Darlington Homeowners Association Inc
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What Darlington Homeowners Association Inc's governing documents say
Darlington is a planned community in Cary, NC, governed by a Homeowners Association (HOA). This declaration sets the baseline rules for the entire community, covering lot use, property maintenance, architectural control, and assessments for all homeowners. The developer, KB Home, retains significant control during the Declarant Control Period, including the power to amend rules and approve architectural changes.
- Who must follow these rules: All homeowners (Owners), their tenants, guests, and mortgagees must comply. The HOA enforces the rules, and the developer (Declarant) retains voting and veto power over many decisions during the Declarant Control Period.
- Types of assessments & fees: Base Assessments fund annual operating costs and reserves; Special Assessments cover unbudgeted or emergency expenses. Late charges up to $20/month or 10% of unpaid assessment (whichever is greater) and interest up to 18% per year apply. After a 15-day grace period, attorney’s fees and court costs may be added. The HOA can file a lien and foreclose on a lot for unpaid assessments after 90 days overdue.
- Leasing & rentals: Leases must have a minimum term of six months. The HOA cannot prohibit leasing or require its consent for a lease, but it can regulate leasing and require this minimum term.
- Occupancy & family definition: Each lot may be occupied only by a single family: a group related by blood, marriage, adoption, or guardianship, OR up to three unrelated persons living together as a single housekeeping unit. The number of occupants is also limited by the lot’s size and facilities.
- Architectural review & approvals: No exterior changes (fences, landscaping, paint, additions, etc.) may begin without prior written approval from the Declarant (during its control period) or the Architectural Review Committee (ARC) afterwards. Applications are reviewed within 45 days; if no response, the application is denied. Approvals expire if construction doesn’t start within one year. The reviewer can deny applications based solely on aesthetics, and no approval creates a precedent.
- Parking & vehicles: Only licensed, operative passenger cars, station wagons, pick-up trucks, or passenger vans may be regularly parked in driveways. Regular parking on community roadways is prohibited. Recreational vehicles must be screened from view, and no vehicle may be used as a dwelling.
- Pets & animals: The document does not establish specific pet limits or rules. However, pet enclosures must be screened from view, and the HOA can regulate activities that create nuisances, health/safety risks, or excessive noise.
Key facts from Darlington Homeowners Association Inc's documents
- Community type
- HOA (Homeowners Association) (Article II: 'Association' shall mean Dar)
- Developer / declarant
- KB HOME Raleigh-Durham Inc., a Delaware corporation (Preamble: 'made March 1, 2017, by KB HOM)
- Governing law
- Chapter 47F of the North Carolina General Statutes (Planned Community Act) (Preamble: 'pursuant to Chapter 47F of th)
- Special assessments
- May be levied by Board with majority vote and Declarant consent during control period; covers unbudgeted or excess expenses (Section 9.4)
- Collections & liens
- Lien attaches automatically after 30 days; Association may foreclose like a mortgage after 90 days; lien subordinate to first mortgages recorded before docketing; fines-only liens cannot use power of sale (Sections 9.2, 9.8, 9.9)
- Reserves & fees
- Required; budget must include contributions to a reserve fund for capital repair and replacement based on a separate reserve budget (Section 9.3: 'The budget shall include a)
- Pets
- Pets impliedly allowed; pet enclosures must be screened from view from any roadway or any other Lot (Section 4.3.11: 'Boats, boat trailers, c)
- Leasing & rentals
- Leasing is allowed; no prohibition; minimum lease term of 6 months may be required; no consent required (Section 4.5.3: 'the Association may requ)
- Fences
- Fences are included in 'structures' requiring approval; no specific fence height or material stated in Declaration; subject to Architectural Guidelines. (Section 5.1: 'including but not limited )
- Architectural approval
- Reviewer shall make a determination within 45 days after receipt of completed application. If no response, deemed denied. Appeal to Board within 15 days. (Section 5.4.2)
- Home business
- Home business use ancillary to primary residential use is permitted, subject to Rules and Regulations and applicable laws (Section 4.1: 'home business use ancillar)
- Signs & flags
- Political signs or flags on any Lot shall be subject to the Rules and Regulations (Section 4.3.3: 'Placement and display of)
- Insurance
- Deductible is a Common Expense unless caused by negligence or willful misconduct of an Owner, then may be assessed against that Owner as a Specific Assessment. (Section 7.4)
- Use restrictions
- Lots and Common Area shall be used for residential and related purposes only, subject to certain exceptions for Declarant and approved businesses (Section 4.1: 'The Lots and Common Area s)
- Voting & meetings
- Two classes: Class A (each Owner, one vote per Lot); Class B (Declarant, three votes per Lot owned plus one vote per Lot owned by others). Class B ceases upon conveyance of all Lots, surrender of appointment rights, or expiration of Declara (Section 3.3)
- Amendments
- Not fully detailed in this declaration; references to amendments: 'any amendments hereto or restatements hereof' in definition of Declaration. Rules and Regulations amendment procedure given (Section 4.4). Architectural Guidelines amendment (Article II definition of Declaration; Se)
Community amenities
≈ 24 homes
Related associations
Nearby (within 500 m): Ellsworth Property Owners Association Inc · White Oak Creek Homeowners Assc Inc · Autumnwood Homeowners Association of Cary Inc · Green Level Estates Homeowners Assc Inc · Green Level Crossing Community Association Inc
About this HOA
Darlington Homeowners Association Inc is a homeowners association in Cary, NC.
HOAproxy has 1 document on file for Darlington Homeowners Association Inc: 1 CC&R. Last updated 2026-06-10.
Governing documents
- DOCC110385132 (47 pages) — PDF
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