The following criteria is used by the board as it considers creating, modifying or terminating any regulation:
1. Does the regulation benefit the community? How?
2. Do we need the regulation, short-term and longer-term?
3. Is the regulation enforceable?
4. Who will be in charge of enforcement of the regulation?
5. Is the regulation in conflict with or already covered by the Covenants or By-Laws?
6. Is the regulation in conflict with or already covered by public laws (federal, county, state including NCGS 55A and 47F)?
Table of Contents
(Click on any of the listed areas in the Table of Contents to jump to that topic.)
Bulletin Board Use
Discharging of Firearms
Trash Can Visibility
Architectural Application Approval - Term
Architectural Committee Inspections
Architectural Application (Regulation)
Board Meeting Executive Session Content
Amendment Voting Period
Legal Officer - Duties
Criteria for Regulations
Content of Minutes
Limit on Exceptions to Regulations
Prelitigation Mediation of Association Disputes
Publication of Names and Addresses of Directors, Officers and Committee Chairs
Setting Annual Assessment Amount
Budgeting for Unknown Expenses
Current Year Contingency Fund
Non Sufficient Funds/Returned Check
Construction Approval and Delinquent Assessments
Refundable Construction Deposit
Invoice Payment Procedures
Use of Investment Account Income
Construction Infrastructure Fee
Assessment Contribution to the Infrastructure Fund
Sub One-Acre Properties
Residential Structures on Contiguous Properties
Number of Residences per Property
Gates On Owners' Properties
Driveway Connection to Fairview Forest Drive
Parking on Roads and Other Common Areas
Unattended Vehicle Towing
Encumbrances on Rights-of-Way and Easements
Winter Roads Plan
The bulletin boards near the entrance to the community are for the property owners to post notices and for the FFHA Board and committees to communicate with the property owners who have residences in the community. Owners should be aware that the entrance is a "first impression" area for member's guests, potential buyers of properties, realtors, vendors and others.
A. Use of the bulletin boards.
1) The boards are not for the use of contractors, realtors, vendors and others who do not own property in the community.
2) The boards are for the use of property owners in Fairview Forest subject to the following limitations:
Announcement of events
Services available (computer consulting, baby-sitting, pet care, etc.)
Items for sale
Real estate sales notices
* Such statements are not being censored. The appropriate venues for such statements include the website, the newsletter, email and/or letters to directors and monthly meetings of the board.
A wind turbine shall not be installed on any property in Fairview Forest after March 24, 2007.
Property owners, their guests, and/or vendors shall not take part in the discharging of any firearm(s) within Fairview Forest.
Trash cans left out in a visible location create two problems:
a) The cans are a draw to animals, in some cases dangerous animals
b) The cans left out after pick-up day create the appearance of a messy community.
Trash cans put out for pick-up service shall be stored out of view of neighbors and passers-by no later than the end of the day after trash pick-up.
Enforcement shall be complaint-driver and shall comply with the Restrictive Covenants, Article 12. Enforcement.
Many owners in Fairview Forest have, on occasion, built structures on their properties over a two or even three-year period. Monitoring of such construction is more complicated than a house built in less than a year.
B. Term Requirement
Any owner who has not completed a structure within the one-year term since Construction Approval must provide a notice of intent to complete construction. The written notice shall be addressed to the Architectural Committee and shall include a construction progress report, any changes in plans that are not in compliance with the Documents since first application and an expected completion date.
The Architectural Committee and/or its assigns shall have access to the site of any construction project for which an Architectural Application has been submitted and/or approved.
1) Access shall not be denied to the assigned person(s) between 9:00 a.m. and 5:00 p.m. Monday through Saturday.
2) Any owner who denies access to the construction site shall have his Construction Approval suspended and must cease all construction activity until such an inspection has taken place.
3) The Board of Directors may choose to initiate a fine of up to $100.00 per day until such an inspection has been allowed.
Property owners are required to submit to the Architectural Committee an Architectural Application Form for approval before construction begins on the owner's property.
A. Applicable Construction Projects
1. Construction projects that require an application:
a. Residences and additions to residences
b. Non-residential structures, including but not limited to garages, workshops, sheds, etc.
c. Decks, porches, gazebos, swimming pools, fences and walls
d. Painting/staining of any structure/project that includes a change in color
e. Roof replacement that includes a change in color
2. Projects that do not require an application:
a. Maintenance and repair projects to any improvements that do not include a change in color
Property owners are required to pay two fees to receive the Association Construction Permit.
Refundable Construction Deposit
Construction Infrastructure Fee
Details of the pertinent regulations may be found in attachment A
C. Earth tone colors
The term "earth tone" colors has been in place in Fairview Forest for several decades. In Yr. 2000, when the owners rewrote and passed the current Covenants, owners strongly supported retaining the "earth tone" concept that had been in place since at least 1988. It is a difficult term to define. A property owner with a background in technical color explains the term as:
The colors used should blend in with the colors that occur naturally in the community.
Colors should be muted so they do not stand out from the natural colors of the mountain such as trees, foliage, rocks, ground cover, earth (dirt).
2. Values (how light or dark colors are)
Dark value colors blend in with our natural colors. As the color choices become lighter, they tend to stand out from the natural surroundings.
3. Contrast of trim colors (the value difference between the main color and the trim color).
There should not be a large contrast between main and trim colors (e.g. dark brown main color with light cream trim).
D. Additional Information
Attachment A: Construction-Related Information
Attachment B: Architectural Committee Procedures
Attachment C: Architectural Application Form
[Click here to open and download a PDF file Architectural Packet complete with Architectural Application Form and pertinent regulations and relevant covenants and Architectural Committee information.
