Motts Forest in the Village at Motts Landing

Key facts from Motts Forest in the Village at Motts Landing's documents

Reflects the 2012 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowners Association (Motts Forest Townhome Association and Master Association) (Art. I definitions; Art. IV)

Developer / declarant

AFTEW PROPERTIES, LLC (North Carolina limited liability company) (Preamble)

Governing law

Chapter 47F of the North Carolina General Statutes (implied by reference to NCGS § 47F-1-103(5)) (Art. I definition of Motts Forest Common)

Age restriction

Not present.

Assessments & dues

Board adopts proposed annual budget 30+ days before fiscal year; owners receive summary and meeting notice. Budget ratified unless 75% of all owners reject it. If rejected, last ratified budget continues. Assessments uniform for similarly s (Art. V Sec. 2)

Special assessments

Permitted with assent of majority of affected owners in person or by proxy at a meeting called on 10-60 days' notice. (Art. V Sec. 3)

Collections & liens

Association may file lien after 30 days unpaid. Lien foreclosable like a mortgage. Lien prior except for prior recorded mortgages and tax liens. Lien extinguished unless enforcement action within 3 years after docketing. (Art. V Sec. 10)

Reserves & fees

$125.00 at closing of conveyance by an Owner (exemptions for conveyances by Declarant to Approved Builder, death, foreclosure, etc.). Board may change amount. (Art. V Sec. 6)

Pets

Yes, dogs, cats, or other household pets, not for commercial purposes. (Art. III Sec. 15(P))

Leasing & rentals

Yes, but minimum lease term of one year. (Art. III Sec. 15(BB))

Parking & vehicles

Allowed only in accordance with policy determined by the Executive Board. (Art. III Sec. 15(J))

Fences

Fences must be approved. Fences facing or parallel to street shall be wood or other approved material. Must be maintained in original condition. Must meet local regulations. (Art. III Sec. 15(Q))

Architectural approval

Yes, MFARC (or Declarant during control period) approval required for all improvements, external changes, color changes. (Art. III Sec. 1)

Home business

Not explicitly allowed; limited by prohibition on commercial or offensive activities. (Art. III Sec. 15(S))

Signs & flags

One sign not over 6 sq ft for sale/rent, approved design. No other signs. Declarant signs and builder identification signs exempt. Fines for unapproved signs. (Art. III Sec. 15(M)(N))

Maintenance

Association responsible for Lawn Maintenance and Landscape Elements; Townhome Maintenance Elements (exterior) also covered by assessments. Owner responsible for interior and personal compliance. (Art. I definitions; Art. V Sec. 1)

Insurance

Deductibles are Common Expenses and may be covered by Insurance Assessment. (Art. V Sec. 4)

Use restrictions

Yes (no commercial, immoral, noxious, or offensive activities). (Art. III Sec. 15(S))

Voting & meetings

Class A (Lot Owners): 1 vote per Townhome Lot; Class B (Declarant): 3 votes per owned or planned lot. Class B ends when Declarant owns ≤10% of lots or voluntarily surrenders. (Art. IV Sec. 2-3)

Amendments

Motts Forest Landscape Guidelines: during Declarant Control Period, Declarant may amend unilaterally; after, 67% of then Townhome Owners must agree in writing. (Declaration amendment procedure not detailed; likely by statute). (Art. I definition (Motts Forest Landscap)

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