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COMMON HOMEOWNER
QUESTIONS ON CCR
REVISIONS
1…WHY ARE WE COMING UP WITH ALL THESE REVISIONS?
We currently have a community guideline in place
which are our current CCRs enacted in 1988. They
have not been revised since then. They were
originally passed over to the Homeowners
Association by the community builder, and did not
address issues to help to maintain the overall
appearance of our community for the long run.
Homeowners Associations need rules to protect and
enhance property values. Associations also need to
be current with their neighboring communities and we
are not.
2…WHY WASN'T I TOLD ABOUT THE CCRS BEING REVISED SO
I COULD PROVIDE INPUT?
The CCRs have been a work in progress for
approximately 3+ years. Numerous times newsletters
have mentioned the revision process was taking
place. Homeowners are always invited to attend Board
meetings arranging for an appointment thru the
Management Company (notice is in every newsletter).
All homeowners were invited to attend the annual
meeting held this past January where the status of
the revisions were reviewed. The proposed
revisions were made up based on neighboring
communities CCR's as well as input collected over
the years from Cheshunt residents.
The homeowners elect a 7-member HOA
Board to represent everyone, and to do what is best
for our community. Current and past Board members
involved in this process have reviewed neighboring
community's CCRs and felt that these final revisions
would best represent the homeowners. The HOA board
realizes that not all 368 homeowners will be happy
with the changes, but feel that these changes will
be approved by the required percentage.
3….WHY CAN’T WE MAKE CHANGES AS NECESSARY DURING
THIS PROCESS?
The process of revisions have been completed. We
thank those homeowners who contributed. The proposed
changes have been edited many times over the years
with the guidance of our Attorneys. Once the
signature process begins, changes cannot be made
without having to start the signature process all
over again. We are very aware that not
everyone will agree with every aspect of the
proposed revisions, we just ask that everyone see
the big picture and help to protect the values of
our homes.
4…I HEAR YOU SAY THAT 75% OF HOMEOWNERS ARE NEEDED
TO APPROVE THE CHANGES, YET ON THE 1ST
PAGE OF THE AMENDMENT IT SAYS 90%. WHY THE
DIFFERENCE?
It is true that the initial CCR document filed with
the county states that any changes/additions to the
document requires a 90% approval. However, on page
21, Article XIX, under General Provisions of the
current CCR's it reviews that during the first 20
years 90% is required, but thereafter only 75% is
needed. The timeline of the approval process and
filing will be after the 20 year period which falls
in August of 2008.
5…WHY ARE YOU CHANGING THE RULES ON DOGS, BECOMING
MORE STRICT?
Again, we need to be current with neighboring
communities. With that said there are issues in
Cheshunt regarding dogs. The new covenants address
those issues. This will help to mirror the
City ordinance regarding nuisances. We do not
have any issues with dogs, we just want to make sure
that the owners are responsible to protect their
neighbors.
6…I HEAR A TERM BEING USED, GRANDFATHERING. ARE ALL
HOMEOWNERS WHO WILL NOT BE COMPLYING WITH THE NEW
CCRS, GRANDFATHERED, OR NOT SUBJECT TO THE NEW
RULES?
All
homeowners are expected to
comply with the revisions once
they are passed. However, our
attorneys advised us to
grandfather permanent structures
until replaced or major repairs
are needed. If a homeowner
has written Architectural Review
Committee (ARC) approval on a
change that would not be in line
with our revisions (once
passed), then that is also
grandfathered in, until a repair
or replacement is needed.
Our revisions also restrict
portable basketball hoops, in
favor of permanent ones, but our
attorney advised us to
grandfather those in.
Homeowners that have items to be
grandfathered in should advise
the HOA board. A list of
homeowners with grandfathered
items will be kept on file with
William Douglas so that future
HOA boards will be aware.
If
a homeowner has a question
regarding how the revisions
affect him/her specifically,
please contact William Douglas
or a board member.
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7…WHAT IS THE VOTING PROCESS?
All homeowners have been assigned a meeting date by
residence. You are asked to RSVP so we can comply
with occupancy regulations for our clubhouse. A
discussion will be followed by a yes or no vote.
Only signatures are required for yes votes.
8…I AM CONCERNED ABOUT THE RENTALS IN OUR
NEIGHBORHOOD. DO THE NEW CCRS ADDRESS THIS?
Yes. We currently have about 9% of the homes in
Cheshunt as rental properties. The new CCRS place a
limit on the rentals to 10%. All requests for
rentals must be approved by Board of the Homeowners
Association. The process is reviewed in the new
CCRs.
9…HOW CAN I GET A COPY OF THE NEW CCRS?
Our Cheshunt website has the following information:
(A)….Original CCRs currently effective.
(B)….New proposed CCRs.
(C)….Summary of revisions announcement.