Executive Sessions of the Board of Directors shall conform to the following guidelines:
Subjects for discussion at an Executive Session of the Board of Directors shall be limited to the following:
a) Confidential legal matters
b) Legal/financial circumstances of a property owner
c) Any matter regarding a property owner that may hold him or her up to embarrassment or ridicule
Attendees shall be limited to:
c) Attendees approved by the Board of Directors
Upon the Board of Directors' approval or acceptance of a proposed amendment to be presented to the membership for a vote, the Board shall also set a date after which no additional votes shall be accepted or tallied.
a) The period for voting shall start on the date on which the proposed amendment is first presented to or mailed to property owners.
b) The period for voting shall be at least two months (60 days) but not to exceed four months (120 days). The Board of Directors shall set the period based on the circumstances surrounding the proposed amendment.
c) The approved period for voting must begin and end during the term of the Board of Directors under which the amendment was proposed.
When the Association is going to conduct a vote of all the property owners, the following parameters shall be followed:
A. Total Votes
1) The total number of votes is equal to the number of assessments on record as of the closing date of the vote period, meeting date, etc., regardless of any property owner's standing with the Association.
2) The vote from any owner who has sold his/her property during the voting period or prior to a meeting date shall not be counted in the total number of votes.
3) A property owner who establishes and retains ownership during the vote period or prior to a meeting date shall count toward the total votes.
4) The quantity requirement (i.e., 25 percent; quorum; simple majority; 67 percent majority, etc.) shall be based on the total votes as defined above.
B. Voter Qualification
1) The vote of a property owner who is not in good standing with the Association shall not be counted in the vote tally.
2) The vote from any owner who has sold his/her property during the voting period or prior to a meeting date shall not be counted in the vote tally.
The Restrictive Covenants require that a member-proposed amendment to the Covenants that is supported by a petition signed by at least 25 percent of qualified property owners must be presented by the Board of Directors to the property owners for a vote. Such an amendment will be called a "compulsory amendment" in this policy.
A. Format required for a compulsory amendment
1) An owner-proposed compulsory amendment must be presented to the Board of Directors at a regular Board Meeting or a Special Board Meeting.
2) The amendment must be the exact wording requested by the owner(s) proposing it and must be clear and legible.
3) The petition from more than 25 percent of property owners in good standing must have the a) signer's name legibly printed, b) a signature and c) the date of signing.
B. Liability for Association expenses related to a compulsory amendment vote
1) The Board of Directors may, by a majority vote, require that the expenses of presenting a compulsory amendment to the property owners be paid for by the owner(s) proposing the compulsory amendment. Such expenses shall be the liability of the owner(s) proposing a compulsory amendment only if the amendment fails to pass. For the purposes of this policy, the owner or owners who propose and sign the amendment are the only owners liable for such expenses.
2) The Board of Directors shall make all reasonable decisions as to actions and expenses related to the compulsory amendment. These expenses may include, but are not limited to, legal expenses, postage, printed material, etc.
3) The Board of Directors may by a majority vote require a cash deposit from the owner(s) based on previous vote expenditures. Such funds, if required by the Board, shall be held in the Association deposits account also used for construction deposits.
4) If the compulsory amendment fails to pass, the Treasurer shall present to the owner(s) proposing the compulsory amendment a statement of expenses upon which a resolution of settlement shall be based.
Due to the increasing volume of legal activities involving the Association, the board of directors created the position of Legal Officer. The position was created in accordance with the FFHA By-laws, Article 4. Officers.
The Legal Officer shall:
Chair the Legal Matters Committee
Act as the primary liaison with Association legal counsel
Have authority to sign legal documents for the Association
Pursue legal action per the Restrictive Covenants and at the direction of the Board of Directors
A. When the board considers creating, modifying or extinguishing any regulation, it is recommended that the following criteria be considered:
Does the regulation benefit the community? How?
Do we need the regulation, short-term and longer-term?
Is the regulation enforceable?
Who will be in charge of enforcement of the regulation?
Is the regulation in conflict with or already covered by the Covenants or By-laws?
Does the regulation in conflict with or already covered by public laws? [Federal, county, state (incl. NCGS 55A and 47F).]
B. Where it is not obvious within the regulation itself, It is suggested that each regulation stipulation:
Who in the Association will be responsible for enforcement of the regulation.
What, if any, will the penalty be for non-compliance.
The Minutes are the ongoing record of the activities and action of the Fairview Forest Homeowners' Association, Inc. Minutes must be recorded and approved for Annual Meetings, Board Meetings, Executive Meetings and Special Meetings. The Minutes are a legal document; they can be subpoenaed and used in Court.
Content of Minutes shall be clear, concise and complete. The name and title of speakers shall be used; the use of first names (only) is discouraged. Content of minutes shall be formatted in the same order as the meeting agenda.
Minutes shall include:
Date, time and location of the meeting
Names and titles of attendees
Report the approval of minutes of previous meetings
Synopses of opening statements
Brief description of Committee reports
Brief synopsis of the discussion of a business item, identifying each speaker
Motions and/or amendments, including wording
Names of those making motions and/or amendments. if the maker(s)
Results of votes: Pass or Did not pass
Voting position (Yes, No, Abstain) of each voting director and officer other than for a unanimous vote
Notice of the date/time of next meeting
Time of adjournment
No exception to any regulation shall be granted by a Director, Officer, Committee Chair or Committee member without an affirmative vote of a majority of the Board of Directors.
1. Any matter relating to real estate under the jurisdiction of Fairview Forest Homeowners' Association about which the member and the Association cannot agree is subject to voluntary prelitigation mediation.
a) Disputes related solely to a member's failure to timely payment of association assessment or any fines associated with the levying or collection of an association assessment are not covered.
b) Disputes which occurred before July 1, 2013, are not covered.
