Alder Creek (Johnston Co)

Key facts from Alder Creek (Johnston Co)'s documents

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

Community type

planned community (Bylaws Art. II ('a North Carolina planne)

Legal name

Alder Creek Homeowners Association, Inc. (Declaration Art. I §3)

Units / lots

90 lots (Impervious Surface Allocation limited to 4,675 sq ft per Lot allocated to 90 Lots) (Article VII, Section 4)

Developer / declarant

BEN-ALDER CREEK LLC

Governing law

North Carolina Planned Community Act (Chapter 47F of the North Carolina General Statutes) (Bylaws Art. III D)

Assessments & dues

Fixed at a uniform rate for all Lots by the Association/Board; may be collected monthly (Article VI, Section 9)

Special assessments

Allowed for capital improvements with assent of 2/3 of Members voting in person or by proxy at a duly called meeting (Article VI, Section 3)

Collections & liens

Lien on Lot for unpaid assessments after 30 days; foreclosure like a mortgage; lien subordinate to first mortgages and ad valorem taxes; extinguished if enforcement not instituted within 3 years of docketing (Article VI, Sections 1, 13, 14)

Reserves & fees

Board may create and maintain a reserve fund for periodic maintenance, repair, replacement of Common Property improvements (Article VI, Section 4)

Pets

Yes - common household pets (dogs, cats) allowed; maximum 3 dogs and cats (or combination) per Lot (Article VII, Section 12)

Leasing & rentals

Yes - Owner may lease entire residence; no portion may be leased separately (Article VII, Section 15)

Parking & vehicles

No specific parking rules except no basketball goals in street right of way; Association may regulate roadways (Article II, Section 2(c); Article VII, S)

Fences

No chain link, wire, or concrete block fences; max height 6 feet; rear fences solid wood or white vinyl; finished side faces exterior; on corner lots specific placement rules; fences along rear lot line permitted within 18 inches of rear lo (Article VII, Section 5; Article II, Sect)

Architectural approval

Yes - building plans and specifications must be submitted and approved in writing by Declarant (during control) or Board/Architectural Committee (Article IV)

Solar & roof

Solar panels allowed with Board approval (Article VII, Section 22)

Home business

Prohibited (no business or commercial purposes) (Article VII, Section 1)

Signs & flags

No signs other than 'For Sale' or 'For Rent' except as allowed by N.C.G.S §47F-3-121 (Article VII, Section 3)

Setbacks / home size

All structures must comply with setback requirements on Plats; may be varied by up to 10% with Board consent when consistent with local ordinance (Article VII, Section 4)

Maintenance

Association maintains Common Areas; Owners maintain their Lots and dwellings (Article V, Section 6(b); Article VII, Se)

Insurance

Deductibles payable by Association are common expenses; may be levied as Insurance Assessment (Article VI, Section 5)

Use restrictions

Lots are designated for separate ownership or occupancy and residential use. (Bylaws Art. II ('designated for separate)

Voting & meetings

During Declarant Control: Declarant has one vote per Lot owned plus one vote per Lot owned by others. After: each Member has one vote per Lot owned. Joint owners cast one vote as a unit; cumulative voting prohibited. (Article V, Sections 3-4)

Amendments

Amendments require 67% of votes in Association; Declarant has unilateral right to amend while owning property; challenge must be brought within 1 year (Article IX, Section 3)

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