Midori on 29th

Key facts from Midori on 29th's documents

Reflects the 2010 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Covenant / Planned Community

Legal name

Midori on 29th Subdivision

Developer / declarant

Midori on 29th, LLC

Governing law

North Carolina Planned Community Act (Chapter 47F of the North Carolina General Statutes) (Preamble: 'subject to the North Carolina)

Special assessments

Allowed, requires two-thirds vote of Class A members voting in person or by proxy at a meeting called for that purpose; uniform rate per lot; may be collected monthly (Section 23(f))

Collections & liens

Annual and special assessments are a lien on the lot; lien recorded in county; may foreclose; subordinated to first mortgage; personal obligation of owner at time assessment fell due (Section 23(b), (j), (k))

Reserves & fees

Interest at the highest rate allowed by law from date due until paid (Section 23(i))

Pets

Reasonable number of domesticated household pets allowed, with restrictions (Section 8)

Parking & vehicles

Open storage of boats, motor boats, personal water craft, campers, recreational vehicles, trailers, recreational trailers, motor homes, or similar vehicles prohibited; must be stored in an enclosed garage and not visible (Section 7.F)

Fences

Fences must be approved by ARC; no chain link, split rail, or welded wire fences allowed (Section 9)

Architectural approval

Yes, for building design, landscape plans, construction materials, exterior color changes, fences, satellite dishes, and any fuel tanks/storage receptacles (Sections 5, 6, 9, 17, 19)

Home business

Prohibited (Section 2: 'No lot... shall ever be used)

Signs & flags

Only an 18" x 24" 'For Sale' sign placed by original builder or by realty company/agent advertising the lot and house; no other signs until last lot owned by Developer is sold (Section 13(B))

Setbacks / home size

Minimum of 1,000 heated square feet (Section 2)

Maintenance

Owner responsible for exterior maintenance of buildings, walls, and improvements; Association may effect maintenance if owner fails and charge as special assessment; Association responsible for subdivision sign, streets, access easements, c (Sections 12 and 22(a))

Insurance

Association shall maintain casualty and liability insurance against fire and other hazards, and public liability insurance of at least $1,000,000 for bodily injury/property damage per occurrence (Section 25(a))

Use restrictions

All lots shall be used for residential purposes only; no business, manufacturing, commercial, or professional purposes (Section 2)

Voting & meetings

Class A (lot owners, 1 vote per lot) and Class B (Developer, 3 votes per lot owned, converts to Class A when 75% lots deeded or Dec 31, 2015) (Section 22(c) (1) and (2))

Amendments

By written document recorded in New Hanover County Registry, executed by owners of not less than two-thirds of the subdivided lots; Developer may unilaterally amend to ensure compliance with City of Wilmington requirements or to re-allocate (Section 30)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.