Ellerbee Creek Preserve Homeowners Association

What Ellerbee Creek Preserve Homeowners Association's governing documents say

Ellerbee Creek Preserve is a single-family home HOA in Durham, NC, governed by a Declaration of Covenants, Conditions, and Restrictions. This document sets out the rules for homeowners, including assessments, architectural control, leasing, and use of common areas. It is the full rulebook for the community.

• Assessments & fees: Annual assessments start at $240 per lot (or $20/month) and can increase up to 5% per year without a membership vote; a 2/3 vote of each class is needed for increases above 5%. Special assessments for capital improvements require a 2/3 vote. Assessments are a lien on the lot, and unpaid assessments accrue 6% annual interest plus collection costs.
• Leasing & rentals: Owners may lease or sublet, but leases must be for at least six months, in writing, and include a clause requiring the tenant to comply with the Declaration and association rules.
• Architectural review: Before making exterior changes (buildings, fences, signs, walls, play equipment, major landscaping), owners must submit plans to the Declarant (or later the Board/Architectural Committee) for written approval. If no response within 30 days, approval is deemed given. A processing fee up to $100 may be charged.
• Common areas & maintenance: The association owns and maintains common areas, including stormwater facilities. Owners have an easement to use common areas, but the association can suspend use for unpaid assessments or rule violations. Owners are responsible for maintaining their own lots and must keep them orderly.
• Enforcement & penalties: The association can impose fines (treated as special assessments and liens), suspend voting rights and recreational facility use, and use self-help (e.g., towing vehicles) for violations. The prevailing party in enforcement actions can recover attorney's fees.
• Amendments & duration: The covenants run with the land for 20 years from recording (2006), then auto-renew for successive 10-year periods. Amendments require approval of 80% of lot owners, except certain provisions (like stormwater article) may require Declarant consent.
• What this document doesn't cover: This excerpt does not include the association's bylaws, rules and regulations, or architectural guidelines, which are separate documents. It also doesn't specify pet rules, parking restrictions, or age 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.