Smith Creek Village

Key facts from Smith Creek Village's documents

Reflects the 2005 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

townhome (Name: Smith Creek Village Townhome Assoc)

Governing law

North Carolina Planned Community Act (47-F) (Article XI, Section 1)

Assessments & dues

Board of Directors fixes annual assessment amount at least 30 days in advance; if increase exceeds 10% over current year, must be approved by 2/3 of owners voting at a meeting. (Article V, Sections 3 and 9)

Special assessments

For capital improvements: requires assent of not less than two-thirds of votes of each class of members. For exterior maintenance of lots: same requirement. (Article V, Section 5; Article VIII, Sect)

Collections & liens

All assessments, together with fines, interest, costs, attorneys' fees, and other charges, are a continuing lien on the lot. Association may foreclose lien in same manner as mortgage under North Carolina statutes. Lien subordinate to first (Article V, Sections 1, 10, 11)

Reserves & fees

$15.00 per month for monthly assessments not received by the 15th of each month. Also late charge at uniform rates set by Board. (Article V, Section 10)

Pets

Yes, dogs, cats, or other household pets may be kept if not for commercial purposes, properly leashed and personally escorted. Board may determine if pet is a nuisance and order permanent expulsion. (Article IX, Section 8)

Architectural approval

Board or committee has 30 days after plans submitted to approve or disapprove; if no action within 30 days, approval deemed granted. (Article VII, Section 1)

Maintenance

Association provides exterior maintenance including roofs, gutters, downspouts, exterior building surfaces. (Article VIII, Section 1)

Insurance

Deductibles payable by the Association upon loss shall be a common expense. (Article XI, Section 7(c))

Use restrictions

All lots shall be used for residential purposes except that Declarant may use for sales, rentals, offices, models, or other usage for selling or leasing lots and clubhouse until all lots are sold. (Article IX, Section 1)

Voting & meetings

Two classes: Class A (owners other than Developer) - one vote per lot or living unit; Class B (Developer) - three votes per lot or living unit until conversion. Class B membership ends at earlier of: (a) 90% lots conveyed to non-Developer o (Article III, Section 2)

Amendments

During first 20 years, amendment requires vote of not less than 67% of each class of members at a meeting with at least 30 days' written notice. Thereafter, same percentage. Must be recorded in New Hanover County. Matters requiring greater (Article XI, Section 3)

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