RULES AND REGULATIONS OF THE BRANDYWINE BAY ASSOCIATION, INC

(Revised April 2022)

1.  GENERAL   

 Each member is responsible for the proper conduct of family, guests and service personnel and should be certain that they understand and observe all rules & regulations promulgated by the Board of Directors of the Brandywine Bay Association, Inc.  Additionally, members who rent or lease their residences are responsible for the actions of their tenants.

2.  STAFF

Only a BBA Board Member or board appointee is authorized by the Board of Directors to give instructions or direct the activities of maintenance subcontractors.

3.  SECURITY

The BBA entry gate is controlled by Security Entrance Cards issued to each Brandywine Bay Association Inc., property owner. In addition to gate entrance, these two Security Entrance Cards have been keyed to allow entrance to the Swimming Pool. BBA Vacant Lot owners and Non-resident Marina Members shall be authorized only one (1) Security Entrance Card. Non-resident Marina Members are not authorized BBA Swimming Pool privileges.

The Board of Directors, on behalf of the association, shall impose a reimbursement assessment/monetary charge on a member for the cost of repairing damage caused by a member (or the member’s guest or tenant) to association common areas, facilities and/or property. In addition to the association’s authority under these Rules and Regulations, the Board of Directors must hold a hearing before they can impose a fee or penalty on an owner for the cost of repairing damage to the common area, facilities and/or property. 

The BBA Entrance/Exit Gate area, Swimming Pool, and Playground Recreational area are being monitored and violators will be subject to disciplinary actions.  Brandywine Bay Association Inc., reminds all of its members that security is the direct responsibility of each and every member. 

Trespass and/or Criminal Acts must be reported to the Carteret County Sheriff’s Office as soon as possible. Members are encouraged not to engage in activities which may result in personal injury to themselves, or others.

4.  NOISE

 Loud noises from vehicles, televisions, stereo equipment, musical instruments, pets and other

disturbances should be avoided at all times and especially during the hours between 11:00 p.m.

and 8:00 a.m.

5.  CHILDREN

Reasonable supervision of children by a responsible adult must be exercised at all times. 

Special attention should be exercised while driving within the association property to insure 

the safety of all children.

6.  PETS

Restrictive covenants of all Homeowner Associations on the Sound Side of Brandywine Bay ban unleashed dogs for obvious reasons. When dogs are exercised, they should be kept under control at 

all times. At no time should pets be allowed to run free. Any inconvenience, damage or unpleasantness caused by any pets shall be the sole responsibility of the respective owners thereof. It is mandatory to clean up after your pets – particularly your dogs. Reported non-compliance of our leash regulation will result in a written warning to the violating Member for the first violation, an assessed fine of $100 for the second violation, and $200 for each subsequent violation. Repeated violators of the leash regulation will be reported to Carteret County Animal Control. 

7.  GUESTS

The facilities of the Brandywine Bay Association (common areas, playground, pool and tennis court) are for the exclusive use of the Association members, tenants, and guests.

8.  TENNIS COURTS ARE TO BE USED ONLY FOR TENNIS AND/OR PICKLE BALL

The general principles of tennis and pickle ball etiquette will prevail at all times. Play on the courts will be limited to one hour when others are waiting to play.  Adults will have priority over any one under the age of 15 years of age on Saturdays, Sundays and holidays.  Normal tennis attire, including tennis shoes and shirts, must be worn at all times. No pets are allowed. Skateboards, bicycles, etc., can damage the court surface and are strictly forbidden.  Tennis/pickle ball court hours are from 08:00 a.m. until dusk.

9.  SWIMMING POOL

The Brandywine Bay Association swimming pool is for the exclusive use of Brandywine Bay Sound Side Owners in good standing and their guests. Please read and adhere to all of the rules and regulations of the pool to ensure the safety and enjoyment of our community. Any member whose dues are in arrears, or willfully disregards pool rules and regulations, is not a member in good standing and will not be allowed to use the pool.

Absolutely no one shall be allowed to use the pool premises outside of the normal operating hours.

Pool Hours:

Open daily from May 1st through October 31st - 08:00 a.m. to 9:00 p.m.

Adults only 8:00 a.m. - 10:00 a.m. Monday – Friday.

Guests:

Visits of local guests should be limited to three per season. 

Brandywine Bay Sound Side Owners in good standing may request to schedule a function with eight [8] or more guests by submitting a Pool Usage and Indemnity Agreement with the Pool Function Chair of the Brandywine Bay Association Board of Directors.  Please see the Brandywine Bay Association Pool Rules and Regulations for the requirements and forms required.

