Castle Bay

Property Owners Association

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CASTLE BAY PROPERTY OWNERS ASSOCIATION, INC.
RULES AND REGULATIONS and
EXCERPTS FROM THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS
Alterations: No person shall undertake or cause, or allow any alteration or construction in or upon any portion of the Common Elements except at the direction or with the express written consent of the Association. (Cost of removal/repair and/or penalties not exceeding $50 each)
Antennas, Cablevision, Music: The Association may regulate or prohibit the erection of television, radio or other disk or antennas on individual Lots. (If approved by the ARC in writing, it should be post mounted and not visible from the streets) Antennae: Exterior radio and television antennae, aerials, disks, and dishes for reception of commercial broadcasts shall not be permitted on any Lot and no aerials, disks, and dishes (for example: without limitation, amateur short wave or ship to shore) shall be permitted on any Lot without permission of the Board as to design, appearance and location or pursuant to Regulations issued for that purpose. One small television satellite disk will be temporarily allowed per Lot until permanent television cable has been installed.(See Guidelines) (Legal Costs incurred)
Animals: No animals, birds, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that dogs, cats, pet birds or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and are controlled in accordance with applicable governmental ordinances and are not a nuisance to other Owners. Pender County Containment Law will prevail and provides that pet owners must keep their pets contained to their property or on a leash at all times. A warning will be issued by Pender County initially, after which a $50.00 citation will be served for each violation. Pet owners shall clean up after their pets. (Also subject to “penalty section” of this document)
(Up to $50 per occurrence)
Architectural Control: No site preparation (including but not limited to grading, elevation work, landscaping, sloping or tree work) or initial construction, erection or installation of any improvements, including but not be Iimited to, buildings, fences, signs, walls, bulkheads, screens, landscaping, plantings, yard furniture, play areas, play equipment or other equipment. furniture or structures shall be commenced, erected, placed, altered, removed, repaired or maintained upon the Property or any Lot, nor shall any addition to, or change, or alteration therein be made by any Owner, other than Declarant, until the plans and specifications, showing the nature, kind, shape, height, materials, exterior colors, siding, location and elevations of the proposed improvements on landscaping or yard equipment or furniture shall have to be submitted to, and approved in writing by, as to harmony of external design and location in relation to surrounding structures and topography, the Board of Directors of the Association, or by Architectural Committee. (Legal Costs incurred) (Structure Defined by “Black’s Law” [A structure usually refers to any large, man made object permanently fixed to Earth's surface, as a result of [[construction]]. These are divided into [[building]]s and [[non building structure]]s, and make up the [[infrastructure]] of a human society.])
Assessments - Nonpayment of and Remedies of the Association: Any assessment not paid within thirty (30) days after the due date shall be delinquent, in default, and shall bear interest from the due date at the highest rate then permitted by North Carolina law not to exceed ten percent per annum (or $15.00 per month as adopted). The Association may bring an action at law against the Owner personally obligated to pay the same plus interest costs, late payment charges and reasonable attorney’s fees, or foreclose the lien against the Lot. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Elements or abandonment of his Lot. At such time as an assessment is more than 30 days past due in an amount of $250.00 or more, the Association may file a lien on the property
Assessments - Personal Obligation: The Declarant (Association), for each Lot owned within the Property, hereby covenants, and each owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant, and agree to pay to the Association: (I) annual assessments or charges which are Common Expenses, and (2) special assessments for extraordinary maintenance and capital improvements, (3) special assessments for purchase, construction or reconstruction of improvements. Each Owner covenants for himself, his heirs, successors and assigns, to pay each assessment levied by the Association on the Lot described in such conveyance to him within ten (10) days of the due date as established by the Board, and further covenants that if said assessment shall not be paid within thirty (30) days of due date, the payment of such assessment shall be in default and the amount there of become a lien
SEE: Parking – On Street – Pages 4 / 5
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upon said Owner’s Lot as provided herein and shall continue to be such lien until fully paid. (Legal Costs incurred)
Basketball Backboard Guidelines : Permanent and Portable basketball goals shall be subject to the following restrictions:
? Permanent and Portable basketball goals may be located and used in either the Owner’s BACK or FRONT yards (as defined by the FRONT of the house located where the street number is located), subject to Architectural Committee approval. The Permanent or Portable goal shall not create an unsightly nuisance for neighbors. Non-portable goals and portable goals, like any other exterior change, are subject to advance written approval of the Architectural Committee. Goals erected without prior approval may not be approved by the Architectural Committee; homeowners could be required to remove unapproved goals, and may be subject to fines.
