Garrett Farms Homeowners

Key facts from Garrett Farms Homeowners's documents

Reflects the 2024 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Covenant / Planned Community

Legal name

Enclave on Garrett Community Association, Inc. (Section 2.4)

Developer / declarant

The Enclave on Garrett, LLC, a North Carolina limited liability company (Preamble)

Governing law

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

Assessments & dues

Board prepares and approves budget at least 60 days before fiscal year; Base Assessments levied equally against all Lots to fund Common Expenses; Board may consider anticipated additional Lots (Section 9.3)

Special assessments

May be levied for unbudgeted or excess expenses; requires affirmative vote/written consent of majority of Board and Declarant's consent during Declarant Control Period; payable as Board determines, may be in installments (Section 9.4)

Collections & liens

Unpaid assessments for 30+ days secured by lien on Lot when Association files claim of lien in Durham County clerk of court (if required by law, otherwise automatic); lien superior to all others except prior recorded liens and real estate t (Section 9.2)

Reserves & fees

Budget shall include contributions to reserve fund for repair/replacement of capital assets, based on separate reserve budget considering number/nature of replaceable assets, expected life, and expected repair/replacement cost (Section 9.3)

Leasing & rentals

Yes; no rule may prohibit leasing or transfer or require consent for leasing/transfer; Association may require minimum lease term of 6 months and otherwise regulate leasing, except for FHA/VA-insured mortgages or where prohibited by law (Section 4.5.3)

Parking & vehicles

Only licensed and operative vehicles classified as passenger cars, station wagons, passenger pick-up trucks, or passenger vans may be regularly parked in driveways; recreational vehicles must be screened from view; no vehicle used as dwelli (Section 4.3.8)

Architectural approval

Yes; no structure or thing (including fences) placed, erected, or installed, and no improvements or work (staking, clearing, excavation, grading, exterior alterations, planting/removal of landscaping) without approval; no approval needed fo (Section 5.1)

Home business

Home business use ancillary to primary residential use is permitted, subject to Rules and Regulations and applicable laws (Section 4.1)

Signs & flags

No signs, billboards, or advertising displayed to public view on any Lot, right of way, or Common Areas; exceptions: Declarant's marketing/construction/informational signs; professionally prepared signs advertising a Lot for sale or rent, n (Section 4.3.4)

Insurance

Reasonable deductible allowed; treated as Common Expense; if loss due to Owner's negligence/willful misconduct, Board may assess full deductible against that Owner as Specific Assessment (Section 7.1.4)

Use restrictions

Lots and Common Areas shall be used for residential and related purposes only; Declarant, Association, and approved builders may maintain business/management offices, information centers, model homes, and sales offices (Section 4.1)

Voting & meetings

Class A Members (all Owners except Declarant): one vote per Lot, no more than one vote per Lot regardless of number of Owners. Class B Member (Declarant): three votes for each Lot it owns plus one vote for each Lot owned by others; converts (Section 3.3)

Amendments

Not fully specified in this document; Declaration may be amended per its terms and the Planned Community Act (Article I, Section 2.13)

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