Landfall Subdivision II

What Landfall Subdivision II's governing documents say

Landfall Subdivision II is a single-family home community in Wilmington, NC, governed by a homeowners association (Landfall Subdivision II Owners Association, Inc.) and also subject to a master council (The Landfall Council of Associations, Inc.) that maintains shared common areas like roads, lakes, and storm drainage. This declaration sets out property rights, membership, assessments, and architectural controls for lot owners.

• What you own & maintain: You own your lot in fee simple. The association owns and maintains common areas (e.g., private roads, open space) within the subdivision, while the Council maintains shared common areas (roads, lakes, storm drainage) across the larger Landfall development. Lot owners are responsible for maintaining their own lots and any adjoining ground surfaces (e.g., lake banks, irrigation).
• Assessments & fees: Lot owners pay two types of assessments: (1) a Shared Common Expense annual assessment to the Council for shared areas (due January 1, may be paid in installments, with 12% interest on late payments), and (2) segment assessments to the association for amenities not maintained by the Council (e.g., landscape lighting, mowing, wall repairs). A special segment assessment may be levied for extraordinary capital costs. At initial purchase, a working capital fee equal to 2/12 of the then-current Shared Common Expense assessment is due.
• Leasing & rentals: Owners may delegate use of common areas to tenants holding a written lease of at least six months. No other lease restrictions are stated in this document.
• Architectural review: The declaration references architectural control functions under Article VII (not fully included in the excerpt), which governs approval of plans for improvements, including lakes, ponds, and landscaping.
• Lien & foreclosure: Unpaid assessments to the Council create a lien on the lot, which can be foreclosed like a deed of trust. The lien is subordinate to prior mortgages and tax liens. A foreclosing first mortgage holder is only liable for assessments accruing after acquisition.
• Membership & voting: Every lot owner is a member of the association. Each lot gets one vote (Class A). The developer (Declarant) holds Class B membership with three votes per lot owned, which converts to Class A by December 31, 2005. The developer may appoint a majority of the board until that date.
• What this document doesn't cover: This excerpt does not include the full text of Article VII (architectural standards), the Master Easement, or the Delegation of Powers. It also does not specify pet rules, parking restrictions, or age restrictions. Club, pool, tennis, and golf facilities are not included in assessments and require separate membership.

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.