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Kirkwallvillas

Garner, NC

TypeHOA

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What Kirkwallvillas's governing documents say

Kirkwall Villas is a townhome community in Garner, NC, governed by a homeowners association (HOA). This declaration of covenants, conditions, and restrictions (CC&Rs) applies to all lot owners, who are automatically members of the HOA. It covers property rights, maintenance responsibilities, assessments, and use restrictions.

What you own & maintain: You own your lot and dwelling, but share responsibility for party walls and roofs with adjoining owners. You must maintain your unit's exterior, including sidewalks on your lot, and the HOA maintains common areas, private streets, and drainage easements.
Assessments & fees: Annual assessments start at $40 per lot, can increase up to 10% per year without a vote, and higher increases require a 2/3 vote. Special assessments for capital improvements also require 2/3 approval. Unpaid assessments accrue 20% annual interest and become a lien on the property.
Architectural review: Any exterior changes—including construction, fences, paint colors, landscaping, or grading—require written approval from the Architectural Review Board. If the board doesn't respond within 30 days, approval is deemed given.
Parking & vehicles: Each lot is entitled to two parking spaces. The HOA can assign one space per dwelling and regulate parking of boats, campers, trailers, and tents. No vehicles may be parked in street rights-of-way.
Pets & animals: Dogs, cats, and other household pets are allowed, but not for commercial purposes. Livestock and poultry are prohibited.
Use restrictions: Properties are for residential use only. No obnoxious or offensive activities are allowed, and all dwellings must be at least 960 square feet (excluding open porches and decks).
What this document doesn't cover: This is the declaration only; it doesn't include the HOA's bylaws, rules and regulations, or current fee amounts. It also doesn't specify any age restrictions or rental policies beyond general residential use.

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.

Key facts from Kirkwallvillas's documents

Reflects the 1983 governing documents — figures and rules are as originally recorded and may have changed since.

Community type: Covenant / Planned Community
Legal name: Kirkwall Villas Homeowners Association, Inc. (Article I Section 1)
Developer / declarant: Bell Properties, Inc., a North Carolina corporation (Preamble)
Assessments & dues: Maximum annual assessment $40.00 per lot until January 1 of year following first lot conveyance (Article V Section 3)
Special assessments: Association may levy special assessments for capital improvements with 2/3 vote of members voting in person or by proxy, with 30-60 days written notice (Article V Section 4)
Collections & liens: Assessments are a continuing lien on property and personal obligation of owner; Association may bring action at law; lien subordinate to first mortgages and ad valorem taxes; foreclosure extinguishes prior assessment liens (Article V Sections 1, 8, 9)
Pets: Dogs, cats, or other household pets may be kept, provided not for commercial purposes; no animals, livestock or poultry of any kind otherwise (Article IX Section 4)
Architectural approval: No site preparation, construction, installation of improvements (including residences, outbuildings, fences, walls, signs, antennas, landscaping, planting, clotheslines, changes in exterior paint colors, excavation, grade changes) without w (Article VII Section 2)
Setbacks / home size: No dwelling shall be constructed or permitted to remain with main structure area (exclusive of open porches and decks) less than 960 square feet (Article IX Section 5)
Maintenance: Costs of reasonable repair/maintenance of roof shared by each owner in proportion to area on their lot; if destroyed, owner with use must restore, others contribute proportionally (Article VI Section 1)
Use restrictions: All property designated for residential use shall be used exclusively for residential purposes, except temporary Declarant offices and model townhouse (Article IX Section 2(a))
Voting & meetings: For assessment actions: 60% of votes of each class constitutes quorum; subsequent meeting quorum is 1/2 of required quorum, no more than 60 days later (Article V Section 6)
Amendments: May be amended by instrument signed by owners of not less than 90% of dwelling units/lots; Board may amend to correct obvious errors without owner consent (Article XII Section 4)

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