Batson Creek Estates

Key facts from Batson Creek Estates's documents

Community type

Covenant / Planned Community

Legal name

Batson Creek Estates

Developer / declarant

Fenwick Communities, LLC (Preamble, before Article 1)

Governing law

Delaware Uniform Common Interest Ownership Act (DUCIOA) (Sections 5.3(d), 5.11, 3.1(i))

Assessments & dues

Not fixed; set annually by Board via budget (Section 5.3)

Special assessments

Allowed; if exceeds 15% of annual budget, requires 51% Owner consent and Community Founder consent during control period; also for compliance costs (Section 5.4)

Collections & liens

Assessment is a continuing lien on Living Unit; Association may foreclose; subordinate to first mortgage except as allowed by DUCIOA (Sections 5.1, 5.11, 6.1)

Reserves & fees

Association shall establish and maintain reasonable reserve fund for repair and replacement of Community Areas and Exclusive Community Property (Section 5.9)

Pets

Yes, but subject to Community Codes for damage, disturbance, waste, leash, noise, occupancy limits (Section 9.4(d))

Leasing & rentals

Yes; leasing is not prohibited; Community Code may govern minimum lease terms, signage, occupancy, but cannot require consent for transfer (Section 9.4(f))

Parking & vehicles

Association may designate use of parking spaces; Owners have right to use private streets and parking for ingress/egress and parking; cannot suspend that right (Section 3.2)

Architectural approval

Yes; complete plans and specifications must be approved in writing before any Improvement, including initial construction, changes, alterations (Sections 7.1, 7.2, 7.3)

Home business

Home office use allowed; activities not normally associated with residential or home office use may be restricted (Section 9.4(c)(i))

Signs & flags

Community Code may regulate display of American flag, state flag, political signs, and 'For Sale' signs (Section 9.4(h))

Use restrictions

Implied; activities normally associated with residential or home office use permitted; restrictions on non-residential activities (Section 9.4(c))

Voting & meetings

One vote per Living Unit; multiple owners share one vote; lessee may be assigned voting rights (Section 4.3)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.