amenities including the necessary fixtures and personal property related thereto, for the acquisition of any future Amenities or any and all private utilities which serve the APPOA Community (the \"Utilities\"), or for other purposes deemed appropriate by the APPOA Board of Directors, including, but not limited to increasing reserve capital reserves for future capital outlays. | The due date of any Special Assessment under this Article shall be established by a resolution authorizing such assessment, and if authorized by the Board of Directors, a Special Assessment may be paid in installments and allocated to different categories of Owners as set forth in Section 6(c), below, based on a determination in the sole discretion of the Board of Directors of the", "markup_status": "unmarked", "markup_detail": "unmarked (in Sec. 6(b) the struck original already omits \"reasonable\")", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Worse", "impact_note": "Opinion: Worse for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, pages 23 to 26", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "label": "2013 Declaration, Book 410 Pages 765 to 767", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=19" } ] }, { "id": "U11", "topic": "Special assessment budget: the 60% rejection rule stays; voting procedures now follow the Bylaws", "category": "voting", "category_label": "Voting and who decides", "article": "Six", "articles": [ "Six" ], "draft_page": "26", "bk410_page": "767", "pages": [ 26 ], "old_text": "The budget is ratified unless sixty (60%) of all the Members in the Association eligible to vote reject the budget.", "new_text": "Voting procedures will be as outlined in the APPOA By-Laws for meetings of members For clarification, Members who fail to vote will not be treated as a vote against the ratification.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Unclear", "impact_note": "Opinion: Unclear for owners.", "confidence": "high", "in_v2_7": true, "note": "v2.7 labeled this Worse as \"Special assessment voting procedures handed to the Bylaws\". Relabeled Unclear after the red team (WP4 C7): the draft keeps \"The special budget is ratified unless sixty (60%) of all the Members in APPOA eligible to vote reject the budget\"; only the voting procedures move to the Bylaws.", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 26", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=26" }, { "label": "2013 Declaration, Book 410 Page 767", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=21" }, { "label": "Claim D004", "href": "claims.html#D004" } ] }, { "id": "U12", "topic": "Enforcement expanded: suspend Membership; APPI Bylaws as a ground; dues, fees, fines", "category": "rights", "category_label": "Enforcement and owner rights", "article": "Thirteen", "articles": [ "Thirteen" ], "draft_page": "45 to 46", "bk410_page": "785", "pages": [ 45, 46 ], "old_text": "Failure of an Owner, his licensees, invitees, guests or members of his household to comply with a provision of this Master Declaration or a provision in the Bylaws, Articles of Incorporation or Rules and Regulations of the Association shall provide the Association with the right to levy a fine and/or bring legal action at law or in equity, including but not limited to an action for injunctive relief, damages, or a combination thereof against the Owner. | Collection of such attorneys' fees costs and damages may be enforced by any method described in this Master Declaration providing for the collection of Annual Assessments, or by a civil action to collect the debt.", "new_text": "Failure of an Owner, his licensees, invitees, guests or members of his immediate family to comply with a provision of this Master Declaration or a provision in the APPOA/APPI Bylaws, Articles of Incorporation or policies and procedures of APPOA shall provide APPOA with the right to suspend Membership, levy a fine and/or bring legal action at law or in equity, including but not limited to an action for injunctive relief, damages, or a combination thereof against the Owner. | Collection of such attorneys' fees costs and damages may be enforced by any method described in this Master Declaration or APPOA/APPI Bylaws with respect to suspension or termination of membership providing for the collection of assessments, dues, fees, fines or by a civil action to collect the debt.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Worse", "impact_note": "Opinion: Worse for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, pages 45 to 46", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" }, { "label": "2013 Declaration, Book 410 Page 785", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=39" } ] }, { "id": "U13", "topic": "Prohibited animals expanded", "category": "use", "category_label": "Using your lot and home", "article": "Twelve", "articles": [ "Twelve" ], "draft_page": "41", "bk410_page": "780", "pages": [ 41 ], "old_text": "(b) Notwithstanding the foregoing, the following dog breeds (whether pure bred or mixed breed) are expressly prohibited: American Pit Bull Terrier, Rottweiler and Doberman Pinscher.", "new_text": "(b) Notwithstanding the foregoing, the following dog breeds (whether pure bred or mixed breed) are expressly prohibited: American Pit Bull Terrier, Rottweiler, Doberman Pinscher, wolf or wolf hybrid, Staffordshire Terrier or any animal with a documented biting history..", "markup_status": "unmarked", "markup_detail": "unmarked (section moved to new Article Twelve without markup)", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Worse", "impact_note": "Opinion: Worse for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 41", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=41" }, { "label": "2013 Declaration, Book 410 Page 780", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=34" }, { "label": "Claim D023", "href": "claims.html#D023" } ] }, { "id": "U15", "topic": "Permission for a permanent owner name sign removed", "category": "use", "category_label": "Using your lot and home", "article": "Twelve", "articles": [ "Twelve" ], "draft_page": "39, 42", "bk410_page": "782", "pages": [ 39, 42 ], "old_text": "Notwithstanding the foregoing, however, the Architectural Standards Committee may allow (a) one temporary sign during construction displaying the name of the General Contractor and the Architect, and (b) a permanent name identification sign displaying the name of the Owner of the lot or unit.", "new_text": "Notwithstanding the foregoing, however, the ASC may allow (a) one temporary sign during construction displaying the name of the General Contractor and the Architect.", "markup_status": "unmarked", "markup_detail": "unmarked (missing from the struck original on p39 and from the new section on p42)", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Worse", "impact_note": "Opinion: Worse for owners.", "confidence": "high", "in_v2_7": true, "note": "v2.7 cites page 42 only.", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 39", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=39" }, { "label": "Proposed Declaration, page 42", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=42" }, { "label": "2013 Declaration, Book 410 Page 782", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=36" }, { "label": "Claim D023", "href": "claims.html#D023" } ] }, { "id": "U16", "topic": "General vote: \"fifty percent\" becomes \"a majority of Members eligible to vote\"", "category": "voting", "category_label": "Voting and who decides", "article": "Five", "articles": [ "Five" ], "draft_page": "23", "bk410_page": "765", "pages": [ 23 ], "old_text": "Unless otherwise provided in the Master Declaration, all votes for approval of any action by the Association, for which a vote of the members is required, shall require the affirmative vote of fifty percent (in person or by proxy) at a duly called meeting at which there is a quorum.", "new_text": "Unless otherwise provided in the Master Declaration, all votes for approval of any action by APPOA, for which a vote of the Members is required, shall require the affirmative vote of a majority of Members eligible to vote in person or by proxy at a duly called meeting at which there is a quorum.", "markup_status": "unmarked", "markup_detail": "unmarked (only \"a\" marked)", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Unclear", "impact_note": "Opinion: Unclear for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 23", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "label": "2013 Declaration, Book 410 Page 765", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=19" } ] }, { "id": "U17", "topic": "Member votes to buy or sell amenities: fifty percent becomes \"majority\"", "category": "borrowing", "category_label": "Borrowing, amenities and common property", "article": "Six", "articles": [ "Six" ], "draft_page": "27", "bk410_page": "768", "pages": [ 27 ], "old_text": "Notwithstanding anything in the Master Declaration to the contrary, any approval of the Purchase (as defined hereinafter) of the Recreational Amenities or Utilities referenced in the previous sentence, if such purchase occurs after Turnover (as described in Article IV, Section 3 of the Master Declaration), a vote of fifty percent (50%) of the Members eligible to vote shall be required to authorize a purchase and any loan reasonably required by the Association (as determined in the reasonable judgment of the Board of the Association) in order to finance the purchase thereof. | At any time, the Association may sell, transfer or convey all or any part of the Amenities, and, except for the sale of the golf course, such sale or transfer shall require a vote of fifty percent (50%) of the Members to authorize same. | (\"APP\") a wholly owned subsidiary of APPOA for purposes of title ownership and operation of the Recreational Amenities or Utility, but any sale or transfer by APP to any third party shall be subject to approval by the Board of Directors of APPOA and a positive vote of fifty percent (50%) of the Members of the Association eligible to vote as set forth in the preceding sentence.", "new_text": "Notwithstanding anything in the Master Declaration to the contrary, any