Downing Creek Community Association Inc
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What Downing Creek Community Association Inc's governing documents say
Downing Creek is a large master-planned community in Durham/Chapel Hill, NC, with single-family homes, patio homes, townhouses, condos, and apartments. This document — the Declaration of Rights, Restrictions, Affirmative Obligations and Conditions — is the primary rulebook for the whole community, binding all property owners, including those in later phases and sub-associations. It is run initially by the developer (Downing Creek Associates) and later by the Downing Creek Community Association.
- Type of community: This is a master-planned community that includes single-family lots, patio home sites, multiple-family tracts (townhouses, condos, apartments), and open space. All properties are subject to this declaration and also to a separate set of covenants for the Downing Creek Community Association.
- Architectural & design review: Before you build, alter, or paint any structure, you must get written approval from the Company (developer) or its assignee. Denial can be based on any ground, including purely aesthetic reasons, in the Company's sole discretion. Plans and specifications (including color, finish, location, and landscape plan) must be submitted. If no decision is made within 30 days of a written demand, approval is deemed waived.
- Landscaping & tree removal: You cannot grade, clear, cut, or alter vegetation without prior written approval. Trees 6 inches or more in diameter (measured 2 feet above ground) may not be removed without approval. Trees within 10 feet of a main building may be removed unless it substantially decreases beauty. The Company can enter your property to control erosion, insects, or fire, and bill you for it.
- Parking & vehicles: You must provide off-street parking for cars before occupying any building. Boats, utility trailers, campers, RVs, and oversized vehicles must be kept in an enclosed or screened area not visible from adjacent properties or roads. No mobile homes, trailers, tents, or barns are allowed as residences.
- Leasing & rentals: For multiple-family tracts (apartment buildings), leases for less than 6 months require the Company's written approval. Condominium or cooperative conversions also need approval. Single-family and patio homes have no stated lease minimum in this document, but guest suites without kitchens cannot be rented separately.
- Signs & mailboxes: No sign (real estate, contractor, etc.) may be erected without written approval of size, color, content, and location — approval can be denied for any aesthetic reason. Mailbox design, color, and location also need approval. The Company can remove violating signs immediately at the owner's expense.
- Open space & amenities: Open Space and Private Open Space areas are set aside for recreation and conservation. All property owners and their tenants/guests may enjoy Open Space areas subject to rules. Private Open Space is limited to adjacent property owners. The Company may build amenities like pools, tennis courts, golf courses, trails, etc., but is not obligated to do so.
- Duration & amendments: These covenants run for 30 years from 1987 and automatically renew for successive 10-year periods unless 51% of owners vote to terminate. Amendments require a 2/3 vote of affected owners at a meeting, with a 60% quorum. The developer has the right to add, modify, or assign these rules.
Key facts from Downing Creek Community Association Inc's documents
- Community type
- Planned Community with residential, open space, and commercial elements (Definitions, Part I purpose, Part III)
- Legal name
- Downing Creek Community Association, Inc., a North Carolina nonprofit non-stock corporation (Definitions section)
- Leasing & rentals
- For Multiple Family Tracts, leases for less than six (6) months require Company written approval; no general leasing cap mentioned (Part IV 15(b))
- Parking & vehicles
- Not explicitly mentioned
- Home business
- Allowed only if it does not create undue customer or client traffic as determined by Company (Part IV 6(a))
- Signs & flags
- Prohibited without prior written approval; Company may establish Uniform Sign Regulations; Company may immediately remove violating signs (Part I 4)
- Setbacks / home size
- Minimum square footage specified in each sales contract and deed (Part IV 5)
- Maintenance
- Owner responsible for preventing unsightly, unhealthy, unsafe conditions; Company may enter after notice to correct and charge owner (Part I 5)
- Use restrictions
- Yes, for Residential Properties (Single Family Lots, Patio Home Sites, Multiple Family Tracts) with exceptions for recreational and customary accessory uses and limited home offices (Part IV 1, Part IV 6(a))
- Voting & meetings
- Votes determined by membership type under separate Association covenants (Type A, B, C, D); for termination and amendment votes, votes are as per Part V 1(c) (Part V 1(c))
Related associations
Nearby (within 500 m): Chapelwood Owners Association Inc · Downing Woods Homeowners Assoc · Abernathy Place Homeowners Association Inc
About this HOA
Downing Creek Community Association Inc is a homeowners association in Chapel Hill, NC.
HOAproxy has 1 document on file for Downing Creek Community Association Inc: 1 CC&R. Last updated 2026-06-10.