Arbor Creek Community Association, Inc.
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What Arbor Creek Community Association, Inc.'s governing documents say
Arbor Creek is a master-planned community in St. James, NC, governed by a master homeowners association (HOA) with potential sub-associations called Neighborhood Associations. This document is the master declaration of covenants, conditions, and restrictions (CC&Rs) that applies to all property owners, including owners of single-family homes, townhomes, and condominium units within the community. It establishes the rights and obligations of owners, the association, and the developer (Declarant), covering assessments, use restrictions, architectural control, and enforcement.
- What you own & maintain: You own your individual Unit (lot, house, or condominium unit). The Association maintains the Common Area (shared land, roads, landscaping, and amenities) and the Area of Common Responsibility, funded by assessments. Owners are responsible for maintaining their own Units and any Exclusive Common Areas assigned to them.
- Assessments & fees: There are four types of assessments: Base Assessments (common expenses for all Units), Neighborhood Assessments (for benefits to a specific neighborhood), Special Assessments (for emergencies or compliance costs), and Benefitted Assessments (for services benefiting only certain Units). Assessments are a lien on the property and personal obligation of the owner. Late payments accrue interest at the maximum rate allowed by North Carolina law, plus costs and attorney's fees.
- Use restrictions: Units are for single-family residential use only. No business, trade, or commercial activity is allowed unless it is home-based and not detectable from outside. No temporary structures (tents, mobile homes) without approval. No recreational vehicles, boats, or commercial vehicles may be kept on a Unit unless stored in a garage or in a designated storage area. No window air conditioning units without approval. Exterior lighting, sculptures, fences, playground equipment, and tree removal require prior architectural review approval.
- Architectural review: All exterior improvements, alterations, and construction must be approved by the Architectural Review Board (ARB) in accordance with the Design Guidelines. The ARB may grant variances for hardship or aesthetic reasons. If no decision is made within 50 days of a complete application, the application is deemed approved. Violations may result in removal at the owner's expense, with costs assessed as a Special Assessment.
- Leasing & rentals: The document does not impose a minimum lease term or restrict the number of rentals. However, owners are responsible for ensuring their tenants comply with all governing documents. Leases are subject to the same use restrictions (e.g., single-family occupancy).
- Pets: The document does not specify a pet limit or type restriction. However, pets must be kept in compliance with general nuisance and noise provisions, and any animal enclosures (dog runs, pens) require architectural approval.
- Parking & vehicles: Recreational vehicles, boats, and commercial vehicles may not be kept on a Unit unless stored in a garage or in a designated storage area provided by the Declarant. No on-street parking restrictions are specified in this document.
- Developer rights & transition: The Declarant (developer) retains special rights, including the ability to annex additional property, appoint directors, and amend the declaration unilaterally until December 31, 2025. The Class B membership (Declarant) gives it 10 votes per Unit it owns, and this membership terminates when Class A votes outnumber Class B votes for 360 days, or on December 31, 2025, whichever comes first.
Key facts from Arbor Creek Community Association, Inc.'s documents
- Community type
- Planned community with single-family attached/detached residences, condominium units, townhouse units, cluster homes, patio/zero lot line homes (Article I – Definition of 'Unit' (exact )
- Developer / declarant
- The Declarant is referenced throughout (likely the original developer); specific name not given in visible text (Implicit; see 'Declarant' in Articles II)
- Governing law
- North Carolina law (implied by references to 'North Carolina law' and 'Brunswick County') (Article X, Section 7 (lien enforcement u)
- Assessments & dues
- Board of Directors authorizes assessments; four types: Base, Neighborhood, Special, Benefitted (Article X, Section 1 (page 15): 'There a)
- Special assessments
- Yes, Special Assessments can be levied for emergencies, to reimburse for compliance costs, etc. (Article X, Sections 5(a) and 5(b) (page )
- Collections & liens
- Assessments constitute a continuing lien on the Unit, prior and superior except taxes and first mortgages. Association may foreclose in accordance with NC law. Association may bid at sale, acquire, hold, lease, mortgage, and convey unit. (Article X, Section 7 (pages 18-19): 'Suc)
- Reserves & fees
- Late charges and interest allowed (specific amounts not given) (Article X, Section 7: 'All assessments, )
- Pets
- Not explicitly stated; no pet section found in visible text (No provision found (pages searched up to)
- Leasing & rentals
- Not explicitly stated; lessees are mentioned in context of Common Area use rights (implicit that leasing is allowed) (Article II, Section 2 (page 5): 'Any Own)
- Parking & vehicles
- Recreational vehicles, boats, commercial vehicles shall not be kept on any unit unless kept in a garage or specifically approved in writing by Declarant. Declarant shall make an area for storage available. (Article XIII, Section 31 (page 25): 'No )
- Fences
- No hedges, walls, dog runs, animal pens, or fences of any kind permitted on any Unit except as approved by ARB (Article XIII, Section 24 (page 24): 'No )
- Architectural approval
- Yes – Architectural Review Board (ARB) must approve all construction, alterations, landscaping changes, etc. (Article XI, Section 2 (page 20): 'No bui)
- Home business
- Permitted if not detectable from outside, conforms to zoning, no regular client visits, consistent with residential character (Article XIII, Section 25 (page 24-25): ')
- Signs & flags
- Exterior sculpture, flags, birdhouses, mailboxes, etc. require ARB approval (implied signs likely included) (Article XIII, Section 20 (page 24): 'No )
- Maintenance
- Association responsible for Area of Common Responsibility (common areas, roadways, landscaping); Owner responsible for Unit maintenance (implied). Party wall repairs shared equally. (Article V, Section 1 (page 9): Associati)
- Insurance
- Association shall obtain blanket 'all-risk' property insurance for all insurable improvements on Common Area and other portions of Area of Common Responsibility. If not available, at minimum fire and extended coverage including vandalism. F (Article VI, Section 1 (page 11): 'shall )
- Use restrictions
- Yes – Properties shall be used for residential, recreational, limited (garbled) – but overall residential primary (Article XIII, Section 1 (page 22): 'The )
- Voting & meetings
- Two classes: Class A (all owners except Declarant) and Class B (Declarant). Class B has ten votes per unit it owns. Class B terminates upon earlier of (i) 30 days after Class A votes outnumber Class B for 360 days, (ii) Declarant's discreti (Article III, Sections 3(a) and 3(b) (pag)
- Amendments
- This Declaration may be amended by vote of members representing a majority of total Class A votes and Class B member (while exists). Article IX may not be amended without prior written consent of Declarant before Class B expiration. (Article IV, Section 3 (page 8): rules ma)
About this HOA
Arbor Creek Community Association, Inc. is a homeowners association in St. James, NC.
HOAproxy has 1 document on file for Arbor Creek Community Association, Inc.: 1 recorded document. Last updated 2026-07-11.