Clearwater Preserve
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What Clearwater Preserve's governing documents say
Clearwater Preserve is a single-family home community in Wilmington, NC, governed by a Master Declaration of Protective Covenants. These rules bind all lot owners and residents in the planned community.
- What you own & maintain: You own your lot, including the house and any structures on it. You must maintain your lot and improvements to the 'Community-Wide Standard.' The association maintains the common areas, including landscaping, streets (until accepted by the county or state), signage, and stormwater systems.
- Architectural review: Before building, adding, or changing anything outside your home (including fences, landscaping, tree removal, paint colors, or even a shed), you must get written approval from the Architectural Review Committee. The committee can reject plans for any reason.
- Assessments & fees: All owners pay annual assessments set by the board. A new owner (not a builder) also pays a one-time working capital assessment equal to one year's budgeted assessment. Special assessments up to $250 per year can be levied by the board; larger ones require a 67% vote of affected members. Unpaid assessments become a lien on the lot and can be foreclosed.
- Land use & restrictions: Lots can only be used for a single-family detached home. No subdivision of lots is allowed except to enlarge an adjoining lot. The association can create and enforce rules about use of the property, including limiting guests in common areas and suspending voting rights for violations.
- Leasing & rentals: The document does not set a minimum lease term or restrict who can rent, but any lease does not release the owner from liability for damage caused by the tenant. The tenant must follow all rules.
- Common area use & rights: Every owner has a right to use the common areas, but the board can regulate use, limit guests, and suspend use rights for unpaid assessments or rule violations (up to 60 days per violation, or longer for continuing violations).
- Developer control period: The developer (Declarant) has special voting rights (20 votes per lot) until the earlier of: they own no lots, January 1, 2046, or they voluntarily end it. During this period, the developer can appoint the board and approve many actions without owner consent.
- What this document doesn't cover: This Master Declaration does not include specific rules about parking, vehicles, pets, rent limits, age restrictions, or detailed design guidelines (those are in a separate document called the 'Design Guidelines'). It also doesn't list current assessment amounts or amenity details.
Key facts from Clearwater Preserve's documents
- Community type
- Planned Community (Article 1 (Clearwater Preserve defined a)
- Developer / declarant
- Clearwater Preserve, LLC, a North Carolina limited liability company (Opening paragraph)
- Governing law
- North Carolina Planned Community Act (N.C.G.S. §47F-1-101 et seq.) (Section 1.23)
- Assessments & dues
- Set annually by Board based on budget; not specified in document (Section 9.3)
- Special assessments
- Allowed. If over $250 per Member per year, requires 67% vote of Members present and Class B consent. Board may levy up to $250 without vote. (Section 9.5)
- Collections & liens
- Assessments constitute a continuing lien on each Lot, superior to all except taxes and first mortgage. May be foreclosed by judicial or non-judicial foreclosure. (Section 9.9)
- Reserves & fees
- Board shall annually prepare a capital reserve budget for maintenance and replacement of capital improvements (Section 9.4)
- Leasing & rentals
- Allowed; Owner may lease Lot and assign use rights to lessee; Owner remains liable (Section 2.1: "An Owner who leases his or)
- Fences
- Require ARC approval; Owner responsible for maintenance (Article 10.1(a) and Section 5.2)
- Architectural approval
- Yes, for any structures, improvements, clearing, grading, tree removal, and exterior changes (Article 10.1(a))
- Signs & flags
- Require ARC approval (included in list of improvements) (Article 10.1(a))
- Maintenance
- Association maintains Common Areas (roads, alleys, signage, ponds, etc.); Owner maintains Lot and improvements (Article 5: Sections 5.1, 5.2)
- Use restrictions
- Lots intended for detached single-family residence (Section 1.15: "intended for development,)
- Voting & meetings
- Two classes: Class A (one vote per Lot); Class B (Declarant, 20 votes per platted Lot during control period) (Section 3.3)
- Amendments
- Article 10 (Design Guidelines) may not be amended during Class B Control Period without Declarant's written consent. General amendment process not fully detailed. (Section 10.1(e))
Related associations
Overlaps: The Preserve
Nearby (within 500 m): Parkwood Estates Subdivision · Weaver Woods at Lake Emerald · Parkwood Extension · Weaver Acres · Saratoga Place · Gordon Woods · Saratoga Place at Hidden Pointe · Hidden Pointe on the Lake · Belmar Forest · Sun Coast Villas · Summers Glen
About this HOA
Clearwater Preserve is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Clearwater Preserve: 1 CC&R. Last updated 2026-06-01.