3. Details of the mediation procedures and requirements may be reviewed under the North Carolina General Statue 7A, the Judicial Department Act of 1965, Section 7A-38.3F.
1. In compliance with NCGS 47F-3-103 and NCGS 7A-38.3F, the Assocation shall publish the names and addresses of the directors, officers and committee chairs.
a) In at least one issue of the Association newsletter each year
b) On the Association web site
2. The business address of the directors, officers and committee chairs shall be:
Fairview Forest Homeowners' Association, Inc.
101 Fairview Forest Drive
Fairview, NC 28730
From 1990 to 2008, the Board of Directors of the Association has increased the assessment amount every several years based on past and current expenses as well as anticipated future expenses. The following policy is intended to match the assessment amount each year with the expected and budgeted expenses for the prospective year only. Below are the appropriate sections of the Restrictive Covenants and the By-laws.
1) The Restrictive Covenants
Article 5. Homeowners' Association
Section 5.3. The purpose of the Association is to:
d) budget, collect and expend annual and special assessments from property owners to meet common expenses.
2) The By-laws
Article 3. Board of directors
Section 3.9. Duties
It shall be the duty of the board of directors to:
1. Set the amount of the assessments against each lot.
The method of setting assessment amount each year shall be broken into two parts, the Base Amount and the Adjustable Amount.
1) The Base Amount:
a) shall be determined by fixed expenses that do not vary greatly from year to year, such as insurance, accounting, utilities, routine road maintenance, postage and office expense, communications and legal.
b) shall be set by the Treasurer with the advice of the Finance Committee and shall be approved by the Board.
c) The Base Amount shall be $350, starting with the budget year 2008-2009.
2) The Adjustable Amount:
a) shall be determined by expenses that vary substantially from year to year, such as major road improvements, road-related emergencies, Clubhouse repairs and improvements are replenishment of the Contingency Reserve account.
1) Setting the Base Amount:
a) Once the Base Amount has been determined in the initial year, the Treasurer shall be responsible for a detailed explanation to the Board and to the property owners if the Base Amount is going to change in any future year.
2) Setting the Variable Amount:
a) Each year, the Treasurer shall provide the Board details on which the Variable Amount expenses are based. In any case, the Adjustable Amount shall not be more than the Base Amount.
b) Such details shall be delineated in the annual budget for approval by the property owners.
3) Setting the assessment amount:
a) The annual assessment amount for the prospective year shall be determined by the following procedure:
1. The Treasurer shall determine the annual assessment per property by dividing the approved Variable Amount by the number of assessable properties in the Association records as of March 1. The resultant Adjustable Amount per property shall be added to the Base Amount to determine the assessment amount.
2. The budget and assessment amounts shall be approved by the Board at a date that will allow the Association to notify the property owner at least 30 days prior to the Annual Meeting.
The Association does not budget for expenses that may or may not occur, such as emergency clubhouse repair or damaged signage replacement. The one exception over time has been a budget line for snow removal. In most years in which there was a snow removal budget line, there has been no need to remove snow, causing a portion of assessments to go unused for its stated purpose.
It is the policy of the Association to exclude the Snow Removal line item from the budget. Starting with the 2011-2012 budget year, the cost of snow removal will be paid for from the Emergency Contingency Fund. The fund will be replenished by a line item in the subsequent year's budget to cover the expenses for the previous year's snow removal.
The Association maintains five financial accounts: Business Checking Account, Regular Savings Account, Investment Account, Infrastructure Fund Account and Construction Deposit Escrow Account. The purpose of each account is defined below. The procedures regarding deposits and withdrawals from each account assures a complete record and accounting of all Association transactions.
A. Business Checking Account
The Business Checking Account is established for the purpose of deposit and withdrawal of funds for regular income and expenditures for the Association.
B. Regular Savings Account
The Regular Savings Account (Emergency Contingency Fund) is established to hold funds to be used in a major emergency. This account may be used to cover unexpected expenses (such as snow removal costs or clubhouse repair costs). The unexpected expenses shall be repaid to the Regular Savings Account from assessments defined in the following year's budget. The base amount for this account shall be set by the Board of Director. Deposits to this account shall only be made from the Business Checking Account. Withdrawals from this account shall only be made as transfers to the Business Checking Account from which payments for goods and services may be written.
Note: As if June 30, 2011, the base amount for the Regular Saving Account is set at $50,000.
C. Investment Account
The Investment Account was created with a portion of the proceeds from a financial agreement with a developer with property adjacent to Fairview Forest. The account was established to create a stable financial base for the community. Deposits to this account shall only be made from the Business Checking Account. Withdrawals from this account shall only be made as transfers to the Business Checking Account for uses determined by the Board of Directors.
As if June 30, 2011, the base amount for the Investment Account is set at $100,000.
D. Infrastructure Fund Account
The Infrastructure Account is established to be used only for major improvements to the roads. Infrastructure Fund monies are reserved for such improvements as a repaving of an entire side road to increase its overall life, or new rip-rap lining of a major ditch. Revenues for this account are detailed in Regulation: Infrastructure Fund
. Deposits to this account shall only be made from the Business Checking Account. Withdrawals from this account shall only be made as transfers to the Business Checking Account from which payments for goods and services may be written.
E. Construction Escrow Account
The Construction Escrow Account is established to hold construction deposits from property owners building a structure on their properties. Deposits to this account shall only be made from the Business Checking Account. Withdrawals from this account shall only be made as transfers to the Business Checking Account from which debits and/or return of deposit may be written.
