General Use Guidelines and Restrictions
A. The Properties
The properties must be used only for residential, recreational, and related purposes (which may include, without limitation, offices for any Community Manager retained by the Association). No commercial use is permitted on any Unit except in accordance with the MG Covenants.
B. Animals and Pets
1. Animals, livestock or poultry of any kind cannot be raised, bred, kept or maintained on any Unit or any dwelling except a limited number of household pets (as set by the Board of Directors). Domestic household pets cannot be raised, bred, or kept for any commercial purpose.
2. Pets must be leashed at all times when off the Owner's Unit and droppings must be immediately removed. Pets are not allowed on the Golf Course. Pet owners may be subject to fines assessed by the Association and/or the Golf Course operation for any violation and damage.
C. Buried Material
Material must not be buried on any Unit including but not limited to any easement area, common area, or area where any structure may be constructed. If any material is known to be buried, all subsequent purchasers must be advised of the location and type of material(s) deposited. No hazardous, illegal, or governmentally regulated material(s) may be deposited on any Unit.
D. Common Areas
1. Alteration or construction in or upon any portion of the common area is not permitted except at the direction of and with the express written consent of the Board of Directors.
2. The common areas must be used only for the purposes for which they were intended and reasonably suited.
1. Flying of flags is allowed subject to the MG Covenants and these guidelines and does not require prior approval.
2. Mounting a flag bracket on a Unit does not require prior approval. Only one (1) flag bracket is allowed on each Unit.
3. Flags must be no greater than four (4) feet by six (6) feet.
4. Flags must be displayed only from a staff projecting horizontally or at an angle from the vertical surface of the Unit. Free-standing flagpoles are prohibited on residential properties.
5. Flags should be displayed per U.S. Flag Etiquette guidelines.
6. Except on specific occasions provided for in U.S. law and the MG Covenants, no more than one (1) American flag or one (1) State of North Carolina flag may be displayed on a Unit.
7. No other flags, except the flag of the United States of America or the flag of the State of North Carolina may be displayed on any Unit without written ASRC Committee approval. Upon written approval, one (1) college/university flag or one (1) seasonal flag may be displayed on a Unit, in place of the United States or North Carolina flag.
Hunting and the discharge of firearms are prohibited. The Association, through its Board of Directors, reserves the right to control or remove animals.
G. Junk Vehicles
Stripped, partially wrecked, junk motor vehicle, or part thereof, or any motor vehicle not displaying a current valid registration are prohibited on any Unit.
H. Offensive and Illegal Activities
1. Immoral, improper, illegal, noxious or offensive activity is not allowed on any Unit, nor will any actions be tolerated that cause embarrassment, discomfort, annoyance or nuisance to the Association or any owners. Plants or animals, odors, fumes or devices, or anything whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant, or of a nature to diminish or destroy the enjoyment of property by other Owners in the neighborhood will not be permitted.
2. All laws, orders, rules, regulations, ordinances or requirements of any government agency having jurisdiction thereof, relating to any parties of the property, will be complied with, by or at the sole expense of the Owner or of the Association, whichever will have the obligation to maintain or repair such portion of the property.
I. Outdoor Clothes Drying Structure
Drying clothes outdoors as well as outdoor poles, clotheslines or similar equipment are not permitted on any Unit.
J. Outside Burning
Outside burning of wood, leaves, trash, garbage or household refuse, or burning as a means of clearing brush is not permitted. The Board of Directors may allow burning under appropriate circumstances and in compliance with all applicable governmental regulations.
Use of Fire Pits
This Guideline further defines and clarifies the use of outdoor Fire Pits on residential units in Magnolia Greens. Articles 12.4 and 12.5(i) of the MG Protective Covenants apply. Fire Pits, as defined here, are either pre-fabricated or purpose-built devices or structures designed to house a controlled flame for aesthetic appeal and personal enjoyment. Such outdoor burning devices are allowed under Town of Leland ordinances and, when used in Magnolia Greens, are subject to the following conditions:
A Fire Pit shall be a structure or device designed specifically for personal use as an aesthetic feature. A hole dug in the ground or any otherwise un-contained open fire on a unit is prohibited.
Fire Pits are permitted in rear yards only but a fenced rear yard is not a requirement.
Installing a pre-fabricated or non-permanent Fire Pit does not require ASRC approval. However, purpose-built permanent Fire Pits may be subject to a unit’s impervious surface limits and do require a Change Request and prior approval from the ASRC.
For safety reasons, Fire Pits should be attended at all times while in use. They should be located away from the house and any other flammable material, to include overhanging trees.