approval of the Purchase (as defined hereinafter) of future Amenities or Utilities referenced in the previous sentence, a majority vote of the Members eligible to vote present in person or by proxy at a duly called meeting of APPOA shall be required to authorize the purchase and any loan reasonably required by the APPOA (as determined in the reasonable judgement of the Board of Directors of APPOA) in order to finance the purchase thereof. | At any time, APPOA may sell, transfer or convey all or any part of the Amenities, and, except for the sale of the Golf Course, such sale or transfer shall require a majority vote of the Members eligible to vote to authorize same. | (\"APPI\") a wholly owned subsidiary of APPOA for purposes of title ownership and operation of the Amenities or Utility, but any sale or transfer by APPI to any third party shall be subject to approval by the Board of Directors of APPOA and a positive vote of the majority of the Members of the APPOA eligible to vote as set forth in the preceding sentence Section 7.", "markup_status": "unmarked", "markup_detail": "unmarked (the purchase vote's \"present in person or by proxy\" is marked)", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Unclear", "impact_note": "Opinion: Unclear for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 27", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=27" }, { "label": "2013 Declaration, Book 410 Page 768", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=22" } ] }, { "id": "U18", "topic": "Purpose of assessments and reserve fund rewritten", "category": "money", "category_label": "Money and assessments", "article": "Six", "articles": [ "Six" ], "draft_page": "23 to 24", "bk410_page": "765 to 766", "pages": [ 23, 24 ], "old_text": "The assessment levied by the Association for common expenses shall be used exclusively for the general purpose of promoting the recreation, health, welfare, common benefit and enjoyment of the Owners and occupants of the Development and marketing and maintaining the development and improvements therein, all as may be more specifically authorized from time to time by the Board of Directors. | (i) the establishment and maintenance of a reasonable reserve fund for maintenance, repair and replacement of the Common Areas, to cover emergency repairs as a result of casualties which are not covered by insurance and to cover unforeseen operating contingencies or deficiencies arising from unpaid assessments;", "new_text": "The assessment levied by the APPOA for common expenses shall be used exclusively for expenses and/or capital improvements for the purpose of promoting the long term recreation, health, welfare, common benefit and enjoyment of the Owners and maintaining the APPOA Community and the improvements therein, all as may be more specifically authorized from time to time by the Board of Directors. | (i) the establishment and maintenance of a reserve fund for maintenance, repair and replacement of the Common Areas and Amenities, to cover unforeseen operating contingencies or deficiencies as they may arise;", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Unclear", "impact_note": "Opinion: Unclear for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, pages 23 to 24", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "label": "2013 Declaration, Book 410 Pages 765 to 766", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=19" } ] }, { "id": "U19", "topic": "Signature block: approved by 67% of \"Members eligible to vote\"", "category": "voting", "category_label": "Voting and who decides", "article": "Thirteen", "articles": [ "Thirteen" ], "draft_page": "47", "bk410_page": "787", "pages": [ 47 ], "old_text": "IN WITNESS WHEREOF, this Master Declaration together with covenants, conditions and restrictions has been signed and executed by the Association on the day and year first above written.", "new_text": "IN WITNESS WHEREOF, this Master Declaration together with covenants, conditions and restrictions has been signed and executed by the Association and approved by sixty-seven percent (67%) of the Members eligible to vote on the day and year first above written.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Unclear", "impact_note": "Opinion: Unclear for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 47", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=47" }, { "label": "2013 Declaration, Book 410 Page 787", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=41" } ] }, { "id": "U20", "topic": "Procedure for adding property rewritten (now an incomplete sentence)", "category": "borrowing", "category_label": "Borrowing, amenities and common property", "article": "Three", "articles": [ "Three" ], "draft_page": "12 to 13", "bk410_page": "756 to 757", "pages": [ 12, 13 ], "old_text": "Should any additional property be added to Albemarle Plantation and become subject to this Master Declaration, and subject to the provisions of Article Three Section 13 below, the Owner shall have the right to designate the boundaries of the various land use categories to be located therein as well as to designate the Common Areas and Recreational Amenities if any are added to the Development in the additional property. | Should any additional property be added to Albemarle Plantation and become subject to this Master Declaration, and subject to the provisions of Article Three Section 13 below, the Owner shall have the right to designate the boundaries of the various land use categories to be located therein as well as to designate the Common Areas and Recreational Amenities if any are added to the Development in the additional property. Any such additional property shall be submitted to this Master Declaration and become a part of Albemarle Plantation by APPOA filing an amendment to this _-_-_-_-_-_-_-_-_-_-_--------EEEESEeEeEeueR www Master Declaration together with a map of the area being added to the Development. Should additional properties be added to the Development and thereby become subject to this Master Declaration, the number of votes to be assigned to the Recreational Amenities located therein shall be assigned by APPOA as it deems appropriate and shall be set out in the Amendment bringing such additional property into the Development. Section 5. RECREATIONAL AMENITIES: The Recreational Amenities are owned by APPOA and operated as an ongoing business enterprise within the Community, whether or not they may be subsequently owned by an entity or person other than the Association.", "new_text": "This area will be recorded with the county and a map added to the development. | Section 5. AMENITIES: The Amenities are owned by APPOA and operated as an ongoing business enterprise within the APPOA Community, whether or not they may be subsequently owned by an entity or person other than APPOA.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Unclear", "impact_note": "Opinion: Unclear for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, pages 12 to 13", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=12" }, { "label": "2013 Declaration, Book 410 Pages 756 to 757", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=10" } ] }, { "id": "U21", "topic": "Board amendment clause kept; cross-reference renumbered (2013 Section 13.06 is now Section 14.06, inside Article Four)", "category": "voting", "category_label": "Voting and who decides", "article": "Thirteen", "articles": [ "Thirteen" ], "draft_page": "45", "bk410_page": "785", "pages": [ 45 ], "old_text": "Except as limited by Article Three (3) and Section 13.06, APPOA reserves the right to modify or amend this Master Declaration at any time without prior notice and without the consent of any person or entity for any purpose whatsoever, (with the exception of a modification affecting the Ninth Amendment, which requires the approval of the North Carolina DENR) provided any such amendment or modification may not materially alter the basic plan of development.", "new_text": "Except as limited by Article Four, APPOA reserves the right to modify or amend this Master Declaration at any time without prior notice and without the consent of any person or entity for any purpose whatsoever, (with the exception of a modification affecting the Ninth Amendment to the Original Restated Declaration, which requires the approval of the North Carolina DENR) provided any such amendment or modification may not materially alter the", "markup_status": "unmarked", "markup_detail": "unmarked (renumbering marked)", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": true, "note": "The clause keeps \"may not materially alter the basic plan of development\".", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 45", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" }, { "label": "2013 Declaration, Book 410 Page 785", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=39" } ] }, { "id": "U22", "topic": "Annual assessment due-date sentence deleted", "category": "money", "category_label": "Money and assessments", "article": "Six", "articles": [ "Six" ], "draft_page": "24", "bk410_page": "766", "pages": [ 24 ], "old_text": "DATE OF COMMENCEMENT OF \"ANNUAL ASSESSMENTS\"; DUE DATE; ASSESSMENT PERIOD: The annual assessment provided herein for members shall commence upon conveyance of a Lot or Dwelling to the member. | The annual assessment provided herein for members shall commence upon conveyance of a Lot or Dwelling to the member. Once the assessment period has commenced the assessments shall thereafter be due on the first day of every assessment period as this term is defined in the Bylaws of the Association.", "new_text": "DATE OF COMMENCEMENT OF ASSESSMENTS AND DUES: The assessments and dues provided herein for Members shall commence upon conveyance of a Lot or Dwelling to the Owner. | The assessments and dues provided herein for Members shall commence upon conveyance of a Lot or Dwelling to the Owner.