? Permanent and Portable basketball goals may be used in FRONT yards only on the owners' driveways, subject to restrictions described below. The presence of a sloping driveway does not waive or limit this restriction. To prevent unsightly conditions, portable basketball goals shall be stored out of sight from the street(s) when not currently in use. Goals must not be used on, or block, common areas, sidewalks, and/or streets. Problems with street blockage or other violations of this Regulation, should be reported to the Castle Bay Property Owners Association Management Company.
? Permanent & Portable basketball goals, when in use, may be placed in an owners' BACK yard (as defined by the FRONT of the house located where the street number is located), subject to Architectural Committee approval prior to the first use of the goal. The goal SHALL NOT be visible from the street or create an unsightly nuisance for neighbors. Permanent & Portable goals, like any other exterior change, are subject to advance written approval of the Architectural Committee. Goals erected without prior approval may not be approved by the Architectural Committee; homeowners could be required to remove unapproved goals, and may be subject to fines
? Permanent and Portable basketball goals, when in use, may be placed in an owner's Front yard, but only in a location on the owner's own lot, adjacent to and facing the driveway (i.e., perpendicular to the street), and at least ten feet back from common area sidewalks and/or curb. Permanent goal placement at the midpoint of the length of the driveway (1/2 way between the front of the garage door and the edge of the sidewalk closest to the house (or the end of the driveway, for houses without sidewalks).
? Permanent and Portable Basketball goals must be at least six feet inside the homeowner’s property line.
? Permanent and Portable visible goals must be mechanically sound, clean, and well maintained. Owners may not permit visible goals to become an unsafe or unsightly nuisance, and the Board in its sole judgment may require the removal of such goals.
? Goals, players, and/or basketballs must not be permitted to damage surrounding landscape, structures, vehicles, or signage in common areas, or other owners' property.
? For safety reasons, goals may not be positioned to encourage playing on a sidewalk, on neighbors' property, or in a street.
? Goals are permitted in common areas only with prior written permission from the Association. Unauthorized goals are subject to removal and disposal by the Association, with costs charged to owners.