An open flame from a Fire Pit may not be more than two (2) feet in height and embers from a fire should be controlled so as not to escape more than five (5) feet into the air.
A Fire Pit shall only burn wood, natural gas or propane gas as a fuel. However, a minimal amount of paper may be used to initially start wood fires.
Household trash, plastics, paper, yard debris, tree branches or other debris may not be used in a Fire Pit or otherwise burned in MG. Artificial scents should not be used in a Fire Pit.
Fire Pits should not be used when wind conditions will carry low-level smoke across adjacent properties, thereby creating an unreasonable source of annoyance.
Questions regarding this Guideline or its applicability should be directed to the Master Association through the Magnolia Greens property manager (CEPCO) at 910 313-2332.
1. Magnolia Greens supports the Leland Town ordinance that prohibits parking of any vehicles on a public street at any time without a town permit. When obtaining a town permit for short-term street parking, residents should notify neighbors of the event and instruct visitors to park on the same side of the street as the home and not block mailboxes or fire hydrants.
2. Automobiles, motorcycles or trucks not exceeding one (1) ton load capacity are allowed to park in the driveway and garage area of a resident's private property at any time, including overnight,
3. Automobiles, motorcycles or trucks not exceeding one (1) ton load capacity that are owned, leased and/or assigned by a company to a resident may display a company logo not exceeding two by four (2x4) feet or a total of eight (8) square feet on any one side and may be parked any time in the resident's driveway.
4. Short-term parking of moving vans, step vans, other commercial vehicles, motor homes, campers, recreational vehicles, other habitable vehicles, boats, trailers or trucks exceeding one (1) ton load capacity is allowed on Magnolia Greens private property during daylight hours without prior approval but will be limited to driveway and garage areas.
5. Short-term overnight parking of moving vans, step vans, motor homes, campers, recreational vehicles, other habitable vehicles, boats, trailers or trucks exceeding one (1) ton load capacity requires prior written approval from the Community Manager. All such approvals will be for one single overnight stay per Unit within a 30-day period. Parking is limited to the driveway and garage areas, and overnight habitation in such vehicles is not allowed.
6. Long-term parking of moving vans, step vans, other commercial vehicles, motor homes, campers, recreational vehicles, other habitable vehicles, boats, trailers or trucks exceeding on (1) ton load capacity requires that such vehicles be enclosed in a permanent garage so as not to be visible to Owners of other properties or from the street or common/recreation areas.
7. All tools or other commercial materials stored in vehicles that are parked overnight in driveways must be kept out of sight.
8. Vehicles or equipment of any type on a Unit which are unsightly in appearance, as determined by the Board of Directors, will not be permitted and their owners will be notified of a potential violation.
9. Temporary parking for guests if there is not enough garage and driveway spaces available for parking on the resident's Unit is available at the Recreation Center for a period not to exceed seven (7) days under the following conditions:
a. Consecutive terms will be allowed only if ample space is available upon the final day of the preceding term.
b. Residents are responsible for cleaning up oil drippings or any other staining fluid resulting from the guest vehicles.
c. Temporary parking permits can be obtained from the Recreation Center Office at no charge. A specific space at the side of the Recreation Center and a term will be assigned and the green hang tag designating the permit must hang from the rear view mirror and be facing the front of the vehicle.
10. Temporary parking will not be allowed for the following situations:
a. Parking of an additional resident's vehicle,
b. Parking of any boat, mobile home, trailer, camper, motor home, inoperable vehicle or truck exceeding one (1) ton capacity.
c. Parking of any resident or guest vehicle for repair, construction or reconstruction except for the changing of a tire.
L. Pond Bank Maintenance
Maintenance of pond banks on or adjacent to private properties in Magnolia Greens is the Owners' responsibility unless the bank is owned by the golf course. The Board of Directors approved the following pond bank maintenance guidelines based on findings and recommendations of state and federal studies on storm water pond health and maintenance. The three distinct zones for maintenance purposes are as follows:
1. "Natural Edge Zone” includes from the water's edge to approximately two to three (2-3) feet above normal water level. Natural native vegetation will be encouraged to grow to aid as a run-off buffer and help stabilize the bank. Lawn mowing equipment will be kept out of this area to avoid bank damage and no fertilizer should be applied in this zone. Vegetation should be manually maintained to a height not exceeding twelve (12) inches.
