Shipyard Commons

What Shipyard Commons's governing documents say

Shipyard Commons is a mixed-use development in Wilmington, NC, governed by a Declaration of Covenants, Conditions and Restrictions (CCRs) that run with the land. This document primarily establishes a developer-controlled architectural and use review process for each lot, rather than a traditional homeowners' association with common rules. It applies to lot owners, their lessees, tenants, and occupants.

• Architectural & use review: Every proposed use, construction, modification, or alteration of a lot must be submitted to a developer-appointed Committee for approval. The review includes conceptual, financial, schematic, and final plan stages, with detailed requirements for site plans, landscaping, building plans, and signs. The Committee may approve or disapprove for any reason, including purely aesthetic or financial reasons, in its sole discretion.
• Construction timeline & limits: Construction must commence within three months of final plan approval; otherwise, plans must be resubmitted. The maximum built-upon area per lot is 81% of the lot area, including structures, pavement, and parking but excluding raised open wood decking and swimming pool water surfaces.
• Maintenance obligations: Each owner must keep their lot and the adjacent street right-of-way area well-maintained and attractive, including daily litter removal, landscaping upkeep, exterior lighting and mechanical repairs, compliance with health/safety requirements, repainting, and repair of exterior damage.
• Common areas & assessments: Common areas are maintained by the Developer and may be used by owners, lessees, and their guests. The Developer levies annual and special assessments on each lot, based on square footage, to fund common area operation, maintenance, improvements, and enforcement. Assessments are a lien on the lot and a personal obligation of the owner.
• Leasing & subletting: Owners may lease or delegate rights and obligations to lessees by written notice to the Developer, but the owner remains fully responsible for all obligations under the Declaration.
• Developer control & amendment: The Developer retains significant control: it appoints the Committee, may annex additional property, can amend the Declaration for lots it still owns, and may form an owners' association with up to three times the voting power for its own lots. Amendments generally require approval of three-fourths of lot owners by area.
• What this document doesn't cover: This document does not establish specific use restrictions (e.g., residential vs. commercial), pet rules, parking limits, or age restrictions. It also does not create a mandatory homeowners' association with elected boards or common amenities like pools or clubhouses—those may be added later by the Developer.

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.