Canby Oaks Performance Subdivision
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What Canby Oaks Performance Subdivision's governing documents say
Canby Oaks Performance Subdivision is a standard single-family home HOA in Wilmington, NC. This declaration governs all lots in the subdivision and binds all lot owners. The HOA maintains common elements and enforces rules.
- What you own & maintain: You own your lot and single-family home. The HOA maintains common elements like private roads, open space, and stormwater ponds. You maintain your own lot and any limited common elements (none designated here).
- Architectural review: All exterior changes (including painting, fences, structures) require written approval from the Architectural Control Committee. Plans are reviewed for harmony of design. Approval is deemed given if no response within 30 days.
- Use restrictions: Lots are for single-family residential use only. Minimum heated floor area is 1,800 sq ft (excluding porches, decks, garages). No temporary structures, trailers, or tents as residences. No clotheslines. No nuisances or offensive activities.
- Parking & vehicles: No boats, campers, trailers, motor homes, inoperable vehicles, or construction equipment may remain on lots or streets without HOA consent. No vehicle repairs visible from street. HOA may tow violators at owner's expense.
- Pets: Domestic dogs and cats are allowed but not for commercial purposes. Must be leashed and controlled. HOA may adopt rules on number, type, and size of pets.
- Leasing & rentals: The document does not address leasing restrictions or minimum lease terms.
- Assessments & fees: Annual assessments fund common area maintenance and operations. HOA board can raise assessments up to 10% without owner vote; increases over 10% require 2/3 owner approval. Special assessments for capital improvements need 2/3 vote. Working capital fee of $200 due at closing. Assessments are a lien on the lot if unpaid.
- Developer rights: The developer (Stevens Building Company) retains special rights until December 31, 2029, including control of the HOA board, the ability to annex additional property, and the power to amend the declaration without owner approval under certain conditions.
Key facts from Canby Oaks Performance Subdivision's documents
- Community type
- Planned Community (the North Carolina Planned Community Act)
- Legal name
- Canby Oaks Homeowners Association, Inc. (CANBY OAKS HOMEOWNERS ASSOCIATION, INC.,)
- Governing law
- North Carolina Planned Community Act (Chapter 47F of the North Carolina General Statutes) (NOW, THEREFORE, Declarant declares that )
- Reserves & fees
- Association may establish and collect late fees for delinquent installments (SECTION 10 ... The Association may also )
- Pets
- Domesticated dogs, domesticated cats or other household pets may be kept, not for commercial purposes ((e) Animals. No animals, livestock or po)
- Architectural approval
- Plans and specifications for any structure, exterior addition, change, or alteration (including painting) must be submitted to and approved in writing by Architectural Control Committee for harmony of external design and location (SECTION 1. Approval of Plans for Buildin)
About this HOA
Canby Oaks Performance Subdivision is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Canby Oaks Performance Subdivision: 1 CC&R. Last updated 2026-06-01.