To maximize earned interest paid to the Association, the Treasurer may transfer funds from the low-return Regular Savings Account to the higher-return Infrastructure Fund Account. Such transfers require approval by a majority vote of the Board of Directors. Interest income from either account shall be transferred to the Infrastructure Fund Account.
The Board of Directors may include a line in the annual budget to cover the expenses of a Current Year Contingency Fund. The Fund may be initiated to cover minor, but unexpected expenses that occur during a budget year. (Example: Replacement of a damaged road sign or repair of a collapsed culvert pipe.)
If unexpected expenses are greater than the budgeted amount for the current year, the board may vote to transfer added amounts from the Regular Savings Account to the Fund. The added amounts shall be replenished to the fund by a line item in the subsequent year's budget.
Note: The base amount in the 2011-2012 budget for the Current Year Contingency was $3,600.
Section 10.11.d) A check returned to the Association for insufficient funds will be charged a fee, to be set by the Board of Directors, up to the maximum allowed by the State of North Carolina.
The returned check fee shall be $25.00, plus any charges assessed to the Association by the bank. The fee and charges shall be due upon receipt of notification by the Association.
1. Neither the Roads Committee nor the FFHA Architectural Committee shall not issue a Construction Approval certificate to a property owner who is delinquent in the payment of annual assessments.
2. For purposes of issuing permits, assessments past due for more than 30 days are considered delinquent.
3. This prohibition may be waived only by a vote of a majority of the Board of Directors.
A. Deposit amount and terms
1. A property owner shall provide to the Association a refundable construction deposit before a Construction Approval slip is issued by the Association.
2. Construction activities on which a deposit is required include:
a. residential and non-residential structures; the deposit covers septic systems and driveways when included in an Architectural Application for a structure.
b. installation of septic systems and/or driveways only on a property where structures are not
3. Construction activities on which a deposit shall not apply include maintenance and repair of an existing structure, landscaping, well-drilling, storage sheds less than 150 sq. ft. and other construction activities that are less likely to damage common elements.
4. Final determination as to a construction project's qualification for a deposit shall be made by the Architectural and/or Roads Committee. An owner may appeal the decision of the Committee to the Board of Directors.
5. Deposit amounts are as follows:
a. Non-residential structures: $1,000.00
b. Residential structures or additions, including driveways: $2,000.00.
6. The funds shall be held in an Association savings account until the Architectural and/or Roads Committee has completed a final inspection of the construction project. Interest shall be paid to the property owner at the time of return of the deposit. Interest paid shall equal the savings account annual interest rate, prorated to the nearest whole month.
7. The dollar amount of the deposit shall not be assumed to be the limit of liability for damage to the common elements. In compliance with the Restrictive Covenants, Article 8. Restrictions, property owners are liable for all of the costs of repairs for damage caused by the property owner or his/her vendor(s).
B. Reasons for withdrawal from a deposit
1. In the event that the property owner or his/her vendor(s) damage Association common elements, the property owner is responsible for repairing the damage to the satisfaction of the Association. If such repairs are not accomplished in a timely manner, the Association shall make a withdrawal from the deposit to cover the cost of repairs. Such costs shall be determined by an invoice for repairs or by a written quotation for the cost of repairs.
2. The decision as to whether a property owner is liable for repairs is determined solely by a majority vote of the Board of Directors.
3. The property owner shall be notified in writing that he/she is liable for damage.
4. The property owner shall be notified in writing that his/her deposit will have a withdrawal.
5. A property owner may appeal the decision of the Board. Such an appeal must be in writing and must be submitted to the President no more than five business days after he/she receives notice of a deposit withdrawal. The appeal shall be considered by the Board no more than five business days after receipt. The property owner may be present at the appeal hearing and/or may be represented by counsel.
C. Deposit account minimum
In the event the deposit balance drops to less than one-half of the original amount and upon notice from the Association, the property owner shall be responsible for providing funds to re-establish the original balance. Refusal to comply in a timely manner shall be subject to the Restrictive Covenants, Article 12. Enforcement.
D. Limitation of withdrawals from a deposit
The Association shall not withdraw funds from a deposit for unpaid assessments or any other debts owed to the Association other than those specified above.
E. Time limitations
There shall be no withdrawal of funds from the deposit based on time taken to initiate or complete work.
Committee Chairs and their assigns, directors and officers shall present to the Treasurer all invoices for goods or services in a timely manner. Such invoices shall be the original and must be approved by the person submitting the invoice. When appropriate, notes of explanation shall be attached to the invoice.
The Treasurer issues checks for payment of invoices on Friday of the week during which an Invoice is received. Exceptions to regular Friday payment should be arranged ahead of time, whenever possible.
Living in Fairview Forest has had long-term, but not immediately apparent wear and tear on the infrastructure of the roads and other common elements in the community. This wear and tear includes the effect of time and weather in addition to construction, service and other activities.
An Infrastructure Fund has been established to be used only for improvements
to the roads and common elements. Normal repair and maintenance of rights of way and common elements shall continue to be paid for on an annual basis from regular assessments. Infrastructure Fund monies shall be reserved for such improvements as major repairs and revisions to the Clubhouse area, restructuring of a cul-de-sac, or new rip-rap lining of a major ditch.
Income for the Infrastructure Fund is from the following sources:
1) Investment Account interest income
2) Construction Fund and Regular Saving Accounts interest income
3) Construction Infrastructure Fees
4) Contribution from Annual Assessments
5) Voluntary contributions to the Association not otherwise earmarked
The Investment Account is the Association's financial base and provides a high level of flexibility in managing the community's finances. The Board of Directors shall decide on the use of each portion of income from the Investment Account.
