Windsor Place at West Bay Estates

Key facts from Windsor Place at West Bay Estates's documents

Reflects the 2006 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Covenant / Planned Community

Legal name

Neighborhoods of West Bay Estates, Inc. (Article I Section 3)

Developer / declarant

Torchwood Home Investments, Inc.

Governing law

North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina General Statutes (Preamble)

Assessments & dues

First Annual Assessment set by Declarant prior to first Lot conveyance; subsequent amounts determined by budget process (Article IV Section 3)

Special assessments

Two types: (A) with assent of two-thirds of Members of each class voting in person or by proxy at meeting called with 10-60 days notice, for capital improvements; (B) without vote to reimburse Declarant for maintenance costs of Common Eleme (Article IV Section 4)

Collections & liens

Association may file lien after 30 days unpaid; lien prior except to prior recorded interests and tax liens; foreclosure like mortgage; lien extinguished if not enforced within 3 years; first mortgagee acquiring title not liable for prior a (Article IV Section 11)

Reserves & fees

Working capital fund used for operating and capital expenses (not a reserve fund per se) (Article IV Section 7)

Fences

Fences permitted on any Lot subject to approval of design, placement, and materials by Architectural Control Committee (Article VI Section 2.D)

Architectural approval

Plans for any dwelling, wall, other structure, exterior addition/change/alteration (including painting) must be approved in writing by Architectural Control Committee as to harmony of external design and location (Article VI Section 1)

Setbacks / home size

No specific setback lines; structure location must be approved by ARC and no closer to Lot line than permitted by applicable governmental regulations (Article VI Section 2.B)

Maintenance

Association responsible for operation and maintenance of Common Elements (including private roads, stormwater facilities, open space); Owners responsible for their Lots and easement areas (except utilities); Association has right to enter L (Article III Section 5, Article II Sectio)

Use restrictions

No Lot shall be used for any purpose except for residential purposes, subject to Declarant's rights (Article VI Section 3.A)

Voting & meetings

Two classes: Class A (owners) 1 vote per Lot; Class B (Declarant) 3 votes per Lot during Declarant Control Period; fractional voting prohibited (Article III Section 3)

Amendments

Declarant may amend without Member approval: prior to sale of first Lot; when applying to Additional Property; to correct errors; for tax exemption; to incorporate platting changes; to conform to law or government agency requirements. Only (Article V Section 3)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.