Cape Fear Station

What Cape Fear Station's governing documents say

Cape Fear Station is a planned unit development of 12 single-family lots on Bald Head Island, NC. This declaration of covenants, conditions, and restrictions (CC&Rs) binds all current and future lot owners. The community is still under developer control, and a property owner's association may be formed later.

• Use restrictions: All lots are restricted to single-family residential use only. No commercial use is allowed, though home offices are permitted if they don't induce traffic, require signage, or include retail space. No living unit may be occupied by more than one family (or one family with guests). Renting the primary residence while occupying an ancillary structure (or vice versa) is prohibited, as is renting to two or more rental parties.
• Building & lot restrictions: Minimum heated square footage per primary building is 1,300 sq ft (except Lot 3810: 1,100 sq ft); maximum is 3,500 sq ft. Maximum building height is 35 feet. Setbacks: 10 ft front and side abutting public right-of-way, 5 ft rear and non-abutting side. Each lot has a maximum allowable built-upon area (impervious surfaces) as listed in Exhibit A (ranging from 2,375 to 3,050 sq ft). A 30-foot vegetated buffer must be maintained between impervious areas and surface waters.
• Architectural review: The Declarant (or its assigns) has the right to establish architectural standards, design guidelines, and building/site restrictions, and may create an Architectural Review Committee (ARC) to review and approve all improvements. All construction is subject to Declarant's approval.
• Pets: Only domestic household pets (e.g., dogs and cats) are allowed, provided they are attended as required by Village ordinances and not kept for commercial purposes. No animals, livestock, or poultry are permitted.
• Property owner's association: The Declarant reserves the right to form a property owner's association, annex the lots to an existing association, or merge with another association, at its sole discretion, on or before December 31, 2025. If formed, each lot owner will be a voting member and must pay dues and assessments as determined by the association. Dues will generally be uniform per lot but may be assessed differently for lots that receive specific benefits.
• Enforcement & remedies: The Declarant, any association, and any lot owner may enforce the covenants through legal action. The prevailing party is entitled to costs and attorney fees. The association may impose fines, suspend voting rights, suspend use of common areas, and suspend services for violations or delinquencies. Self-help (entry onto a lot to cure violations) is also permitted.
• Amendment: The Declarant may amend the covenants unilaterally before any lot is sold to a third party, and may also amend without joinder to correct errors, clarify ambiguities, or add incidental provisions. Otherwise, amendments require approval of 75% of lot owners.
• Stormwater management: Each lot has a maximum allowable built-upon area (impervious surfaces) as listed in Exhibit A. Vegetated buffers and roof drain setbacks are required. These stormwater covenants may be enforced by the State of North Carolina and cannot be altered without state consent.

Plain-language summary generated from the governing documents on file for this community. It may be incomplete and is not legal advice — read the full documents below or consult the official recorded versions.