Options for use are:
As a contribution to the Infrastructure Fund
As a contribution to the annual assessments budget (As an offset against reductions in annual assessments)
As needed for special projects
The building of structures in Fairview Forest has had a long-term, but not apparent wear and tear on the infrastructure of the community.
The issuance of the Association Building Permit is contingent upon payment of the Infrastructure Fee.
The Fee shall be collected per the following schedule:
A. New residences and additions:
B. Non-resident structures:
(Garages, work shops, storage buildings)
Structures with a "footprint" greater than 400 square feet: $500
C. Other building activities
There will be no infrastructure fee for the following building activities: Small sheds, gazebos, porches, decks, painting, roofing and general repairs.
The infrastructure fee for driveways, wells and septic systems are covered as a part of the residence infrastructure fee, A. above.
D. Changing the infrastructure fee
The Infrastructure Fee amount shall only be changed by a majority vote of the Board of Directors. An exception to the amount of the fee for any individual property owner shall not be changed from the schedules of fees shown above.
As part of the setting of annual assessments, the Board of Directors shall set an Infrastructure Fund contribution amount. The Infrastructure contribution amount shall be considered in setting the Variable Amount of the annual budget.
A. The contribution amount shall be deposited in the Infrastructure Fund
B. It is recommended that the contribution amount be minimal, with an outer limit of no more 10% of the total assessments amount.
Restrictive Covenant Section 9.8.
Minimum lot size.
No residence may be constructed on a lot smaller than one acre.
1. A residence may be constructed on a lot consisting of less than one acre only if:
a) the lot was platted and registered in the Buncombe County Deed Book as of October 5, 1988.
b) the property defined in the deed in force as of October 5, 1988 not have been reconfigured in any way.
2. The Association will not recognize plat designations drawn and then discontinued before October 5, 1988.
Two or more properties that share a boundary or touch at any point shall be considered contiguous.
Two or more properties that are contiguous shall be assessed one assessment if they:
1) meet the requirements of A. (above), and
2) bear deeds registered under exactly the same ownership.
A. Construction of residences on a contiguous lots.
1) If a property owner builds a residential structure on a second, contiguous lot deeded under the same name as the first lot, the contiguous-lot-rule as to assessments* shall not apply.
2) Upon completion of the structure on the second lot, the property owner shall:
a) pay an additional assessment, prorated from the date of the Certificate of Occupancy to the next assessment date, and
b) pay a full assessment for each year thereafter.
B. Purchase of contiguous lots with residences on both lots.
1) If a property owner acquires a contiguous lot with a residence on it, the contiguous-lot-rule as to
assessments* shall not apply, regardless of the name registered on the deeds to the properties.
2) Upon acquisition of the second lot, the property owner shall:
a) pay an additional assessment, prorated from the date of purchase to the next assessment date, and
b) pay a full assessment for each year thereafter.
C. This policy shall take effect as of October 2, 2007
* Covenants, Article 10. Assessments. Section 10.7
. Liability for payment of assessments.
A. Definition of a residence:
A residence is defined as a structure in which owners, their families, guests or renters live. In determining if a structure is or may be used as a residence, the Association shall consider the presence of (or potential for adding) features such as:
a) full bathroom (including bath or shower)
b) heating/air conditioning/water heater
c) kitchen appliances such as refrigerator, dishwasher, etc.
d) cooking facilities
e) bedroom, sleeping area
B. Prohibition of a second residence
1. A second residential structure shall not be built on any property in Fairview Forest after March 24, 2007
2. A non-residential structure on a property in Fairview Forest shall not be converted to a residence.
The Association owns a variety of green spaces in the community. The Green Space covered by this policy is the tract of Association land specified below under "B".
The Green Space is the ravine adjacent to Fairview Forest Drive. It runs from Black Oak Forest Road to the South to Red Oak Forest Road to the North and from owners' property boundaries to the East to Fairview Forest Drive to the West.
The Green Space is set aside as a nature refuge for use by members in good standing and for their guests and/or tenants.
1. Removal of foliage
a. No unauthorized member shall remove foliage (trees of any size, bushes, plants) from the Green Space.
b. The Board of Directors may authorize the removal of foliage to maintain hiking trails/mountain biking trails and/or to maintain the adjacent road rights-of-way.
2. Owners of property adjacent to the Green Space:
a. shall not clear any foliage for any reason.
b. shall not use any portion of the Green Space for storage of any material.
3. As in all of Fairview Forest, no one shall burn any material on the Green Space under any circumstance.
4. The Green Space shall not be used for trash or dumping.
5. The Green Space is not available for camping or sleep-overs.
6. Motorized vehicular traffic shall not be permitted.
Rules for Short and Long Term Rentals
The rules in this section are promulgated and adopted under the authority given to the board in Restrictive Covenants Article 8.17
. Fairview Forest is an established single-family residential community. An overwhelming majority of the owners at Fairview Forest have a strong desire not only to preserve but also to nurture the character and lifestyle of the community that have developed over the years. Given Fairview Forest’s proximity to Asheville and the continuing growth of tourism in our area, the demand for tourist and vacation accommodations has also increased. This has led to the dedication of residences located at Fairview Forest to use as permanent short term rental housing. The Board has determined that too many short term rentals will fundamentally change the character and lifestyle of our community. Short term rentals may provide income for some, but for many others it means noise, disturbance, traffic and disruption. The community will become transient if short term rentals are not controlled. Those owners who live here full time are those who work to make this community attractive to all. The Board has concluded that there must be active control of all rentals in order to preserve the health, safety, and welfare of our resident owners.
1. All property owners in Fairview Forest who rent out their residences, short-term or long-term, are personally responsible for the actions of those to whom they rent their residences.
