Marsh Court Patio Homes at the Cape

What Marsh Court Patio Homes at the Cape's governing documents say

Marsh Court Patio Homes at the Cape is a planned unit development of 25 single-family detached patio homes (townhouses) in Wilmington, NC. This declaration establishes the homeowners association, common elements, and rules binding all lot owners. Owners own their lot and home; the association maintains common areas, exteriors, and roofs.

• What you own & maintain: You own your lot and patio home in fee simple. The association maintains common elements (driveways, parking, lawns, utilities) and also the asphalt shingle roofs and exteriors of all homes, unless damage is caused by owner negligence.
• Assessments & fees: Annual assessments are set by the board and can increase up to 10% per year without member vote; higher increases require 2/3 member approval. Special assessments for capital improvements also require 2/3 vote. Assessments are uniform per lot and collected monthly. Delinquent assessments bear interest and become a lien on the lot.
• Membership & voting: Each lot has one membership in the association. Voting rights may be suspended for unpaid assessments or rule violations (up to 60 days). The declarant controlled the board until all lots were sold or until 1994.
• Master association: Every lot owner automatically becomes a member of The Cape Homeowners' Association, which maintains common areas, streets, and amenities for the larger Cape development. That association has its own assessment and lien authority.
• Use restrictions: The property is a private residential community. The association may adopt rules governing use of common elements and may suspend use rights for violations. No public dedication of property is intended.
• Insurance: The association carries fire, flood (if needed), and liability insurance covering common improvements and all patio homes (excluding owner's personal property). Owners may carry additional insurance with waivers of subrogation.
• Encroachments: If a home or common area encroaches on another lot or common area due to construction or rebuilding after casualty, an easement for the encroachment automatically exists as long as it naturally remains.
• Amendment & duration: The covenants run for 20 years from recording (1985), then auto-renew for 10-year periods unless 75% of owners vote to revoke. Amendments require 90% owner approval during the first 20 years, then 75% thereafter.

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.