Downing Creek
Homeowners association — you own your lot and home; the association maintains common areas and enforces covenants.
association language present (entity×41, governance×5)
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What Downing Creek's governing documents say
Downing Creek is a single-family home HOA in Wilmington, NC. This declaration governs Phases I and IA, covering lots 1–26. It sets rules for homeowners, including architectural controls, use restrictions, and mandatory HOA assessments.
- What you own & maintain: You own your lot and single-family dwelling. The HOA maintains common areas, stormwater drainage, and utility easements. You must maintain your lot and buildings; the HOA can enter for repairs and charge you if damage is your fault.
- Architectural review: All exterior changes (houses, fences, landscaping) need written approval from the Declarant or an Architectural Control Committee. Houses must be at least 1,800 sq ft enclosed, no closer than 10 ft to property lines, and completed within 12 months. Only one single-family dwelling (max 2 stories) plus accessory buildings allowed.
- Assessments & fees: Annual assessments are set by the Board, can increase up to 5% per year without a vote, and initially capped at $900 per lot. Special assessments for capital improvements require 2/3 member vote. Assessments are a lien on your property; unpaid amounts accrue interest and can be foreclosed.
- Use restrictions: Lots are for single-family residential use only. No noxious activities, temporary structures, or recreational vehicles (boats, campers, trailers) without written consent. No inoperable or unregistered vehicles, no tractor-trailers. Pets allowed but must be leashed and not for commercial purposes.
- Leasing & rentals: The document does not address leasing or rental restrictions. No minimum lease term or rental caps are mentioned.
- Parking & vehicles: Off-street parking for at least 2 cars must be provided before occupancy. No recreational vehicles, inoperable vehicles, or tractor-trailers on lots or streets without HOA consent.
- Utilities & services: Water must come from Cape Fear Utilities; no private wells for household use. Sewer is via New Hanover County. All lots must use these services. Street lighting may be contracted with Carolina Power & Light, with costs passed to homeowners.
- What this document doesn't cover: This declaration does not specify age restrictions, rental limits, pet limits (beyond leashing), or any amenities like pools or clubhouses. It is a foundational document for Phases I and IA; later phases may have different rules.
Key facts from Downing Creek's documents
- Community type
- Covenant / Planned Community
- Legal name
- Downing Creek HOA, Inc.
- Developer / declarant
- Saffo Turner Corporation (First lines of Declaration)
- Assessments & dues
- Fixed by Board of Directors; maximum $900 per lot. (Article VII, Section 3(C))
- Special assessments
- May be levied for capital improvements with assent of two-thirds of members voting in person or by proxy at a meeting duly called. (Article VII, Section 4)
- Collections & liens
- Assessments are a continuing lien on the property and also personal obligation of owner. Association may bring action at law or foreclose the lien. Lien subordinate to first mortgage; foreclosure extinguishes prior due assessments. (Article VII, Sections 1, 10, 11)
- Pets
- Dogs, cats or other household pets may be kept, not for commercial purposes, and must be properly leashed at all times. (Article IX, Section 6)
- Parking & vehicles
- No boat, motor boat, camper, trailer, motor or mobile homes, or similar vehicles shall be permitted to remain on any lot or street without written consent of Association. (Article IX, Section 5)
- Architectural approval
- No dwelling, fence, wall or other structure shall be commenced, nor exterior addition/alteration made, until plans and specifications are submitted to and approved in writing by Declarant or Architectural Control Committee (or Board after s (Article VIII, Section 2)
- Setbacks / home size
- No specific setback lines established, but no dwelling shall be constructed closer than 10 feet to an adjoining property line. (Article VIII, Section 3(B))
- Maintenance
- Association maintains and repairs planting easement areas, stormwater drainage system, and all utility/drainage lines not constructed by lot owners within their lots. Owners are responsible for their lots and must prevent unsightly conditio (Article VIII, Section 4)
- Insurance
- Association shall keep property of the Association insured against loss by fire, other hazards, and public liability insurance as reasonably necessary. (Article VII, Section 5)
- Use restrictions
- No lot shall be used except for residential purposes. All lots restricted to single family dwellings. (Article IX, Section 1)
- Voting & meetings
- One vote per lot. When more than one owner, vote exercised as they determine but only one vote per lot. (Article V, Section 2)
About this HOA
Downing Creek is a homeowners association in Wilmington, NC.
HOAproxy has 2 documents on file for Downing Creek: 1 CC&R and 1 recorded document. Last updated 2026-07-13.
Governing documents
- Declaration of Covenants (1989) · Bk 1444/Pg 0750 (10 pages) — PDF
- Document (10 pages) — PDF