iii. Setback . The minimum front yard setback from a public or private street or parking lot is 30 feet.
iv. Declaration . The declaration shall include minimum standards as follows:
1. Common Access. A description of the proportionate interest for each unit owner, unit designation, unit location, number of rooms and common areas to which unit owners/residents has access.
2. Common Area. A description of the general common areas and facilities, as defined by the North Carolina General Statutes, Chapters 47-A and 47-C.
3. Metes & Bounds . A metes and bounds lines between structures and descriptions of all garages, balconies, and patios.
4. Establishment of the Homeowners’ Association. Declaration establishing the homeowners’ association.
v. Homeowners’ Associations
1. Establishment . Prior to the sale of any units, the homeowners’ association shall be legally established. Membership in the homeowners’ association is mandatory for all unit owners and all successive unit owners. 2. Taxes Responsibility of Homeowners’ Association . Payment of all taxes (County and Town) on common areas, provision of liability insurance, maintenance of recreation areas, and other facilities shall be the responsibility of the homeowners’ association. 3. Homeowners’ Association Disbanded . If the homeowners’ association considers being dissolved it must notify the Town of Fuquay-Varina Planning Department in writing identifying the reasons why the homeowners’ association is being dissolved. The homeowners’ association shall offer the open space, park and/or recreation facilities to the Town; however, the Town is not obligated or required to accept such open space, park and/or recreation facilities. 4. Power to Levy Assessments . The homeowners’ association is empowered to levy assessments to meet its obligations. Those assessments not paid by the unit owners shall constitute a lien.
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