Kilmarlic Residential Community Association

What Kilmarlic Residential Community Association's governing documents say

Kilmarlic Residential Community is a standard single-family home HOA in Kitty Hawk, NC. These rules apply to lot owners and their tenants, guests, and invitees. The declaration covers assessments, architectural control, maintenance responsibilities, and community use standards — but the provided excerpt is incomplete (pages 28–47 are missing), so some rules may be missing.

• Membership & voting: Every lot owner automatically becomes a member with one vote per lot. The developer held 10 votes per lot until Class B membership converted to Class A (when owner votes exceeded developer votes, or after 3 years, or when developer owns under 10% of lots, with an 8‑year hard cap).
• Assessments & fees: All lots pay the same annual maintenance assessment. An initial $500 special assessment is due at closing for the first buyer from the developer. Assessments are due monthly unless the board decides otherwise. Delinquent assessments accrue interest, late charges, and can lead to lien foreclosure. The association may also levy special assessments for capital improvements with a 2/3 member vote if over 20% of the annual assessment.
• Architectural review: Any exterior addition, modification, or alteration requires plans approved by a 3‑member Architectural Standards Committee. The committee can disapprove for reasons including incompatibility with the neighborhood, failure to comply with design guidelines, or any matter it considers inharmonious. Plans are deemed approved if the committee fails to act within 35 days (plus a 15‑day notice period).
• Property rights & easements: All members have non‑exclusive easements to use common areas, utility conduits, and common access roads. The association may sell or encumber common property only with an 80% member vote. The developer reserved extensive rights (e.g., ingress/egress, utility connections, sales center operation) until construction is complete.
• Insurance & reconstruction: The association must carry fire/casualty insurance at full replacement cost (excluding land/foundations) on common improvements. Proceeds under $50,000 go to the association; over $50,000 go to an insurance trustee for repair/rebuild. The policy must include a standard mortgagee clause and cannot be canceled without 30 days’ notice to mortgagees.
• Maintenance responsibilities: The association maintains all common property (landscaping, driveways, walkways, signage). Owners are responsible for their own lots and structures. The association may perform emergency repairs on a lot and charge the owner.
• What this document doesn’t cover: The excerpt does not include the complete list of general covenants (e.g., pet limits, leasing restrictions, parking rules, sign rules, noise/use restrictions) — those appear in Article IX, which is missing. Also missing are enforcement, amendment, and duration provisions (Article X) and the legal description (Schedule A).

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.