Heather Drive Townhome Association Inc

What Heather Drive Townhome Association Inc's governing documents say

This is a City of Raleigh required 'City Code Covenant' for the Heather Drive Townhome Association Inc., a townhouse development. It is not a full set of homeowner rules (like a standard declaration or bylaws). Instead, it imposes specific city-mandated obligations on the association and all lot owners, primarily related to open space, tree conservation, party walls, private utility lines, and other public-interest requirements.

• What this document covers (and what it doesn't): This document is a city-required covenant, not a full rulebook for homeowners. It lists obligations the association and owners must follow to comply with Raleigh's development code. It does not set most day-to-day rules (like pet limits, rental restrictions, parking rules for lots, or architectural standards) unless those overlap with city code.
• Open Space: All open space (protected, undisturbed, and otherwise) must be preserved for owners' benefit, cannot be subdivided or sold except in limited exchanges approved by the city, and cannot be mortgaged without a supermajority vote. If the association dissolves, open space must first be offered to the city.
• Tree conservation: Tree conservation areas shown on recorded plats are protected. No tree-disturbing activity (as defined by city code) is allowed without a city permit. Violators face significant financial consequences.
• Common party walls: For townhouses sharing a party wall, each owner is responsible for routine maintenance (e.g., painting) on their side. If the wall is destroyed or damaged, repair costs are shared proportionally by owners who use that wall. Negligent or willful damage is the sole cost of the responsible owner.
• Private utility lines & streets: Private water/sewer lines serving more than one lot are owned and maintained by the association. The city is not responsible for failures. The association must maintain private streets, set speed limits, and ensure traffic flow. If the association fails to maintain utility lines, the city may do so and charge costs back to owners, with liens for nonpayment.
• Insurance & budget: The association must carry hazard insurance on common elements and liability insurance of at least $1,000,000. Budgets must be adopted and ratified as required by the NC Planned Community Act. Assessments must cover common expenses; unpaid assessments become a lien on the lot.
• Development rights & density: The developer (Declarant) retains rights to add land, units, or change unit types, all subject to city approval. Residential density transfers are allowed, so even if a lot appears large, additional units may be prohibited due to prior transfers.

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.