Barclay Commons
association language present (entity×48, governance×2)
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What Barclay Commons's governing documents say
Barclay Commons is a commercial development in Wilmington, NC, governed by a declaration that primarily establishes a shared sewer system and a maintenance association. This document binds commercial property owners, not residential homeowners or tenants.
- Shared sewer system & assessments: The declaration creates a shared sewer disposal system for the development. Each owner pays bi-annual assessments (due Jan 1 and July 1) based on their parcel's acreage proportion to cover maintenance, repair, and replacement costs. Special assessments may also be levied.
- Association & voting: Barclay Maintenance Association, Inc. manages the sewer system. Owners are members with votes per acre (Class A: 1 vote/acre; Developer Class B: 5 votes/acre until 2030 or earlier). Developer controls the board until 90 days after the earlier of Dec 31, 2030, or surrender of control.
- Developer rights & transition: Developer retains rights to appoint/remove directors and officers until the control period ends. Developer may assign its rights to another owner or mortgagee. Transfer of sewer system to the association requires permit reissuance and state approval.
- What this document doesn't cover: This declaration only addresses the shared sewer system and association governance. It does not cover architectural rules, land use restrictions, parking, pets, leasing, or any residential-style covenants. It is a commercial document for a mixed-use development.
Key facts from Barclay Commons's documents
- Community type
- commercial – mixed-use (The Pointe at Barclay) (Background A)
- Legal name
- Barclay Maintenance Association, Inc. (Definition (c) 'Association')
- Developer / declarant
- Barclay Commons Retail, LLC, a North Carolina limited liability company (Preamble)
- Governing law
- Laws of the State of North Carolina (Section 6(f))
- Assessments & dues
- Based on an annual (calendar year) budget prepared by Developer or Association, revised bi-annually. Assessments collected in bi-annual installments in advance of January 1 and July 1. (Section 2(c))
- Special assessments
- Developer or Association may levy special assessments if regular assessments are not adequate for repair, maintenance, replacement of Sewer Disposal System. (Section 2(c), last paragraph)
- Reserves & fees
- Developer or Association shall create a fund out of Assessments for non‑routine repair, maintenance, or construction of the Sewer Disposal System. No reservation for capital expenditures in advance. (Section 2(c) (second paragraph))
- Amendments
- By written agreement recorded in New Hanover County, executed by Developer and all other Owners whose Parcel(s) would be materially affected. (Section 6(e) 'Amendments')
Related associations
Part of: The Commons
Nearby (within 500 m): Irongate Office Park · Shipyard Commons · Shipyard Commons Condominium · Barclay Centre · Independence East Condominiums · Valleygate Villas
About this HOA
Barclay Commons is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Barclay Commons: 1 CC&R. Last updated 2026-06-01.