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 24", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=24" }, { "label": "2013 Declaration, Book 410 Page 766", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=20" } ] }, { "id": "U23", "topic": "Insurance premiums no longer \"deemed to be general expenses\" or \"budgeted\"", "category": "money", "category_label": "Money and assessments", "article": "Eight", "articles": [ "Eight" ], "draft_page": "31", "bk410_page": "773", "pages": [ 31 ], "old_text": "The premiums for all insurance policies purchased by the Association shall be deemed to be general expenses of the Association and shall be budgeted and paid by the Association through the appropriate budget.", "new_text": "The premiums for all insurance policies purchased by APPOA shall be paid by APPOA through the appropriate budget.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": true, "note": "v2.7 label (\"budgeted\" to \"through the appropriate budget\") is imprecise: \"through the appropriate budget\" is in the 2013 text.", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 31", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=31" }, { "label": "2013 Declaration, Book 410 Page 773", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=27" } ] }, { "id": "U24", "topic": "80% lot assessment limited to unimproved lots", "category": "money", "category_label": "Money and assessments", "article": "Six", "articles": [ "Six" ], "draft_page": "25", "bk410_page": "766", "pages": [ 25 ], "old_text": "The Owner of each Lot in the Development shall pay an assessment in an amount equal to eighty percent (80%) of the annual assessment for the Dwelling Unit.", "new_text": "The Owner of each unimproved Lot in the APPOA Community shall pay an annual assessment in an amount equal to eighty percent (80%) of the Annual Assessment for a Dwelling Unit.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 25", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=25" }, { "label": "2013 Declaration, Book 410 Page 766", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=20" } ] }, { "id": "U25", "topic": "Owner definition: homeowners-association and amenity-owner clauses removed", "category": "housekeeping", "category_label": "Definitions and housekeeping", "article": "Two", "articles": [ "Two" ], "draft_page": "11", "bk410_page": "755", "pages": [ 11 ], "old_text": "\"Owner\" shall also mean any homeowners or property owners association that owns the common areas of a section in the Community that is designated for condominium, townhouse, or similar development. \"Owner\" shall also mean the owner of any property on which a Recreational Amenity is constructed only if said property is made subject to this Master Declaration. Notwithstanding any theory of the mortgage, \"Owner\" shall not mean or refer to the mortgagee, unless and until such mortgagee has acquired title pursuant to foreclosure or in any deed or proceeding in lieu of foreclosure.", "new_text": "Notwithstanding any theory of the mortgage, “Owner” shall not mean or refer to the mortgagee, unless and until such mortgagee has acquired title pursuant to foreclosure or in any deed or proceeding in lieu of foreclosure \"Person\" shall mean a natural person, corporation, partnership, association, trust, limited liability company, limited partnership, limited liability partnership, limited liability limited partnership or other legal entity, or any combination thereof.", "markup_status": "unmarked", "markup_detail": "unmarked deletion (the mortgagee sentence, already in 2013, is shown as an insertion)", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 11", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=11" }, { "label": "2013 Declaration, Book 410 Page 755", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=9" } ] }, { "id": "U26", "topic": "Declarant, Development/Community and Supplemental Declaration definitions removed", "category": "housekeeping", "category_label": "Definitions and housekeeping", "article": "Two, Three", "articles": [ "Two", "Three" ], "draft_page": "10, 12", "bk410_page": "754 to 756", "pages": [ 10, 12 ], "old_text": "\"Declarant\" shall mean Albemarle Plantation Holdings, LLC, (\"APH\") a North Carolina Limited Liability Company. The Declarant may assign or pledge any or all of its nights. \"Development\" or \"Community\" shall mean the property described on the attached Exhibit A together with all improvements located or constructed thereon and all additional property which heretofore was subjected to the Original Declaration or may hereafter be made subject to this Master Declaration. | \"Supplemental Declaration\" shall mean a Declaration filed by Association or any other Developer of a parcel of property located in the Development establishing covenants, conditions a and restrictions for that particular parcel of property. Supplemental Declarations will be filed for all areas in the Development not covered by this Master Declaration.", "new_text": "\"Dwelling\" or \"Dwelling Unit\" shall mean any Dwelling whether in a detached building, a unit in a condominium, townhome or in an attached unit. | ARTICLE THREE Plan of Development Section 1.", "markup_status": "unmarked", "markup_detail": "unmarked deletion", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": true, "note": "v2.7 says \"Developer\"; the 2013 terms are \"Declarant\" and \"Development\" or \"Community\". The draft still uses \"Community\" and \"Development\" without defining them.", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 10", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=10" }, { "label": "Proposed Declaration, page 12", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=12" }, { "label": "2013 Declaration, Book 410 Pages 754 to 756", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=8" } ] }, { "id": "U27", "topic": "Dwelling begins at certificate of occupancy", "category": "housekeeping", "category_label": "Definitions and housekeeping", "article": "Two", "articles": [ "Two" ], "draft_page": "10", "bk410_page": "754", "pages": [ 10 ], "old_text": "A parcel of land shall be deemed a Lot rather than a Dwelling until the improvements constructed thereon are sufficiently complete to reasonably permit habitation thereof. Except in the case of a condominium where the completion of a condominium building does not constitute a \"Dwelling Unit\", upon completion of the building, the Lot and the improvements thereon shall collectively be considered a \"Dwelling\" for purposes of this Master Declaration.", "new_text": "A parcel of land shall be deemed a Lot rather than a Dwelling until the improvements constructed and a certificate of occupancy has been received by APPOA.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": true, "note": "Final sentence lacks a verb: \"until the improvements constructed and a certificate of occupancy has been received by APPOA\".", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 10", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=10" }, { "label": "2013 Declaration, Book 410 Page 754", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=8" } ] }, { "id": "U28", "topic": "New definitions: APPOA Website/NABR, APPI, AUC", "category": "housekeeping", "category_label": "Definitions and housekeeping", "article": "Two", "articles": [ "Two" ], "draft_page": "9", "bk410_page": "753", "pages": [ 9 ], "old_text": "\"Association\" or \"APPOA\" shall mean the Albemarle Plantation Property Owners Association, Inc., a not-for-profit corporation whose purpose is to administer the property, which is subject to this Master Declaration.", "new_text": "\"APPOA Website\" shall mean any website domain created or maintained by APPOA, including, but not limited to, NABR or the APPOA homepage . The APPOA internet domains, apnabr.com or apnabr.us (“NABR”) refers to the community’s website provided under an annual website hosting contract with TOPS Software of Florida, LLC, operating as Engage- Goenumerate (“Enumerate”) or any future provider. \"APPI\" shall mean Albemarle Plantation Properties, Inc. APPI operates the Amenities in the development known as the Albemarle Plantation Hertford, NC, Recreational Amenities are collectively referred to in this Master Declaration as the “Amenities”. APPI may include other companies as designated by the Board of Directors in the future. \"AUC\" shall mean Albemarle Utilities Company.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 9", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=9" }, { "label": "2013 Declaration, Book 410 Page 753", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=7" } ] }, { "id": "U29", "topic": "Fire department and storage parcels; Common Area title recitals rewritten", "category": "borrowing", "category_label": "Borrowing, amenities and common property", "article": "Two, Four", "articles": [ "Two", "Four" ], "draft_page": "10, 14", "bk410_page": "753, 758", "pages": [ 10, 14 ], "old_text": "(b) the fire department parcel and the storage parcel to be conveyed to the Association for the use and benefit of the Association; (c) the 31 acres known as Mathews Tract; | Declarant has conveyed, to the Association, legal title of the major portion of the Common Areas by deed recorded in Book 402, page 150, Perquimans County Registry free and clear of all liens and encumbrances except this Master Declaration and any supplements and amendments thereto. | The Mathews Tract is also held under the Common Area and owned by the APPOA through deed recorded in the Perquimans Registry, Book 401, Page 638. Declarant has also agreed to convey the lot reserved for a fire house and the Boat Storage area which may become part of the Common Areas upon conveyance. | Declarant has also agreed to convey the lot reserved for a fire house and the Boat Storage area which may become part of the Common Areas upon conveyance.", "new_text": "(b) the 31 acres known as Mathews Tract; | APPOA has legal title to the Common Areas by deed recorded in Book 402, page 150, Perquimans County Registry, free and clear of all liens and encumbrances except this Master Declaration and any supplements and amendments thereto. | The Mathews Tract is also held under the Common Area and owned by the APPOA through deed recorded in the Perquimans Registry, Book 401, Page 638. The Boat Storage area is owned by the APPOA through deed recorded in the Perquimans County Registry, Book 401, Page 638 and part of the Common Areas. | The Boat Storage area is owned by the APPOA through deed recorded in the Perquimans County Registry, Book 401, Page 638 and part of the Common Areas.