Please print off any items desired.
10…HOW ARE YOUR ATTORNEYS INVOLVED?
The attorneys retained by the Homeowners Association
are required to insure that any proposed changes,
additions or deletions are in compliance with State,
Federal and County laws. The Cheshunt Board is
guided by the Attorneys and cannot amend any area of
the CCRs without their approval.
11...Who enforces
our current CCRs, and how are
they enforced? Will this
enforcement policy be the same
when the revisions are approved?
CCRs are enforced
in two ways. First, our property
management company helps enforce
our current CCRs. Debby Beller
does monthly drive-throughs of
our community, and sends letters
to homeowners that are in
violation of our current CCRs.
The homeowner has 30 days to
correct the violation. If Debby
sees this same violation the
following month, then the
homeowner is sent a second
letter, asking them to come to a
hearing with the HOA Board. If
the homeowner does not attend
the meeting, then fines can be
imposed. If the homeowner does
attend the meeting, the HOA
Board and homeowner will discuss
the violation and come to a
resolution. If no resolution is
reached, then fines can be
imposed.
Second, the HOA
Board relies on other homeowners
to report any violations of the
CCRs. This can be done by
contacting Debby Beller or any
board member. Once notified, a
board member will drive by the
home in question to ensure this
is a true violation of the CCRs.
The same process is followed as
outlined above regarding
notification.
The HOA Board
plans on having the same
enforcement procedure once the
revisions are approved and in
place. However, our current CCRs
are EXTREMELY vague, and even if
something looks like a violation
(and really should be one), our
CCRs currently (for the most
part) do not allow us to address
these issues, and we cannot
legally enforce homeowners to
make changes.
12...Do we have
Rules & Regulations currently in
place that spell out how our
CCRs are enforced?
No, we do
not...Rules & Regulations are
separate documents that are
sent/given to homeowners each
year. As of right now, we only
enforce what we can based on
wording in our current CCRs. As
we have said, the current
document is vague, and the
majority of it cannot be
enforced legally. Rules
and Regulations can be be put in
place to address some issues
that are not addressed at all
(called "ghost points") in our CCR's. They can in no way
contradict what is in our CCR's.
Each year,
however, we do give and publish
Pool Rules & Regulations, for
those homeowners who want pool
access, and these are
enforceable. Those rules are on
our website under the "Pool
Rules" link.
13...Can the HOA
Board tread on a homeowner's
property, and make repairs as
needed, then charge the
homeowners?
Absolutely NOT.
State law prohibits any
North Carolina HOA from
doing this activity.
14...The
revisions
state that I
have to
paint my
house every
5 or 6
years, or at
the first
sign of
spot-fading,
whichever
comes first.
How is the
management
company or
the board
going to
track this?
Do I have to
paint my
house even
if it
doesn't need
to be
painted?
The
revisions
affect
wood-sided
houses and
are acting
as a
guideline
for painting
the homes in
this
development.
For the
majority of
us, our
homes are
made with
Masonite
siding, and
if repaired,
typically
have been
replaced
with Hardi
Plank. Wood
sided houses
often need
to be
painted
sooner, and
generally
need to be
repainted
every 4-8
years.
Darker
colored
homes will
need paint
sooner than
others. To
answer the
question,
most people
are going to
be painting
their homes
(or a
portion of
their homes)
this often
anyway.
The
management
company or
HOA board
will not be
tracking
when people
paint their
homes, and
will not
make people
paint if
they do not
have to. The
purpose of
this
revision is
to make
homes
uniform in
appearance...all
homes need
to be
maintained
to ensure
the best
property
values for
our
communities...for
our
investment!
This
includes
house
painting.
15... I have heard that if I don't comply with these revisions, that the HOA can take my home (foreclosure). Is this true?
HOA's typically collect dues from every homeowner and also make sure that property is maintained, all in accordance with an association's CCRs. If HOA dues are not paid, it can ultimately result in foreclose. However, homeowners are notified about past due amounts, are given the opportunity to address the board, and can even suggest payment plans. The foreclosure process takes nearly one year or longer, and if dues are paid in full (or a re-payment plan agreed upon), then the process stops. Property changes/maintenance that violate CCRs are dealt with in a similar fashion.
It can be disturbing to receive a letter from the management company, stating that the homeowner is in violation of CCRs. This letter should be taken seriously, and responded to immediately. HOA board members are homeowners, too...no one wants to foreclose on a home if a resolution can be reached. Keep in mind that state law dictates the power of an HOA...if a homeowner has questions, please contact the management company or a board member.
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Any community
questions or comments can be directed to Debby Beller at
William Douglas Management Company.
(704)
347-8900 ext. 113
dbeller@wmdouglas.com
P.O. Box
37109 Charlotte, NC 28237-7109
www.wmdouglas.com |
