Southampton Homeowners Association Inc

Key facts from Southampton Homeowners Association Inc's documents

Reflects the 1999 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowners Association (mixed with condominiums and single-family lots) (Recitals: 'create villages...condominium)

Governing law

Delaware Unit Property Act (cited in definition of Common Area and elsewhere) (Article I – Definition of Common Area: ')

Assessments & dues

Board prepares budget at least 60 days before fiscal year, delivers to Owners 15 days prior to meeting. Budget effective unless disapproved by majority of Class A or Class B members at meeting. (Section 6.3.A)

Special assessments

May be levied for capital improvements, operations, etc.; requires 2/3 vote of each class of members. (Section 6.3.E)

Collections & liens

Assessment is a continuing lien on the Unit. Association may bring legal action or foreclose lien. Personal obligation of owner at time assessment fell due. Lien subordinate to first mortgage. (Sections 6.2, 6.4, 6.5, 6.8)

Reserves & fees

Required – Board shall establish and maintain a reserve fund for replacements of Common Area. Fund may be deposited or invested in U.S. obligations. (Section 6.3.J)

Pets

Yes – dogs, cats, pet fish, and birds housed in Unit. (Section 7.27)

Leasing & rentals

Yes, but Association may adopt rules and regulations. (Section 7.29 – Rental of Units)

Parking & vehicles

Prohibited except in garage or designated area. (Section 7.25)

Fences

Only white picket fences of same type as originally installed by Developer, or approved privacy patio fences in rear yards only, not exceeding 6 feet in height, with set back required. No fences obstructing view of marsh, stream, or water b (Section 7.4 – Fences)

Architectural approval

Yes, for any building, fence, wall, other structure, change in topography, exterior addition or change. Approval required from Developer until 90% Units sold, then from Architectural Review Board of Association. (Section 7.1, 7.2.A–B)

Home business

Allowed if no stock in trade, no mechanical equipment beyond domestic/office use, no unusual traffic, no exterior indication. (Section 7.7)

Signs & flags

Only 'For Sale' signs and one contractor sign during construction; max 6 sq ft, within 15 ft of main structure, min 25 ft from front street right-of-way, one per Unit. Not applicable to subdivision identification signs or foreclosure sale p (Section 7.21 – Sign Controls)

Setbacks / home size

Per Sussex County zoning regulations and Developer/ARC approval; may require larger setback. (Section 7.12 – Setbacks and Building Lin)

Maintenance

Owner maintains structures, lawns, landscaping not Common Area; Association maintains all other Common Area (including Open Space Amenities). Developer maintains its owned portions. (Section 5.2, 5.3)

Use restrictions

Yes, except Units designated by Developer for commercial purposes or Open Space Amenities. (Section 7.6 – Residential Use of Units; )

Voting & meetings

Class A (owners) – one vote per Unit; Class B (Developer) – one vote per Unit up to 202 Units. Class B converts to Class A on earlier of Developer owning no Units/Additional Property or Dec 31, 2009. (Section 3.4 – Voting Rights)

Amenities

Open Space Amenities: trails, paths, woodland, wetlands, ponds and recreational amenities. (Article I – Definition of Open Space Ame)

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