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Zzbeechtree

Cary, NC

TypeHOA

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What Zzbeechtree's governing documents say

This is the amended and restated declaration of covenants, conditions, and restrictions for Beechtree of Cary, a planned unit development (PUD) in Cary, North Carolina, with a homeowners association (HOA). It governs single-family lots, fence lots, an apartment tract, and undeveloped property, and applies to all owners and residents within the community.

What you own & maintain: Owners are responsible for maintaining their dwelling and lot, including painting, roofs, gutters, lawns, and trees. The association maintains the common area and fences on designated fence lots, and may perform exterior maintenance on lots if owners fail to do so after notice.
Leasing & rentals: Leases of lots must have an initial term of at least six months and require prior written approval from the Board of Directors. Owners remain responsible for compliance with the declaration, and tenants must comply with all governing documents.
Architectural review: Any exterior changes—including buildings, fences, paint colors, plantings, or grading—require prior written approval from the Board or an architectural committee. If no decision is made within 45 days of submission, approval is deemed granted.
Assessments & fees: Annual assessments were capped at $84 per lot through 1990, with increases allowed up to 10% per year by the Board, or higher with a two-thirds member vote. Special assessments for capital improvements and fences may be levied. Late payments incur a $20 fee and interest up to 12%.
Use restrictions: Lots are limited to single-family residential use, with occupancy by owners, immediate family, approved tenants, or other Board-approved occupants. No noxious activities, commercial animal keeping, or unattended pets outside improvements are allowed. Exterior antennas require Board approval.
Common area & amenities: Owners have an easement to use the common area, which the association maintains. The association may charge fees for recreational facilities, suspend voting rights and facility use for unpaid assessments, and impose rules for common area use.
What this document doesn't cover: This document does not specify the exact current assessment amounts, pet limits, or specific architectural guidelines—those are set by the Board. It also does not cover rules for the apartment tract's internal operations or any rental restrictions beyond the six-month minimum.

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.

Key facts from Zzbeechtree's documents

Reflects the 1990 governing documents — figures and rules are as originally recorded and may have changed since.

Community type: Planned Unit Development (PUD) with single-family residential lots and an apartment tract (Article IX Section 2; Article I Section )
Legal name: Beechtree of Cary Homeowners Association
Developer / declarant: Pro-Del Properties, Inc., Key Homes, Inc., Rhein-Carolina Associates, and other unnamed individual owners (Recitals A)
Governing law: North Carolina law (referenced for foreclosure of Deeds of Trust) (Article V Section 10)
Assessments & dues: Not to exceed $84.00 per Lot and $84.00 per Fence Lot through December 31, 1990; apartment assessment is 3/10 of Lot assessment (Article V Section 3(a))
Special assessments: For capital improvements; requires 2/3 vote of members voting in person or by proxy; Apartment Tract limited to 20% of annual assessment without owner consent unless due to negligence (Article V Section 4)
Collections & liens: Assessments are a continuing lien on the property; Association may foreclose in same manner as Deeds of Trust; lien subordinate to first mortgages (Article V Sections 1, 10, 11)
Reserves & fees: Payments and obligations to reserve accounts established by the Association are Common Expenses (Article I Section 10(d))
Pets: Dogs, cats, or other household pets allowed if not for commercial purposes and in compliance with laws and Board rules (Article IX Section 4)
Leasing & rentals: Yes, with Board approval; lease must be in writing with initial term of at least 6 months (Article IX Section 2(c))
Fences: Fences on Fence Lots maintained by Association; special assessments for fence repair/replacement (Article I Section 6; Article V Section 5)
Architectural approval: Yes, for any improvements, alterations, repairs, change of paint colors, plantings, excavations, changes in grade, or other exterior work (Article VI Section 2)
Maintenance: Owner responsible for roof maintenance and replacement (Article VII Section 3)
Use restrictions: Lots limited to single-family residential purposes; occupancy limited to Owner, immediate family, approved tenant (minimum 6-month lease), or other Board-approved occupancies (Article IX Section 2)
Voting & meetings: Class A: one vote per Lot; Class B: 3/10 vote per apartment on Apartment Tract (Article IV Section 2)
Amendments: Requires approval of at least 70% of entire membership; executed by officers; recorded in Wake County Registry (Article XIII Section 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.