2. Compliance with these regulations may be enforced under the Restrictive Covenants, Article 12, Enforcement
3. Definitions in this regulation:
a) Property owners offering a property for rent shall be referred to as the owner
b) The party renting the property shall be referred to as the tenant
c) Short Term Rental
is defined as a lease for and occupancy by a tenant of a residence for a minimum time period of 5 days and a maximum of 6 months. From January 1, 2016 through December 31, 2016, there shall be an exception to allow for rental periods of no less than 3 days. With this sole exception the minimum rental time period shall be 5 days.
d) Long Term Rental
is defined as having a lease for and occupancy of a residence for 6 months or longer.
B. Limitations on Short Term Rentals
1. No more than fifteen (15) residences at Fairview Forest may be used for, engaged in, or leased as short term rentals at any one time.
2. The Association shall accept applications from individual owners for use of their residences as short term rentals. These applications must come from individuals who own the residences. Applications from business entities such as, by way of example and not limitation, limited liability companies and corporations, that own lots with residences at Fairview Forest shall not be accepted. Ownership of a residence by a business entity is deemed to be conclusive evidence that the owners of the business entity have turned a single family residential lot into a commercial enterprise.
3. The applications will be accepted by the Association. If there are more than 15
owners seeking short-term rental status, the Association shall randomly draw from those complete applications, permit the 15 residences, and then generate and maintain a waiting list for those wanting the privilege of short-term rental status. If an owner stops using the residence for short-term rental purposes or if ownership of the lot on which the residence is located changes through sale, conveyance, bankruptcy, foreclosure, or any other manner, then the residence will be immediately declassified as a short term rental and assuming that there is a waiting list, the first owner on the list will be allowed to do short term rentals. The privilege to engage in short term rentals is not in any way transferable. The Association may charge an administrative management fee to short term rental owners.
C. Prohibited Rentals – Short and Long Term
1. Rentals of Unimproved Property
Unimproved property is defined as property on which there is no residence. No such property shall be rented for any purpose.
2. Rentals for Commercial Operations
No property shall be rented to conduct commercial operations to the same limits as defined in the Restrictive Covenants, Article 8, Restrictions, Section 8.1. Residential property
. Owning real estate through a business entity, such as corporation, trust or partnership for the purpose of renting is not permitted.
3. Rentals for Camping and/or “Wilderness Experiences”
Properties shall not be rented to conduct camping or “wilderness experiences”.
4. “Bed and Breakfast” Rentals
Bed and Breakfast” rentals are not permitted. They are defined as rentals of individual rooms or suites within the same house. Therefore, “Bed and Breakfast” rentals are specifically prohibited, regardless of the availability of food services in the facility.
5. Timeshares, properties with Fractional Ownership are not permitted. They are defined as a form of shared property ownership, in which rights vest in several owners to use property for a specified period each year.
6. Other Restrictions and Enforcement
a. Enforcement shall be in accordance with the Restrictive Covenants, Article 12, Enforcement
b. Effective February 1, 2016 a system of complaint reporting and review of violations of the Code of Conduct of Rental Standards will be enacted.
c. The right to be an Approved Short Term Rental is not transferable when the property sells or the title is transferred.
D. Long-term Rentals and Leases
Long-term rentals are defined as those rentals that are for a term of six months or more.
1. Any rental that has a lease document specifying a lease term of six months or more shall comply with the following requirements:
a) The owner shall provide the tenant with copies of the Restrictive Covenants and the Regulations.
b) The owner shall provide the Association with the name, address, phone number and email address of the tenant.
c) After March 1, 2014, Fairview Forest Homeowners’ Association shall be a party to any long-term lease for a property in Fairview Forest as follows:
The owner may use any lease form as long as it includes comparable wording to the sections from the North Carolina Lease Agreement as follows:
Section 5. Association is third party beneficiary
Section 6. Compliance and enforcement by Association
Section 7. Payment of Assessments
Section 26. Approval of the Board of Directors
E. Approved Short-term Rentals Requirements
1. Every year during the month of October, but no later than October 31, owner shall provide the Association’s Secretary with:
a) A request to the Association to obtain Approved Short-Term Rental status via completion of the designated form from the Association.
b) A copy of the rental agreement form.
c) Copies of print and online information available to tenants.
d) Addresses of websites used to market property.
e) Name, phone number and email address of local contact responsible for the property. This contact shall be available 24/7/365 for renter emergencies and for
contact via FFHA officials.
f) Any homeowner may request from the board an exemption or exception to these regulations based on hardship or extraordinary circumstances.
2. The Board shall establish a Rental Code of Standards document for the community. All Short Term Renters must agree to abide by the established Rental Code of Standards. The owner shall provide tenants and potential tenants full disclosure as to the nature of the community in:
a. Print literature
b. On rental website
c. In the property’s Rental Standards document
3. Pets (if allowed by the owner) shall be leashed when outdoors per Buncombe County law.
4. Outdoor fires, including bonfires, campfires, fire circles and chimineas are prohibited.
5. Fireworks are prohibited.
6. Owner’s rules regarding use of cooking grills shall be detailed in the Rental Standards document.
7. To limit animal intrusion, trash shall be put out for pick-up by the county-contracted trash service only on the day of scheduled pick-up. Where appropriate, trash should be picked up by the owner’s private vendor from a secured location. The owner is responsible for cleanup of strewn trash originating on the property.
8. Rental site shall have a prominent, legible (but not commercial) road number sign and tenants shall be provided with details and accurate instructions for location of property to avoid having tenants disturbing neighbors.
