Stonebridge HOA - Legal Documents

Stonebridge Legal Documents
This page contains links to the four legally binding documents which define the community rights and obligations of every Stonebridge homeowner, and the structure under which Stonebridge Homeowners Association operates. All of these documents are recorded with the Wake County Register of Deeds in Raleigh, NC.

   --> Declaration of Covenants for Common Properties, AKA Declaration
   --> Protective Covenants
   --> ByLaws
   --> Articles of Incorporation

You can download a full searchable PDF version of all four documents combined with a table of contents by clicking  here.

Where there is any inconsistency between the BYLAWS, the ARTICLES OF INCORPORATION and the DECLARATION, the DECLARATION is the prevailing document.

Declaration of Covenants for Common Properties
The DECLARATION OF COVENANTS FOR COMMON PROPERTIES is like a constitution for Stonebridge homeowners. It defines the community's boundaries; it establishes the common properties; it establishes the Homeowners Association, its Board of Directors and the Architectural Committee to manage the common properties; it defines the relationship between the Association and the developer; and it establishes the basis for annual homeowner assessments and for special assessments. This DECLARATION was amended and restated in 1993 to incorporate all prior amendments, agreements and supplements. It replaces the version dated September 29, 1978. The original document is recorded in Book 5942, Page 390 at the Wake County Registry. There is a  cleaned up version of the original document as well as a searchable  retyped version available from this site.

The DECLARATION was further amended in December 2006 and recorded in Book 12462, Page 2609 at the Wake County Registry, creating Article V, Section 10 - Initial Capital Reserve Account Contribution. At the December meeting of the Board of Directors, the Initial Capital Reserve Account Contribution amount was set at $1000.00 which is effective for all Stonebridge home sales with a contract to purchase dated January 1, 2007 or later.

Protective Covenants
The PROTECTIVE COVENANTS bind every Stonebridge homeowner to adhere to certain construction standards and to refrain from specific actions which are considered detrimental to the community as a whole. The Protective Covenants establish minimum lot sizes, home sizes and building setbacks; provide guidelines for fences, accessory buildings and lot appearance and establishes the Architectural Committee as arbiter on such issues. The covenants also mandates off-street parking, prohibits animals other than house pets and prohibits visible storage of boats, trailers or campers. For more detailed guidelines, refer to the Protective Covenants section on the HOA Essentials page.

The Protective Covenants are recorded in Book 2666, Page 485 and Book 4694, Page 566 at the Wake County Registry. There are cleaned up versions of both the  original protective covenants and the  1990 amendment as well as a searchable  retyped version that incorporates the 1990 amendment to Article IV which applies only to lots in Stonebridge VIII.

Closing attorneys are required to provide copies of the DECLARATION and the PROTECTIVE COVENANTS to every new Stonebridge homeowner.

The BYLAWS define the operating rules for Stonebridge Homeowner's Association, Inc. They define the number of Directors, the Officers, powers and duties of the Board and of the Officers, voting rights, voting procedures for Directors and for Officers, meeting requirements and establishment of committees. The current document was amended in 1991 to eliminate inconsistencies with the DECLARATION and with actual practice, and in 1992 to change the date of the annual meeting. The original document is filed with the North Carolina Secretary of State, but is not available on line. There is a copy of the  original document from HRW, Inc. as well as a searchable  retyped version available from this site.

Articles of Incorporation
The ARTICLES OF INCORPORATION are filed with the Secretary of State as required for all North Carolina corporations. There is a copy of the  original document from HRW, Inc. as well as a searchable  retyped version available from this site.

North Carolina Planned Community Act
The North Carolina Planned Community Act of 1998, General Statutes, Chapter 47F, applies to all planned communities created on or after January 1, 1999. Additionally, G.S. 47F-3-102(1) through (6) and (11) through (17), G.S. 47F-3-107(a), (b), and (c), G.S. 47F-3-107.1, G.S. 47F-3-115, and G.S. 47F-3-116, apply to all planned communities created before January 1, 1999, unless the articles of incorporation or the declaration expressly provides to the contrary.

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