Garlington Heights at West Bay Estates

Key facts from Garlington Heights at West Bay Estates's documents

Reflects the 2007 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowners Association (Article I, Section 3 (Association is a n)

Legal name

Neighborhoods of West Bay Estates, Inc. (Article I, Section 3)

Developer / declarant

Torchwood Development Company, Inc. (also referred to as Torchwood Home Investments, Inc.) (Opening paragraph; Article I, Section 7)

Governing law

North Carolina Planned Community Act (Chapter 47F of the North Carolina General Statutes) (Preamble and Article I, Section 1 (refer)

Assessments & dues

Not fixed; determined annually by adopted budget. First Annual Assessment set by Declarant before first Lot conveyance. (Article IV, Section 3)

Special assessments

For capital improvements requires 2/3 vote of Members of each class voting in person or by proxy. For Declarant reimbursement (per Article III, Section 5) without Member vote. (Article IV, Section 4)

Collections & liens

Lien may be filed if assessment unpaid for 30+ days. Foreclosure like mortgage under power of sale (Article 2A, Chapter 45 GS). Lien priority: prior recorded mortgages and tax liens are superior. Extinguished if enforcement not instituted w (Article IV, Section 11)

Reserves & fees

Common Expenses include allocations to reserves (by definition). No specific reserve study or funding requirement stated. (Article I, Section 5 (definition of Comm)

Fences

Fences required along front of each lot from dwelling to side property lines. Owner must maintain in good condition; no paint allowed. If damaged, repair/replace in approved style. Other fences permitted only if design, material similar to (Article VI, Section 2E)

Architectural approval

Yes. No dwelling, wall, other structure, or exterior addition/change (including painting) may be made without prior written approval of the Architectural Control Committee (ACC). During Declarant Control Period, ACC is Declarant or its desi (Article V, Section 1; Article VI, Sectio)

Setbacks / home size

Minimum 1,250 square feet of enclosed heated dwelling area. ACC may reduce to 1,100 square feet if no adverse impact on property values. (Article VI, Section 2A)

Maintenance

Association responsible for operation and maintenance of Common Elements at its sole cost. Owners responsible for their Lots (except front yard lawn maintenance by Association) and for maintenance of easement areas (except utility companies (Article III, Section 5; Article II, Sect)

Voting & meetings

Two classes: Class A (all Owners except Declarant) – one vote per Lot; Class B (Declarant) – three votes per Lot owned. Class B converts to Class A upon earliest of: (a) Class A total votes equal Class B; (b) December 31, 2012; (c) voluntar (Article III, Section 3)

Amendments

During Declarant Control Period, Declarant may amend without Member approval for: before first Lot sale, for Additional Property, to correct errors, to qualify for tax exemption, to reflect plat changes, to conform to law (including mortgag (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.