Coming soon- Whispering Woods Tiny Village. 12 lots with breathtaking views in beautiful Jefferson North Carolina

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DELARATION OF RESTRICTIVE COVENANTS, CONDITIONS, EXCEPTIONS, EASEMENTS AND RESERVATIONS APPLICABLE to Whispering Woods Tiny Village

Said land shall be used exclusively for single-family residential purposes.  All homes placed on the property shall be either a park model RV, manufactured home, modular home, or stick built home. All homes must have a rustic/cabin exterior appearance using board and batten, rustic lap siding, or log cabin look/construction to them. Park models must be blocked, leveled, strapped/anchored to the earth and completely skirted around the entire perimeter of the home. No metal siding is permitted on any home within the subdivision. No metal skirting/underpinning is permitted on any home unless a porch is built around the complete perimeter of the home covering from all sight of view. All trailer tongues must be either removed or covered completely with a porch after your home is placed. Each lot is limited to (1) residence.

All homes, home skirting and outbuildings including but not limited to garages, sheds, and carports must have written permission/approval by the developer before any home is placed or construction begins.  No freestanding carports. All carports must be built off of the main residence or garage using like material/colors. Outbuildings may not exceed the square footage of the main residence on each lot.  Each lot is limited to (1) outbuilding. No residence, building, or any other structure shall be built or maintained within three (3) feet from any property line or road right of way line.

All homes shall contain no less than 320 sq ft and no more than 800 square feet of finished, heated, living space. Minimum Home width is 10ft. All homes must be single story. Any garage, shed, carport, or other outbuilding that is detached from the main dwelling shall be constructed of like material and have a similar appearance to the main dwelling. 

Any fencing constructed within the subdivision must have written permission/approval by the developer before any construction begins. Fencing height may not exceed 6 feet for backyard fences and 4 feet for property line or front yard fences. No fence may be constructed of chain link.

No lot may be further subdivided

No lot space may be rented for homes to move in and out. All lots are intended to be used as full time residences. Homes may be rented with a minimum lease of 1 year. Short term rentals are permitted by deeded home owners only (not renters), if applicable through the city of Jefferson North Carolina and/or Ashe County North Carolina.

No trailers, campers, motor homes, tents or temporary type residence shall be placed on or located on any lot. 

All propane tanks (if applicable) must be placed on the backside of the home. If a home is constructed in such a manner in which the tank can still be seen from the road, the tank must be hidden with either landscaping or a fence.

No exterior clotheslines.

 No commercial signs may be erected except a “For Sale” or “For Rent” erected by a real estate broker or the property owner or such signs as may be required by legal proceedings. No hand made signs. No commercial, nor manufacturing establishment, factory, public garage, sanitarium or hospital of any kind will be erected, licensed or maintained on said land. No business or commercial activity shall be conducted on or from any lot which: (a) solicits the presence of the general public upon said lot for the purpose of purchasing goods or services, or (b) which creates noises, odors, or vibrations that would in any way be obnoxious or offensive to adjoining lot owners.  Wrecked vehicles and vehicles without current tags will not be permitted unless they are in an enclosed garage.  No fuel tanks or similar storage receptacles shall be placed on the property.

It shall be the responsibility of the lot owner to provide adequate parking space for motor vehicles on his or her lot. Parking on the subdivision roads or within the rights of way is prohibited. All parking areas and driveways on all lots must be surfaced completely with gravel, concrete, asphalt, or other appropriate paving material. 

No loud or offensive activity shall be carried on, on any lot, nor shall anything be done intending to cause embarrassment, discomfort, annoyance, or a nuisance to the neighborhood.

No lot shall be used or maintained as a dumping ground for rubbish, trash, or other waste. All trash, garbage, and other waste shall be kept in sanitary containers provided by each owner in a screened or enclosed area not visible from any road or from the adjoining residences.

It shall be the responsibility of each property owner to prevent the development of any unclean, unsightly, or unkept condition of any structure or on the ground of his/her lot or lots, which condition would decrease the beauty of the neighborhood as a whole or of any specific area. The exterior of all structures and all landscaping must be maintained by each individual lot owner. This includes all automobiles.

The Developer reserves unto themselves, their successors and assigns, a perpetual alienable and releasable easement and right on, over, and under the ground within 3 feet of any lot boundary line and within 15 feet of any road right of way, to erect, maintain, and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other suitable equipment for the transmission and discharge of electricity, telephone, internet, gas, water, landscaping and subdivision signs.

If any person damages the Subdivision roads, utility lines or common properties for any reason, that person shall be responsible for paying to repair the same to the original condition. In addition to the provisions made for maintenance of the roadways within the subdivision, each property owner shall, by acceptance of his, or her, deed for property within the subdivision, agree, at his or her expense, to repair any damage to the roadway, or to provide access to said lands or the ditches when such damage is caused by him/her or by his/her agents or employees other than through normal use of said roadways.

