Post date: Feb 27, 2019 11:51:22 PM

Dear Bohicket Landing Home Owners and Residents:

The Board of Directors (BoD) for the Bohicket Landing Homeowners Association (BLHOA) held a board meeting on 18 FEB 19 to discuss regular association business and new topics. I apologize for the length of this newsletter, but it is necessary in order to inform you of topics discussed during that meeting, as well as, upcoming events or issues that you should be aware of.

Boat Ramp Storm Damage

Most of the fallen trees and other storm debris that was at the boat ramp has been removed. There are still a few items that need attention and the BoD will solicit bids from licensed contractors to complete that work. The BoD will notify all members and residents when that work begins and ends.

Access to the Boat Ramp

There continues to be a number of unauthorized persons using the boat ramp. Family members, friends, or associates of BLHOA members who do not live in Bohicket Landing must be accompanied by the BLHOA member at all times when using the ramp. Those persons who do not reside within the association are permitted access to the boat ramp only as a guest and shall not be given the combination code to the boat ramp gate. Renters may access the boat ramp if granted permission by the property owner and are subject to the same rules as the owners.

The combination code to the boat ramp gate will be changed and redistributed again in the near future. BLHOA members or renters who are found to be giving out the code to family members, friends, or other persons that are not authorized users may have their boat ramp use privileges revoked and/or fined as allowed per NC General Statue 47F and the HOA By-Laws.

Boat Ramp Property Boundaries

When using the boat ramp, some members or their guests have been trespassing on property that is not owned by the BLHOA. The red lines on the map on attached at the bottom of this newsletter identify the boat ramp property boundaries. The light blue dot on the map represents a fallen tree that is not part of the BLHOA property. The yellow shaded areas represent trails or areas on neighboring properties that are routinely trespassed upon and are also not part of the BLHOA boat ramp property.

Please do not trespass on those neighboring properties. We’ve had a number of issues with the clearing of branches from those properties that overhang the boat ramp area, dumping of litter, etc., and wish to avoid any liabilities with the owners of those adjacent properties.

Boat Ramp Wet Land Areas

A portion of the boat ramp area is considered wetlands and is protected by North Carolina Department of Environmental Quality (NCDEQ) regulations. Trimming of any marsh bushes and removal of mud from the concrete ramp requires a NCDEQ permit (https://deq.nc.gov/permits-regulations/rules-regulations).

The BLHOA can be fined for any damage or changes to those areas without the appropriate permits or authorization. Persons who damage or change these areas may be responsible for any fines levied upon the association.

Please see the Boat Ramp Rules as adopted on 09-15-14 for other details and information on the use of the boat ramp. A copy of the boat ramp rules may be downloaded from the Resource Center on the BLHOA website.

Over Due Annual or Special Assessments

The BLHOA has recently collected $4,750.00 in overdues assessments by hiring an attorney to place liens on those properties with overdue assessments. Prior to the liens, we sent numerous requests to the owners and, in some cases, personally reached out to the owner to make some sort of payment option or delay the collection in the cases of hardship. For those owners that would not respond or cooperate, we had no choice but to file the property liens.

The BLHOA is currently owed another $12,975.51 in overdue assessments, late fees, and interest. We also have liens in place on those properties, but it seems unlikely that we will collect anything from those owners. The next step is to request a “Nonjudicial Power of Sale Foreclosure Due a Claim of Lien”. This means, that if the lien is upheld in court as a valid debt, then the court could direct sale of the property at a county auction so that the BLHOA would be paid the overdue assessments, late fees interest fees, and any associated lawyer fees from the sale.

The BoD will discuss the next steps with the BLHOA members at the next members meeting (approximately JUN/JUL 2019) and the association attorney before taking any further action.

Restrictive Covenants and Architectural Standards Guideline Compliance Issues

There are a number of properties still recovering from storm damage. The BoD understands that repairs or construction is still taking place for many owners (including ourselves). However, there are several properties that still have debris piled up at curb side, as well as, damaged fences and other structures that are potential hazards. All storm or construction debris needs to be removed by the property owner in a reasonable time frame or immediately if it represents a hazard.

There are also a number of properties with other compliance issues; such as trailers, boats and other equipment parked in driveways or on the street, trash cans and recycle bins not secured to prevent trash from blowing through the neighborhood, these same cans and bins stored in front of homes when not in use, debris/trash in stormwater areas, play equipment outside of property boundaries, missing house & mailbox numbers, minimum border clearance of undeveloped lots, etc.

The BoD reminds all owners and residents to ensure their property complies with the requirements listed in Article 12 of the covenants and Articles 2 through 6 of the Architectural Standard Guidelines. A copy of the Restrictive Covenants (Declared 23 JUN 2005 and 30 SEP 2005) and the Architectural Standard Guidelines (Resolution 15-01 Adopted on 15 JUN 2015) were presented to all owners upon transfer of deed or adoption of the rule and may also be downloaded from the Resource Center on the BLHOA website.

Approximately forty-five (45) days from the date of this newsletter, the BoD will forward compliance letters to property owners who still have compliance issues. Thirty days (30) after the compliance letter is sent, and if corrections are still not made, the BoD may initiate fines and suspension of privileges as is allowed by NC law and the association by-laws.

If you have concerns/questions about a potential violation, please contact a BoD officer. A list of BoD contacts is listed on the About Us page on the BLHOA website.

Adopt Resolution 19-01

The BoD recently approved resolution 19-01 (Adoption of Policies Rules and Assessments). This resolution defines how the current and future BoD will adopt any future rules and requires HOA members to be notified of any potential assessment increases. It also affords an opportunity for HOA members to be heard and comment on any rule changes or assessment increase.

A copy of resolution 19-01 is attached to the bottom of this newsletter and is available for download from the Resource Center on the BLHOA website.

Amend Resolution 15-01.

Proposals were submitted to amend Resolution 15-01 (Architectural Standard Guidelines, Application & Review Procedures, and Landscape & Exterior Maintenance Requirements for the BLHOA). This amendment would define the requirements for pre-litigation disputes, above ground pools, play equipment, watercraft/trailer parking, and other issues.

The BoD will finalize these changes and submit a notice (approximately 1 APR 2019) to all BLHOA members for comment, before voting to accept, disapprove, or implement the proposed changes. The notice will include a copy of the proposed changes.

Moving or Vacating a Residence

When moving or vacating their residence for an extended period, the BoD requests that all owners provide a forwarding address, email, and phone number (optional) before vacating the premises. This will allow the BoD to keep the member updated with all association news or potential issues.

Upcoming BoD Vacancy and Annual Members Meeting

There will be an election for a board member at the next BLHOA members meeting that will take place approximately JUN/JUL 2019. The vacating board member intends to run for re-election, but if there are other nominations, please submit them as soon as possible to the BoD Secretary or President.

The rules governing election of the BoD are outlined in the BLHOA By-Laws (Adopted 02 JUL 2005). A copy of the By-Laws is available for download from the Resource Center on the BLHOA website. The annual meeting notice and election ballots will be submitted via separate correspondence within the time frames specified by the By-Laws.

Again, I apologize for the length of this newsletter, but thought it was important that our members are updated on current and future association business. If you have questions or concerns, please do not hesitate to contact me or another BoD officer.

For the BLHOA Board of Directors,

Mark D. Little