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": true, "note": "Draft cites Book 401 Page 638 for both the Mathews Tract and the Boat Storage area; not verified against the Register of Deeds.", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 10", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=10" }, { "label": "Proposed Declaration, page 14", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=14" }, { "label": "2013 Declaration, Book 410 Page 753", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=7" }, { "label": "2013 Declaration, Book 410 Page 758", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=12" } ] }, { "id": "U30", "topic": "Real estate agent language narrowed", "category": "use", "category_label": "Using your lot and home", "article": "Twelve", "articles": [ "Twelve" ], "draft_page": "44", "bk410_page": "784", "pages": [ 44 ], "old_text": "These activities are limited to the activities of licensed real estate salespeople, both those working for Albemarle Plantation Realty and other outside agencies, involving accompaniment of potential purchasers throughout the subject property in the real estate sales process. | Notwithstanding this allowance, it shall be against the rules for real estate sales people, both those working for Albemarle Plantation Realty and other outside agencies, to approach parties on subject property, with whom they are unacquainted, to engage in any of form of solicitation noted in paragraphs a through g of this Section 27 above.", "new_text": "These activities are limited to the activities of licensed real estate salespeople involving accompaniment of potential purchasers throughout the APPOA property in the real estate sales process. | Notwithstanding this allowance, it shall be against the rules for real estate sales people, to approach parties on AP property, with whom they are unacquainted, to engage in any of form of solicitation noted in paragraphs a through h of this Section 7.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 44", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=44" }, { "label": "2013 Declaration, Book 410 Page 784", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=38" } ] }, { "id": "U31", "topic": "Golf ball retrieval language rewritten", "category": "use", "category_label": "Using your lot and home", "article": "Four", "articles": [ "Four" ], "draft_page": "16", "bk410_page": "760", "pages": [ 16 ], "old_text": "Once a residential unit is constructed on such property this easement shall be limited to the recovery of the golf ball. | This Easement is for pedestrian access only and the player shall not use a golf cart or other vehicle for the purpose of entry on any such adjoining property and shall not commit a nuisance while on such property.", "new_text": "Once a Dwelling is constructed on such property this easement shall be limited to the recovery of the golf ball. | This Easement is for pedestrian access by a registered golf course player during the course of play who shall not use a golf cart or other vehicle for the purpose of entry on any such adjoining property and shall not commit a nuisance while on such property.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 16", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=16" }, { "label": "2013 Declaration, Book 410 Page 760", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=14" } ] }, { "id": "U32", "topic": "Amenities, restaurant and townhome wording", "category": "housekeeping", "category_label": "Definitions and housekeeping", "article": "Two, Three", "articles": [ "Two", "Three" ], "draft_page": "10, 12", "bk410_page": "754, 756", "pages": [ 10, 12 ], "old_text": "\"Dwelling\" or \"Dwelling Unit\" shall mean any Dwelling quarters whether in a detached building, a unit in a condominium or in an attached unit. | The Restaurant, Marina and the Golf Course are open to the public for the payment of the current fees and/or charges. | Future areas may be designated by the APPOA, as successor to Declarant, to be used for traditional Single Family Detached Dwellings, condominiums, townhouses, or other similar types of Residential Dwellings which are not traditional Single Family Detached Dwellings.", "new_text": "\"Dwelling\" or \"Dwelling Unit\" shall mean any Dwelling whether in a detached building, a unit in a condominium, townhome or in an attached unit. | The Clubhouse restaurant, Dockside restaurant (\"the Restaurants\") Marina and the Golf Course are open to the public for the payment of the current fees and/or charges. | Future areas may be designated by the APPOA, to be used for Common Areas, Amenities, traditional Single Family Detached Dwellings, condominiums, and townhomes.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": true, "note": "v2.7 cites pages 11 to 12 and Pg 755 to 756; the townhome change is on page 10 (Pg 754).", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 10", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=10" }, { "label": "Proposed Declaration, page 12", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=12" }, { "label": "2013 Declaration, Book 410 Page 754", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=8" }, { "label": "2013 Declaration, Book 410 Page 756", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=10" } ] }, { "id": "U33", "topic": "30 days' notice before Common Area changes; \"without approval of any Owner\" removed", "category": "borrowing", "category_label": "Borrowing, amenities and common property", "article": "Four", "articles": [ "Four" ], "draft_page": "14 to 15", "bk410_page": "758 to 759", "pages": [ 14, 15 ], "old_text": "(e) The right of the Association, without approval of any Owner, to add to or delete part of the Common Areas and to dedicate easements and rights-ofway over the Common Areas in accordance with the terms of this Master Declaration; | APPOA expressly reserves for itself and its successors and assigns the right to change and realign the boundaries of any designated Common Area within the Development, and to make additions thereto without, however, infringing on a Member's property.", "new_text": "(d) Upon reasonable notice of 30 days, APPOA has the right to add to or delete part of the Common Areas and to dedicate easements and rights-of- way over the Common Areas in accordance with the terms of this Master Declaration; and, to add to or delete part of the Common Areas and to dedicate easements and rights-of-way over the Common Areas in accordance with the terms of this Master Declaration; | Notice of 30 days must be given prior to any change or realignment of the boundaries of any Common Area.", "markup_status": "unmarked", "markup_detail": "unmarked (rest of the Sec. 6 sentence marked)", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Better", "impact_note": "Opinion: Better for owners.", "confidence": "high", "in_v2_7": true, "note": "Final text of Art. Four Sec. 3(d) repeats one clause twice.", "diff": true, "evidence": [ { "label": "Proposed Declaration, pages 14 to 15", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=14" }, { "label": "2013 Declaration, Book 410 Pages 758 to 759", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=12" } ] }, { "id": "U34", "topic": "Preferred Builders Program deleted", "category": "use", "category_label": "Using your lot and home", "article": "Eleven", "articles": [ "Eleven" ], "draft_page": "33", "bk410_page": "775", "pages": [ 33 ], "old_text": "PREFERRED BUILDERS PROGRAM: The APPOA is specifically authorized to designate and define a limited number of licensed North Carolina construction contractors authorized to construct residential structures within Albemarle Plantation, and to determine and impose the criteria for construction contractors to qualify for such designation. APPOA may further limit the number of such qualified construction contractors. The purpose of this authorization is to enhance the likelihood that a good quality of construction will be maintained within Albemarle Plantation, and that construction sites will be maintained in a clean and sightly condition. An authorized construction contractor, designated as a \"Preferred Builder\" for the residential construction within Albemarle Plantation, shall have its privileges to construct revoked upon a finding by the APPOA that said construction contractor is not building an acceptable quality residential structure, is not successful in maintaining good customer relations, or is failing to maintain its construction sites in a clean and slightly condition. APPOA shall maintain at all times a list of \"Preferred Builders,\" which shall be made available upon request to any lot owner or prospective lot owner, and each lot owner by accepting title to a lot agrees to utilize only an authorized \"Preferred Builder.