Monks Corner Division
association language present (entity×47, governance×5)
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What Monks Corner Division's governing documents say
Monks Corner Division is a commercial/industrial subdivision in Wilmington, NC, consisting of five large tracts (A–E) owned by businesses. The governing document creates a property owners' association responsible solely for maintaining shared drainage facilities (a detention pond and drainage lines). This is not a residential HOA; it applies to commercial property owners and their tenants.
- What this document covers: This declaration establishes the Monks Corner Property Owners' Association to manage and maintain the shared Drainage Facilities (detention pond and private drainage lines). It grants each tract owner a non-exclusive easement to use the drainage system and imposes stormwater management restrictions.
- Who is bound: The declaration binds the owners of Tracts A through E (commercial parcels) and their tenants, successors, and assigns. Each tract owner automatically becomes a member of the association.
- Assessments & fees: The association levies annual and special assessments based on each tract's Percentage Interest (e.g., Tract A: 16.13%, B: 23.46%, C&D: 34.63%, E: 25.59%). Annual assessments fund maintenance, repairs, insurance, and administration. Special assessments require 66⅔% member approval. Unpaid assessments accrue 12% annual interest and can become a lien on the tract.
- Stormwater restrictions: Maximum built-upon area per tract is 90% of the tract area. Total built-upon area for all tracts cannot exceed 289,000 square feet. Runoff must drain into the permitted stormwater system. These restrictions cannot be changed without state concurrence.
- Leasing: Leases of tracts must include a provision that the lease is subject to this declaration. No minimum lease term is specified.
- Insurance: The association must maintain commercial general liability insurance with at least $1,000,000 combined single limit, covering the association, board, and owners for liability arising from common area maintenance.
- What this document doesn't cover: This document does not regulate architectural standards, parking, signs, noise, or any residential use. It does not address pets, trash, or landscaping beyond stormwater. It is a limited-purpose declaration focused on drainage infrastructure.
Key facts from Monks Corner Division's documents
- Community type
- Property Owners' Association (HOA) for drainage facilities (Article I, Article IV Section 1)
- Units / lots
- 5 Tracts: A, B, C, D, E (Article II Section 4; Exhibit B)
- Developer / declarant
- MONKS CORNER ASSOCIATES, LLC, a North Carolina limited liability company (Opening paragraph)
- Assessments & dues
- Board of Directors establishes annual budget and then sets annual and special assessments based on Percentage Interest (Article V Sections 3 and 6)
- Collections & liens
- Assessments are a continuing lien on each Tract; Association may foreclose; personal obligation also; subordinated to first mortgages (Article V Sections 1, 8, 9)
- Reserves & fees
- Budget includes reasonable allowance for contingencies and reserves (Article V Section 3)
- Leasing & rentals
- Leasing permitted; lease agreement must be subject to terms and conditions of this Declaration (Article III Section 3)
- Voting & meetings
- Each Director's vote equals the Percentage Interest of the Owner who appointed him; Members vote according to Percentage Interest in member votes (Article IV Sections 2 and 3)
- Amendments
- Amendment by instrument signed by Owners of not less than 75% of Percentage Interests; must be recorded; cannot alter obligations to pay ad valorem taxes or affect liens (Article IX Section 3)
About this HOA
Monks Corner Division is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Monks Corner Division: 1 CC&R. Last updated 2026-06-01.