Barclay Office Park

What Barclay Office Park's governing documents say

Barclay Office Park is a mixed-use commercial development in Wilmington, NC, governed by a Declaration of Covenants, Conditions, and Restrictions (CC&Rs). This document primarily binds lot owners (commercial property owners) and their lessees, not residential homeowners. It establishes a committee-controlled architectural and use approval process, maintenance obligations, and assessment liens.

• Architectural & use review: No lot may be used or improved without prior approval from a Developer-appointed Committee. Submissions must include financial statements, site plans, landscaping plans, building plans, and sign plans. The Committee may approve or disapprove for any reason, including aesthetic or financial, in its sole discretion.
• Maintenance obligations: Each owner must keep their lot in a well-maintained and attractive condition, including daily litter removal, landscaping upkeep, exterior lighting and mechanical repairs, compliance with health/safety requirements, repainting, and repair of exterior damage.
• Assessments & liens: Annual and special assessments are levied by the Developer at a uniform rate per square foot. Assessments are a continuing lien on the lot and a personal obligation of the owner. Unpaid assessments bear interest from the due date and may be collected via lawsuit or foreclosure.
• Leasing & delegation: Owners may lease or delegate rights to lessees by written notice to the Developer, but the owner remains fully responsible for all obligations under the Declaration regardless of the lease terms.
• Common areas: Common Areas are maintained by the Developer and may be used by owners, lessees, and their customers/invitees subject to rules set by the Developer. Utility installations by owners require prior Committee approval.
• Subdividing & replatting: No lot may be subdivided or its boundaries changed without the Developer's written consent. The Developer retains the right to replat its own lots and Common Areas, but not lots owned by others without their consent.
• Annexation of additional property: The Developer may annex additional property into the development at any time by recording an amendment, without needing approval from existing owners.
• Amendment & duration: The Declaration runs for an initial 10-year term and automatically renews for successive 10-year periods unless 3/4 of lot owners (by area) agree to change it. Amendments require a recorded instrument signed by 3/4 of lot owners, except the Developer may unilaterally amend for lots it still owns.

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.