\" Section 4.", "new_text": "PERMITTED IMPROVEMENTS:", "markup_status": "unmarked", "markup_detail": "unmarked deletion", "amendment_check": "First Amendment (Bk 419 Pg 809) relies on this program for the Cole Tract; draft Sec. 14.11 still cites it", "impact": "Better", "impact_note": "Opinion: Better for owners.", "confidence": "high", "in_v2_7": true, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 33", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=33" }, { "label": "2013 Declaration, Book 410 Page 775", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=29" } ] }, { "id": "N01", "topic": "Annual assessments, reserves, capital budgets and special assessments now also cover the Amenities", "category": "money", "category_label": "Money and assessments", "article": "Six", "articles": [ "Six" ], "draft_page": "24 to 26", "bk410_page": "766 to 767", "pages": [ 24, 25, 26 ], "old_text": "(d) the expenses of maintenance, operation and repair of the common areas; | (f) any real or personal property taxes assessed or levied against the Common Areas; | In addition to the Annual Assessment authorized by this Article V, the Board may levy in any Assessment Year a Special Assessment for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas including the necessary fixtures and personal property related thereto, for the acquisition of any Recreational Amenities or any and all private utilities which serve the Property (the \"Utilities\"), or for other purposes deemed appropriate by the Association, including, but not limited to setting up a reasonable reserve for future capital outlays required to operate or maintain the Amenities or to address deferred maintenance issues to maintain the Recreational Amenities in | As reasonably required, the Board shall provide all Members with a proposed budget for capital repairs and restoration of any Common Areas and a notice of meeting to consider ratification of such special budget, including a statement that the special budget and special assessment may be ratified without a quorum.", "new_text": "(d) the expenses of maintenance, operation and repair of the Common Areas and Amenities; | (f) any real or personal property taxes assessed or levied against the Common Areas and Amenities; | In addition to the Annual Assessment authorized by this Article Six, the Board may levy in any Assessment Year a Special Assessment for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas or Amenities including the necessary fixtures and personal property related thereto, for the acquisition of any future Amenities or any and all private utilities which serve the APPOA Community (the \"Utilities\"), or for other purposes deemed appropriate by the APPOA Board of Directors, including, but not limited to increasing reserve capital reserves for future capital outlays. | The Board of Directors shall provide all Members with a proposed budget for capital repairs and restoration of Common Areas and Amenities and a notice of meeting to consider ratification of such special assessment budget, including a statement that the special budget and special assessment may be ratified without a quorum.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Worse", "impact_note": "Opinion: Worse. 2013 Art. Five Sec. 2 says the amenities \"are not subject to assessments\"; in fairness, 2013 already allowed special assessments for amenity reserves and deferred maintenance", "confidence": "high", "in_v2_7": false, "note": "2013 Art. Five Sec. 2: amenities \"are not subject to assessments\"; 2013 already allowed special assessments for amenity reserves and deferred maintenance.", "diff": true, "evidence": [ { "label": "Proposed Declaration, pages 24 to 26", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=24" }, { "label": "2013 Declaration, Book 410 Pages 766 to 767", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=20" } ] }, { "id": "N02", "topic": "\"household\" replaced by \"immediate family\" throughout (find-and-replace)", "category": "rights", "category_label": "Enforcement and owner rights", "article": "Four, Thirteen", "articles": [ "Four", "Thirteen" ], "draft_page": "13, 21, 41 to 42, 45", "bk410_page": "757 to 758, 763, 780 to 781, 785", "pages": [ 13, 21, 41, 42, 45 ], "old_text": "Subject to the provisions of Section 4 of this Article and any additional provisions of this Master Declaration, every Member, his agent, licensees, invitees, and members of his EEE household, shall have a permanent and perpetual easement for the use and enjoyment of the Common Areas and each easement shall be appurtenant to and shall pass with a title to every Lot or Dwelling Unit. | Every Owner of a Unit in Marina Villas II, his agent, licensees, invitees, and members of his household, shall have a permanent and perpetual easement for the use and enjoyment of the Limited Common Areas for Marina Villas II, and each easement shall be appurtenant to and shall pass with the title to every Unit in Marina Villas II. | Failure of an Owner, his licensees, invitees, guests or members of his household to comply with a provision of this Master Declaration or a provision in the Bylaws, Articles of Incorporation or Rules and Regulations of the Association shall provide the Association with the right to levy a fine and/or bring legal action at law or in equity, including but not limited to an action for injunctive relief, damages, or a combination thereof against the Owner.", "new_text": "Subject to the provisions of Section 4 of this Article and any additional provisions of this Master Declaration, every Member, his agent, licensees, invitees, and members of his immediate family, shall have a permanent and perpetual easement for the use and enjoyment of the Common Areas and each easement shall be appurtenant to and shall pass with a title to every Lot or Dwelling Unit. | Every Owner of a Unit in Marina Villas II, his agent, licensees, invitees, and members of his immediate family, shall have a permanent and perpetual easement for the use and enjoyment of the Limited Common Areas for Marina Villas II, and each easement shall be appurtenant to and shall pass with the title to every Unit in Marina Villas II. | Failure of an Owner, his licensees, invitees, guests or members of his immediate family to comply with a provision of this Master Declaration or a provision in the APPOA/APPI Bylaws, Articles of Incorporation or policies and procedures of APPOA shall provide APPOA with the right to suspend Membership, levy a fine and/or bring legal action at law or in equity, including but not limited to an action for injunctive relief, damages, or a combination thereof against the Owner.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Unclear", "impact_note": "Opinion: Unclear. A household member who is not family loses the easement; family who live elsewhere gain it", "confidence": "high", "in_v2_7": false, "note": "Changes who shares the easement of enjoyment and whose conduct an owner answers for; also produces \"immediate family pets\" and \"immediate family refuge\" (errors).", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 13", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=13" }, { "label": "Proposed Declaration, page 21", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=21" }, { "label": "Proposed Declaration, pages 41 to 42", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=41" }, { "label": "Proposed Declaration, page 45", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=45" }, { "label": "2013 Declaration, Book 410 Pages 757 to 758", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=11" }, { "label": "2013 Declaration, Book 410 Page 763", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=17" }, { "label": "2013 Declaration, Book 410 Pages 780 to 781", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=34" }, { "label": "2013 Declaration, Book 410 Page 785", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=39" } ] }, { "id": "N03", "topic": "Two Third Amendment provisions reverted: ASC variance power and mandatory disapproval", "category": "use", "category_label": "Using your lot and home", "article": "Eleven", "articles": [ "Eleven" ], "draft_page": "34, 36", "bk410_page": "Bk 443 Pg 114 (amending 2013 Pg 776 to 777)", "pages": [ 34, 36 ], "old_text": "Even when specific setback lines are shown on the plat, the Committee may recommend a variance if it deems appropriate in order to protect some particular environmental or aesthetic consideration. | (e) The Committee shall disapprove any plans, specifications or details submitted to it if, in the opinion of the ASC, (1) same are not in accordance with any of the provisions of this Master Declaration, the written criteria established by the ASC, or the general plan of the Development, or (2) the design or color scheme of the proposed structure(s) is not in harmony with the general surroundings of such Lot or parcel or", "new_text": "Even when specific setback lines are shown on the plat, the ASC shall have the right, in its discretion, to grant a variance if it deems appropriate in order to protect some particular environmental or aesthetic consideration. | (e) The ASC shall have the right to disapprove any plans, specifications or details submitted to it if, in the opinion of the ASC, (1) same are not in accordance with any of the provisions of this Master Declaration, the written criteria established by the ASC, or the general plan of the APPOA Community, or (2) the design or color scheme of the proposed structure(s) is not in harmony with the general", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "Third Amendment, Book 443 Page 114, changed these paragraphs; the draft restores the pre-2015 wording", "impact": "Unclear", "impact_note": "Opinion: Unclear. Shows the redline's base did not fully reflect the recorded amendments", "confidence": "high", "in_v2_7": false, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 34", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=34" }, { "label": "Proposed Declaration, page 36", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=36" }, { "label": "Third Amendment (2015), Book 443 Page 114", "href": "docs/amendment-3-2015-bk443-pg113.pdf#page=2" }, { "label": "2013 Declaration, Book 410 Pages 776 to 777", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=30" } ] }, { "id": "N04", "topic": "Maintenance of unoccupied lots rule deleted", "category": "use", "category_label": "Using your lot and home", "article": "Eleven", "articles": [ "Eleven" ], "draft_page": "38", "bk410_page": "780", "pages": [ 38 ], "old_text": "Section 13. MAINTENANCE OF UNOCCUPIED LOTS: All unoccupied Lots and areas shall be well maintained, and no unattractive growth or accumulation of rubbish or debris shall be permitted. Owners of unimproved Lots shall have the responsibility for cleaning and maintaining their Lots following severe weather or major storms.", "new_text": "(no corresponding text anywhere in the proposed Declaration)", "markup_status": "unmarked", "markup_detail": "unmarked deletion (section absent from the draft and its table of contents)", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Unclear", "impact_note": "Opinion: Unclear", "confidence": "high", "in_v2_7": false, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 38", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=38" }, { "label": "2013 Declaration, Book 410 Page 780", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=34" } ] }, { "id": "N05", "topic": "Rights tied to named developer companies now run to \"the Declarant\"", "category": "voting", "category_label": "Voting and who decides", "article": "Two, Three, Four", "articles": [ "Two", "Three", "Four" ], "draft_page": "8, 11, 12, 18 to 19", "bk410_page": "753, 755, 756, 762", "pages": [ 8, 11, 12, 18, 19 ], "old_text": "13.06 No provision in this Section 13 (including Sections 13.01 13.12 inclusive) nor in Section 25 of Article Ten (SALES AND CONSTRUCTION ACTIVITIES) may be amended, modified or deleted, whether before turnover or after turnover without the written consent of Albemarle Plantation Holdings, LLC (and, additionally, by APH II if said amendment, modification or deletion affects the rights reserved herein to APH II.) 13.07 Declarant, for itself, and any Subsequent Developer, reserves the right at any time, to submit all of the Cole Tract to this Master Declaration at any time and to make such additional property a part of The Albemarle Plantation Community. | \"Affiliate\" means any person controlling or controlled by or under common control with the APH or APH II, including, without limitation: | (i) any person who has a familial relationship, by blood, marriage or otherwise with any directors, members, partners, officer or employee of the company, its parent, or any affiliate thereof; | and (ii) any person who receives compensation for administrative, legal or accounting services from the company or corporation, its parent or any affiliate. | Phase II Developmental Property means the property located on the north side of Holiday Island Road partially adjacent to the Albemarle Plantation Property currently owned by the Albemarle Plantation Holdings II, LLC (\"APH IT\"). \"Recreational Amenities\" shall mean recreational facilities located within the Community operated as ongoing business entities on a fee basis such as, but not limited to, the 18-hole golf course and associated club house, marina and dock, pro shop, maintenance area, driving range with attendant facilities, swimming pool and pool house, the Dockside Restaurant (also previously known as the Hospitality Center and Ship's Store) tennis courts, and Bocce Courts. \"Recreational Amenities\" shall include all recreational facilities of the Community, whether or not same are made subject to this Master Declaration. However, \"Recreational Amenities\" shall not include any recreational facilities provided by a homeowners association of an area of the Community which contains condominiums, townhouses, or other similar types of Residential Dwellings which are not traditional single family detached dwellings. | Future areas may be designated by the APPOA, as successor to Declarant, to be used for traditional Single Family Detached Dwellings, condominiums, townhouses, or other similar types of Residential Dwellings which are not traditional Single Family Detached Dwellings.", "new_text": "14.06 No provision in this Section 14 (including Sections 14.01 - 14.14 inclusive) nor in Section 17 of Article Eleven (SALES AND CONSTRUCTION ACTIVITIES) may be amended, modified or deleted, whether before turnover or after turnover without the written consent of the Declarant. 14.07 The Declarant shall have the absolute right to designate the boundaries of the various land use categories to be located in the Cole Tract, subject to the building restrictions and architectural review provisions set forth in Article Eleven hereof applicable to all portions of Albemarle Plantation. | \"Affiliate\" means any person controlling or controlled by or under common control with the Declarant including without limitation: | (i) any person who has a familial relationship, by blood, marriage or otherwise with any directors, members, partners, officer or employee of the Declarant or any affiliate thereof; | and (ii) any person who receives compensation for administrative, legal or accounting services from the Declarant any affiliate thereof. | \"Phase II Developmental Property\" shall mean the property located on the north side of Holiday Island Road partially adjacent to the Albemarle Plantation Property currently owned by the Declarant, which is not part of the APPOA Community. \"Proxy\" shall mean the legal authorization from an Owner to another to act on the Owner’s behalf regarding a matter on which the Owner is entitled to vote. \"Quorum\" shall mean the minimum number of members of the Board or Members present at a meeting in person or by proxy required before action may be taken on a matter. \"Rules\" shall mean any and all regulations of the APPOA promulgated by the Board of Directors pursuant to its power under this Master Declaration or any other land use document, as the same may be amended from time to time. | Future areas may be designated by the APPOA, to be used for Common Areas, Amenities, traditional Single Family Detached Dwellings, condominiums, and townhomes.", "markup_status": "unmarked", "markup_detail": "unmarked (the new Declarant's name in the preamble is marked)", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Unclear", "impact_note": "Opinion: Unclear. The preamble's new Declarant (Albemarle Preserve, LLC) is marked, but it replaces a struck name (\"Pioneer Land Company DBA Preserve Homes, Inc.\") that is not the recorded Declarant (Albemarle Plantation Holdings, LLC). See also the Bylaws Board seat (Section 9)", "confidence": "medium", "in_v2_7": false, "note": "With Albemarle Preserve, LLC named as Declarant (marked, replacing a struck name that is not the recorded Declarant), the consent right in Sec. 14.06 and the Affiliate test follow it. See also Bylaws Art. 5 (Declarant Board seat; unmarked).", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 8", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=8" }, { "label": "Proposed Declaration, page 11", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=11" }, { "label": "Proposed Declaration, page 12", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=12" }, { "label": "Proposed Declaration, pages 18 to 19", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=18" }, { "label": "2013 Declaration, Book 410 Page 753", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=7" }, { "label": "2013 Declaration, Book 410 Page 755", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=9" }, { "label": "2013 Declaration, Book 410 Page 756", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=10" }, { "label": "2013 Declaration, Book 410 Page 762", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=16" } ] }, { "id": "N07", "topic": "Social dues become \"social dues and/or fees\"; multiple-property definition handed to the Bylaws", "category": "money", "category_label": "Money and assessments", "article": "Six", "articles": [ "Six" ], "draft_page": "23", "bk410_page": "765", "pages": [ 23 ], "old_text": "The Board of Directors of the Association may, in their sole discretion, impose reasonable social dues to the Owner of any property, and such social dues may differ in amounts depending on whether it is an unimproved Lot or has a dwelling on it. | The Board of Directors, in its reasonable discretion, may also modify the assessment of social dues to Owners of multiple properties.", "new_text": "The Board of Directors of the APPOA may, in their sole discretion, impose reasonable social dues and/or fees to the Owner of any Lot or Dwelling with respect to the Amenities, and such social dues may differ in amounts depending on whether it is an unimproved Lot or has a Dwelling on it. | The Board of Directors, in its discretion, may also modify the assessment of social dues to Owners of multiple properties as defined in the APPOA and APPI Bylaws.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": false, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 23", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=23" }, { "label": "2013 Declaration, Book 410 Page 765", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=19" } ] }, { "id": "N08", "topic": "Supplemental declarations become optional (\"will\" to \"may\")", "category": "housekeeping", "category_label": "Definitions and housekeeping", "article": "Three", "articles": [ "Three" ], "draft_page": "12", "bk410_page": "756", "pages": [ 12 ], "old_text": "A Supplemental Declaration will be filed for the various sections prior to conveyance of the first Lot or Dwelling unit in the section.", "new_text": "A supplemental declaration may be filed for the various sections prior to conveyance of the first Lot or Dwelling unit in the section.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": false, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 12", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=12" }, { "label": "2013 Declaration, Book 410 Page 756", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=10" } ] }, { "id": "N09", "topic": "Notice before entry for maintenance may be by email", "category": "rights", "category_label": "Enforcement and owner rights", "article": "Seven", "articles": [ "Seven" ], "draft_page": "30", "bk410_page": "772", "pages": [ 30 ], "old_text": "Except in emergency situations, however, the Association shall give such Owner 15 days' notice prior to its entry on the premises to perform such work.", "new_text": "Except in emergency situations, however, APPOA shall give such Owner 15 days' written notice which may include electronic mail prior to its entry on the premises to perform such work.