55 James at Midtown Homeowners Association Inc
Homeowners association — you own your lot and home; the association maintains common areas and enforces covenants.
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What 55 James at Midtown Homeowners Association Inc's governing documents say
This is the declaration of covenants, conditions, and restrictions for 55 James at Midtown, a planned community of townhomes in Apex, NC, governed by a homeowners association (HOA). It establishes the rules and obligations for all owners, residents, and tenants, covering everything from maintenance responsibilities to assessments and use of common areas.
- What you own & maintain: You own your townhome (a multi-story unit sharing party walls) and the land it sits on. The HOA handles exterior maintenance (roof, exterior walls, entry doors) and landscaping in front, side, and back yards, but you're responsible for windows, interior doors, plumbing/electrical/mechanical systems, patios, decks, stairs, driveways, and front porches (except porch roofs and decorative columns).
- Assessments & fees: All owners pay Common Assessments to cover shared expenses, including exterior maintenance, insurance, and common area upkeep. The HOA can also levy Special Assessments for unbudgeted expenses, capital improvements, or repairs, and Individual Assessments for violations or damage you cause.
- Leasing & rentals: You can rent out your townhome, but tenants must follow the same rules as owners. The HOA can suspend a tenant's use of common areas for unpaid assessments or rule violations (with proper notice and hearing).
- Architectural review: Any exterior changes to your home or lot—like additions, fences, landscaping, or paint colors—must be approved by the Architectural Review Board (ARB) before you start work.
- Common areas & amenities: You have a non-exclusive right to use the common areas (like streets, walkways, and any recreation facilities) as long as you follow HOA rules. The HOA can suspend your use rights for unpaid assessments or violations, but not your legal access or drainage rights.
- Declarant control & future development: The developer (Lennar) controls the HOA until the Declarant Control Period ends (by Jan 1, 2025, or when 75% of lots are sold, whichever comes first). The developer can add or change common areas, add more property, and modify the development plan without owner approval.
- What this document doesn't cover: This excerpt doesn't include specific rules about age restrictions, pets, parking, or rental minimums—those may be in later articles or separate rules. It also doesn't state the actual assessment amounts or the exact boundaries of common areas.
Key facts from 55 James at Midtown Homeowners Association Inc's documents
- Community type
- Planned community governed by the North Carolina Planned Community Act (Chapter 47F) (Section 1.1, Section 1.13)
- Developer / declarant
- Lennar Carolinas, LLC, a Delaware limited liability company (Opening paragraph)
- Governing law
- North Carolina Planned Community Act, Chapter 47F of the North Carolina General Statutes (Section 1.1)
- Assessments & dues
- Board sets Common Assessments to cover Common Expenses; includes reserves and Townhome Services (Section 1.12, Article 11)
- Special assessments
- Defined; may be assessed for unbudgeted expenses, capital improvements, uninsured losses, etc.; assessed against all Lots or specific benefited Lots as provided (Section 1.4.3)
- Collections & liens
- Association has lien rights under N.C. Gen. Stat. §44A; can file claims of lien; enforcement includes suspension of use rights for unpaid assessments (subject to hearing requirements) (Section 5.2.2.1, Section 7.5.2, Section )
- Reserves & fees
- Reasonable reserves for capital improvements, repairs and replacements are included in Common Expenses (Section 1.12.1)
- Architectural approval
- Architectural Review Board (ARB) created pursuant to Article 14 (not included in excerpt); architectural guidelines referenced in Governing Documents (Section 1.2, Section 1.23)
- Solar & roof
- Association has sole discretion over materials and colors for Exterior Maintenance (Section 1.20); Owner must repaint with same colors initially used or as approved by Declarant or ARB (Section 7.6) (Section 1.20, Section 7.6)
- Signs & flags
- Document states it regulates or prohibits display of political signs and the flag of the United States or North Carolina (full provisions not included in excerpt) (First page header)
- Maintenance
- Association: repair and replacement of roof, shingles, flashing, fascia, soffit, gutters, etc. (excluding structural elements) (Section 1.20.2)
- Insurance
- Each Owner must maintain: (1) property insurance on all improvements on Lot (100% of restoration costs); (2) personal property insurance; (3) liability insurance; policy must name Association as additional insured, waive subrogation, etc. (Section 8.1.1, 8.1.3)
- Use restrictions
- Implied; townhomes defined as residential dwelling units; no other use explicitly stated (Section 1.52)
- Voting & meetings
- Two classes: Class A (owners of Lots – 1 vote per townhome); Class B (Declarant – 10 votes per Class A vote); during Declarant Control Period Declarant deemed to have 80% voting interest (Section 4.2.1, 4.2.2, 4.2.3)
Community amenities
1 pool · ≈ 110 homes
Related associations
Overlaps: The Groves Townhomes Association
Nearby (within 500 m): Wood Creek HOA · Lawrence Crossing Property Owners Association · Lawrence Crossing Condominiums · Perry Road Condominium Owners Association · Broadstone Property Owners Association Inc
About this HOA
55 James at Midtown Homeowners Association Inc is a homeowners association in Apex, NC.
HOAproxy has 1 document on file for 55 James at Midtown Homeowners Association Inc: 1 CC&R. Last updated 2026-06-10.
Governing documents
- DOCC109078403 (64 pages) — PDF