Towns of Upchurch Farms Homeowners Association Inc

What Towns of Upchurch Farms Homeowners Association Inc's governing documents say

This is the master declaration for Upchurch Farms, a planned community in Cary, NC, that includes both single-family homes and townhomes. It creates a homeowners association (HOA) for the entire community and a separate subassociation for the townhome section. The rules here apply to all property owners, with additional rules for townhome owners in a separate document.

• What you own & maintain: You own your lot and dwelling; the association maintains common areas like open space, private streets, and stormwater facilities. The declaration requires the association to carry liability insurance of at least $1,000,000 on common areas.
• Assessments & fees: Annual assessments are capped at $420 per Class A lot (owner-occupied) and $105 per Class B lot (builder-owned) until 2002, then can rise up to 10% per year without a vote. Special assessments require a two-thirds vote of Class A members. A working capital fee equal to one-sixth of the annual assessment is due at the initial sale.
• Leasing & rentals: The declaration does not restrict leasing, but tenants may use common areas only if they occupy the residence as their principal residence in Wake County.
• Architectural review: All exterior changes require approval under the architectural control provisions (Article VIII), which are not detailed in this excerpt.
• Use restrictions: The declaration prohibits certain uses and activities (Article IX), including businesses, temporary structures, signs, and antennae, and sets a minimum dwelling size. It also restricts animals, clotheslines, garbage storage, and parking, and allows fines for violations.
• Enforcement & penalties: The association can suspend voting rights for unpaid assessments or for up to 60 days for rule infractions. Unpaid assessments accrue interest at 12% per year and become a lien on the property, subordinate to first mortgages.
• What this document doesn't cover: This is the master declaration; it does not include the separate 'Additional Declaration' for the townhome subassociation, which contains townhome-specific rules and assessments. It also omits the full architectural guidelines and detailed use restrictions.

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.