Portwatch
association language present (entity×32, governance×5)
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What Portwatch's governing documents say
PortWatch is a business/office/industrial park in Wilmington, NC, governed by a Declaration of Covenants, Conditions and Restrictions (CC&Rs). This is a commercial/industrial subdivision, not a residential community. The rules bind all lot owners and their tenants, and the primary purpose is to maintain stormwater facilities and ensure high-quality development.
- Permitted uses: Lots may be used only for offices, retail or wholesale trade, and light manufacturing. No shopping centers or retail food sales without Declarant approval. Uses must be high-quality and environmentally controlled—no noxious odors, excessive noise, or non-domestic wastewater.
- Architectural & site plan review: All development and construction plans must be submitted to Declarant for written approval before any grading or building. Plans must include site development, engineering, and architectural details. Approval is deemed granted if Declarant does not respond within 30 days of a complete submission.
- Development standards & restrictions: Buildings must meet HM zoning setbacks (minimum 30 ft from streets, 15 ft from side/rear lot lines). Exposed metal on street-facing elevations is prohibited without Declarant approval. Parking, loading, and service areas must be screened. No outside storage, antennas, or storage tanks without approval. Landscaping must be maintained.
- Stormwater regulations: Maximum built-upon area per lot is 85% of total lot area. No alterations to drainage systems without state concurrence. Runoff from impervious areas must be directed to the detention pond. These covenants cannot be changed without state approval.
- Assessments & fees: The Association may levy annual and special assessments to maintain common areas (including the detention pond). Annual assessments can increase up to 10% per year without member vote; higher increases require 2/3 member approval. Unpaid assessments bear 18% interest and become a lien on the lot.
- Enforcement & fines: The Association may fine violators up to $100 per day for noncompliance. Fines become a lien on the lot. Declarant also has the right to enter and abate violations at the owner's expense after 30 days' notice.
- Right of first refusal & buyback: Declarant has the right to repurchase any lot where construction has not begun within two years of acquisition. Also, owners of undeveloped lots must first offer the lot to Declarant at the same price and terms as any bona fide offer.
- What this document doesn't cover: This document does not address residential use, leasing restrictions for residential tenants, pet policies, or age restrictions. It is a commercial/industrial subdivision declaration.
Key facts from Portwatch's documents
- Community type
- Business/Office/Industrial Park (Article III, last sentence)
- Legal name
- PortWatch Owners Association, Inc. (Article II, A)
- Units / lots
- At least 11 (Lots 1-4, 11 and 2-11 referenced) (Article X, items c, d, e, f and Article )
- Developer / declarant
- Port Cape Fear Associates, a North Carolina general partnership (Article II, D)
- Assessments & dues
- Established by Board of Directors; maximum can be increased up to 10% per year without membership vote, or by 2/3 vote without limit (Article XX, B, 3)
- Special assessments
- Allowed for capital improvements with 2/3 vote of members; fixed at uniform rate per lot (Article XX, B, 4)
- Collections & liens
- Annual and special assessments, interest, costs, and attorney's fees constitute a lien on the Lot; Association may foreclose the lien; personal obligation of owner at time assessment falls due (Article XX, B, 1, 2, 8)
- Reserves & fees
- Interest at 18% per annum on unpaid assessments after 30 days (Article XX, B, 8)
- Leasing & rentals
- Not prohibited; Tenants are defined and allowed (Article II, K (definition of Tenant); no)
- Parking & vehicles
- Prohibited (Article IX, F, 4: 'No on street parking )
- Fences
- Not specifically mentioned; fences are included in 'Improvements' and subject to general setback and approval (Article II, F (Improvements include fenc)
- Architectural approval
- Yes, for development and construction plans; review by Declarant (Article VII and VIII)
- Signs & flags
- All signs must comply with City regulations and be approved by Declarant (Article IX, J)
- Setbacks / home size
- Minimum 30 ft from any street right-of-way, 15 ft from side and rear lot lines; waived if adjoining lots combined (Article IX, D)
- Maintenance
- Not specifically allocated; Owner maintains Building (implied) (Article IX, Q)
- Use restrictions
- Prohibited: rubbish, odors, noxious fumes, excessive noise, unsanitary conditions, speakers/horns/flashing lights (except security) (Article IX, P)
- Voting & meetings
- As set forth in the Articles of Incorporation of the Association (Article XX, A)
- Amendments
- Declarant may amend: (A) after recording if does not materially change plan or restrictions, applies only to lots conveyed after amendment; (B) upon annexation; (C) to correct errors; (D) while owning at least 25% acreage, to comply with la (Article XXI; Article X, b)
Related associations
Nearby (within 500 m): Echo Farms
About this HOA
Portwatch is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Portwatch: 1 CC&R. Last updated 2026-06-01.