9. Tenants shall not display signs, balloons, etc. at the rental site or anywhere in Fairview Forest.
10. Tenants shall not park on any portion of a road.
11. Tenants shall use the cul-de-sacs at the end of the side roads to turn around.
12. Rental sites are in a private community where people value their privacy. Tenants shall be informed to respect neighbors’ privacy when using the roads for walks. The 30+ acres of greenway (Arrowhead Trail) owned by the Association is available to tenants for hiking.
Recommendations for the owner:
1. Become familiar with the North Carolina Vacation Rental Act (NCGS 42A). It is available online.
2. Become familiar with requirements for collecting and paying North Carolina State and County Sales Tax on rentals.
3. Check with your insurance agent regarding landlord insurance including liability insurance.
4. Consider hiring a local contact, a cleaning service and a private trash pick-up service.
As of May 4, 2013, a property owner may install a security gate on his/her property only in compliance with the following:
1. Properties on a recognized Fairview Forest right-of-way shall install the gate at least 30 feet from the center line of the road.
a) The Roads Committee may grant a variance to a gate setback to accommodate exceptional topography not to exceed twenty-five percent of the setback requirement.
b) In no case shall a gate obstruct ingress, egress or maintenance of the road and/or right-of-way.
The roads network regulation is intended to define the roads network in Fairview Forest.
A "road" in Fairview Forest is defined as a right-of-way that is approved for maintenance, repair and improvement by the Fairview Forest Homeowners' Association Inc. Such a right-of-way is intended for non-exclusive access to properties by property owners, their guests and vendors. The maintenance, repair and improvement of such roads is the right and responsibility of the Association.
A. Roads Included
The following list designates road rights-of-way qualified for maintenance, repair and improvement in Fairview Forest:
Fairview Forest Drive, Apple Forest Lane, Black Oak Forest Road, Cherry Forest Lane, Chestnut Forest Road, Chestnut Forest Lane, Dogwood Forest Road, Hickory Forest Road, Hickory Forest Lane, Maple Forest Road, Poplar Forest Road, Red Oak Forest Road, Rock Springs Loop (except portion retired in 1999), Rock Springs Court (also called Rock Springs Lane), Rock Springs Road (except portion retired in 1998), Weeping Cherry Forest Road, White Oak Forest Road
B. Roads and Private Driveways Excluded
The following list excludes various private driveways and unapproved, private rights-of-way in Fairview Forest:
Locust Forest Drive, Prayer Ridge Road, Red Oak Forest Lane, Spruce Forest Lane or Road.
A. Roads Naming Scheme
With few exceptions (defined below in B. Exceptions), roads in Fairview Forest conform to the following scheme:
1. The main road that runs the length of the community is named "Fairview Forest Drive" and is the only road called "Drive".
2. Major side roads that originate off of Fairview Forest Drive are named as follows:
The name of a tree or shrub (i.e. "Chestnut" or "Laurel") followed by "Forest Road".
3. Side roads that originate off of a major side road are named as follows:
The name of a tree or shrub followed by "Forest Lane". In most cases, the lane bears the same name as the road off of which the lane originates. Example: Hickory Forest Lane originates off of Hickory Forest Road. when more than one lane originates off of a road, it will bear another tree name lane designation. Example: Apple Forest Lane and Cherry Forest Lane originate off of White Oak Forest Road.
In the past, a portion of the community was under a separate developer and set of restrictions. The Rock Springs road names were used for that section and are now a part of Fairview Forest.
Rock Springs Road originates at Fairview Forest Drive and runs to the north boundary of the property previously owned by Steven White. The portion of Rock Springs Road that was entirely on the Steven White property was retired as a right-of-way in 1998.
Rock Springs Loop originates at Fairview Forest Drive, just south of Hickory Forest Road, and runs east. This road was originally a "loop" and exited onto Fairview Forest Drive. The portion of Rock Springs Loop that was entirely on the Michael Werst property was retired as a right-of-way in 1999.
(Rock Springs Lane originates at the end of Rock Springs Road and runs southwest. Rock Springs Lane is unimproved and will only be improved and maintained in conjunction with an upgrade agreement between FFHA and property owners on the road.)
Rock Springs Court (also called Rock Springs Lane) originates at Fairview Forest Drive, northeast of Hickory Forest Road, and runs south.
C. Changing Road Names
1) Road name changes may be accomplished by agreement of the property owners on a road and the Association. Road naming schemes other than the established "______ Forest Road (Lane, etc.)" shall not be approved.
a. Obtain the approval* in writing of all the property owners on the road.
b. Fill out a ROAD NAME PETITION form obtained from the Buncombe County Dept. of Planning and Development.
b. Obtain the approval of the Association in writing by presenting your petition to the Association Board of Directors.
c. Submit your petition to the county.
d. Inform all property owners of the change.
e. Request new road signs from the Association.
3) Some tree names available:
Ash, Beech, Birch, Buckeye, Butternut, Hemlock, Pecan, Persimmon, Sourwood, Sycamore, Walnut.
* If a property owner does not reply either "for" or "against" a new name, send a registered letter informing the owner that unless you are informed otherwise, their non response will be assumed to be an approval.
Rights of way are shown on Buncombe County Plat maps. Owners' property lines extend to the middle of most roads in Fairview Forest*. However, there has been established a right-of-way of 30 feet on either side of the road centerline. That right-of-way was established to build, maintain and improve roads to access properties, and, along with established easements, provide access for electricity, telephone and other utilities. Two major functions of the Association responsibility to "repair, maintain and improve" roads and rights-of-way concern 1) road damage, and 2) road safety.
Any situation or activities (construction, landscaping, etc.) initiated by a property owner that damages the roads shall be the responsibility of the owner to correct or repair to the satisfaction of the Association. Refusal to correct or repair the road shall result in repairs by the Association the cost of which shall constitute a lien upon the property until settled.
