Brookside Gardens

Key facts from Brookside Gardens's documents

Reflects the 2001 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Covenant / Planned Community

Legal name

Brookside Gardens Homeowners' Association, Inc.

Developer / declarant

Brookside Gardens, LLC (Preamble)

Management

Community Solutions Services (https://www.csshoamgt.com/association/co)

Governing law

North Carolina Planned Community Act (Chapter 47F of the North Carolina General Statutes) (Preamble)

Assessments & dues

First annual assessment set by Declarant prior to conveyance of first Lot; subsequent amounts based on budget adopted by Executive Board and ratified by Lot Owners. (Article IV Section 3)

Special assessments

May be levied for capital improvements with assent of two-thirds (2/3) of Members of each class voting in person or by proxy at a meeting called with 10 to 60 days written notice. (Article IV Section 4)

Collections & liens

Lien on Lot when assessment remains unpaid for 30 days or longer. Foreclosure in like manner as a mortgage under power of sale. Lien is prior to all liens except prior recorded mortgages/deeds of trust and real estate tax liens. Lien exting (Article IV Section 11)

Reserves & fees

Association may establish and collect late fees for delinquent installments. (Article IV Section 10)

Pets

Implicitly allowed but subject to nuisance restrictions — animals must not be noxious, dangerous, unsightly, or unpleasant. (Article VI Section 3B)

Fences

Fences are permitted on any Lot provided design, placement, and materials are approved by Declarant, Board, or Architectural Control Committee. (Article VI Section 2D)

Architectural approval

Yes — plans and specifications for dwellings, walls, structures, exterior additions, changes, or alterations (including painting) must be approved in writing by Declarant or its designee (before all Lots sold) or by Board/Architectural Cont (Article VI Section 1)

Signs & flags

Declarant may place 'For Sale' or 'For Rent' signs on Lots it owns. No general sign restrictions for owners specified. (Article V Section 5)

Setbacks / home size

Minimum 1400 square feet of enclosed, heated dwelling area; Architectural Control Committee may permit 1350 square feet if variance will not adversely impact property values. Excludes garages, terraces, decks, open porches. (Article VI Section 2A)

Maintenance

Association responsible for operation and maintenance of Common Elements from date of completion of construction. Association also responsible for Limited Common Elements (yards and shrubbery). Owner responsible for maintenance of easement (Article III Section 5, Article I Section)

Insurance

Board may insure Common Elements and other assets against fire and other hazards, and obtain public liability insurance. (Article II Section 1(c))

Use restrictions

Yes (Article VI Section 3A: 'No Lot shall be )

Voting & meetings

Two classes: Class A (all Owners except Declarant) one vote per Lot; Class B (Declarant) three votes per Lot owned. Fractional voting prohibited. Class B converts to Class A upon occurrence of earliest of: (a) Class A votes equal Class B vo (Article III Section 3)

Amendments

Declarant may amend without member approval: (A) prior to sale of first Lot; (B) as to Additional Property; (C) to correct errors; (D) for tax-exempt status; (E) to incorporate platting changes; (F) to conform to law/government requirements (Article V Section 3)

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