Somersett Place

What Somersett Place's governing documents say

Somersett Place is a standard single-family homeowners association (HOA) in Wilmington, NC. Every lot owner automatically becomes a member of the Somersett Place Homeowners Association, Inc. and must pay assessments. The association maintains common areas (including recreational facilities like a pool and clubhouse) and enforces rules. This document is the full declaration of covenants, conditions, and restrictions (CC&Rs) that govern the subdivision.

• What you own & maintain: You own your lot and dwelling unit in fee simple. You are responsible for cleaning, maintaining, repairing, and replacing all portions of your lot and unit, including exterior appearance (no painting or alteration without written association consent). The association maintains common areas, including private roadways, sidewalks, landscaping, recreational facilities, and utility infrastructure serving multiple units.
• Assessments & fees: All lot owners (except the developer during the development period) pay regular monthly assessments to cover common expenses. A one-time working capital assessment of $250 is due at initial purchase from the developer. Special assessments may be levied for capital improvements exceeding $25,000 per item or $50,000 per year, but require a two-thirds vote of members (including developer consent during development period). Late payments incur interest at 10% per year and a late charge of the greater of $20 or 20% of the delinquent amount.
• Use of common areas: Each owner has an easement to use common areas, including recreational facilities (swimming pool, clubhouse with exercise room). The board may suspend use rights for up to 60 days for rule violations or non-payment of assessments. Owners may extend use to family, tenants, guests, and contract purchasers.
• Leasing & rentals: The declaration does not impose a minimum lease term or restrict the number of rentals. Tenants have a non-transferable right to use common areas. Owners are responsible for their tenants' compliance with rules.
• Architectural control: No exterior alteration, painting, or change of appearance of your dwelling unit is allowed without the association's written consent. All maintenance and repairs must comply with association rules, including architectural control and visual harmony.
• Enforcement & liens: The association may levy fines for violations and file a lien for unpaid assessments, which can be foreclosed like a mortgage. The lien automatically arises without recording. The association can recover reasonable attorneys' fees and collection costs.
• Developer rights: The developer (Somersett Development, Inc.) retains control during the development period (up to 10 years, renewable). The developer has Class B membership with voting rights, can appoint directors, and is exempt from regular assessments on unsold lots. The developer may also add lots and annex additional property.

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.