Brandywine Homeowners Association of Cary Inc

Key facts from Brandywine Homeowners Association of Cary Inc's documents

Reflects the 2007 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Exclusive residential community of detached single-family homes (WHEREAS clauses)

Legal name

Brandywine Homeowners Association of Cary, Inc.

Units / lots

Lots 44-83 inclusive (40 lots) in Phase 1 (Exhibit A)

Developer / declarant

The Drees Company d/b/a The Drees Homes Company, a Kentucky corporation (Opening paragraph; Article I, Section 6)

Governing law

North Carolina Planned Community Act (Chapter 47F of the North Carolina General Statutes) (Article I, Section 1)

Assessments & dues

Maximum Annual Assessment until December 31, 2007: $480.00 per Class A Lot (Article V, Section 3)

Special assessments

Special assessments for capital improvements, extraordinary maintenance, or foreclosure purchases require assent of 2/3 of votes of each class of Members voting in person or by proxy at a meeting. Board may declare a Special Capital Assessm (Article V, Section 5)

Collections & liens

Unpaid assessments, interest, late charges, costs, and reasonable attorneys' fees are a continuing lien on the Lot and personal obligation of the owner at the time assessment fell due. Association may foreclose lien. Lien subordinate to fir (Article V, Sections 1, 7, 8)

Reserves & fees

Working capital fund established to meet unforeseen expenditures or acquire equipment/services (Article V, Section 10)

Leasing & rentals

Yes, Owner may lease or sublet dwelling (Article III, Section 3)

Fences

Fences require architectural approval; sight distance easement prohibits walls, fences, foliage, berms, parked vehicles, signs, or obstructions between 2 and 8 feet tall above curb line (Article VIII; Article VII, Section 7)

Architectural approval

Yes, for any building, fence, sign, wall, or other structure, exterior addition/change/alteration, or major landscaping/relandscaping after occupancy (Article VIII)

Solar & roof

Architectural Guidelines may establish exterior color or finish, roofing material, siding material, driveway material, etc. (Article VIII)

Signs & flags

No building, fence, sign (including unit identification signs), wall, or other structure shall be commenced, constructed, erected, or maintained without approval of Declarant (architectural control) (Article VIII)

Maintenance

Association responsible for Common Area maintenance, including stormwater facilities; Owners responsible for their Lots and any Common Area easements on their Lots (Article IV, Section 4)

Insurance

Association shall procure and maintain liability insurance of at least $1,000,000, full replacement value hazard insurance on real and personal property owned by Association, and officers', directors', and employees' liability insurance (Article IX, Section 8)

Use restrictions

Property is an exclusive residential community of detached single-family homes (WHEREAS clauses)

Voting & meetings

Class A Members (owners of all lots except Class B): one vote per lot. Class B Member (Declarant): three votes per lot owned during Declarant Control Period; after that, one vote per lot. Fractional voting not allowed; no more than one vote (Article III, Section 2)

Amendments

During first 25 years, amendment requires instrument signed by Owners of at least 80% of Lots; thereafter, 75% of Lots. Declarant may amend during Declarant Control Period to conform to governmental law/regulation without Member consent. Mu (Article IX, Section 3)

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