2. "Maintenance Access Zone" includes the relatively flat inclined bank from the top of the "Natural Edge Zone" to just below the bank top crest or berm curvature, but no less than eight (8) feet wide. An easement exists in this zone for commercial equipment access to dredge or otherwise service the ponds. Grasses or other low, soft landscaping will be established in this zone to provide a run-off buffer and stabilize the bank. Natural or landscaped vertical vegetation (trees, shrubs, woody plants, etc) or other potential obstructions to pond maintenance equipment will not be permitted in this zone. The Association will not be liable for damage to landscaped plants or hardscaping caused by pond maintenance equipment operating in this zone. Vegetation in this zone should be irrigated and fertilized to promote the ground cover and will be maintained to a height not exceeding six (6) inches.
3. "Property Owner Landscape Zone" includes the bank top crest or curvature berm from the top edge of the "Maintenance Access Zone" onto the relatively level property lot grade. Grass, mulch, natural or landscaped smaller plants and hardscaping will be permitted, subject to ASRC Committee approval, provided they do not result in bank erosion or run-off problems. Trees will be permitted away (toward the street) from the bank crest. The Owner will be responsible for providing adequate irrigation and fertilization to sustain the vegetative cover in both this zone and the "Maintenance Access Zone." All vegetation in this zone will be maintained to present an aesthetic appearance.
M. Property Damage
Owners are responsible for any damage done to any streets, roadways, access ways, curbing, street gutters, sidewalks, common areas or property of other owners within the Properties which may be caused by any Owner, his agents, lessees, employees, guests, licensees or invitees. The Association has the authority to assess any Owner for such damage and such charge will be an Individual Assessment against the Owner and his Unit(s) and may be enforced in accordance with the provisions of Article 10 of the Protective Covenants.
N. Repair or Removal of Buildings
Any dwelling or improvement on any Unit that is destroyed in whole or in part by fire or other casualty must be either rebuilt or torn down and all debris removed and the Unit restored to a sightly condition with reasonable promptness. Debris must not remain on a Unit longer than three (3) months. If a replacement Unit is to be constructed, the replacement Unit must be approved by the Architectural Standards and Review Committee in accordance with the MG Covenants.
O. Restricted Activities
The following activities are prohibited within the Properties unless authorized by the Board of Directors subject to any conditions imposed by the Board.
This list is not all-inclusive and owners should also review the more extensive Guidelines, Rules and Regulations section of the MG website.
1. Activities which materially disturb or destroy the vegetation, wildlife, water or air quality within the Properties or which use excessive amounts of water or which result in unreasonable levels of sound or light pollution.
2. Any business or trade is prohibited unless the Owner or occupant conducts business activities within the Unit according to the following guidelines:
a. the existence or operation of the activity is not apparent or detectable by sight, sound, or smell from outside the Unit,
b. the activity does not involve regular visitation of the Unit by clients, employees, agents, customers, suppliers, or other business invitees, delivery services or door-to-door solicitation of residents,
c. the activity is consistent with the residential character of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Properties, as may be determined in the sole discretion of the Board of Directors.
3. Rental of any Unit for a period of less than ninety (90) days, except those designated for short-term rentals of less than ninety (90) days (e.g., Fairway Villas).
4. Anything or any activity carried on in any building, structure or home or on the common area which will increase the rate of insurance applicable to residential use, for the property or the contents within. No Owner can do or keep anything, nor cause or allow anything to be done or kept, in his home or on the common area, which will result in the cancellation of insurance on any portion of the property, or the contents within, or which will be in violation of any law, ordinance, or regulation.
5. Deposit of any waste materials
(e.g. lawn clippings, leaves or other organic or inorganic debris) on any portion of the common or public areas within Magnolia Greens, or on any vacant lot. Note: The Town of Leland Ordinances, Chapter 32-96, also apply:
(a) Illicit Discharges: The discharge, emission, disposal, pouring, or pumping directly or indirectly any liquid, solid, gas, or other substance, other than stormwater to any stormwater conveyance, the waters of the state, or upon the land in a manner or amount that the substance is likely to reach a stormwater conveyance or the waters of the state is prohibited. Prohibited substances include: oil, anti-freeze, chemicals, animal waste, paints, garbage, debris, or litter.
6. Soliciting within the community by resident business owners or their representatives. The resident prohibition applies to both door-to-door soliciting and the distribution of flyers in newspaper boxes. Soliciting by non-residents is also restricted on all properties located within Magnolia Greens in accordance with the Town of Leland's codes and ordinances
All signs must be approved prior to installation and size limits may be imposed. No advertising signs or billboards or other advertising structure(s) of any kind can be erected on a resident's property without prior written approval. This regulation does not apply to the following situations:
1. A standard sign has been approved for use when a home is on the market (available from Ruth Arnold Graphics and Signs at 102 Portwatch Way, Wilmington or Port City Signs at 1709 Castle Street, Wilmington). The approved sign measures 4" by 12", has a green background, gold pinstripes and white lettering. The sign must read "Home for Sale" and can have a telephone number of the Owner's choice on the second line. Two eye hooks must be used to attach the sign to the bottom of the newspaper box on the mailbox. A “Take One” tube can be installed under the "Home for Sale" sign under the newspaper box and must not exceed 3" in diameter and 12" in length.