For either Permanent or Portable Basketball Goals, the party or parties using the goal must do so in manner so as not to become a nuisance to neighboring properties, and/or violate Article IV Section 3. ”Quiet of Enjoyment”. This would include the use of any basketball goals from ½ hour before locally advertised time of Sunset, to 1 hour after locally advertised time of Sunrise. (Minimum of $25 per occurrence)
Behavior – Offensive: No immoral, improper, offensive, or unlawful use shall be made of the Property, or any part thereof. All laws, orders, rules, regulations, ordinances, or requirements of any governmental agency having jurisdiction thereof, relating to any Lot or any portion of the Property, shall be complied with, by and at the sole expense of the Owner or the Association, whichever shall have the obligation to maintain such portion of the Property. (Minimum of $25 per occurrence – Legal Costs Incurred)
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Building – Accessory: No structure, except as hereinafter provided, shall he erected, altered, placed or permitted to remain on any detached single—family residential Lot. (Legal Costs incurred)
Built Upon Area: Each owner, by acceptance of a deed for a Lot in all Phases, the Castle Bay Subdivision Homeowners Association, Inc. and Declarant agree that the total built upon area for each Lot (including that portion of the right of way between the edge of the pavement and the front Lot line, and all structures including asphalt, gravel, concrete, brick stone, slate or similar materials not including wood decking or the water surface of swimming pools) shall not exceed that as outlined within the Declaration. (Legal Costs incurred)
Business: No industry, business, trade, occupation, or profession of any kind, whether commercial or otherwise, shall be conducted, maintained or permitted on any Lot. (Legal Costs incurred)
Common Elements Use: The Common Elements shall be used only for the purposes for which they are intended and reasonably suited and which are incident to the use and occupancy of the Property, subject to any rules/regulations that may be adopted by the Association pursuant to its Bylaws. (Cost of removal/repair and/or penalties not exceeding $50 each)
Construction Limitations: During construction, all vehicles involved, including those delivering supplies, must enter the Lot on a driveway only as approved by the Board so as not to damage unnecessarily trees, street paving and curbs. During construction, builders must keep the homes, garages and building sites clean and free of debris. All building debris, stumps, trees, etc., must be removed from each Lot by builder as often as necessary to keep the house and Lot attractive. Such debris will not be dumped in any area of the Property. (Cost of removal/repair and/or penalties not exceeding $50 each)
Docks: No private docks, piers, moorings, boat houses, slips or similar structures may be erected, placed on, or connected to any Lot, unless specifically authorized in the deed of said Lot. (LegalCosts incurred)
Drying Areas: Clotheslines or drying yards shall not be located upon any Lot without the prior written consent of the Board, which consent may be conditioned or withheld in the sole discretion of the Board, or as set forth in Regulations established for that purpose. (Minimum of $25 per occurrence)
Exterior Improvement Maintenance Responsibility: Each Lot Owner, at his sole cost and expense, shall continuously provide exterior upkeep and maintenance of the improvements on the Lot. Such improvements shall always be maintained in a neat and attractive manner and in keeping with the quality or standard of maintenance of other Lot Owners in the Property. Such maintenance and upkeep shall include, without limitation, exterior building surface care such as painting, staining, cleaning, repair/replacement of roof, shingles or siding, repair/replacement of gutters, downspouts, moldings, doors, screens and glass surfaces, and shall further include repair/maintenance of fences, screens, walks, driveways, exterior lighting & lighting fixtures. (Cost of removal/repair and/or penalties not exceeding $50 each)
Firearms--Hunting Prohibited. There shall be no discharging of firearms, guns or pistols of any kind, caliber, type or method of propulsion; and no hunting of any type shall be carried on or conducted on the Property. (Minimum of $25 per occurrence)
Flag Poles and Flags: Flag poles shall be mounted on the house only. (Example: Mounted on residence
adjacent to garage door or at front entry area.) Approved flag poles are those normally used to fly a flag of 3 feet x 5 feet in size. Flags allowed to be flown shall be only the United States and North Carolina flags and they should not exceed 3 feet x 5 feet in size. No flag poles shall be in the front or side yards with the exception that flag poles previously installed (prior to 10/01/07) without first having architectural approval shall be removed from the front yards and may be installed in the rear yard. Maximum height of any “excepted” flag pole shall be not more than fifteen (15) feet above ground level. In no case shall a flag pole be of a product other than stainless steel or aluminum. (Minimum of $25 per occurrence)
Garbage/Trash – Gas Tanks - Enclosures: TRASH CARTS: Trash cart service must be obtained from the one company chosen by the Association (A-1). Owners who hand carry their garbage to the Pender County Collection Point are not required to use the chosen service company.** Trash carts must be screened properly so they are not visible from the street. This may be done by either of two methods. Those being, plant screening with large enough plants to conceal from street view ...… or….. by the construction of a screen.
