Westpoint at 751 Owners Association Inc

What Westpoint at 751 Owners Association Inc's governing documents say

This is a declaration of covenants, conditions, and restrictions for Westpoint at 751, a commercial mixed-use development in Durham, NC, with retail, office, and hotel uses. It binds the owners of the seven commercial lots (not individual homeowners or renters) and is relevant to anyone buying, leasing, or developing one of those lots.

• What you own & maintain: Each lot owner is responsible for maintaining all improvements on their lot, including buildings, landscaping, and utility lines that exclusively serve their lot. The Declarant (developer) maintains the common elements—entrance drive, common drives, landscaped areas, monument sign, and stormwater facilities—funded by assessments on all buildable lots.
• Permitted uses: Lots may be used for retail sales/services, certain office uses (e.g., dentists, accountants, attorneys, banks), and hotels, but only with Declarant's consent. Lot 4 must be a full-service sit-down restaurant, and no other lot may operate a hotel while a hotel operates on Lot 3 or 6 (restriction expires 20 years after recording).
• Architectural review: All buildings and improvements must be constructed per Declarant-approved plans, which include detailed site, signage, landscaping, lighting, and grading plans. Declarant can disapprove for any reasonable reason, including aesthetics, and must respond within 15 days (10 days for resubmissions). Approval is not required for interior designs.
• Building size & height limits: Buildings on Lots 3 and 6 cannot exceed 146,000 sq ft or 89 ft in height; Lot 5 cannot exceed 42 ft; other lots (except 3, 5, 6) cannot exceed 30 ft. Retail buildings cannot exceed 85,000 sq ft, and only one building up to 45,000 sq ft is allowed on Lot 2. Parapets and similar features cannot exceed 6 ft.
• Parking: Each lot owner must maintain at least the number of parking spaces required by law, with a 20% reduction granted by the City of Durham. Parking spaces are aggregated across lots, and owners of buildable lots (except Lot 2) have a non-exclusive easement to park in each other's surface lots without charge.
• Assessments & cost sharing: Common element maintenance costs are allocated among buildable lots based on acreage (Percentage Share). Common Drive A costs are split 50/50 between Lots 2 and 3; Common Drive B costs are split 25% each among Lots 4, 5, 6, and 7. The Declarant may charge a 5% management fee on maintenance costs.
• Signage: All signage must comply with the Tenant Signage Plan, Uniformity of Design Materials, and applicable laws. Signs must be professionally made, not handwritten, and cannot be painted on buildings, flashing neon, or have exposed raceways. The Monument Sign at the entrance is maintained by the Declarant, with costs shared by all lots.
• What this document doesn't cover: This is a commercial declaration, not a residential HOA or condo rulebook. It does not address residential issues like pets, leasing terms for apartments, or age restrictions. It also does not include specific assessment amounts or a full set of rules for tenants—those would be in separate leases or rules.

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.