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": false, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 30", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=30" }, { "label": "2013 Declaration, Book 410 Page 772", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=26" } ] }, { "id": "N10", "topic": "Aesthetic committee replaced by the ASC for exterior maintenance enforcement", "category": "use", "category_label": "Using your lot and home", "article": "Eleven", "articles": [ "Eleven" ], "draft_page": "39", "bk410_page": "781", "pages": [ 39 ], "old_text": "Should the Association deem affirmative enforcement of this provision necessary, it shall appoint an aesthetic committee. | Upon recommendation of the aesthetic committee and concurrence by the Board of Directors of the Association, the Association shall notify the offending Owner of the aesthetic deficiency, and the action necessary to correct the deficiency, whereupon the Owner shall correct the deficiency within 15 days.", "new_text": "Should APPOA deem affirmative enforcement of this provision necessary, it shall refer the situation to the ASC. | Upon recommendation of the ASC and concurrence by the Board of Directors of APPOA, APPOA shall notify the offending Owner of the aesthetic deficiency, and the action necessary to correct the deficiency, whereupon the Owner shall correct the deficiency within 15 days.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": false, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 39", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=39" }, { "label": "2013 Declaration, Book 410 Page 781", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=35" } ] }, { "id": "N11", "topic": "Impervious-surface standard loses its source (\"contained in the Ninth Amendment\")", "category": "use", "category_label": "Using your lot and home", "article": "Eleven", "articles": [ "Eleven" ], "draft_page": "38", "bk410_page": "779", "pages": [ 38 ], "old_text": "(f) No single Lot developed for traditional single-family detached dwellings shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials that exceed the specified impervious surface area standards contained in the Ninth Amendment of this Master Declaration.", "new_text": "This covenant is intended to ensure continued compliance with storm water runoff rules adopted by the State of North Carolina and therefore benefits may be enforced by the State of North Carolina.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": false, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 38", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=38" }, { "label": "2013 Declaration, Book 410 Page 779", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=33" } ] }, { "id": "N12", "topic": "ASC size in the definitions: maximum five becomes seven", "category": "housekeeping", "category_label": "Definitions and housekeeping", "article": "Two", "articles": [ "Two" ], "draft_page": "9", "bk410_page": "753", "pages": [ 9 ], "old_text": "The Committee shall consist of not less than three (3) nor more than five (5) \"Members\" as hereinafter defined \"Articles\" means the Articles of Incorporation of Albemarle Plantation Property Owners Association, Inc.", "new_text": "The ASC shall consist of not less than three (3) nor more than seven (7) Members, as hereinafter defined.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "Fourth Amendment (Bk 443 Pg 421) changed Art. Ten Sec. 2 to five to seven but not the definition", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": false, "note": "The definition/Article conflict v2.7 reports existed in the recorded text too (three to five vs five to seven).", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 9", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=9" }, { "label": "2013 Declaration, Book 410 Page 753", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=7" } ] }, { "id": "N13", "topic": "Amenities added to easement areas and to the Association's right to set charges", "category": "borrowing", "category_label": "Borrowing, amenities and common property", "article": "Four", "articles": [ "Four" ], "draft_page": "14 to 15", "bk410_page": "758 to 759", "pages": [ 14, 15 ], "old_text": "(c) The right of the Association as provided in its Articles and Bylaws to suspend the enjoyment rights of any Member for any period during which any assessment remains unpaid, or for a period that may be determined by the Board of Directors for any violation of this Master Declaration, the Association's Articles, Bylaws or published rules and regulations; | Association and Declarant further reserves an easement over the Common Areas as needed for the installation, maintenance and operation of the central water and sewage disposal systems which will serve the Development. | There is also hereby reserved for the benefit of the Association, Albemarle Utility Company, any other public utility or governmental unit providing central sewer services in the development, and their respective agents, successors and assigns, an easement upon, over, under and across any portion of all of the Common Areas and any portion of all of the Lots in the Community, for the purpose of installing, replacing, servicing, maintaining testing, inspecting, and repairing all components of the central sewer system, including but not limited to sewer lines, up to each individual property cut off valve.", "new_text": "(a) The right of the APPOA to set specific charges for the use and maintenance of the Common Areas and Amenities (b) The right of the APPOA as provided in its Articles and Bylaws to suspend the enjoyment rights of any Member for any period during which any assessment or dues remain unpaid, or for a period that may be determined by the Board of Directors for any violation of this Master Declaration, APPOA’s Articles, Bylaws or published policies and procedures; | A non- exclusive easement is hereby granted to the appropriate governmental authorities and to the appropriate private organizations supplying health, sanitation, police services and any emergency services such as fire, ambulance and rescue services, for purpose of ingress and egress over the Common Areas and Amenities. APPOA and Declarant further reserves an easement over the Common Areas as needed for the installation, maintenance and operation of the central water and sewage disposal systems which will serve the APPOA Community. | There is also hereby reserved for the benefit of the APPOA Community, Albemarle Utility Company, any other public utility or governmental unit providing central sewer services in the APPOA Community and their respective agents, successors and assigns, an easement upon, over, under and across any portion of all of the Common Areas and Amenities and any portion of all of the Lots in the APPOA Community, for the purpose of installing, replacing, servicing, maintaining testing, inspecting, and repairing all components of the central sewer system, including but not limited to sewer lines, up to each individual property cut off valve.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": false, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, pages 14 to 15", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=14" }, { "label": "2013 Declaration, Book 410 Pages 758 to 759", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=12" } ] }, { "id": "N14", "topic": "Special assessment allocation narrowed to \"the Owners of Lots and Dwelling\"", "category": "money", "category_label": "Money and assessments", "article": "Six", "articles": [ "Six" ], "draft_page": "26", "bk410_page": "767", "pages": [ 26 ], "old_text": "The Association may, in the reasonable discretion of the Board, apportion the Special Assessment differently between various categories of members and Owners so as to more fairly allocate the cost of such assessment to each member or Owner category based on an analysis of the relative benefits and burdens and the purpose of the special assessment.", "new_text": "In the discretion of the Board, APPOA may apportion the Special Assessment differently between the Owners of Lots and Dwelling when (1) the Common Expense is associated with the maintenance, repair, or replacement of a Limited Common Element to which only certain Lots or Dwellings are allocated use, (2) the purpose of the Special Assessment will benefit fewer than all Lots or Dwellings within the APPOA Community, and (3) assessments for insurance and utilities may be assessed in", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "medium", "in_v2_7": false, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 26", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=26" }, { "label": "2013 Declaration, Book 410 Page 767", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=21" } ] }, { "id": "N15", "topic": "Amenity purchase power limited to \"future Amenities\"", "category": "borrowing", "category_label": "Borrowing, amenities and common property", "article": "Six", "articles": [ "Six" ], "draft_page": "26", "bk410_page": "768", "pages": [ 26 ], "old_text": "Either before or after Turnover, the Board of Directors of the Association may authorize the Association to purchase all or any part of the Recreational Amenities or Utilities at prices which are not in excess of the fair market value of such facilities, including the right of the Board of Directors to purchase all or any part of the Recreational Amenities or Utilities at a foreclosure or public sale pursuant to any security instrument or deed of trust.", "new_text": "The APPOA Board of Directors may authorize APPOA to purchase all or part of future Amenities or Utilities at prices which are not in excess of the fair market value of such facilities, including the right of the Board of Directors to purchase all or part of the future Amenities or Utilities at a foreclosure or public sale pursuant to any security instrument or deed of trust.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "medium", "in_v2_7": false, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 26", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=26" }, { "label": "2013 Declaration, Book 410 Page 768", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=22" } ] }, { "id": "N16", "topic": "Well ban limited to \"potable\" water wells", "category": "use", "category_label": "Using your lot and home", "article": "Eleven", "articles": [ "Eleven" ], "draft_page": "40", "bk410_page": "782", "pages": [ 40 ], "old_text": "No private water wells may be drilled or maintained on any lot or supply water to any dwelling.", "new_text": "No private potable water wells may be drilled or maintained on any lot or supply water to any dwelling.