Spring Creek Estates
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What Spring Creek Estates's governing documents say
Spring Creek Estates is a single-family home subdivision in Wilmington, NC, governed by a homeowners association (HOA) called The Reserve at Spring Creek HOA. This document is the full declaration of covenants, conditions, and restrictions (CC&Rs) that apply to all lot owners, residents, and their guests. It covers what you can build, how you must maintain your property, and the HOA's powers to assess fees and enforce rules.
- What you own & maintain: You own your lot and the house on it. You must maintain your dwelling, yard, and storm water improvements. The HOA maintains common areas (private streets, landscaping, drainage) and can enter your lot to fix problems if you don't, charging you the cost plus 15%.
- Architectural review: All exterior changes—buildings, fences, decks, paint colors, even tree removal—need prior written approval from the Architectural Control Committee (ACC). Houses must have at least 2,200 square feet of enclosed heated/cooled area (excluding garage, decks, porches). Vinyl siding is prohibited. The ACC has 10 days to approve or deny plans.
- Leasing & rentals: Leases must be for at least six months; no short-term or hotel-style rentals. You must lease the entire dwelling (no room rentals). The lease must state that the tenant must follow the HOA rules.
- Parking & vehicles: No parking on streets or common areas. No trucks over 3/4 ton, boats, or trailers except inside an enclosed garage. Inoperative or unregistered vehicles can be towed at owner's expense.
- Assessments & fees: All lots pay equal annual assessments (max $2,000 per lot during developer control). The HOA can increase assessments up to 20% per year without a vote; larger increases need 2/3 member approval. Special assessments for capital improvements also need 2/3 vote. A working capital fee of two months' estimated assessment is due at closing.
- Use restrictions: Lots are for single-family residential use only. No businesses, noxious activities, or anything that increases insurance rates. Signs are prohibited except as allowed by HOA rules. Garbage receptacles must be screened from view.
- Storm water & environmental rules: No more than 4,300 square feet of any lot may be covered by impervious surfaces (buildings, pavement, etc.), and the overall subdivision must stay under 25% built-upon area. Drainage swales cannot be altered without approval.
Key facts from Spring Creek Estates's documents
- Legal name
- THE RESERVE AT SPRING CREEK HOA, Inc. (Article I Section 4)
- Developer / declarant
- Seahawk Development, LLC (first mention); later §1.9 defines Declarant as Bald Eagle Development, LLC (Preamble, Article I Section 9)
- Governing law
- North Carolina Planned Community Act, Chapter 47F of the North Carolina General Statutes (WHEREAS: 'subject to the North Carolina )
- Assessments & dues
- Maximum annual assessment until end of Declaring Control: $2,000 per Lot (Article V Section 3(a))
- Special assessments
- May be levied for capital improvements; requires assent of two-thirds of votes of Members voting in person or by proxy at a meeting called with notice 30-60 days in advance (Article V Section 4)
- Collections & liens
- Annual, special, and insurance assessments are a continuing lien upon the Lot; Association may foreclose the lien; lien subordinate to first mortgage; sale or transfer under foreclosure extinguishes lien for prior assessments (Article V Sections 1, 9, 10)
- Reserves & fees
- Association may establish and collect late fees for delinquent installments (Article V Section 9)
- Leasing & rentals
- Yes, but no transient or hotel purposes; no lease for less than entire dwelling; minimum lease term six months; lease must be in writing and subject to Declaration and By-Laws; lessee default is lease default (Article IX Section 6)
- Architectural approval
- Prior written approval of Architectural Control Committee (ACC) is required for any building, garage, fence, wall, sidewalk, change in grade, site preparation, swimming pool, driveway, utility facility, mailbox, well, patio, deck, or any ot (Article VII Section 6)
- Setbacks / home size
- Minimum 2200 square feet of enclosed dwelling area (excluding garages, terraces, decks, open porches, shed type porches) (Article VII Section 7(h))
- Voting & meetings
- Two classes: Class A (all owners except Declarant) – one vote per lot; Class B (Declarant) – two votes for each Class A vote until Declarant no longer owns land or voluntarily surrenders (Article III Section 3)
- Amendments
- Amendment requires instrument recorded in New Hanover County executed by Association officers upon vote of not less than two-thirds of Lot Owners; no amendment may alter ad valorem tax obligations or affect assessment lien; certain amendmen (Article XIII Section 8)
Related associations
Nearby (within 500 m): Arjean Subdivision · Edgewater Trace · Dunbar Landing · La Foret · Egret Landing · Pointe Santa Maria · Edgewater · Marsh Oaks · Pages Creek · Oyster Point · Laurel Lea · Misty Harbour
About this HOA
Spring Creek Estates is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Spring Creek Estates: 1 CC&R. Last updated 2026-06-01.