2. Signs used to identify and advertise the properties as a whole, or construction identification signs approved by the ASRC Committee showing Unit numbers and the name of the builder, or signs to identify the Owner of a Unit are permitted. The Committee retains the right to modify this restriction including the right to disallow signs altogether or to require that all signs must be of similar size and color. The Committee has the right to enter upon the Unit and remove any sign that required approval but was not approved.
3. If requested one (1) week prior to the event, an Owner may receive permission to place one (1) “Open House" sign on their property. The sign may be placed by a Realtor or the Owner and must indicate only "Open House". Handmade/handwritten signs and signs that read "House for Sale,""Home for Sale","For Sale by Owner," or similar instructions are prohibited.
4. Owners/residents may post one sign on their property for the sole purpose of alerting anyone approaching/entering the property that said property is protected by a security system. The size of the sign cannot exceed 144 square inches (12x12) in area and must be posted on a small metal or wooden stake in a landscape bed near the front entrance of the residence.
5. Informational signs for Association-sponsored events may be placed within the neighborhood up to one week prior to the event and removed by the day after the event.
Q. Street Trees
Street trees are the Live Oaks planted by the developer in the plaza areas between the sidewalks and street pavement. The plaza areas and the street trees belong to the Town of Leland as part of their roadway right-of-way and may not be encroached upon to make any changes without the prior approval of both the Town and the Architectural Standards and Review Committee (ASRC). However, property owners are responsible for maintaining the plazas and those street trees adjacent to their property to the same standards as their private property (see Architectural Design Guidelines for details). The existing plaza Live Oaks should be preserved unless otherwise advised by the Association or the Town and must be trimmed to allow a clear zone of seven (7) feet above sidewalks.
Dead or fallen trees in the plaza area should be reported to the property management company and will normally be removed by the Town and the area then filled and sodded at the expense of the Association. Owners may not replant a fallen Live Oak or plant any new tree in the plaza area without the express prior approval of the Town and the ASRC.
R. Storage of Personal Property
All lawn mowers, bicycles, toys, grills and other similar objects must be stored when not in use so as not to be visible by the Owners of other Units or the users of any street, recreation area or common area.
S. Storage Receptacles
1. Every fuel storage tank must be EPA approved and hidden from view by solid structural screening that has been approved prior to installation. Outdoor receptacles for ashes, trash, rubbish or garbage must be screened or hidden from view by shrubbery so as not to be visible from any street or recreation area, or golf course property.
2. Garbage Cans / Recycling Bins
Trash or recyclable receptacles/bins must not be placed at the curb before 5:00 p.m. the day before the scheduled trash and recyclables pick-up and must be removed from the curb and stored out of sight (so as not to be visible from adjacent properties, recreation/common areas, or the street) by 12:00 midnight on the scheduled day of trash and recyclables pick-up.
3. Fuel/Propane Tanks
Fuel tanks or similar storage receptacles must not be visible and may only be located within the main dwelling house, within an accessory building, within a screened area, or buried underground (strongly encouraged). Above ground tanks must be screened with shrubbery or solid screening from the golf course and adjacent properties; however, all above ground tanks installed after May 26, 2005 must have ASRC Committee approved solid structural screening.
4. Rain Barrels
Rain barrels and/or other material used to catch and distribute water to plantings are allowed subject to specific site approval. All rain barrels must have ASRC Committee approved solid structural screening.
T. Well Installation
The Owners of single-family residential Units may install one single well per Unit for the purpose of irrigating the land comprising the Unit. All wells and pumps must be located so as not to be visible from any street or recreational area or common area, screened from view and kept free from discoloration, including rust. All structures within the Unit must also be kept free from discoloration, including rust.
U. Yard, Personal and Business Sales
Sales of Personal and/or Business Items: Every homeowner may conduct sales of personal and/or business items within the confines of their dwelling, as long as they comply with Article 12, Sections 12.4 and 12.5. Residents may advertise these items for sale in local newspapers or other local publications, on the internet (Craigslist, etc.), through social media sites (MG Neighbors Yahoo e-mail group) or word of mouth. The Unit owner may supply such information as: a description of item(s) for sale, price(s), sale hours, address and contact information. All items must remain within the dwelling (including a closed garage) and not be displayed upon any outside portion of the Unit. An exception to this policy is for the sale of personal vehicles (see below) and/or if the Board of Directors approves a waiver to Article 12, Section 12.5, Sub-Section (v), Yard Sales, allowing a one-day, community-wide sale on Units, subject to specific conditions. Ample notification of such a waiver shall be made to residents.
