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FEARRINGTON HOMEOWNERS ASSOCIATION Policies and Procedures for the Enforcement of the Covenants The Fearrington Homeowners Association (FHA) is charged under the Association’s governing documents, to protect neighborhood property values by ensuring that architectural guidelines are applied uniformly, consistently, and fairly. The governing documents give the authority for the enforcement of the Covenants in areas that have been relinquished by Fitch Creations Inc. to the Fearrington Home Owners Association, and specifically to a Covenants Committee of three persons appointed by the President of the FHA. Consequently the Board of Directors has approved the following procedures to ensure consistent enforcement of the Covenants, taking into account the fact that those Covenants vary slightly area by area. It is the responsibility of every homeowner to be familiar with and to observe the Covenants. I. Requests for Architectural Modifications* In Phases 1, 2, 3 and 4, the Woods, those sections of Bush Creek (Langdon Place) that have been relinquished by Fitch Creations Inc., and any areas that may be relinquished by Fitch Creations to the FHA in future, each area will continue to have a local Covenants Concerns Committee consisting of three homeowners in that area appointed by the Board.
a. answer homeowners’ questions concerning the covenants, b. remind them to obtain the requisite form to apply for an architectural modification and provide them with the form, c. ensure that forms are completed correctly and returned to the committee, d. obtain in writing the opinions of neighbors living adjacent to or facing the property concerned, about the proposed change/s, and e. submit the forms promptly, together with the written opinions of neighbors, to the FHA Covenants Committee. * An architectural modification is defined in the Covenants; each homeowner should consult his or her Covenants. Copies of the Covenants can be obtained from the FHA office. A partial list of the Covenants can be found in the Handbook and Directory or viewed by clicking here. All decisions concerning homeowners’ requests will be made by the three-person FHA Covenants Committee. The homeowner making the request will be informed in writing of the committee’s decision within two weeks of the receipt of the request. In the service group areas (Camden Park, Weathersfield, Bush Creek Townhomes (Langdon Place), Bradford Place, CountryHouse V, and any future service group areas), requests for modifications should be submitted directly to the appropriate service group’s Architectural Review Committee to be dealt with according to its procedures. II. Enforcement Policies and Procedures 1. Identification of a potential event of non-compliance: a) Any local Covenants Concerns Committee and any homeowner may submit a written report of a potential incident of non-compliance to the FHA Covenants Committee or to the Management Company. b) The Management Company may observe a potential incident of non-compliance and, at its discretion, report the event to the FHA Covenants Committee or proceed with an investigation of the potential violation. 2. Investigation of a potential event of non-compliance: a) The Management Company shall follow through on the identification of a potential event of non-compliance by conducting a site visit. The Management Company will make a determination as to whether the reported incident does in fact violate the relevant Covenants. b) The Management Company may ask for direction from the FHA Covenants Committee in making its determination. c) The Management Company will identify all incidents of non-compliance in a monthly report presented at the following working session of the Board. 3. Identification Letter to be mailed to property owner by the Management Company, identifying the violation, and requesting in conciliatory manner that the violation be remedied and offering suggestions as to how the remedy might best be accomplished. 4. Follow-through Letter. Within thirty (30) days of the Identification Letter, the Management Company will confirm whether the violation has been remedied. If the violation has not been remedied, or if, in the discretion of the Management Company, reasonable progress has not been made to remedy the violation, a second, follow-through letter will be mailed to the homeowner, identifying the violation and referencing the identification letter. This letter should state that the violation should be addressed immediately and also that, if there is some reason as to why the violation cannot be cured, an explanation should be provided. 5. Final Letter: Within thirty (30) days of the Follow-through Letter, the Management Company will confirm whether the violation has been remedied. If the violation has not been remedied, or, if in the discretion of the Management Company, reasonable progress has not been made to remedy the violation, the Management Company shall mail a final letter informing the homeowner that the Association shall enforce the covenants and the guidelines by all available legal remedies and providing one more opportunity to resolve the problem. 6. Violation Hearing Letter: Within thirty (30) days of the Final Letter, the Management Company will confirm whether the violation has been remedied. If the violation has not been remedied, or if, in the discretion of the Management Company, reasonable progress has not been made to remedy the violation, the Management Company shall mail a final “violation hearing” letter to the homeowner; setting a time, date and location for a violation hearing. This letter shall provide an additional ten (10) days to remedy the violation. The hearing will be scheduled not less than fourteen (14) days after the Violation Hearing Letter. 7. Violation Hearing: If the violation has not been remedied by the date of the Violation Hearing, the hearing shall proceed before the FHA Covenants Committee. The Committee shall provide the homeowner with the opportunity to explain why the fining provisions of the North Carolina Planned Community Act should not be invoked for prolonged non-compliance with the Covenants. 8. Fining Letter: A majority of the FHA Covenants Committee shall determine whether a fine is warranted in the specific instance, and shall determine the amount of the fine. The homeowner will be informed of the Committee’s decision to fine and the amount of the fine via a letter from the Management Company not more than ten (10) days after the rendering of the decision by the FHA Covenants Committee. Per the provisions of the North Carolina Planned Community Act, the fine may not exceed $100.00 per day per violation. The letter will also provide an additional ten (10) days for the homeowner to remedy the violation before the first fine attaches. 9. Fining: If the violation has not been remedied, fining shall commence on the day identified in the letter to the homeowner. The homeowner shall be sent an invoice for all accrued fines. If the fines remain unpaid after thirty (30) days, the Management Company, on behalf of the Board, shall file a lien to secure payment of the fine. The Board, in its sole discretion, may elect to foreclose the lien. 10. Waiver of Fine: Should the homeowner ultimately comply with the Covenants, the Board of Directors may, by majority vote, agree to waive all or part of the fines that have accrued. NOTE: The Default time period between the mailing of letters is thirty (30) days. Certain circumstances may require letters to be mailed on shorter notice. The Board may identify those circumstances and instruct the Management Company to expedite the enforcement process. Alternatively, the Management Company may inform the Board of circumstances that require an expedited enforcement process and shall receive the approval of the Board prior to shortening the thirty (30) day period between the mailing of letters. Approved 2 September 2008 |
