Windsor Place at West Bay Estates
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association language present (entity×56, governance×7)
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What Windsor Place at West Bay Estates's governing documents say
Windsor Place at West Bay Estates is a planned community in Wilmington, NC, governed by a homeowners' association (HOA). Each lot is for a single-family home, and owners are automatically members of the Neighborhoods of West Bay Estates, Inc. The HOA maintains common elements like roads and stormwater facilities, funded by assessments on each lot.
- What you own & maintain: You own your lot and the single-family home on it. The HOA maintains common elements (private roads, stormwater ponds, open spaces) and limited common elements (none in this declaration). You must maintain your lot and any easement areas, except those maintained by utilities.
- Architectural review: All exterior changes (structures, additions, painting) require written approval from the Architectural Control Committee (or the HOA board if no committee). Approval can be denied for any reason, including aesthetics. Plans not acted on within 30 days are deemed approved.
- Minimum home size & construction: Each dwelling must have at least 1,450 square feet of heated living area (1,350 with committee approval). Exterior construction must be completed within 12 months of starting, unless delayed by strikes, natural disasters, etc.
- Use restrictions: Lots are for residential use only—one single-family dwelling per lot. No noxious or offensive activities, and nothing that creates a nuisance. Clotheslines are not allowed. Off-street parking for at least 2 cars must be provided, with driveways of concrete, asphalt, brick, or turf stone.
- Assessments & fees: Owners pay annual assessments, plus possible special, insurance, ad valorem tax, and working capital assessments. The working capital fee is $200 at purchase from the developer. Assessments are a lien on the lot if unpaid for 30+ days, and the HOA can foreclose.
- Developer rights: The developer (Torchwood Home Investments) retains special rights until the Declarant Control Period ends (when Class B votes equal Class A, or by Dec 31, 2012, or voluntarily). During that period, the developer controls the board, can amend the declaration without member approval for certain reasons, and can annex additional property.
- What this document doesn't cover: This declaration does not specify assessment amounts, pet rules, leasing restrictions, or age restrictions. Those may be in other governing documents (bylaws, rules & regulations).
Key facts from Windsor Place at West Bay Estates's documents
- Community type
- Covenant / Planned Community
- Legal name
- Neighborhoods of West Bay Estates, Inc. (Article I Section 3)
- Developer / declarant
- Torchwood Home Investments, Inc.
- Governing law
- North Carolina Planned Community Act set forth in Chapter 47F of the North Carolina General Statutes (Preamble)
- Assessments & dues
- First Annual Assessment set by Declarant prior to first Lot conveyance; subsequent amounts determined by budget process (Article IV Section 3)
- Special assessments
- Two types: (A) with assent of two-thirds of Members of each class voting in person or by proxy at meeting called with 10-60 days notice, for capital improvements; (B) without vote to reimburse Declarant for maintenance costs of Common Eleme (Article IV Section 4)
- Collections & liens
- Association may file lien after 30 days unpaid; lien prior except to prior recorded interests and tax liens; foreclosure like mortgage; lien extinguished if not enforced within 3 years; first mortgagee acquiring title not liable for prior a (Article IV Section 11)
- Reserves & fees
- Working capital fund used for operating and capital expenses (not a reserve fund per se) (Article IV Section 7)
- Fences
- Fences permitted on any Lot subject to approval of design, placement, and materials by Architectural Control Committee (Article VI Section 2.D)
- Architectural approval
- Plans for any dwelling, wall, other structure, exterior addition/change/alteration (including painting) must be approved in writing by Architectural Control Committee as to harmony of external design and location (Article VI Section 1)
- Setbacks / home size
- Each dwelling minimum 1,450 square feet enclosed heated dwelling area; ARC may permit 1,350 square feet if variance will not adversely impact property values (Article VI Section 2.A)
- Maintenance
- Association responsible for operation and maintenance of Common Elements (including private roads, stormwater facilities, open space); Owners responsible for their Lots and easement areas (except utilities); Association has right to enter L (Article III Section 5, Article II Sectio)
- Voting & meetings
- Two classes: Class A (owners) 1 vote per Lot; Class B (Declarant) 3 votes per Lot during Declarant Control Period; fractional voting prohibited (Article III Section 3)
- Amendments
- Declarant may amend without Member approval: prior to sale of first Lot; when applying to Additional Property; to correct errors; for tax exemption; to incorporate platting changes; to conform to law or government agency requirements. Only (Article V Section 3)
About this HOA
Windsor Place at West Bay Estates is a homeowners association in Wilmington, NC.
HOAproxy has 1 document on file for Windsor Place at West Bay Estates: 1 CC&R. Last updated 2026-06-01.