Parker Falls Homeowners Assn Inc

What Parker Falls Homeowners Assn Inc's governing documents say

This is a stormwater sewer easement declaration, not a homeowners association rulebook. It grants a permanent easement over one commercial lot (Lot 3) to allow stormwater drainage from two other lots (Lots 102 and 103B) in the Lincoln Park West development in Durham, NC. It binds the owners of those specific lots, not residents or homeowners.

• What this document covers: It creates a permanent stormwater sewer easement across Lot 3, including rights to construct, operate, and maintain underground stormwater pipes, plus an ingress/egress easement for access to that area. The easement benefits Lots 102 and 103B and burdens Lot 3.
• Maintenance responsibilities: The owners of the benefited lots (102 and 103B) must maintain, repair, and replace the stormwater improvements, unless damage is caused by the burdened lot owner's negligence. If the benefited owners fail to act after 30 days' notice, the burdened owner can do the work and be reimbursed within 30 days.
• Relocation and development: The burdened lot owner may relocate the stormwater improvements at its own cost, with 60 days' notice, as long as it doesn't interfere with the benefited owners' utility service or unreasonably disrupt their operations. If the City of Durham requires redirection due to development on Lot 3, the burdened owner pays all costs.
• Enforcement and legal terms: Any lot owner can sue to enforce the declaration, and the losing party pays the prevailing party's attorney fees. The declaration is perpetual, cannot be terminated for breach, and binds all future owners. It also includes standard provisions on indemnification, subordination to mortgages, and force majeure.
• What this document doesn't cover: This is not a community association declaration. It contains no rules about homeowners, pets, leasing, architectural review, assessments, or amenities. It only addresses stormwater drainage rights among three commercial lots.

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.