Balbach Cove
association language present (entity×64, governance×5)
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What Balbach Cove's governing documents say
Balbach Cove is a small planned community of three single-family home lots in Carolina Beach, NC, governed by a homeowners association (HOA). This declaration of covenants, conditions, and restrictions (CC&Rs) establishes the HOA, sets rules for the lots, and defines owner obligations. It applies to lot owners and their tenants.
- What you own & maintain: You own your lot and the home on it. You are responsible for all upkeep, maintenance, and repair of your lot, including exterior and interior fixtures. The HOA maintains common areas (like the marsh overlooks and access easements) and carries liability insurance on them.
- Assessments & fees: Annual assessments start at $240 per lot, adjustable by the board. Special assessments for capital improvements require a 2/3 vote of owners. A working capital assessment equal to two months' assessments is due at purchase. Assessments are a lien on the lot if unpaid.
- Use restrictions: Lots are for single-family residential use only. No lot may be subdivided. During the developer control period, the developer may use lots for sales or rental offices. No building may be erected without prior architectural approval from the board or a committee.
- Architectural review: Any building, fence, wall, or exterior alteration requires written approval of plans by the board or an architectural committee. Approval is deemed given if not acted on within 30 days of submission.
- Leasing & rentals: The document does not restrict leasing terms or require owner occupancy. Tenants and occupants must comply with the declaration, bylaws, and rules.
- Pets: The document does not mention any pet restrictions.
- Developer rights: The developer retains special rights during a control period (until 2039 or earlier events), including appointing the board, using lots for sales, and annexing additional property. The developer is exempt from assessments on lots it owns.
- What this document doesn't cover: This document does not include rules about parking, vehicles, noise, trash, holiday decorations, or specific age restrictions. It is the primary governing document; additional rules may be adopted by the board.
Key facts from Balbach Cove's documents
- Community type
- Planned Community (Article I.K: 'Planned Community shall me)
- Legal name
- Balbach Cove
- Developer / declarant
- Dena Balbach and Leonard Balbach
- Governing law
- North Carolina General Statutes (Chapter 47F) and Nonprofit Corporation Act (Article II.A: 'Association shall be orga)
- Assessments & dues
- $240.00 (Article IV.A(1): 'Annual assessments or )
- Special assessments
- May levy for capital improvements with assent of 2/3 of votes eligible to be cast; also special assessment for insurance as additional annual assessment (Article IV.D: 'special assessment... pro)
- Collections & liens
- Unpaid assessment becomes a lien after 30 days; may be foreclosed under powers of sale; lien prior except first mortgages and taxes; foreclosure of first mortgage extinguishes prior assessments; statute of limitations 3 years for enforcemen (Article IV.H: 'Any Assessment levied aga)
- Architectural approval
- Yes, for any building, fence, wall, structure, or exterior addition/alteration (Article VI: 'No building, fence, wall or)
- Signs & flags
- Declarant may maintain signs advertising the Planned Community during Declarant Control Period (Special Declarant Rights); no explicit rule for owners, but generally restricted by context (Article I.M: 'to maintain sales offices,)
- Maintenance
- Owner responsible for their lot; Association responsible for common areas (via assessments and insurance); deductible shared as common expense or per owner depending on damage location (Article VIII.A: Owner upkeep; Article IV)
- Insurance
- For limited common elements: deductible paid as common expense; for home lots: paid by homeowner; for both: pro rata (Article VIII.B: 'In the event of a loss )
- Use restrictions
- Yes, each Lot shall be for residential purposes only; one single family home per Lot; no subdivision or division of Lots (Article V.A: 'Each of the Lots shall be )
- Voting & meetings
- Two classes: Class A (all owners except Declarant) – one vote per lot owned; Class B (Declarant) – five votes per lot owned until conversion events (Article II.C: 'Class A... entitled to on)
- Amendments
- May be amended by vote of all members of the Homeowners Association; however, no amendment to last sentence of Article VII (apparently referring to the limitation on amendments?) Actually the last sentence of Article VII is not defined, but (Article XVIII: 'These restrictions may b)
Related associations
Overlaps: Hidden Hills
Nearby (within 500 m): Otter Creek Estates · Lanier Landing · Portside Village · Carolina Beach Village · Harbour Point · Maritime Village · Waterfronte Villas · Bridges Cove · Bimini Townes Townhomes · Flagship Villas
About this HOA
Balbach Cove is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Balbach Cove: 1 CC&R. Last updated 2026-06-01.