Bayberry Forest
Homeowners association — you own your lot and home; the association maintains common areas and enforces covenants.
association language present (entity×65, governance×4)
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What Bayberry Forest's governing documents say
Bayberry Forest is a single-family home community in Wilmington, NC, governed by a homeowners' association (HOA). The declaration establishes the HOA, sets rules for lot use, and outlines owner responsibilities and restrictions.
- What you own & maintain: You own your lot and house. The HOA maintains common areas and the exterior of houses (excluding roofs and glass). Roofs are your responsibility.
- Assessments & fees: Annual assessments are set by the HOA at a uniform rate per lot. A special assessment for capital improvements requires a two-thirds vote of members. A working capital reserve equal to two months' estimated assessments is due at closing.
- Leasing & rentals: Leases must be in writing, for at least 30 days, and cannot be for transient or hotel purposes. You cannot lease less than the entire home. Tenants must comply with all HOA rules.
- Pets: Only dogs, cats, or other household pets are allowed, kept in your home, and not for commercial purposes.
- Architectural review: Any exterior changes (buildings, fences, signs, antennas, etc.) require prior written approval from the Architectural Committee. Plans are deemed approved if not acted on within 30 days.
- Use restrictions: Lots are for residential use only. No business, trade, or profession is allowed. Minimum house size is 1,400 square feet (excluding porches, decks, garages). No subdivision of lots.
- Party walls: Walls on lot dividing lines are party walls. Repair costs are shared proportionally by owners using the wall. Disputes go to arbitration.
Key facts from Bayberry Forest's documents
- Community type
- Homeowner's Association (Article I.B: "The Bayberry Forest Homeow)
- Units / lots
- Phase I: lots 5 through 20 = 16 lots; additional phases contemplated (Article I.D: "designated by numbers 5 th)
- Developer / declarant
- HESS PROPERTIES, INC., a North Carolina Corporation (Preamble and Article I.A)
- Governing law
- North Carolina General Laws pertaining to non‑profit corporations (Article II.E.4: "the general laws of the)
- Assessments & dues
- Board prepares annual budget, membership approves budget, then Board fixes assessments at a uniform rate per lot, payable monthly, quarterly, or annually (Article III.C)
- Special assessments
- Allowed for capital improvements with assent of two‑thirds of votes of members voting at a meeting called for that purpose (Article III.D)
- Collections & liens
- Assessments are a continuing lien on the lot; Association may foreclose judicially; lien subordinate to first mortgage (Article III.A and III.H)
- Reserves & fees
- Working capital funds remaining after first full year may be transferred to general funds at Board's discretion (Article III.I)
- Pets
- Yes, dogs, cats, or other household pets kept in the home of the owner, not for commercial purposes (Article IX.C)
- Leasing & rentals
- Yes, subject to restrictions (Article IX.D)
- Architectural approval
- Yes, for any building, fence, sign, wall, antenna, satellite dish, clothesline, or other structure, and exterior additions/changes (Article X)
- Home business
- Prohibited (except Declarant may use up to two homes for sales/model purposes) (Article IX.B.10: "No industry, business,)
- Signs & flags
- No signs, placards, posters, billboards, or identifying name/number displayed to public view except as allowed by Association; Declarant and mortgagee may place 'For Sale' or 'For Rent' signs (Article IX.B.11)
- Setbacks / home size
- No building erected on a lot unless it contains at least 1,400 square feet exclusive of porches, decks, and garages (Article IX.B.14)
- Maintenance
- Owner's responsibility (Article II.E.2: "but not to include the )
- Insurance
- Deductibles payable by Association are a common expense (Article II.E.3(e))
- Use restrictions
- Yes (Article IX.B.1: "All lots, buildings and)
- Voting & meetings
- One vote per lot; voting rights can be suspended for non‑payment of assessments (Article II.B: "one membership in the Ass)
About this HOA
Bayberry Forest is a homeowners association in Wilmington, NC.
HOAproxy has 2 documents on file for Bayberry Forest: 1 CC&R and 1 recorded document. Last updated 2026-07-13.
Governing documents
- Declaration of Covenants (1989) · Bk 1478/Pg 0553 (15 pages) — PDF
- Document (18 pages) — PDF