There shall be a yearly assessment of Four Hundred twenty Dollars ($420.00) dollars per lot for road and common area maintenance, said assessment to be due and payable on the first day of each year. After 70% of lots have been sold, the property owners will form Whispering Woods Tiny Village Property Owners Association. The Association will be responsible for making and collecting all assessments, and for maintaining the roads in the subdivision. The Association will assess owners of vacant lots the same amount of the assessments of owners of lots upon which construction has begun or completed. The yearly assessment shall not increase unless 75% of lot owners agree more is needed to maintain the roads and common areas. Declarant shall not be responsible for any assessments in connection with property held by Declarant.

By their acceptance of a deed, all land owners within the subdivision agree for themselves, their heirs, successors, and assigns, that as the owners of said property, they will become a member of the Whispering Woods Property Owners Association at such time as such association shall be formed, and shall abide by all rules and By-Laws of the Association.

It is understood and agreed that the roadways and common areas within the subdivision shall be for the common use of the Developer, their heirs, successors and assigns, and all lot owners within the subdivision. The Developer has constructed the roadways, and responsibility for maintenance of the roads shall be that of all lot owners and the Whispering Woods Tiny Village Property Owners Association. The streets, roadways, and access roads within the said property shall be maintained in travelable condition sufficient for all types of weather. The determination of the time for performing maintenance and all actual maintenance of said roads shall be the responsibility of the lot Owners and the Whispering Woods Tiny Village Property Owners Association. Each lot owner shall be responsible for paying to the Developer at first and then to the Association, at such time as it is formed, his or her proportionate share of the cost of maintenance and upkeep of said roadways and common areas. 

Each lot owner’s proportionate share of the cost of maintenance, upkeep, and repair of the roadways and common areas hereinabove set forth, and/or the cost of abatement and removal of any structure or other property or thing in violation of these restrictions, shall be and remain a lien upon the respective parcels or lots to which the same is applicable, until the same shall have been paid in full, which said lien, shall, however, be subordinate and which is by the terms hereof expressly subordinated to the lien obtained by any bank, building and loan or savings and loan association, and any other legitimate banking or lending institution, by the lending of money for which said parcel or lot is accepted as security. Should any lot or parcel owner fail to pay any indebtedness or assessment hereby established within thirty (30) days after written notice thereof, then and in that event, the same may be delivered to an attorney for collection, in which event such lot or parcel owner shall be responsible for the payment of reasonable attorney fees required to enforce the collection thereof. 

No livestock, poultry, or other farm animals shall be kept on said premises. Household pets shall be kept inside the residence at night and under such restraints so as not to become a nuisance or a threat to other property owners, or their property, or to wildlife in the area when outside. Animals, such as dogs (but not limited to only dogs), will not be permitted to roam free off of the property owner’s legal property boundaries, nor make such noise, like barking, to the point that it becomes noxious or offensive to another residence. If a property owner complains of such noxious or offensive behavior, the owner of such animal will be required to relocate the noxious or offensive animal to a location such that the noxious or offensive behavior is no longer considered noxious or offensive. Noisy, unmanageable, or unruly pets will not be allowed to remain in the community. Pet caused disturbances or damages constitute a material violation of these Rules and Regulations. All pets shall be up to date on all County, State, and Federal required vaccinations. All pets must be kept on a leash if not inside the dwelling or fully fenced area of the property.

Firearms shall not be discharged within the community or on property owned by the community. Firearms include “BB” guns, air guns, pellet guns and any other weapon capable of firing a projectile.

Each Property Owner agrees that the Property Owner has examined the condition of the lot and is aware of its condition and, unless otherwise prohibited by law, accepts said space “as is” and “with its faults”. Each Property Owner further states that the Property Owner has not relied on the developer for advice concerning the installation or construction of their home.

Due to the existence of underground utilities, no excavation of any kind shall take place until, and unless, the Declarant has been notified and the excavation activities have been planned in such a manner so as to avoid damaging or disrupting utilities (i.e., calling 811 to have utility lines marked, etc.).

In the event of violation of any of these restrictive covenants by any lot owner or agent of such owner, the owner of any such lot subject to these restrictions shall have the right to take such legal or equitable action as necessary to compel compliance or to terminate or enjoin any violation. Additionally, the Declarant shall have the same right of enforcement and shall have the further right to enter upon the premises where such violation exists to abate or remove the same if after ninety (90) days written notice to the lot owner, the violation has not been corrected. Any such entry by the Declarant shall not be deemed a trespass. The failure of the Declarant, the Property Owner’s Association, or their successors, to enforce any right, reservation, restriction, or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so subsequently as to the same breach, or as to any breach occurring prior or subsequent thereto, and shall not bar or affect its later enforcement.

These are covenants which shall run with the land and shall be binding upon all parties and all persons claiming under them. These restrictions shall remain on the property unless specifically terminated by a vote of seventy-five (75) percent of owners of lots subject to these restrictions after the Declarant sells all of their property in the subdivision. This Declaration may be amended by Declarant as long as Declarant owns any property subject hereto and after Declarant sells the last of its property it may be amended upon the approval of the owners of seventy-five (75%) percent of the lots located on the property. The Declarant and all lots owned by the Declarant shall be exempt from assessments until transferred by deed to new owners.