brierwood articles

Paragraph 13 of the 1969 declaration gave the developer a right of first purchase. An owner who wanted to sell any property subject to the restrictions had to offer it to the developer at the same price and terms, and tell the developer the buyer's name. The developer then had 30 days to say yes. If it declined, the owner could sell to the buyer, still subject to all the covenants, and the developer would put its refusal in writing if the owner asked.

On June 19, 2019, a short document called a Waiver of Right of First Purchase was signed and recorded at the Brunswick County Register of Deeds in Book 4206, Page 892. It was made by DTW Properties, Inc., formerly known as Brierwood Golf Club, Inc., the successor to the company that wrote the original declaration.

The waiver recites that the 1969 covenants were recorded in Book 205 at Page 222, that Paragraph 13 reserved the right of first purchase, and that the declarant amends the covenants for the purposes stated. It then forever waives, relinquishes and forfeits any right of first refusal or first purchase on any property in the Brierwood subdivision, for itself and for any predecessor or successor.

It authorizes all properties in the subdivision to be sold without first being offered to the declarant under Paragraph 13, and says that all properties may be sold and title may pass “free and discharged” of any such right. In plain terms, a Brierwood owner does not need to offer a property to the developer before selling it.

The waiver deals only with the right of first purchase. The rest of the covenants, including the building and upkeep rules, do not appear in it.

This is a plain-language summary of a recorded document from 1969, not legal advice. The recorded text controls, it may have been amended or supplemented, and who holds the developer's rights today is a question for a title company or an attorney. Registered members can read the scanned declaration on the Documents page.