Landfall Park

What Landfall Park's governing documents say

Landfall Park is a commercial office and hotel development in Wilmington, NC, governed by a homeowners association. This declaration of covenants, conditions, and restrictions (CC&Rs) binds the owners of Lots 1 and 2 (and any annexed lots) to rules about land use, assessments, and architectural control. It is not a residential community; it is designed for office and hotel uses only.

• Land use & building type: Lots 1 and 2 must be used for office and/or hotel purposes. Only Lot 2 may be used as a hotel site without written permission from Landfall Hotel Group. The Declarant or Architectural Control Committee (ACC) decides whether a use fits this intent.
• Architectural review: No improvements, landscaping, grading, or exterior alterations may be made without prior written approval from the Declarant or ACC. Plans must be submitted; if not approved/modified/disapproved within 15–30 days (depending on review body), approval is deemed given. Design guidelines may be adopted, and variances may be granted case by case.
• Assessments & fees: Annual assessments start at $4,000 per vote per lot (each lot has 1 vote). The Board may increase assessments up to 10% per year without owner consent; larger increases require 2/3 owner approval. Special assessments for capital improvements require majority vote. Unpaid assessments accrue 12% annual interest and a $100/month late fee (max $1,200 per delinquent assessment).
• Maintenance obligations: Each owner/occupant must keep their lot, buildings, and improvements safe, clean, and orderly, and prevent rubbish accumulation. Construction must begin within 12 months of plan approval and be completed within 15 months of permit issuance, or a $250/day fine applies. Damaged improvements must be restored or debris removed within 12 months.
• Leasing & rentals: Leases must be in writing and subject to the declaration, articles, and bylaws. A lessee's failure to comply is a lease default. The owner remains ultimately responsible for all assessments. There are no other restrictions on leasing lots.
• Common area & easements: Owners have an easement to use common areas (private streets, detention ponds, fences, etc.), subject to association rules and fees. The association maintains common areas and may grant easements. Utility and drainage easements (15 feet along lot lines) are reserved. An access easement over Lot 2 exists for detention pond maintenance.
• Enforcement & violations: The association or any owner/occupant may enforce restrictions via legal proceedings. Violations may be cured by the association at the owner's expense, plus 10% liquidated damages. Fines for incomplete construction are treated as assessments. The association may also request law enforcement assistance.

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.