Briarcrest

Key facts from Briarcrest's documents

Reflects the 2005 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowners association (HOA) (Recitals – 'mandatory membership homeown)

Legal name

Briarcrest Owners Association, Inc. (Article I – 'Association')

Units / lots

Not explicitly stated; each individually owned lot intended for a detached single-family residence (Article I – 'Lot' definition)

Developer / declarant

McCAR HOMES-CHARLOTTE, LLC, a North Carolina limited liability company, successor by name change to MDC Homes-Charlotte, LLC (WITNESSETH paragraph 1)

Governing law

Does not submit to North Carolina Planned Community Act (N.C. Gen. Stat. §§ 47F-1-101 et seq.) (Recitals, last paragraph)

Assessments & dues

Determined annually by Board; no specific amount given (Article VI, Section 3)

Special assessments

Board may levy special assessment for budget deficits or capital improvements. Payable equally by Improved Lots. (Article VI, Section 4)

Collections & liens

Assessments create a continuing lien on the Lot, prior to all liens except ad valorem taxes, first priority mortgages, and secondary purchase money mortgages. Association may foreclose. (Article VI, Sections 1 and 7)

Reserves & fees

Working capital reserve fund established from transfer fees; Board may also include reserves in budget (Article VI, Sections 3 and 6)

Pets

Dogs, cats, and other customary household pets allowed (Article VIII, Section 3)

Leasing & rentals

Allowed only with prior written consent of Board of Directors (Article VIII, Section 1)

Parking & vehicles

Commercial vehicles temporarily parked for servicing are allowed; otherwise prohibited outside garage (Article VIII, Section 9)

Fences

Fences are exterior improvements subject to ACC approval. There is a 3-foot easement for fence encroachments. (Article IV, Section 2(c); Article VII)

Architectural approval

Yes – all exterior structures or improvements require approval of Architectural Control Committee (ACC) (Article VII, Section 1 and 3)

Home business

Owner may use portion of building as office if no regular customer/client/employee traffic and no sign (Article VIII, Section 1(b))

Signs & flags

Not specifically addressed (would fall under signs – require Board consent)

Setbacks / home size

Outbuildings must be sited at rear and not beyond rear building setback line (Article VIII, Section 15)

Maintenance

Owner responsible for repairs to roof on Lot (Article IX, Section 2 (keeping improveme)

Insurance

Reasonable deductible as determined by Board (Article X, Section 1)

Use restrictions

Lots restricted exclusively to single-family residential use (Article VIII, Section 1)

Voting & meetings

Two classes: Class A (owners) – one vote per Lot; Class B (Declarant) – full voting until termination. Class A full voting on earliest of: Declarant designation, 100% Lots improved, or 10 years from date (Article V, Section 3)

Amendments

Governed by Article XII (full text not included in excerpt); Declaration may be amended by Declarant during Development Period for annexation, withdrawal, submission to master community. (Article II, Sections 3,4,5; Article XII)

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