Enclave Replat I

Key facts from Enclave Replat I's documents

Reflects the 2001 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Townhome Association (Definition of Association: 'Enclave Town)

Legal name

Enclave Townhome Association, Inc.

Units / lots

39 lots (Lots 1-39 inclusive) plus Outlot A (Article I Section 3 (as amended by First)

Governing law

Nebraska Nonprofit Corporation Act for proxies; Nebraska Workers' Compensation laws; Uniform Arbitration Act for party wall disputes; Nebraska law for quorum requires members holding 1/10th of votes in person or by proxy (Article III Section 2 (proxy); Article V)

Assessments & dues

Monthly assessments and Common Area maintenance assessments are paid pro rata by Owners of all Assessable Lots based on total number of Assessable Lots. Board fixes amount. Written notice must be sent. Special assessments for capital improv (Article IV Sections 3, 4, 5, 7)

Special assessments

Allowed for capital improvements on any Assessable Lot (construction, reconstruction, repair, or replacement of capital improvements). Requires consent of two-thirds (2/3) of votes of each class of membership in person or proxy at a duly ca (Article IV Section 4 (original and resta)

Collections & liens

Assessments are a continuing lien on the land and a charge on the property. Personal obligation of Owner at time assessment became due; does not pass to successors unless assumed. Association may bring action at law or foreclose lien. Lien (Article IV Section 1 (creation of lien),)

Reserves & fees

Interest at maximum legal rate (16% per annum at time of execution) after 30 days delinquency. After 60 days delinquent, entire unpaid portion for the year may be declared immediately due and payable. (Article IV Section 8)

Pets

Yes, non-exotic household pets limited to one (1) per household and not exceeding twenty pounds (20) in weight. No other animals, livestock, or poultry. All reptiles classified as exotic pets. No commercial breeding or maintenance. (Origina (Article VIII Section 1(b) (restated); or)

Leasing & rentals

Not explicitly restricted; signs for rent allowed; but may be subject to rules. (Sign provision allows 'for rent' signs; )

Architectural approval

Yes, for any building, fence, wall, structure, exterior addition, change, alteration, or planting of trees, shrubs, or plantings. Plans showing nature, kind, shape, height, materials, color, and location must be submitted to and approved in (Article VII (architectural control) – sa)

Home business

Not explicitly addressed; but 'noxious, offensive, or illegal activity' prohibited (Article VIII Section 1(c)). (Article VIII Section 1(c))

Setbacks / home size

Plans must show height; no explicit limit. (Article VII: 'nature, kind, shape, heigh)

Use restrictions

Implied; no commercial use. Explicit restriction: 'No townhome owner/resident may use his/her Enclave residence as a rooming house, commercial multi-family dwelling, group home and/or for multiple foster child care.' (Article VIII Section 1 (Article VIII Section 1(f) (restated))

Voting & meetings

Two classes: Class A (all Owners except Declarant) – one vote per Lot owned; Class B (Declarant Apollo Building Corp.) – three votes per Lot owned and not under contract or title transferred. More than one owner per Lot must agree on vote, (Article III Section 3 (both original and)

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