Holly Field at Westbay Estates
association language present (entity×73, governance×6)
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What Holly Field at Westbay Estates's governing documents say
Holly Field at Westbay Estates is a planned community of single-family homes in Wilmington, NC, governed by a homeowners' association (HOA). This document is the full declaration of covenants, conditions, and restrictions (CC&Rs) that apply to all lot owners. It establishes the HOA, sets rules for property use and maintenance, and outlines assessment obligations.
- What you own & maintain: You own your lot and the dwelling on it. The HOA maintains common elements (e.g., private roads, stormwater ponds) and limited common elements (front yards). You must maintain your lot and dwelling, and the HOA may enter your lot to perform maintenance if you fail to do so.
- Architectural review: All exterior changes (including painting, fences, and new structures) require prior written approval from the Declarant or, after all lots are sold, the HOA Board or an Architectural Control Committee. Approval may be based on aesthetic grounds. If no decision is made within 30 days, approval is deemed given.
- Minimum dwelling size: Each dwelling must have at least 1,000 square feet of enclosed, heated living area (excluding garages, decks, etc.). The Architectural Control Committee may allow a minimum of 950 square feet if it finds no adverse impact on property values.
- Use restrictions: Lots are for single-family residential use only. No noxious activities, temporary structures as residences, or commercial animal keeping are allowed. Clotheslines are prohibited. All mail and newspaper boxes must be uniform in design as furnished by the Declarant.
- Parking & vehicles: Each lot must provide off-street parking for at least two cars, with driveways and parking areas made of concrete, brick, asphalt, or turf stone. Boats, campers, trailers, and inoperable vehicles are not allowed on lots or streets without HOA consent. Vehicle repairs visible from the street are prohibited.
- Pets: Dogs, cats, and other household pets are allowed but not for commercial purposes. They must be leashed or controlled at all times and must not become a nuisance.
- Assessments & fees: All lot owners must pay annual assessments, plus potential special, insurance, ad valorem tax, and working capital assessments. The first annual assessment is set by the Declarant. A working capital assessment of 1/6 of the current annual assessment is due at closing from the Declarant. Unpaid assessments become a lien on the lot after 30 days, and the HOA may foreclose.
- Leasing & rentals: The document does not address leasing or rental restrictions. (This topic is not covered in the provided text.)
Key facts from Holly Field at Westbay Estates's documents
- Community type
- Covenant / Planned Community
- Legal name
- Holly Field at West Bay Estates HOA, Inc. (Article I, Section 3)
- Developer / declarant
- Dal-Har Construction, Inc. (First paragraph of Declaration)
- Governing law
- North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina General Statutes (Preamble and Article I, Section 18 defin)
- Assessments & dues
- First annual assessment set by Declarant prior to conveyance of first Lot; subsequently set by Executive Board based on ratified budget. No specific amount stated. (Article IV, Section 3)
- Special assessments
- May be levied with 2/3 vote of Members of each class voting in person or by proxy at a meeting called for that purpose, for capital improvements. Without vote, to reimburse Declarant as provided in Article III, Section 5. (Article IV, Section 4)
- Collections & liens
- Association may file a lien against a Lot if assessment unpaid for 30 days. Lien is prior to all liens except those recorded before the claim of lien and tax liens. Foreclosure may proceed like a mortgage under power of sale. Lien extinguis (Article IV, Section 11)
- Reserves & fees
- Common Expenses include 'allocations to reserves' (Article I, Section 5), but no further detail on mandatory reserves. (Article I, Section 5 definition of Commo)
- Pets
- Dogs, cats, or other household pets may be kept, but not for commercial purposes. Must be leashed or under control, not allowed to run free, and not become a nuisance. (Article VI, Section 3E)
- Parking & vehicles
- Off-street parking for not less than 2 passenger automobiles must be provided on each Lot prior to occupancy. Parking areas and driveways must be constructed of concrete, brick, asphalt, turf stone, or other approved material. (Article VI, Section 2E)
- Fences
- Fences are permitted on any Lot, but design, placement, and materials must be approved by Declarant, Board, or Architectural Control Committee. (Article VI, Section 2D (penultimate sent)
- Architectural approval
- Approval or disapproval must be given within 30 days after submission of plans and specifications; otherwise approval is not required. (Article VI, Section 1)
- Setbacks / home size
- Each dwelling shall have a minimum of 1,000 square feet of enclosed, heated dwelling area; Architectural Control Committee may permit 950 square feet if variance does not adversely impact property values. (Article VI, Section 2A)
- Voting & meetings
- Two classes: Class A (all Owners except Declarant) – 1 vote per Lot; Class B (Declarant) – 3 votes per Lot owned. Class B converts to Class A when Class A votes equal Class B, or on December 31, 2006, or upon voluntary surrender. (Article III, Section 3)
Related associations
Part of: West Bay Estates
Overlaps: Holly Field
Nearby (within 500 m): Whitney Pines · Courtney Pines · Westbay Estates · Alamosa Place · Chesney Place Owners' Association
About this HOA
Holly Field at Westbay Estates is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Holly Field at Westbay Estates: 1 CC&R. Last updated 2026-06-01.