Battalina Creek Homeowners Association

Key facts from Battalina Creek Homeowners Association's documents

Reflects the 2007 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

HOA (Homeowners Association) (Declaration generally; Bylaws Article I,)

Governing law

North Carolina law (no specific statute cited, but reference to NC law in Article Twelve) (Article Twelve (Severability and Governi)

Assessments & dues

Minimum regular annual assessment $250 per lot (Owner Members) or $350 per Dwelling Unit (Owner Members) as per schedule; automatically increased 3% to 10% annually starting January 1, 2009 (Declaration Article Eight, Section 2 (sc)

Special assessments

Allowed; limited to amount not greater than that year's annual assessment unless approved by majority vote of then Owners (Declaration Article Eight, Section 2 (la)

Collections & liens

Delinquent assessments become a continuing lien on the lot/dwelling; personal obligation of owner; Declarant may bring civil action or foreclose lien, with costs and attorneys' fees (Declaration Article Eight, Sections 1 an)

Reserves & fees

Establishment of capital replacement reserves is a purpose of assessments (Declaration Article Eight, Section 2(c)) (Declaration Article Eight, Section 2(c))

Pets

Yes, household pets allowed (reasonable number, but no more than three dogs, cats, or other household pets) for non-commercial purposes (Article Five, Section 16)

Leasing & rentals

Not explicitly mentioned; but occupancy restriction (single family) and time-sharing restrictions imply rental may be allowed subject to other rules; however, no explicit prohibition listed (No explicit cite; Article Five, Section )

Parking & vehicles

Prohibited overnight without express written consent of Declarant (Article Five, Section 18)

Fences

Fences subject to complete jurisdiction of Committee as to location, style, materials, height, and whether allowed; must be aesthetically pleasing, not detract from value, and not unreasonably impede view of water or attractive features (Article Five, Section 23)

Architectural approval

Yes, Architectural Control Committee (ARC) must approve all plans for construction, exterior alterations, fences, walls, driveways, patios, buildings, etc. before commencement (Article Four, Section 2)

Home business

Not explicitly mentioned; but 'no noxious or offensive activity' (Article Five, Section 15) and commercial use implicitly prohibited by single family use restriction (Article Five, Section 1 and Section 15)

Signs & flags

Generally prohibited unless approved by Declarant; Declarant may locate signs on its lots; 'For Sale' or 'For Rent' signs require approval; one eighteen-inch satellite dish allowed if screened; no antenna or other devices (Article Five, Sections 19 (signage) and )

Maintenance

Owner responsibility (maintenance, repair, replacement) (Article Nine, Section 1 mentions roofs) (Article Nine, Section 1)

Insurance

Declarant required to maintain adequate public liability, property casualty, or hazard insurance for Common Properties (before turnover) (Article Six, Section 2(d)) (Article Six, Section 2(d))

Use restrictions

Yes, single family residential only (with exception for Declarant's sales center, model home, etc.) (Article Five, Section 1)

Voting & meetings

Each lot owner (Class I member) entitled to one vote per lot owned; cummulative voting not allowed; proxies allowed (Declaration Article Six, Section 1; Byla)

Amendments

Declarant may amend to correct typo, clarify ambiguity, or add/delete provisions in best interest; must record an Amended Declaration (Article Eleven, Section 1); also Declarant may amend to conform to law or satisfy government agency requi (Article Three, Section 1 (termination); )

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