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "high", "in_v2_7": false, "note": "2013 already permitted irrigation wells.", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 40", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=40" }, { "label": "2013 Declaration, Book 410 Page 782", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=36" } ] }, { "id": "N17", "topic": "Future land-use designations add \"Common Areas, Amenities\"", "category": "borrowing", "category_label": "Borrowing, amenities and common property", "article": "Three", "articles": [ "Three" ], "draft_page": "12", "bk410_page": "756", "pages": [ 12 ], "old_text": "Future areas may be designated by the APPOA, as successor to Declarant, to be used for traditional Single Family Detached Dwellings, condominiums, townhouses, or other similar types of Residential Dwellings which are not traditional Single Family Detached Dwellings.", "new_text": "Future areas may be designated by the APPOA, to be used for Common Areas, Amenities, traditional Single Family Detached Dwellings, condominiums, and townhomes.", "markup_status": "unmarked", "markup_detail": "unmarked", "amendment_check": "No recorded amendment touches this text (checked Bk 419 Pg 808, Bk 422 Pg 236, Bk 443 Pg 113, Bk 443 Pg 420)", "impact": "Neutral", "impact_note": "Opinion: Neutral for owners.", "confidence": "medium", "in_v2_7": false, "note": "", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 12", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=12" }, { "label": "2013 Declaration, Book 410 Page 756", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=10" } ] }, { "id": "M01", "topic": "Owners' right to amend by majority vote struck", "category": "voting", "category_label": "Voting and who decides", "article": "Thirteen", "articles": [ "Thirteen" ], "draft_page": "44 to 45", "bk410_page": "784 to 785", "pages": [ 44, 45 ], "old_text": "After December 31, 2022, the Members may, by vote of a majority of the Members existing at the time, agree to amend the Master Declaration, or, by a vote of eighty percent (80%) of the Members, agree to terminate the Master Declaration.", "new_text": "This Master Declaration shall affect and run with the land and shall exist and be binding upon all parties and all persons claiming under them for a period of twenty (20) years until December 31, 2046, and shall automatically renew for successive five (5) year terms thereafter and continue in full force and effect, unless and until eighty percent (80%) of all Members entitled to vote agree to terminate the Master Declaration.", "markup_status": "marked", "markup_detail": "marked (shown in the redline)", "amendment_check": "", "impact": "Worse", "impact_note": "Opinion: Worse. Questions for counsel: how this interacts with N.C.G.S. 47F-2-117, and why the Board's letter uses 67% when the recorded text says a majority", "confidence": "", "in_v2_7": false, "note": "", "diff": false, "evidence": [ { "label": "Proposed Declaration, pages 44 to 45", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=44" }, { "label": "2013 Declaration, Book 410 Pages 784 to 785", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=38" } ], "recorded_cell": "\"After December 31, 2022, the Members may, by vote of a majority of the Members existing at the time, agree to amend the Master Declaration, or, by a vote of eighty percent (80%) of the Members, agree to terminate the Master Declaration.\"", "draft_cell": "Struck. Inserted: a term \"for a period of twenty (20) years until December 31, 2046\", automatic five-year renewals, and termination only if \"eighty percent (80%) of all Members entitled to vote agree\". The Board's power to amend alone (Sec. 5) is kept", "redline_markup": "Section 4. DURATION: This Master Declaration shall affect and run with the land and shall exist and be binding upon all parties and all persons claiming under them {+for a period of twenty (20) years +}until December 31, 20[-2-]{+46+}[-2-], [-recommend 10 years -]and shall {+automatically renew for successive five (5) year+} {+terms thereafter and +}continue in full force and effect{+, unless and until eighty percent+} {+(80%) of all Members entitled to vote agree to terminate the Master Declaration+} [-thereafter-].[- After December 31, 2022, the Members may, by vote of a majority of-] [-the Members existing at the time, agree to-] [-amend the Master Declaration, or, by a-] [-vote of eighty percent (80%) of the Members, agree to terminate the Master-] [-Declaration.-]" }, { "id": "M02", "topic": "75% rule extended from the golf course to all Amenities", "category": "borrowing", "category_label": "Borrowing, amenities and common property", "article": "Six", "articles": [ "Six" ], "draft_page": "27", "bk410_page": "768", "pages": [ 27 ], "old_text": "Any sale of the golf course shall require approval by seventy five percent (75%) of the Members of the Association eligible to vote.", "new_text": "Any sale or transfer of ownership of the Amenities shall require approval by seventy five percent (75%) of the Members of the APPOA eligible to vote.", "markup_status": "marked", "markup_detail": "marked (shown in the redline)", "amendment_check": "", "impact": "Unclear", "impact_note": "Opinion: not labeled in this review's comparison; shown as Unclear until the report labels it.", "confidence": "", "in_v2_7": false, "note": "v2.7 calls the 75% sentence \"newly inserted\"; it is the 2013 golf-course rule, edited with markup. The conflict v2.7 describes is real. The APPI conveyance sentence v2.7 lists is unchanged 2013 text, not a change", "diff": true, "evidence": [ { "label": "Proposed Declaration, page 27", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=27" }, { "label": "2013 Declaration, Book 410 Page 768", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=22" } ], "recorded_cell": "\"Any sale of the golf course shall require approval by seventy five percent (75%) of the Members of the Association eligible to vote.\"", "draft_cell": "\"Any sale or transfer of ownership of the Amenities shall require approval by seventy five percent (75%)...\" (marked edit), while the prior sentence still says \"except for the sale of the Golf Course, such sale or transfer shall require a majority vote\"", "redline_markup": "Notwithstanding anything in the Master Declaration to the contrary[- -], any approval of the Purchase ([- -]as defined hereinafter) of [-F-]{+f+}uture Amenities or Utilities referenced in the previous sentence, a majority vote of the Members eligible to vote {+present in person or by+} {+proxy at a duly called meeting of APPOA +}shall be required to authorize the purchase and any loan reasonably required by the APPOA ([- -]as determined in the reasonable judgement of the Board of Directors of APPOA) in order to finance the purchase thereof. As used in this Section 6, the term \"Purchase\" shall mean either (i) the execution of a binding purchase contract for future Amenities or Utilities by the APPOA [- -]which complies with the provisions of this Section as to price and terms, or (ii) a binding bid at a public auction of the future Amenities[- -] or Utilities pursuant to a power of sale under a deed of trust or other security instrument. At any time, APPOA [- -]may sell, transfer or convey all or any part of the Amenities, and, except for the sale of the Golf Course, such sale or transfer shall require a majority vote of the Members eligible to vote to authorize same. Any sale {+or transfer of ownership +}of the [-Golf Course-]{+Amenities+} shall require approval by seventy five percent (75%) of the Members of the APPOA eligible to vote. Notwithstanding anything hereinbefore to the contrary, APPOA{+ +}[- -]may convey the Amenities or Utilities to Albemarle Plantation Properties, Inc. (\"APPI\") a wholly owned subsidiary of APPOA for purposes of title ownership and operation of the Amenities or Utility, but any sale or transfer by APPI to any third party shall be subject to approval by the Board of Directors of APPOA and a positive vote of the majority of the Members of the APPOA eligible to vote as set forth in the preceding sentence" }, { "id": "M03", "topic": "Existing text shown as new", "category": "housekeeping", "category_label": "Definitions and housekeeping", "article": "Two, Six", "articles": [ "Two", "Six" ], "draft_page": "24, 28, 11", "bk410_page": "770, 771, 755, Bk 419 Pg 809", "pages": [ 24, 28, 11 ], "old_text": "The 18% interest cap (2013 Art. Five Sec. 7, Pg 770); the $1,200 uncontested fee cap (Pg 771); the mortgagee sentence in the Owner definition; the First Amendment's assessment parenthetical", "new_text": "Struck in one place and underlined in another, or underlined as if new", "markup_status": "marked", "markup_detail": "marked (shown in the redline)", "amendment_check": "", "impact": "Unclear", "impact_note": "Opinion: not labeled in this review's comparison; shown as Unclear until the report labels it.", "confidence": "", "in_v2_7": false, "note": "A reader of the redline would take these for additions. v2.7's \"Brought into the proposed Declaration ... Interest up to 18%\" and its \"the proposal writes it in\" should say the 18% cap and 47F-3-108(a) notice were already in the recorded Declaration", "diff": false, "evidence": [ { "label": "Proposed Declaration, page 24", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=24" }, { "label": "Proposed Declaration, page 28", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=28" }, { "label": "Proposed Declaration, page 11", "href": "docs/proposed-declaration-2026-board-redline.pdf#page=11" }, { "label": "First Amendment (2013), Book 419 Page 809", "href": "docs/amendment-1-2013-bk419-pg808.pdf#page=2" }, { "label": "2013 Declaration, Book 410 Page 770", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=24" }, { "label": "2013 Declaration, Book 410 Page 771", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=25" }, { "label": "2013 Declaration, Book 410 Page 755", "href": "docs/declaration-2013-recorded-bk410-pg747.pdf#page=9" } ], "recorded_cell": "The 18% interest cap (2013 Art. Five Sec. 7, Pg 770); the $1,200 uncontested fee cap (Pg 771); the mortgagee sentence in the Owner definition; the First Amendment's assessment parenthetical", "draft_cell": "Struck in one place and underlined in another, or underlined as if new" } ]