What are the Governing Documents of a Home Owners Association (HOA)?
All Property Owners Associations derive the basic legal authority for their existence, activities, and actions from state statutes (laws) and certain legal documents:
- Articles of Incorporation
- Declaration of Covenants, Conditions and Restrictions (CC&Rs)
- Rules & Regulations
You can find copies of each of the PNHOA Governing Documents on the Documents page.
What are the Articles of Incorporation?
The Articles of Incorporation formally:
- Bring the Corporation (HOA) into existence
- Define the basic purpose and powers of the Corporation
- Indicate there will be a Board of Directors and may identify the initial Board
You can find copies of the PNHOA Articles of Incorporation in the Governing Documents folder on the Documents page.
What are the Association By-Laws?
The By-Laws are the guidelines for the operation of a homeowners association. The By-Laws define the duties of the various offices of the Board of Directors, the terms of the Directors, the membership's voting rights, required meetings and notices of meetings, and the principal office of the Association, as well as other specific items that are necessary to run the Association as a business. The By-Laws for the PNHOA may be viewed online within the Documents section of this website.
What are the Declaration of Covenants, Conditions and Restrictions?
The underlying document of a property owners association, apart from state law, is the Declaration, also referred to as Covenants, Conditions, and Restrictions (CC&Rs). The Declaration is the constitutional law of the association. The Declaration defines the limits and inclusions of ownership for the owners and the association. As a legal entity the association is better prepared to pursue certain business needs, such as entering contracts, raising funds, filing liens, and collecting fees in a foreclosure. The Declaration may contain:
- Definitions of the physical elements of the property
- The method for determining the share of interest in the common area for each property owner
- A list of the responsibilities for the association and individual owners and permitted uses of common areas and individual units
- Responsibilities for care of the association and the common areas
- Restrictions on the use or enjoyment of properties in the association and common areas
The Protective Covenants and Subsequent Amendments are the governing legal documents that set up the guidelines for the operation of the planned community as a non-profit corporation. The Protective Covenants were recorded by the County recorder's office of New Hanover County and are included in the title to your property. Failure to abide by the Protective Covenants may result in a fine to a homeowner by the Association.
You can find copies of the PNHOA CC&R's in the Governing Documents folder on the Documents page.
What are the Protective Covenants?
The Protective Covenants and Subsequent Amendments are the governing legal documents that set up the guidelines for the operation of the planned community as a non-profit corporation. The Protective Covenants were recorded by the County recorder's office of New Hanover County and are included in the title to your property. Failure to abide by the Protective Covenants may result in a fine to a homeowner by the Association. The governing legal documents for the association may be viewed online within the Documents section of this website.
What are Rules & Regulations?
Rules and regulations are the operational and behavioral laws that apply directly to Association residents and their guests. They state acceptable and/or unacceptable conduct for all Owners, their guests, visitors and renters. Rules and Regulations may generate conflict between the Board and the owner(s) since they may provide restrictions regarding noise, pets, use of the property or common areas, and fining procedures, however, good rules serve the interests of the entire Association and protect the common areas.
You can find copies of the PNHOA Rules and Regulations in the Governing Documents folder on the Documents page.
What are Policy and Procedures?
Policy and Procedures are a set of documents that define how the Board of Directors and Association management should operate.
The manual can be found on the Documents page of this website.
What is a Homeowner's Association?
A Homeowner's Association is a non-profit corporation registered with the State and managed by a duly elected Board of Directors. Its purpose is to maintain all common areas and to govern the community in accordance with the provision of the legal documents: CC&R's, Bylaws, and Articles of Incorporation. The governing legal documents for the Porters Neck Homeowners Association may be viewed online within the Documents section of this website. The corporation is financially supported by all members of the Homeowners Association. Membership is both automatic and mandatory.
Is membership in the PNHOA required of Porters Neck homeowners?
Yes. The deed for each property in Porters Neck ties the lot to the HOA Master Declaration. When you sign the deed of ownership for your property, you become a member of the Porters Neck HOA. This inclusion of PNHOA membership into the deed was planned by the developer so that all homes would be part of the PNHOA.
What is a Home Owners Association (HOA) assessment?
The assessment is the periodic amount due from each homeowner to cover the operating expenses of the common area, hazard insurance, and provide for reserve funds for replacement of common facilities in future years. Your assessments are due 60 days after receipt. Statements are sent quarterly by CAMS. Automatic payment is recommended.
How much does the PNHOA membership cost?
The annual assessment for PNHOA membership is set annually by the Board of Directors as part of its budgeting process. This must be approved by the membership at the Annual Meeting, generally in mid-February. The current assessment (2020) is $285 per quarter, or $1,140 per year.
Individual Mini-Associations (neighborhoods) may elect to share common functions such as grass-cutting, landscaping, etc. Residents living in these communities may incur an additional assessment for those functions, as set by that Mini-Association.
When are the Annual and Monthly meetings?
The Annual PNHOA Homeowners meeting is usually held early in February. You will receive a formal notice via mail as required by our By-Laws, as well as e-mail notification as it draws near.
The Board of Directors meets monthly, usually on the fourth Monday. Exact times and locations are displayed on the website calendar. Check the website calendar for the most up-to-date information on changes of time or location. All residents are welcome to attend. If you wish to address the Board, you must make a request through our Community Manager at least one week prior to the meeting.
Much of the work of the PNHOA is done through committees which meet on varied schedules. These are considered working meetings. PNHOA members who desire to attend a committee meeting must make a request at least one week in advance of the meeting. Committee meeting schedules are posted on the Events Calendar but are subject to change at the discretion of the Committee Chair.
If I am having a problem with a neighbor for a violation of the Rules and Regulations, what can I do?
If residents cannot resolve a situation between themselves, then turn to your Association. Contact our Community Manager at CAMS, Tara Armstrong, and she can advise you on how best to proceed.
office: (910) 256-2021
Why are there different rules and restrictions for different parts of the community?
The PNHOA sets and enforces rules and restrictions for the entire development. Individual Mini-Associations may set additional rules or restrictions on homes within their community. Examples may include house design, outdoor lighting, landscaping, etc.