Snows Cut Market Place
substantial declaration text with NO association/board/assessment/common-area language
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What Snows Cut Market Place's governing documents say
This is a commercial reciprocal easement and restriction document for Snows Cut Market Place, a shopping center in Wilmington, NC. It governs the use and development of four outparcels (1, 2, 4, and 9) and is intended for commercial property owners, tenants, and developers, not for residential homeowners or renters.
- Permitted & prohibited uses: The document restricts uses within 500 feet of the grocery store entrance (e.g., no restaurants, theaters, child care centers, etc.) and prohibits certain uses anywhere in the shopping center (e.g., animal raising, industrial uses, religious uses, adult entertainment). Specific restaurants are allowed with conditions (max 1 story, 25 ft height, 5 parking spaces per 1,000 sq ft, no on-premises alcohol sales exceeding 50% of revenue).
- Exclusive use area for grocery store: Within one mile of the shopping center, no outparcel owner may lease or sell property for use as a grocery store, supermarket, or convenience store, or for sale of specific items (e.g., packaged meat, produce, dairy, bakery, flowers, alcohol for off-premises consumption) without Declarant's consent.
- Easements for access & utilities: Reciprocal, perpetual easements are granted for vehicular/pedestrian ingress/egress and for utilities (sewer, stormwater drainage) among the outparcels. Each owner must maintain the easement on their parcel in commercially reasonable condition.
- Maintenance obligations: Each outparcel owner must keep their property (buildings, grounds, easements) well-maintained, including litter removal, lawn care, snow/ice removal, and parking lot striping. If they fail, Declarant may perform maintenance and charge the owner, with the cost becoming a lien.
- Design & construction standards: Buildings are limited to one story or 25 feet (except Outparcel 4 hotel). All utilities must be underground. Exterior lighting must avoid glare. Signs require Declarant's written approval. Loading docks must not face streets. Roof equipment must be screened.
- Insurance: Each outparcel owner must carry liability insurance with commercially reasonable limits and name other outparcel owners as additional insureds.
- Term & amendment: The declaration runs for an initial 20-year term, automatically renewing for two additional 20-year terms (total 60 years). Amendments require Declarant's consent and joinder of all outparcel owners and mortgagees.
- What this document doesn't cover: This document does not create a homeowners association, impose fees on residents, or regulate residential use. It is a commercial property restriction and does not address leasing terms for residential tenants, pet rules, or age restrictions.
Key facts from Snows Cut Market Place's documents
- Units / lots
- 4 outparcels: Outparcel 1 (Shopping Center), Outparcel 2, Outparcel 4, Outparcel 9 (Recital 2, Exhibit A)
- Developer / declarant
- FOOD LION, LLC, a North Carolina limited liability company (Opening paragraph)
- Governing law
- Laws of the State of North Carolina (Article IV.5)
- Collections & liens
- If an owner fails to reimburse Declarant for maintenance costs within 30 days after statement, the indebtedness becomes a debt and a lien against the Shopping Center having the attributes of a judgment lien. (Article III.9)
- Leasing & rentals
- Permitted, but subject to use restrictions and Declarant's consent for certain uses. (Article III.1(b) (prohibition on leasing)
- Parking & vehicles
- Not explicitly; but loading docks must be screened and not face street (Article III.3).
- Architectural approval
- Yes, Declarant approval required for many aspects: uses, screening, signs, building height. (Article III.1(a), III.2, III.5, III.8)
- Signs & flags
- All signs, including temporary, must be approved in writing by Declarant prior to installation. (Article III.5)
- Setbacks / home size
- Buildings shall not exceed one story or 25 feet without Declarant's prior written consent, except Outparcel 4 hotel exempt if complies with zoning. (Article III.8)
- Maintenance
- Owner responsibility (part of building maintenance). (Article III.9 (duty to keep buildings in)
- Insurance
- Each Outparcel owner shall insure its respective Outparcel for liability insurance with commercially reasonable limits and shall name the other Outparcel owners as additional insureds. (Article III.10)
- Use restrictions
- Prohibited: 'Any noxious or offensive activity which Declarant deems objectionable and adverse to the preservation of property values of the Shopping Center'. (Article III.1(c)(6))
- Amendments
- May be amended by Declarant as per Article II.7(e) (for utility easements), or otherwise by consent of all owners of Outparcels and any mortgagees. (Article IV.1, Article II.7(e))
About this HOA
Snows Cut Market Place is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Snows Cut Market Place: 1 CC&R. Last updated 2026-06-01.