Avery Farm

Key facts from Avery Farm's documents

Reflects the 2018 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

HOA (homeowners association) (Throughout; Association defined as nonpr)

Units / lots

20 (Lots 1-20) (Article I, Section 1(aa))

Developer / declarant

Techtwood Branch, LLC, a North Carolina limited liability company (Recitals, page 64; Article I, Section 1()

Governing law

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

Assessments & dues

For 2018: $240 per Lot/Living Unit. Maximum annual assessment for subsequent years: 110% of prior year's annual assessment. (Article II, Section 3)

Special assessments

For capital improvements: requires 2/3 vote of each class of members. Board may declare special assessment up to $500 per Lot/Living Unit, not more than once every 5 years, unless 90% of each class votes to reject. (Article II, Section 9)

Collections & liens

Unpaid assessments after 30 days become lien on Lot upon filing claim of lien per G.S. 47F-3-116. Lien enforceable by foreclosure. Personal obligation of owner at time assessment became due; subsequent owner not personally liable unless ass (Article II, Section 4; Article II, Secti)

Reserves & fees

Common expenses include allocations to reserve funds. Budget should include monies for reserve funds. (Article I, Section 1(i)(9); Article II, )

Pets

Usual household pets only, with restrictions: no more than 4 dogs; no commercial breeding; must be housed inside; must be in approved fence enclosure; no chaining; no excessive noise; leash required off premises; no pet runs; no pot-belly p (Article VIII, Section 13)

Leasing & rentals

No specific leasing restrictions extracted. Tenants are mentioned but not lease terms. (Article III, Section 2 (delegation of us)

Parking & vehicles

No parking on public streets after notification from Declarant or Town. Restriction applies only to Owners, family, tenants. (Article VIII, Section 8)

Fences

Requires written approval of design, color, location. Declarant may establish Uniform Fence Regulations. Privacy fencing required for swimming pools. (Article VII, Section 2(f); Article VIII,)

Architectural approval

Yes, before erecting or altering any building or structure, including exterior color/finish. Also for signs, fences, mailboxes, driveways, walks, landscaping plans may be required. (Article VII, Section 2(a); (c); (e); (f))

Signs & flags

No signs on Lot without written approval of size, color, content, number, location. Customary builder signs exempt. Declarant may establish Uniform Sign Regulations. Right to summarily remove violating signs at owner's expense. (Article VII, Section 2(c))

Setbacks / home size

Setback requirements per Town of Clayton Subdivision Regulations in effect at time of construction. (Article VIII, Section 5)

Insurance

Each owner must maintain fire and hazard insurance at full insurable value of Living Unit (replacement cost). If owner fails, Board may obtain insurance and charge to annual assessment with lien. (Article X, Section 2)

Use restrictions

Single-family residential purposes only. Builder may use as temporary sales office/model. (Article VIII, Section 1)

Voting & meetings

Two classes: Class A (all owners except Declarant) – 1 vote per Lot; Class B (Declarant) – 5 votes per Lot (until conversion). Fractional voting prohibited. (Article VI, Sections 1-2)

Amendments

Declarant may amend while owns at least one Lot; after, requires 67% of Lot owners. Amendment effective upon recording or later date specified. County approval required if required by Code. (Article XII, Section 6)

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