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GAS TANKS (LP): Gas tanks must be screened properly so they are not visible from the street. This may be done by either of two methods. Those being, plant screening with large enough plants to conceal from street view … or … by the construction of a screen. ENCLOSURES: FOR GAS TANKS AND TRASH CARTS: Gas Tanks must be screened from view by passerby. Constructed screens may be either of wood lattice, plastic lattice, brick lattice or wooden slot fence (shadowbox fencing) as follows: (a) Wood lattice painted / stained the same as your house trim color. (for lasting ability, it may be that you would prefer to use “treated wood” lattice to lessen the chance of wood rot.) (b) Plastic lattice painted / stained the same as your house trim color. (c) Brick lattice, using the same brick as the house type. (d) Wooden slot fence (shadowbox) painted / stained the same as your house trim color. (for lasting ability, it may be that you would prefer to use “treated wood” to lessen the chance of wood rot. (If treated wood is used, it is suggested that it be allowed to dry out at least 15 days prior to painting / staining. The moisture evaporation would allow the paint/stain to permeate the wood.)
(Minimum of $25 per occurrence)
** Use of one trash service company is mandatory…yet allows the owners to have one pickup day, a reasonable price and less “truck” wear/tear on the roads (which have to be maintained by the Association and comes out of the dues you pay.) As of 10/01/07 the ONLY approved trash service is with: Waste Industries (910) 762-7563
Grounds – Grass / Landscape: All grass area of yards must be sodded and must have underground sprinkIing for watering purposes. Unsightly Growth: No weeds, underbrush or other unsightly growth shall be permitted to grow or remain in any Lot, and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain thereon, including vacant parcels. Trees and Shrubs: The Association encourages the planting of flowering shrubs and trees. However, no trees, bushes, shrubs, grasses or other vegetation whatever, may be removed, planted or installed from or on any Lot without prior written approval of the Board, based upon a site plan, landscaping pIan or planting plan submitted to the Board or Architectural Committee. (Legal Costs incurred)
Insurance: Nothing shall be kept, and no activity shall be conducted, on the Property which will increase
the rate of insurance applicable to residential use for the Property or any Lots. No Owner shall do or keep anything, nor cause or allow anything to be done or kept on his Lot or on the Common Elements which will result in the cancellation of insurance on any portion of the Property, or Lots therein, or which will be in violation of any law, ordinance, or regulation. No waste shall be committed on any portion of the Common Elements. (Cost of removal/repair and/or penalties not exceeding $50 each)
Irrigation Systems: No individual water supply system shall be permitted on any Lot except a non—portable lawn irrigation system not connected to any building. A shallow well may be permitted for such water supply, but drilling or construction for such shallow well must have prior written approval by the Board. The pump, pressure tank and pump house, if any shall be considered structure requiring prior architectural approval. (Cost of removal/repair and/or penalties not exceeding $25 each)
Multi—Family Use Prohibited. No multiplex residence or apartment house shall be erected or placed on, or allowed to occupy, any detached single-family residential Lots, and no dwelling once approved and constructed shall he altered or converted into a multiplex residence or apartment house. Townhome construction will be allowed in Phases II, Ill, and V with approval from the Board and local authorities. (Legal Costs incurred)
Parking: No boats, trailers, campers, motor-homes, trucks other than pickup trucks, or tractors shall be parked on any Lot, on the Common Elements, or on any right of way of any roads or streets (any vehicular [including cars] parking on the streets is strongly discouraged) within the Property or adjoining the Property by any Lot Owner, tenants or contract purchasers, except inside an enclosed garage (or driveway) located on a Lot or in a specified storage area established by the Association or except as otherwise may be permitted by Rules and Regulations of the Association. Delivery and maintenance vehicles are permitted (as long as they are in the process of performing maintenance for residents) See Trailers” (Minimum of $25 per occurrence and/or towing costs)
Parking – On Street: Motor vehicles shall not park on “Common Elements”, including grassed areas at the entrances to the subdivision and right-of-ways. Lot owners and tenants shall park their motor vehicles only in the driveways or garages of their Lot. Vehicles may not park on any Lot’s grassed area. Short term Guest(s) (short term defined as three [3] hours or less) shall park only in the driveway, garage or along the street but off the grassed areas of other Lot Owners, being careful not to damage sprinklers or grass. Short term Guest[s] shall park properly in the direction of traffic flow and in a manner not to impede traffic and emergency vehicles. Extended parking (over three [3] hours) and overnight parking of any motor vehicle by
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anyone in the streets or rights of way is prohibited. The Association shall have the right to have violators towed at the expense of the owner of the motor vehicle and/or fine the applicable Lot Owner.
