Arjean by the Sound
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What Arjean by the Sound's governing documents say
Arjean by the Sound is a single-family home community in Wilmington, NC, governed by a homeowners association (Arjean Homeowners Association, Inc.). The rules apply to lot owners and their tenants. The community includes a boat ramp and floating dock for members in good standing.
- What you own & maintain: You own your lot and the structures on it. You must maintain your lot free of underbrush, refuse, and unsightly growth, and keep all structures in good repair. The association maintains the common elements (e.g., boat ramp, channel, open space) and carries insurance on them.
- Architectural review: No building, exterior addition, or alteration may begin without written approval from the Board of Directors. Plans must be submitted showing design, materials, and location. The board may approve or disapprove within 30 days based on aesthetic and environmental considerations.
- Minimum house size: New houses must have at least 2,000 square feet of heated area.
- Use restrictions: Lots are for single-family residential use only. No manufactured homes, mobile homes, or double-wides are allowed. Modular homes are permitted with board approval. No commercial activity, noxious activities, or nuisances are allowed.
- Pets: Dogs, cats, and other household pets are allowed but not for commercial purposes. No livestock or poultry. Pet owners must remove excrement from neighbors' property and comply with state and county laws.
- Parking & vehicles: Stripped, wrecked, or non-operational vehicles without current license plates and inspection stickers are not allowed unless secured in a garage or behind an enclosed fence. Storage of personal property (tires, appliances, etc.) outdoors is prohibited unless obscured.
- Leasing & rentals: No garage apartment or outbuilding may be rented separately from the main dwelling. The document does not specify a minimum lease term or other rental restrictions beyond that.
- Assessments & fees: Annual assessments are set by the board and may increase up to 10% without member vote. Special assessments for capital improvements require majority member approval. Transfer fees and common elements assessments may apply to certain lots (e.g., $1,000 for some non-deeded lots, $20,000 for subdivided inland lots).
Key facts from Arjean by the Sound's documents
- Legal name
- Arjean Homeowners Association, Inc. (Article III, Section 1)
- Units / lots
- 37 Deeded Lots (plus potential additional lots from Non-Gardner and annexed properties) (Page 3: 'making 35 lots plus 2 more lots)
- Developer / declarant
- D. A. Gardner and wife, Doyle P. Gardner (original); restated by Deeded Members and other owners (Page 2-3: 'WHEREAS, D. A. Gardner ... an)
- Governing law
- North Carolina Planned Community Act (Chapter 47F, General Statutes of NC) (Article I, Section 1)
- Assessments & dues
- Set by Board annually based on budget; uniform per lot rate (Article IV, Section 3)
- Special assessments
- Allowed with majority vote of Members in person or by proxy; not for private roads (Article IV, Section 4)
- Collections & liens
- Lien filed after 60 days unpaid; lien prior to all except first mortgages and taxes; foreclosure action must be within 3 years after docketing; costs and attorneys' fees for prevailing party; holder of first mortgage foreclosing not liable (Article IV, Section 8)
- Reserves & fees
- Board may establish reasonable transfer fees; also Common Elements Assessment ($1,000 or $20,000 depending on lot type) and Common Funds Assessment ($4,350 for 2007, then pro rata) (Article IV, Section 9)
- Pets
- Yes (dogs, cats, other household pets); not for commercial purposes (Article V, Section 3(i))
- Architectural approval
- Plans and specifications for any building, wall, structure, or exterior alteration must be submitted to and approved by Board of Directors (Article V, Section 1)
- Home business
- Not explicitly prohibited, but 'no noxious or offensive activity' and single-family residential use only likely restrict commercial activity (Article V, Section 3(b) and 3(a))
- Setbacks / home size
- Controlled by New Hanover County zoning lot setback regulations (Article V, Section 2(c))
- Use restrictions
- Lots for single-family residential purposes only; Common Area for recreational purposes (Article V, Section 3(a))
- Voting & meetings
- One vote per lot owned; fractional voting prohibited; multiple owners must combine votes (Article III, Section 3)
- Amendments
- May be amended by affirmative vote or written agreement of Owners of Lots to which at least 67% of votes are allocated (Article VII, Section 1)
About this HOA
Arjean by the Sound is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Arjean by the Sound: 1 CC&R. Last updated 2026-06-01.