Monterey Heights Subdivision
Recorded covenants run with the land, but there is no mandatory homeowners association collecting dues.
substantial declaration text with NO association/board/assessment/common-area language
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What Monterey Heights Subdivision's governing documents say
Monterey Heights is a single-family home subdivision in Wilmington, NC, governed by restrictive covenants that run with the land and bind all lot owners. The rules promote a uniform residential character and cover lot use, building size and setbacks, architectural approval, and maintenance standards.
- Lot use & building type: Lots (except Lot 105 and PARK) may be used only for residential purposes. Only one detached single-family dwelling (max 2 stories) and a private garage (max 1 story, no living quarters) are allowed. No temporary structures, trailers, mobile homes, tents, or outbuildings may be used as residences.
- Minimum dwelling size: Dwellings must have at least 1,000 square feet of living area, excluding porches, garages, and carports, measured from exterior walls.
- Setbacks & building lines: Buildings must be at least 25 feet from the front street line and at least 10% of the lot's average width from side lot lines. Eaves may overhang up to 3 feet, and uncovered stoops/steps are allowed within setbacks.
- Architectural approval: Plans for all dwellings and structures must be approved by the developer (R. C. Fowler Properties, Inc., its successors, nominees, or assigns). If no response is received within 20 days of submission, plans are deemed approved as long as they are in general conformity with other structures in the subdivision.
- Pets & livestock: No hogs, cattle, sheep, goats, horses, poultry, or other livestock may be kept. Dogs, cats, or other household pets are allowed, but not for commercial purposes and not in numbers or of a nature that becomes a nuisance.
- Fences & obstructions: No fence or other obstruction may extend nearer the street than the front setback line of the main dwelling.
- Nuisance & maintenance: No noxious trade or activity is allowed. Yards must be properly maintained; the developer may clean them at the owner's expense. Unsightly, inoperative junk cars and similar eyesores are prohibited and may be removed by the developer at the owner's expense.
- Leasing & rentals: The document does not address leasing or rental restrictions beyond allowing 'For Rent' signs on residential lots.
Key facts from Monterey Heights Subdivision's documents
- Community type
- Covenant / Planned Community
- Pets
- Yes, dogs, cats, and other household pets; not for commercial purposes, and not in numbers to become a nuisance. (Section 12)
- Parking & vehicles
- Unsightly, inoperative junk cars and like eyesores prohibited; may be removed by developer at owner's expense. (Section 9)
- Fences
- No fence or other obstruction shall extend nearer the street than the front setback line of the main dwelling. (Section 6)
- Architectural approval
- Yes, plans for all dwellings and structures must be approved by R. C. Fowler Properties, Inc., its successors, nominees or assigns. (Section 3)
- Home business
- No commercial trade or activity on any lot except Lot 105. (Sections 1, 8)
- Signs & flags
- Only 'For Rent' or 'For Sale' signs allowed on residential lots; no sign boards. (Section 16)
- Setbacks / home size
- Front: 25 ft from street line; Side: distance equal to 10% of average width of lot, but if combining lots, interior boundaries not considered side lot lines. Overhang of eaves up to 3 ft allowed; uncovered stoops/steps allowed within setbac (Section 4)
- Maintenance
- Owner responsible for maintaining buildings, structures, and appurtenances in suitable state of repair. No association responsibility. (Section 11)
- Use restrictions
- Yes, except Lot 105 and PARK only. (Section 1)
- Voting & meetings
- Owners of lots have voting rights for amendments (60% approval required). (Section 18)
- Amendments
- By written document executed by R. C. Fowler Properties, Inc. (or its successors) and by owners of not less than 60% of the subdivided lots, recorded in the office of the Register of Deeds of New Hanover County. (Section 18)
Related associations
Nearby (within 500 m): Kirkwood at Arrondale · Chattooga Place at Beau Rivage Plantation · Pilots Ridge Aero Plantation · Arrondale Subdivision · Willow Glen · Tidalholm Homeowners Association, Inc.
About this HOA
Monterey Heights Subdivision is a homeowners association in Wilmington, NC.
HOAproxy has 2 documents on file for Monterey Heights Subdivision: 1 CC&R and 1 recorded document. Last updated 2026-07-13.
Governing documents
- Declaration of Covenants (1974) · Bk 1011/Pg 587 (4 pages) — PDF
- Document (2 pages) — PDF