Barefoot Square
association language present (entity×13, governance×2)
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What Barefoot Square's governing documents say
This is a stormwater drainage easement and maintenance agreement between two commercial property owners within the Barefoot Square Business Condominium in Wilmington, NC. It is not a full set of community rules for residents; it governs shared stormwater facilities and cost-sharing between the two properties.
- What this document covers: This agreement creates permanent easements for stormwater drainage across both properties and assigns responsibility for maintaining the shared drainage facilities, including a detention pond and fencing.
- Who is bound: The agreement binds the owners of the Barefoot Property and the FCB Property (First Community Bank) and their successors. Unit owners in the condominium are also bound to pay their share of drainage maintenance costs as a common expense.
- Cost sharing for maintenance: The Barefoot Property Owner maintains the drainage facilities and bills the FCB Property Owner quarterly for its pro rata share (55% of costs up to $10,000 per quarter, 50% of costs above that). Late payments incur a $25 fee per 30-day period.
- Insurance requirements: Each property owner must maintain commercial general liability insurance with at least $1 million per person, $2 million per occurrence, and $1 million property damage, naming the other owner as an additional insured.
- Default and lien rights: If an owner defaults on obligations (e.g., non-payment), the non-defaulting owner may cure the default and place a lien on the defaulting owner's parcel, with 8% annual interest. The lien is subordinate to existing institutional mortgages.
- What this document doesn't cover: This document does not contain typical HOA or condo rules about pets, leasing, parking, architectural review, or age restrictions. It only addresses stormwater drainage, maintenance cost-sharing, and related easements.
Key facts from Barefoot Square's documents
- Community type
- Business Condominium (commercial)
- Developer / declarant
- First Community Bank (FCB) as Declarant under Assignment recorded March 28, 2014, Book 5805, Page 339 (Recital D, Section 16)
- Governing law
- North Carolina Condominium Act (referenced via Declaration); also referenced NCDENR regulations: Title 15A NCAC 2H .1000 and S.L. 2006-246 (Management Regulations) (Recital F)
- Reserves & fees
- If FCB Property Owner fails to pay within 30 days of Quarterly Notice, a late payment fee of $2500 for first 30-day period, and an additional $25 for each additional 30-day period the notice remains unpaid. (Section 9)
- Maintenance
- Barefoot Property Owner is responsible for payment of all Development Drainage Facilities Maintenance Costs and shall maintain the facilities in compliance with Permit and laws. FCB Property Owner reimburses its Pro Rata Share as per Sectio (Section 6)
- Amendments
- Agreement may not be modified or rescinded except with consent of all Owners of affected Parcels and, if required, by NCDENR, by written instrument duly recorded. (Section 12)
Related associations
Nearby (within 500 m): North County Square · Wrightsboro Acres
About this HOA
Barefoot Square is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Barefoot Square: 1 CC&R. Last updated 2026-06-01.