(Please report violations promptly to management at 910-762-3262 or by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it along with information detailing applicable lot address, vehicle color, make, model, license number, date and time.) (In the event there is a valid need for temporary on street parking in excess of the allowed three [3] hours, the lot owner must call 910-762-3262 and leave a message to the effect that a time overage may occur, the reasons for it and expected duration. Give your name, address, phone number, date, information relating to identification of the vehicle[s] and the time element the vehicle[s] is expected to remain in the on-street location. Exceptions shall only be granted for valid, occasional, short term hardships on a case by case basis in the discretion of the Board
(Violations of this rule will subject the Lot Owner to a monetary penalty after the first warning. Penalties: 1st violation of $25.00, the 2nd violation - $50.00, subsequent violations are subject to additional penalties of $100.00 over and above those outlined in the Assessment Penalties Rule. Violations found to be valid at the required “hearing” will be subject to late charges if not paid as defined in the Late Charge Policy).
Parking Spaces: Each Lot Owner shall provide space for parking two (2) automobiles off the street prior to the occupancy of any dwelling constructed on said Lot in accordance with standards established by the Association. (Minimum of $25 per occurrence)
Play Sets: Only a specific type of children’s playset is approved for exterior lot placement. No playset may be placed on a lot without first submitting an architectural request and having received a written approval. All playsets must be of wood construction and can only be of an approved color(s). Specific information may be obtained from the ARC as to specifications and requirements. Townhome Architectural Guidelines may supercede these guidelines in the event a townhome resident requests permission to install a playset. (Legal Costs incurred)
Property Use: The Property shall be used for single-family residential purposes other than multi-family as approved, incidental or accessory thereto. (Legal Costs incurred)
Quiet of Enjoyment: No obnoxious or offensive activity shall be carried on upon the Property, nor shall anything be done which may be, or may become, a nuisance or annoyance to the neighborhood. (Minimum of $25 per occurrence)
Replacement Reserve: Out of the Common Expenses assessment, the Board shall create and maintain a reserve fund for the periodic maintenance, repair, and replacement of improvements of the Common Elements and any Common Elements and any Limited Common Elements, which the Association may be obligated to maintain.
Rules and Regulations: The Board of Directors of the Association shall have the power to formulate, publish and enforce reasonable rules and regulations concerning the use and enjoyment of the Common Elements. Such rules and regulations may provide for the imposition of fines or penalties for the violation thereof or for the violation of any of the covenants and conditions contained in this Declaration.
