Stirrup Creek Homeowners Association

What Stirrup Creek Homeowners Association's governing documents say

This is a declaration of easements and covenants for Stirrup Creek, a commercial/office development in Durham, NC, consisting of four tracts. It governs shared access to and use of amenity centers (fitness, conference, training rooms) among the tract owners, not a typical residential HOA. It binds the owners of the four tracts and their tenants/occupants.

• Shared amenity access: Each tract owner has a permanent, non-exclusive easement to use the amenity centers on other tracts (currently only Tract 2's amenity center exists; Tract 1 and 3 may build theirs later). Access is first-come, first-served, and the owning tract may require passes (key-cards, stickers) and charge for replacements.
• Rules & regulations: The owner of each amenity center (the 'Servient Owner') can make and enforce rules about hours, fees, and use, as long as they don't disproportionately impair other owners' rights. Rules must be provided 10 days before effective, and violations can lead to fines and liability for damages and attorney's fees.
• Cost sharing & reimbursement: Each owner pays a 'Proportionate Share' of the operating costs of each amenity center, based on rentable square footage of buildings on their tract. Invoices are due within 30 days, and unpaid amounts become a lien on the tract. Operating costs include maintenance, utilities, insurance, and a 'Fair Market Rent' for the amenity center (set at $31/sq ft for 2022-2023, then increasing 3% annually through 2033).
• Maintenance & repairs: Each owner maintains the amenity center and easement areas on their own tract to a first-class standard. If an amenity center is damaged, the owning tract must restore or clear it, and insurance proceeds are used for that purpose.
• Insurance requirements: Each owner must carry commercial general liability insurance with at least $2,000,000 per occurrence, and name other owners as additional insureds when using their amenity centers. Property insurance is required for amenity centers, and owners waive subrogation against each other.
• Use restrictions: Easement areas cannot be used for soliciting, business, religious, or political activities, or distributing printed materials without the owner's consent. No parking on another owner's tract is allowed, and no waste is permitted.
• What this document doesn't cover: This is not a full HOA rulebook. It does not cover residential use, architectural controls, pets, leasing terms, or typical homeowner obligations. It only addresses shared amenity access and related cost/insurance matters among the four tract owners.

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.