Oak Landing at Porters Neck

What Oak Landing at Porters Neck's governing documents say

Oak Landing at Porters Neck is a commercial shopping center development in Wilmington, NC, governed by a Declaration of Easements, Covenants, Conditions and Restrictions. This document binds the owners of six commercial parcels (not individual homeowners) and covers shared parking, access, utilities, stormwater, and development rules. It is not a residential HOA or condo regime.

• What this document covers: This is a commercial property declaration for six parcels (Parcels 1–6) that are part of a shopping center. It establishes mutual easements for access, parking, utilities, and stormwater, and imposes restrictions on use and development. It does not govern residential units or homeowner conduct.
• Common facilities & easements: Common facilities include access and utility easements, asphalt parking and access areas on Parcel 3, stormwater and drainage facilities, and all driveways, parking areas, and walkways. Every parcel owner has a non-exclusive perpetual easement to use these common facilities.
• Parking & access: All parcels have perpetual non-exclusive easements for vehicle and pedestrian access over roadways, driveways, and walkways. No fence or barrier may block convenient access. The Declarant may set reasonable parking rules and designate exclusive parking areas.
• Utility easements: A 15-foot-wide utility easement runs along side and rear property lines for installing and maintaining underground utility lines (water, sewer, gas, electric, telecom). Installation requires prior written approval of the burdened owner and must be underground. The installing owner bears all costs and must restore the property.
• Stormwater management: The declaration includes stormwater covenants to comply with state permits. The maximum built-upon area (structures, pavement, etc.) for the entire property is 474,590 square feet. Each parcel must drain runoff into the permitted stormwater system. New owners of parcels not retained by the permittee must obtain separate stormwater permits before construction.
• Modification & amendment: The Declarant (Oak Ridge Properties at Porters Neck, LLC) may amend the declaration unilaterally while it owns any portion of the property. After that, amendments require a 75% vote of owners and Declarant's consent if it still owns property. No amendment may deprive a parcel of pedestrian or vehicular access without that owner's approval.
• Enforcement & remedies: Violations are declared a nuisance. The Declarant or any owner may enforce via legal proceedings, seeking injunctions, damages, and reasonable attorneys' fees. Enforcement must be uniform and without prejudice.
• What this document doesn't cover: This document does not address residential rules (pets, noise, leasing to tenants, age restrictions, or homeowner assessments). It is a commercial declaration for parcel owners, not a residential HOA or condo regime.

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.