Setback Lines: No dwelling erected on a detached single-family residential Lot (including garage) shall be constructed nearer than twenty-live (25) feet to the front Lot line, or ten (10) feet to any side Lot line, or fifteen (15) feet to the rear Lot line. This restriction shall prevail over any lesser governmental setback standard. Variances of these setback requirements may be granted pursuant to Article V hereof, but in no case will the setback be less than that required by the governmental agency having jurisdiction over The Property. (Legal Costs incurred)
Signs: No Lot Owner shall display, or cause, or allow to be displayed, to public view any sign, placard, poster, billboard, or identifying name or number upon any Lot, or any portion of the Common Elements, except as allowed by the Association pursuant to its Bylaws and regulations or as required by local governmental authority; provided, however, no sign shall be nailed to a tree. For Sale and For Rent signs are not allowed. SUBJECT TO FUTURE CHANGE but allowable as of March 22, 2007:…One (1) Real Estate “For Sale” which is to be placed in the plant bed adjacent to the front entry or “For Rent” sign not exceeding 2 feet by 2 feet may be placed inside a residence in a front window and one standard Brochure Box for 8.5” x 11” size handouts may be placed on a lot not closer than 3 feet from the street curbing. Garage Sales are not allowed nor are their related signs. (Do not post personal/business signs on mail boxes) (Minimum of $25 per occurrence)
Subdividing: No lot shall be subdivided, or its boundary lines changed except with the prior written consent of the by the Board of Directors. (Legal Costs incurred)
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Storage Pods: Standard commercial storage pods (storage boxes) are allowed to be placed in the driveway of a lot for a period of not more than seven (7) days. The lot owner shall first notify the association of the date it will be placed on the lot and if it must remain in excess of 7 days, the association is to be contacted for a day to day extension.
Tanks–Fuel / Storage Receptacles: No fuel tanks or similar storage receptacles may be exposed to view. Such receptacles may be installed only within an accessory building or within a screened area, or buried underground; provided however, that nothing contained herein shall prevent the Association from erecting, placing or permitting the placing of tanks, or other apparatus, on the Property for uses related to the provision of utility or other service. (Minimum of $25 per occurrence and/or legal costs)
Trailers, Etc: No trailer, tent, mobile home, modular home or other structure of a temporary character shall be placed upon any Lot at any time, provided, however, that this prohibition shall not apply to shelters or storage units used by the contractor during the construction of a dwelling, garage or accessory building, it being clearly understood that these latter temporary shelters may not, at any time, be used as residences or permitted to remain on the Lot after completion of construction. (See “Parking”) (Minimum of $25 per occurrence and/or legal costs)
Trash Receptacles: May only be put out for collection after 6 PM on the evening prior and remain out no later than 9 AM the morning following collection day. Each Lot Owner shall provide receptacles for garbage in a screened area not generally visible from the road, or provide underground receptacles or similar facilities in accordance with standards established by the Association. (See Garbage/Trash for additional information relating to trash service) (Only 2 wheel carts allowed) ($10 minimum per occurrence)
Assessment Penalties - Special: Monetary penalties may be imposed against any owner for the violation by that owner, their assignees, lessees or guest of any Rule or Regulation adopted by the Board or By-Law breach, or the breach of any provision of the Declaration. A Warning Letter will be issued advising the owner of the violation. Depending upon the violation, if it has not been corrected within seven (7) days from date of the letter, a penalty may be levied.
OCCURRENCE ELAPSED TIME FROM POSTMARK PENALTY
1st Initial None – Warning
2nd Immediate $10.00 to $ 25.00
3rd and Subsequent Violations Immediate $10.00 to $ 50.00
(A Rules Violation Hearing as prescribed by NC Statute will be had prior to any assessment penalty being made effective. The failure to respond or attend a Rules Violation Hearing will not absolve an owner from application of a penalty nor will the fact that a lot is occupied by a “tenant”.)
For additional information, see the CBPOA “Architectural Guidelines” which are enforceable in the same manner as the Rules & Regulations and CC&Rs. Readers are cautioned that for specific information and detail, the Bylaws and Declaration and other pertinent paperwork should be first consulted prior to taking any action relating to the information contained herein. THESE RULES AND REGULATIONS ADOPTED THIS THE 19th DAY OF DECEMBER, 2007 BY THE CASTLE BAY PROPERTY OWNERS ASSOCIATION BOARD OF DIRECTORS. Additional changes made 4/21/14.
CONTACT INFORMATION: Mailing: P O Box 12633 Wilmington NC 28405-0130
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it Manager This e-mail address is being protected from spambots. You need JavaScript enabled to view it Accounting
Office: 910-762-3262 Fax: 910-762-3252

 

 

Castle Bay POA