Violations
Front matter
Declarations Article 10, Section 4(e) states that residents shall maintain adequate off-street parking. Article 10, Section 3 discusses “lot appearance,” and Article 10, Section 5 discusses the authority of the board to publish and enforce reasonable rules.
Permissible parking
As promulgated in the September 2025 newsletter, the board shall enforce that parking vehicles on grass, gravel, wood chips, or other impermanent surfaces is prohibited. Please park your vehicles only in your garage, driveway, or other paved location on your property. Guests can park on the street if there is no room in your driveway (and only for that reason), but their vehicles should not remain on the street overnight.
Violation procedures
Article 10, Section 5 of the Declarations and Covenants, as ammended in 2004, states:
Section 5: Rules and Regulations. The Board of Directors of the Association shall have the power to formulate, publish, amend and enforce reasonable rules and regulations concerning the use and enjoyment of the front yard space of each lot and the Common Areas. Such rules and regulations may also provide for imposition, in accordance with G.S. 47F-3-107.1, of fines or penalties for the violation thereof, or for the violation of any of the covenants and conditions contained in this declaration.
Pursuant to the above, the HOA publishes these procedure for handling violations. Payment of violation fines shall be by check or money order to the HOA’s published mailing address. Partial payments shall not be accepted without prior consent of the board.
Architectural controls violations
Declarations and Covenants Article 7, “Architectural Controls,” requires all owners to submit architectural change plans to the board prior to certain modifications to a property.
- Owners who make modififcations without prior approval, or after disapproval, shall be fined $100 immediately upon the board learning of the modifications. Payment is due within 2 weeks or the date stated in the violation notice (whichever is later).
- Every calendar week after the payment due date that payment is not received, an additional $100 shall be added to the amount due.
- Disapproved modifications (rather approval was sough in advance or not), if any, shall be removed or reverted promptly at the owner’s expense.
- If the full amount of the fine is not paid within 6 months, the HOA shall levy leins against the property.
Non-architectural violations
- Offending properties owners shall receive written notice (by e-mail or postal mail) containing a citation, a photograph of the condition(s) to remedy (when appropriate and available), and a deadline for remediation.
- Violations related to improperly parked vehicles, including trailers, shall have a deadline not longer than 2 calendar days after notice is given. For postal mail, the notice date is 5 days after the postmark date. For all other violations, the deadline shall be not longer than 2 calendar weeks. For e-mail, the notice date is 2 days after the e-mail message is sent.
- The board will also impose a fine of $30 per offense upon the initial notice if the owner has received a violation notice for the same violation within the past 6 months. For violations related to improperly parked vehicles, each vehicle is a separate offense. (Each offense does not require a separate violation notice.)
- If the violating condition is not remedied by the deadline, including payment of any fines, the HOA shall send a “Final Violation Notice.” If a fine was not previously imposed, the final notice shall include a fine. The fine shall be augmented by the original amount each calendar week after the final notice date. If a fine is not paid within 6 months of the notification of the first fine, the HOA shall levy leins against the property.
- For violation notices issued by postal mail, the remedy shall include the owner providing the HOA with a current e-mail address.
Parking violation example
The HOA documents 2 improperly parked vehicles on January 1st. The HOA cites the owner, who is a repeat offender, by mail and imposes a $60 fine ($30 for each vehicle). The HOA mails the notice on Monday, January 5th. Ergo, the notice date is Saturday, the 10th. The condition must be remedied not later than January 12th (2 days after notice date) for a vehicle offense.