Bald Head Association· Bald Head Island, North Carolina
Our initial scan found 6 potential issues in your governing documents.
We checked the 2 public PDFs on Bald Head Association’s website against current North Carolina and federal HOA law—and more issues may exist depending on the documents you load.
✓CC&Rs / Declaration✓Rules & Enforcement Policies+ Add up to 10 PDFs in Full Analysis
“Enforcement, Fines, and Suspension of Privileges — In the event of a violation of these Covenants, the Bylaws, or the Design Guidelines by any Owner or his contractor, agent, or tenant, the Board of…”
Why It’s Flagged
N.C. Gen. Stat. § 47F-3-107.1
N.C. Gen. Stat. § 47F-3-107.1: A lot or unit owner may not be fined or have planned community/condominium privileges or services suspended unless the owner is given notice of the charge, an opportunity to be heard and to present evidence, and notice of the decision before an adjudicatory panel appointed by the executive board (whose members must contain no officers, directors, or their immediate family members) or before the executive board itself.
If a violation is found, the fine may not exceed one hundred dollars ($100.00) for the violation, plus up to one hundred dollars ($100.00) per day for any continuing violation occurring more than 5 days after the decision is communicated to the owner.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1Pursuant to N.C. Gen. Stat. § 47F-3-107.1, no fine or suspension of community privileges or services shall be imposed until the owner has been given written notice of the alleged violation and an opportunity to be heard and present evidence before the Executive Board or an adjudicatory panel composed of members who are neither officers nor directors of the Association.
2Any fine imposed shall not exceed One Hundred Dollars ($100.00) for a single violation, and for a continuing violation may not exceed One Hundred Dollars ($100.00) per day beginning more than 5 days after the decision is communicated that the violation occurs.
3The owner may appeal an adjudicatory panel decision to the full Executive Board within 15 days.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
5 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 5 remaining issues—plus load up to 10 PDFs for complete review.
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