Carolina Bay - Garden Flats
association language present (entity×46, governance×2)
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What Carolina Bay - Garden Flats's governing documents say
Carolina Bay - Garden Flats is a condominium community in Wilmington, NC, but it is part of a larger continuing care retirement community (CCRC) called Carolina Bay at Autumn Hall. Unit owners must become members of the CCRC and sign a Residency and Care Agreement. The condominium has a maximum of 54 units, with 6 in Phase I. Leasing is restricted to family members who become Designated Members of the CCRC.
- What you own & maintain: You own the interior of your unit, including finished surfaces and non-load-bearing walls. The association maintains the common elements and limited common elements (like decks, patios, and attics), but you are responsible for cleanliness of your limited common elements. Custom upgrades may require you to reimburse the association for extra maintenance costs.
- Leasing & rentals: Only family members who become Designated Members of the CCRC may lease a unit. They must sign a Residency and Care Agreement and a guaranty agreement. The association can terminate a lease if the tenant defaults. The declarant may modify this restriction during the Special Declarant Rights Period.
- Age restriction (55+): This is a continuing care retirement community (CCRC). All occupants must meet the residency requirements in the Residency and Care Agreement, which typically includes an age restriction (55+). The document does not specify the exact age, but references to 'continuing care retirement community' imply age-restricted living.
- Right of first refusal: The declarant has a right of first refusal to purchase any unit offered for sale by a non-declarant owner. The owner must provide the purchase offer to the declarant, who has 5 business days to match it. This right does not apply to foreclosure sales.
- Alterations & improvements: You may make interior alterations that do not impair structural integrity or mechanical systems, but exterior changes (paint, awnings, window coverings) require prior written approval. Alterations that change unit boundaries require an amendment to the declaration and floor plans, at your expense.
- Pets: The document does not mention any pet restrictions. However, the CCRC's Residency and Care Agreement may have rules. This document alone does not address pets.
- Smoking: Smoking cigarettes, pipes, or cigars is prohibited on the property.
- Signs & flags: Commercial signs (including 'for rent' or 'for sale') are prohibited on units, except as required by law. The document regulates or prohibits display of the U.S. or North Carolina flag and political signs to the maximum extent allowed by law.
Key facts from Carolina Bay - Garden Flats's documents
- Community type
- Condominium
- Legal name
- The Carolina Bay - Garden Flats Condominium
- Units / lots
- 6 (Phase I); maximum of 54 total (Section 2.4 (six units in Phase I) and S)
- Developer / declarant
- Carolina Bay Properties of Wilmington, LLC
- Governing law
- North Carolina Condominium Act (Chapter 47C of the North Carolina General Statutes) (Section 1.1)
- Assessments & dues
- Common Charges set by Executive Board pursuant to Bylaws; payable monthly in advance on first day of month unless otherwise determined by Board (Section 6.3)
- Special assessments
- Special Assessments may be levied by Executive Board from time to time to meet Common Expenses (Section 1.35)
- Collections & liens
- Executive Board has lien on Unit for unpaid Common Charges, subordinate to first mortgage recorded before delinquency was due; foreclosure of mortgage extinguishes lien for unpaid Common Charges payable before foreclosure sale (Section 6.3)
- Reserves & fees
- Common Expenses include allocation to Reserve Fund for future repairs and replacements; Association may maintain a reserve fund for periodic maintenance, repair, and replacement of Common Elements and Limited Common Elements (Sections 1.13, 6.1)
- Signs & flags
- Display of the flag of the United States of America and the flag of the State of North Carolina is regulated and prohibited in portions of the Condominium to the maximum extent permitted by applicable law, including N.C.G.S. Section 47C-3-1 (Page 1 recital (before 'WITNESSETH'))
- Use restrictions
- Units may only be used for residential purposes, except as permitted under Section 2.8 (Special Declarant Rights) and in accordance with the Residency and Care Agreement (Sections 3.1, 3.5(a))
- Voting & meetings
- Each Unit Owner entitled to a percentage interest vote based on the Unit's Common Interest in the Common Elements, as shown on Exhibit B (Section 2.6)
About this HOA
Carolina Bay - Garden Flats is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Carolina Bay - Garden Flats: 1 CC&R. Last updated 2026-06-01.