Figure 8 Harbour
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What Figure 8 Harbour's governing documents say
Figure 8 Harbour is a private, 23-home villa/townhouse community in Wilmington, NC, governed by a homeowners' association. Each owner holds a 1/23rd interest in the association and has exclusive use of a designated boat slip and boat storage space. The association maintains common elements, roofs, and villa exteriors, and carries master insurance.
- What you own & maintain: You own your villa and lot in fee simple. The association maintains all common elements (marina, pool, grounds, driveways), plus the roofs and exteriors of all villas. Interior maintenance and personal property are your responsibility.
- Assessments & fees: Annual assessments are set by the Board and can increase up to 10% per year without member vote; any larger increase requires a 2/3 vote of members. Special assessments for capital improvements also require 2/3 approval. Assessments are collected monthly and are a personal obligation of the owner at the time they fall due, secured by a lien on the lot.
- Boat slips & storage: Each of the 23 villas has an appurtenant license to a specific boat slip and boat storage space, designated by the same number as the lot. The 24th slip and storage space belong to the association or declarant.
- Use restrictions: The community is private residential only. The association can adopt rules governing use of villas, lots, and common elements. Violations can result in suspension of voting rights and common-area use for up to 60 days.
- Insurance: The association carries fire, flood, and liability insurance covering the villas (excluding owner's personal property) and common elements. Owners may carry additional insurance but must include waivers of subrogation.
- Developer control: The declarant controls the board until all lots are sold or December 31, 1990, whichever comes first. During that period, no membership action is effective without declarant's written approval.
- Amendment & duration: The covenants run for 20 years from recording (1986), then auto-renew for 10-year periods unless 75% of owners vote to revoke. Amendments require 90% owner approval during the first 20 years, and 75% thereafter.
Key facts from Figure 8 Harbour's documents
- Community type
- planned unit development (villa cluster community with marina) (Article I, Definition 10 (Development: ")
- Units / lots
- 23 villas (single-family residential dwellings) (Article I, Definition 5)
- Developer / declarant
- Figure 8 Harbour Corporation, a North Carolina corporation, with principal place of business at 511 East Pine Street, Mount Airy, N.C. 27030 (Preamble, Article I Definition 1)
- Governing law
- North Carolina Non-Profit Corporation Act (Article II, Section 1; By-Laws Article I)
- Assessments & dues
- Maximum annual assessment set by Board; can be increased up to 10% per year without membership vote; unlimited increase with 2/3 vote of members voting in person or by proxy. (Article II(d)(3))
- Special assessments
- Special assessments for capital improvements may be levied with assent of two-thirds of members voting in person or by proxy at a duly called meeting. Fixed at uniform rate; may be collected monthly. (Article II(d)(4))
- Collections & liens
- Assessments (annual and special), plus interest, costs, and attorney's fees, are a lien on the lot. Lien is recorded in New Hanover County. Foreclosure action may be brought. Lien is subordinated to first mortgage/deed of trust. Foreclosure (Article II(d)(1), (8), (9))
- Reserves & fees
- Not explicitly stated; however, interest applies from due date at highest rate allowed by North Carolina law for unpaid assessments. (Article II(d)(8))
- Leasing & rentals
- Not explicitly prohibited. Owners may delegate right of enjoyment to tenants. (Article III(c)(5) (right to delegate to )
- Parking & vehicles
- Boat storage spaces are limited common elements. No mention of parking restrictions for RVs or trailers. (Article I, Definition 7 (boat storage) a)
- Architectural approval
- Not explicitly stated; but enforcement provision allows Declarant to enter and abate structures built in violation of these Articles, By-Laws, or Rules and Regulations. (Article VI (Enforcement))
- Maintenance
- Association responsible for roofs of villas. (Article II(b) (explicitly includes roofs)
- Insurance
- Fire insurance (extended coverage, vandalism, malicious mischief) on all improvements upon common elements and villas (including bathroom/kitchen fixtures initially installed by Declarant, not owner's personal property). Flood insurance if (Article II(c)(i)-(iv))
- Use restrictions
- The development shall be a private residential community. All property is private. (Article I, Definition 10 (last paragraph)
- Voting & meetings
- One vote per membership (each lot/villa). Membership owned by one person: vote by record owner. Multiple owners: certificate filed with Secretary. Corporate owner: designated by officer. If no certificate, vote not counted. (By-Laws Article II, Sections 3 and 4)
- Amendments
- First 20 years: amendment requires instrument signed by not less than 90% of owners (including Declarant as owner). Thereafter: 75% of owners. Must be recorded in New Hanover County. (Article VI (Duration and Amendment))
About this HOA
Figure 8 Harbour is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Figure 8 Harbour: 1 CC&R. Last updated 2026-06-01.