What are owners' or homeowners’ associations and why are they needed?
An owners' association is a corporation established to own and maintain the common elements and areas serving the lots within a development, for either homes or nonresidential uses.
Common elements must be conveyed to an owners' association prior to the sale of property to individual owners. An owners' association is established to fulfill requirements of the City of Greensboro’s Land Development Ordinance (Sec. 30-13-9), the NC Planned Community Act (NCGS 47F) and/or the NC Condominium Act (NCGS 47C).
What is an owners’ association responsible for maintaining?
An owners' association is responsible for maintaining common elements, including open space areas, private streets and drives, recreational facilities, club houses, common interior areas, private water lines, private sewer lines and lift stations, and/or permanent stormwater control devices. Some owners’ associations maintain building exteriors.
How do you create an owners’ association?Owners' associations are created by:
- Filing “Articles of Incorporation” with the NC Secretary of State’s office
- Establishing "By-Laws" for the operation of the owners' association
- Recording a “Declaration of Covenants, Conditions and Restrictions” with the Guilford County Register of Deeds, following review by the City of Greensboro.
These are legal documents which should be prepared by an attorney.
When should an owners’ association documents be submitted to the City Planning Department?
After the preliminary subdivision plat or site plan is approved by the Technical Review Committee and before any building permits are issued, the developer submits a draft copy of the owners’ association documents to the City Planning Department. This includes the "Articles of Incorporation," "By-Laws,' and the “Declaration” listed above.
A late submittal of owners’ association documents will likely delay approval of the final plat for recording and the sale of related property.
What does the City of Greensboro review on an owners’ association documents?
The NC Condominium Act (Chapter 47C), the NC Planned Community Act (Chapter 47F), and the City’s Land Development Ordinance (Section 30-13-9) contain many items related to terminology, membership, securing insurance, payment of taxes, property descriptions, levying assessments, and maintenance responsibilities. This information must be included in an owners’ association documents and needs to be checked (checklist) by the City’s Planning, Engineering and Legal offices.
What are the fees for reviewing and recording the owners’ association documents?
The City review fee is $125; checks should be made payable to the City of Greensboro.
For information about recording fees, which are determined by the Guilford County Register of Deeds, call 336-641-7556. Checks for recording fees should be made payable to the Guilford County Register of Deeds.
Does the Planning Department need a signed copy of an owners’ association documents before they release the final subdivision plat for recording?
Yes. According to City ordinance, the final plat cannot be released for recording until the Planning Department receives a signed copy of the final owners’ association documents.
Who records an owners’ association documents?
Either the planning staff member who records the final subdivision plat or the subdivider’s representative can record the owners’ association documents at the Guilford County Register of Deeds office. The subdivider’s representative may call Andy Lester at 336-412-5757 to coordinate the simultaneous recording of the plat and the owners’ association documents.
For more information about owners' associations and how they could affect your development, call the Greensboro Planning Department at 336-373-2144.