Give-Away of Items: Items advertised as “Free to anyone who wants them” or by other similar verbiage, as interpreted by the Master Association, shall not be placed on the Unit in such a manner as to be visible by owners of other Units or users of the street, MG Amenities or Golf Course.
Sales of Personal Vehicles: Personal vehicles may be advertised for sale and displayed on a Unit in MG subject to conditions set forth in the Protective Covenants and the below Restrictions. The conditions are listed in Article 12.5, Use Guidelines and Restrictions, sub-sections (g) and (j) with the pertinent language as follows:
(g) Parking – “… All motor vehicles, not otherwise prohibited, owned, leased or operated by an owner or tenant shall be parked either in the garage of the Unit or the driveway of the Unit. Parking on the lawn is prohibited … The Association may further prohibit and regulate the type, conditions and parking of motor vehicles, motor vehicles of guests, commercial motor vehicles, or any other types of vehicles or apparatus by Rules and Regulations…”
(j) Signs – “The Committee shall approve all signs prior to installation and may impose size limits (see exception below). No advertising signs or billboards or other advertising structure(s) of any kind shall be erected on any Unit or displayed to the public on any Unit subject to these restrictions without prior written approval by the Committee. Committee retains the right to modify this restriction including the right to disallow signs altogether or to require that all signs must be of similar size and color. Committee has the right to enter upon the Unit and remove any unapproved sign.”
Restrictions – Advertising the sale of personal vehicles in MG is subject to the following restrictions:
No junked vehicles may be visible on a Unit, regardless if being offered for sale.
A For Sale sign not larger than 9 x 12 inches may be displayed on the vehicle.
All vehicles must be parked in the driveway or in the garage; they may not be parked on the lawn or in the street.
No vehicle may be parked on a vacant lot within Magnolia Greens.
No vehicle advertised For Sale may be parked for an extended period on Master Association common area or a parking lot.
No vehicle may be parked on any public street owned by the Town of Leland.
V. Holiday Decorations
Outdoor holiday decorations and lighting, other than during the Christmas/Hanukah season (see below), may be displayed beginning the first day of the month of the holiday, and for up to one (1) week following the holiday (e.g. Independence Day, Memorial Day, Easter, etc.).
Christmas/Hanukah outdoor decorations may be displayed beginning the week of Thanksgiving and must be removed by January 15. Seasonal decorations during this year-end period are not limited to Christmas and Hanukah themes.
Decorative multi-colored outdoor lighting is allowed.
All outdoor holiday lighting must be turned off between the hours of 1 am and 8 am.
Inflatable holiday decorations are limited to two (2) units per property and may not exceed 10 feet in height.
Your BoD is developing a more comprehensive fishing policy for MG residents. While that is being developed, the following list contains those HOA maintained ponds where resident fishing is allowed.
Pond 1 – Grandiflora Drive with fountain – all of left side and Cherrywood Court side at cul-de-sac common area.
Pond 5 – The Lakes – only Magnolia Greens’ common area is at the end of each finger where the aerators are. The rest are private lots.
Pond 6 – Along Pine Harvest Drive that is beside Hampton Pines. Common area along Pine Harvest Drive and small section on Pemberton Drive.
Pond 10 – Redfield Drive and Laurel Oak Way – all of left side and front of pond from Redfield is common area. Accessing from Laurel Oak Way only to the very left of cul-de-sac is common area but mostly privately owned in that area.
Pond 9A – Along Morning View Way and at the end of Windchime Way. Magnolia Greens common area at the end of the cul-de-sac on Windchime Way and the opposite side of the pond. Cannot be accessed from the left side of the pond from Morning View Way as it backs up to private lots.
Pond 9B – Opposite of pond 9B on Morning View Way. Magnolia Greens common area on Morning View Way and surrounding entire pond (there is a house on either side of the common area which is Fairway Village).
Pond 11 – Three Oaks – Magnolia Greens common area all the way around that pond.
Pond 20 – At the end of Winding Trail between Holly Glen and Cornerstone Village with the weir. Common area all the way around the pond.
All the remainder of the ponds are either golf course or completely on private lots.
04-10-19 - Added Item W - Fishing
10-2013 - General Revision
10-27-18 - Added note to Section Q
11-06-14 - Updated Section O
12-16-14 - Revised Section Q
01-01-15 - Revised Section U
02-20-15 - Revised Section J
06-16-15 - Added item V