Bellingham Park Condominium

What Bellingham Park Condominium's governing documents say

This is a partial, ancillary document — a declaration of easements, rights, and restrictions between two adjacent phases of a condominium development (Bellingham Park Condominium) in Wilmington, NC. It does not contain the full condominium rules for unit owners; instead, it governs the relationship between the owners of Phase 1 and Phase 2 properties, covering shared utilities, access, parking, drainage, and amenities.

• What this document covers: This document establishes reciprocal easements and obligations between Phase 1 and Phase 2 of Bellingham Park Condominium, including utility lines, grading, access, parking, drainage, and use of amenities (clubhouse, pool, tennis courts). It does not contain the full condominium declaration or bylaws for unit owners.
• Shared amenities & cost sharing: Phase 2 owners and their tenants have a non-exclusive right to use the amenities on Phase 1 (clubhouse, pool, tennis courts). Phase 1 maintains them, and Phase 2 pays a pro-rata share based on the number of units in Phase 2 divided by total units in both phases. Phase 1 must maintain amenities to first-class condominium standards and carry liability insurance ($2M aggregate, $1M per incident) and property insurance for full replacement value.
• Utility & grading easements: Phase 2 has easements over Phase 1 for installing and maintaining utility lines (water, sewer, electric, etc.) and for grading along the shared boundary. Phase 2 must restore any disturbed areas to original condition and pay for its consumption via sub-meters or pro-rata share.
• Access & parking easements: Each phase grants the other a perpetual, non-exclusive easement for vehicular and pedestrian access over driveways, roadways, and walkways, and for parking in designated areas. No walls or barriers may obstruct access, and each owner must keep these areas open and free.
• Drainage easements: Each phase grants the other a permanent easement for stormwater drainage, with the benefiting owner responsible for repairing any damage and restoring the affected property to its original condition.
• Maintenance & repair obligations: Each owner maintains its own roadways, parking areas, sidewalks, utilities, and drainage facilities on its property, and pays its own real estate taxes. Both must comply with applicable laws and maintain their property to first-class condominium standards.
• Default & remedies: If an owner defaults on obligations (e.g., fails to pay pro-rata share), the other owner may perform the obligation after 30 days' notice and seek reimbursement with interest (prime rate + 2%), secured by a lien on the defaulting owner's property (subordinate to first mortgages). Injunctive relief and attorneys' fees are also available.
• What this document doesn't cover: This document does not contain the full condominium declaration, bylaws, or rules for unit owners (e.g., pet limits, lease restrictions, assessment amounts, or architectural guidelines). Those would be in the separate condominium declaration and association documents.

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.