Tanager Court
substantial declaration text with NO association/board/assessment/common-area language
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What Tanager Court's governing documents say
Tanager Court is a single-family home community in Wilmington, NC, governed by a road maintenance declaration. This document only covers the private road and utility easements; it does not create a full homeowners association or impose rules on things like pets, rentals, or architectural standards.
- Road maintenance responsibility: Only owners of Lots 3, 4, 5 & 6 are responsible for maintaining the private road (Tanager Court) on a pro rata basis. Lots 1 and 2 have direct access to Peachtree Avenue and are not subject to road maintenance assessments or voting.
- Voting on maintenance: Record owners of Lots 3, 4, 5 & 6 meet to vote on maintenance; each lot has one vote. A majority of votes cast (in person or by proxy) approves maintenance and selects an agent to contract the work.
- Cost collection & lien: Each owner's pro rata share is due within 10 days of the meeting. Unpaid amounts can be reduced to a judgment and become a lien on the lot, foreclosable like a deed of trust.
- Dispute resolution: Any owner may challenge the maintenance vote by sending a notice for binding arbitration under the American Arbitration Association within two business days after the meeting. Arbitration costs are split pro rata if maintenance is ordered, or paid entirely by the party seeking arbitration if not.
- Road dedication to city: Owners of Lots 3, 4, 5 & 6 may vote to improve the road to city standards and petition for city acceptance. Until then, they remain responsible for maintenance.
- Easements: Each lot has an easement over the private road for ingress/egress and for utilities. The declarant also reserves utility easements across lots, provided they do not materially interfere with dwellings.
- What this document doesn't cover: This declaration does not create a homeowners association, set rules on pets, rentals, parking, architectural changes, or any other typical HOA restrictions. It only addresses road maintenance and utility easements.
Key facts from Tanager Court's documents
- Community type
- Subdivision road maintenance declaration (Overall description)
- Governing law
- North Carolina General Statutes (references to Chapter 45 and Uniform Arbitration Act) (Article III and Article III)
- Collections & liens
- Unpaid assessment may be reduced to a judgment and become a lien on the land, foreclosable as a deed of trust under Chapter 45 of the North Carolina General Statutes (Article III)
- Voting & meetings
- Each record owner of lots 3,4,5,6 has one vote per lot; lots 1 and 2 have no vote on maintenance. Majority of votes cast in person or by signed proxy required for approval of maintenance. (Article III, Section 3.1)
- Amendments
- This Declaration shall not be amended without the written agreement of all parties (Article XI)
Related associations
Nearby (within 500 m): Audubon · Oleander Office Park · Franklin Square · Lincoln Forest
About this HOA
Tanager Court is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Tanager Court: 1 CC&R. Last updated 2026-06-01.