Villages of Clearwater

Key facts from Villages of Clearwater's documents

Reflects the 1994 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Covenant / Planned Community

Legal name

Villages of Clearwater

Units / lots

Up to 211 Units (maximum for Developer's voting rights) (Article III, Section 3.4.B: 'up to a max)

Developer / declarant

Clearwater Land Ltd.

Governing law

Delaware Unit Property Act (for condominiums) (Page 1: 'condominiums...under the Delawa)

Assessments & dues

Not fixed; determined annually by Board of Directors subject to budget process and membership vote. (Article VI, Section 6.3)

Special assessments

May be levied for capital improvements, repairs, replacements, or operating costs if reserve inadequate. Requires assent of 2/3 of each class voting in person or by proxy at a meeting called for that purpose. (Article VI, Section 6.3.E)

Reserves & fees

Board shall establish and maintain a reserve fund for replacements of Common Area, funded monthly. Fund may be used for replacements, major repairs, start-up expenses, and operating contingencies. Fund may be invested in U.S. obligations or (Article VI, Section 6.3.J)

Pets

Yes, dogs, cats, pet fish, and birds are allowed as pets. (Article VII, Section 7.27)

Fences

Only white picket fences of same type as originally installed by Developer, and approved privacy patio fences in rear yards only not exceeding 6 feet in height, set back as required. Must not obstruct view of marsh/water from inside any Uni (Article VII, Section 7.4)

Architectural approval

If Developer or ARB fails to approve/disapprove within 30 days after fees paid and complete plans submitted, plans deemed approved (except matters specifically prohibited by other provisions). (Article VII, Section 7.2.C)

Home business

Permitted if no stock in trade, no mechanical equipment beyond normal domestic, no unusual parking/traffic, and no exterior indication of business. (Article VII, Section 7.7)

Setbacks / home size

Each dwelling must comply with building and setback lines established by Developer and Sussex County zoning. Individual setbacks must be approved by Developer or ARB for aesthetic value; they may require larger setbacks and may require vari (Article VII, Section 7.12)

Voting & meetings

Class A: one vote per Unit owned by non-Developer owners; Class B: Developer has one vote per Unit owned or right to submit (max 211). Class B converts to A upon Developer owning no Units/Additional Property or Dec 31, 2004. (Article III, Section 3.4)

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