10.  RECREATIONAL PLAY AREA  

To be used for baseball, football, soccer, flying kites, etc., the field is bounded by Bay Drive, the swimming pool, tennis courts and Core Drive. Pets are allowed but must be cleaned up after. This area includes a children’s playground with slide, swings and climb/crawl activities for younger children.  Parents should make sure children are properly supervised.

11.  STORAGE FOR BOATS, TRAILERS, RV’S, ETC.

There is a storage area with limited spaces for owners to park boats, trailers, or RV’s.  Contact the Board representative for details. The annual use fee is set by the Board.

12.  TRASH

All members are expected to share in the responsibility for maintaining clean grounds throughout the recreation area.  All trash should be carefully placed in the receptacles provided.  Everyone is asked to participate in the continuous collection of all loose trash on the property. Oak Bluffs’ and The Villas’ dumpsters are for their residents only. 

13.  HAZARDOUS MATERIALS

No hazardous materials shall be stored or used on BBA property.  There shall be no use or permit to bring into the recreational area inflammable oils or fluids such as gasoline, kerosene, or other explosives or articles deemed hazardous to life, limb, or property.  The discharge of fireworks and/or any other noise making or explosive devices is prohibited on any part of BBA property.

14.  DANGEROUS WEAPONS

 The discharge or use of any firearm, bow and arrow, or other dangerous weapon of any description is prohibited on BBA property.

15  DRONES

Any person operating a drone on BBA property, in addition to adhering all State of North Carolina and Federal Regulations, must always keep the drone within a visual line of sight and never fly over people or property without prior permission from the BBA Board of Directors.

16.  BICYCLES, SKATE-BOARDS, MOTOR BIKES, ETC.

The walkways throughout BBA property shall not be obstructed or used for any purpose other than ingress to and egress from the recreational area.  Bicycles, skate-boards, scooters, carriages, or similar vehicles or toys or other personal articles shall not be allowed to stand in any of these areas.  

17.  SPEED LIMIT

The speed limit on BBA roads is 15 miles per hour.  Only licensed drivers may operate a motor vehicle on BBA roads.

18.  PARKING - PERMANENT AND TEMPORARY

The parking areas adjacent to the pool are for personal vehicles and express use of residents and guests using the pool and tennis courts. Permission may be granted for use as overflow parking by calling the Board Member in charge of security. Neither boats, commercial vehicles, recreational vehicles, nor trailers may be parked in this area or on any BBA road or common area. Any violation may result in such unit being towed away at owner’s expense, and/or a $100.00 per-day fine/assessment per violation. BBA roads with restricted parking are: Bay Drive and Common Area from Route 24 entrance to the pool parking lot area, Core Drive and Common Area from Bay Drive to the turn at Pine Bluff, and Bogue Drive from Bay Drive to the wall at Bogue Village.

19.  SIGNS

No signs of any nature may be placed on BBA property without the express permission of the Board of Directors.

20.  REMEDY FOR VIOLATIONS

It is the responsibility of each member to “right a wrong” if that member is aware of a violation and thus should make a Board Member aware of any violations. The Board has the authority to rescind the use of recreation facilities to anyone disregarding these regulations. Repairs required by any damage to BBA property will be charged to the responsible member. Any violation of the foregoing Rules and Regulations may result in a fine which shall be a special assessment to the violator in addition to all other legal remedies as provided by the Association’s Governing Documents, By-Laws, or the laws of the State of North Carolina. Said fine may be assessed repeatedly upon failure of a Member to correct the infraction after notice by the Association. Any fine levied shall be collected in the same manner as common expenses or maintenance charges. 

21.  FINES and FEES

The Directors of the Association have the right to assess fees as needed to encourage the compliance with various rules and regulations.  These fees are subject to periodic adjustment.

For reported violations of the foregoing Rules and Regulations, the Member in non-compliance will receive a written warning for the first violation, a fine of $100 for the second violation and a fine of $200 for each subsequent violation. If an assessed fine is not paid, it could result in a legal lien being placed against the Member’s property, at the expense of the member.

A $50.00 late fee will be assessed if any homeowner’s dues are past due. In addition, liens and other legal remedies will be implemented, the cost of which will be applied to the account of the respective owner.

22.  RULE CHANGES

The Directors of the Association reserve the right to change or revoked existing rules and regulations and make such additional rules and regulations from time to time as, in their opinion, shall be necessary or desirable for the safety and protection of the property and its members and to promote cleanliness and good order of the property and assure the comfort and convenience of its members.