Any situation or activities (construction, landscaping, etc.) initiated by a property owner that creates a danger to those using the roads shall be the responsibility of the owner to correct or repair to the satisfaction of the Association. Refusal to correct the unsafe conditions shall result in action by the Association the cost of which shall constitute a lien upon the property until settled.
*Exception: Owners of property sited on Fairview Forest Drive between the community entrance and Red Oak Forest Road.
1) Property Site Types
This policy only applies to:
a) those properties in Fairview Forest that are sited on Fairview Forest Drive and
b) those properties in Fairview Forest that are sited on a side road and are also bordered on one side by Fairview Forest Drive.
1) Properties sited on Fairview Forest Drive
Properties sited on Fairview Forest Drive will have a driveway connection onto the Drive. Prior to installation of a driveway, owners of such properties must confer with the Roads Committee regarding the location of driveway connection concerning both safety and erosion.
2) Properties sited on side roads and bounded by Fairview Forest Drive
Properties sited on side roads that have a boundary on Fairview Forest Drive may not install a driveway connection to Fairview Forest Drive.* If owners feel that there are extenuating circumstances that support connection to the Drive, they can appeal to the Board in writing and/or in person.
Exception Note: The property at the north corner of Maple Forest Road and Fairview Forest Drive has a driveway connection to Fairview Forest Drive that was granted by a former developer. That connection is grandfathered and therefore approved by default.
A. General rules:
1. Do not park vehicles on or beside the roads and cul-de-sacs.
2. Owners are responsible for the vehicles of their guests and vendors.
3. Vehicles (including trailers) not licensed for their intended use that are parked in common areas, on or beside roads and cul-de-sacs shall be considered abandoned and shall be towed at the owner's expense.
4. FFHA vendor vehicles shall be given wide latitude on staging and parking of equipment.
B. Specific restrictions and guidelines:
1. Fairview Forest Drive
a) Do not leave a vehicle unattended on or beside the Drive.
b) Short term parking (less than an hour) is acceptable but not encouraged. Short term parking shall not be around curves or on steep portions of the Drive.
2. Clubhouse/Mail Center parking area
a) The parking area is intended for the following uses only:
Clubhouse attendee parking
Property owners guest parking
Transfer truck work area
Construction equipment storage (short term, such as a day or two)
FFHA vendor vehicle and equipment storage area
Winter bad weather parking area
3. Side roads
a) Do not leave a vehicle unattended on or beside side roads.
b) Short term parking (less than half an hour) is acceptable but not encouraged. Short term parking shall not be around curves or on steep portions of a side road. Short term parking shall not block or partially block a side road.
Cul-de-sacs shall be kept clear as a turn-around area for fire and emergency vehicles as well as larger trucks and vehicles.
a) Do not leave a vehicle unattended in cul-de-sacs, short or long term.
b) Construction materials, trailers, etc. shall not be stored in cul-de-sacs. A cul-de-sac may be used as a transfer area for such materials.
1. Parties and other gatherings
When a property owner has a party, guests may park on the area beside the road. Please ask your guests to leave enough clearance for neighbors to pass.
2. Major deliveries and construction
a) Instruct delivery driver to keep a passage open.
b) Be prepared to have the driver move the vehicle in case of emergency.
c) Contractor's subs should park on the construction property whenever possible. When parking on the road is necessary, workers shall park so as to not block road passage.
3. Winter parking
Parking on the sides of the main road and at the entrance to side roads is sometime necessary during winter weather. Use good judgement so as not to put your vehicle in a position dangerous to others.
Regulation: Unattended Vehicle Towing
Abandoned and/or unattended vehicles on or beside roads in Fairview Forest may be towed away at the discretion of the Association. (For details, see the regulation called "Parking on Roads and Other Common Areas".)
1. If a vehicle must be left unattended due to mechanical or weather problem, it is suggested that:
a) Owner pull the car as far as is possible onto the shoulder to avoid blockage of the lane;
b) Put a note of explanation on the windshield, including the owner's name and phone number;
c) Call a representative of the Association with details; (names and phone numbers are in newsletters and FairviewForest.com)
d) Make arrangements to have the car moved.
2. In most cases with the exception of dangerous situations, the Association will post a "tow-away warning" notice on the unattended vehicle.
3. Depending on the circumstances (weather, danger of the situation, etc,) the Association shall arrange for a private towing company to tow the unattended vehicle to the towing company's holding lot; the vehicle owner must deal with the towing company as to payment for towing and storage.
Property owners who, after November 1, 2006, plan to install, place or plant any encumbrances* along the edge of the road(s) that are adjacent to their property are advised to place such encumbrances at least 15 feet from the edge of the road.
The areas mentioned are part of 1) the road right of way reserved to the Association for maintenance and, 2) the easements reserved to utilities for installation of lines.
Both the Association and utility companies may remove such encumbrances without notice to the property owner and without liability.
*For purposes of this policy, "encumbrances" are defined as (but not limited to) fences, gates, walls, trees, shrubs, posts (excluding house number signs) or any item that:
impedes road maintenance or
interferes with utility work or
creates a roadside hazard for motorists
Legal requirements regarding snow removal: The Restrictive Covenants state that among the purposes of the Association is to "repair, maintain and improve" our roads. However, there is no duty under the Restrictive Covenants and By-laws to conduct snow removal activities. Snow removal is not maintenance nor is it repair. Snow removal is thus a service provided solely within the limits of the Association's budget. This policy defines the parameters of snow removal the Association will undertake. During snow/ice events, all roads shall be deemed "travel at your own risk".
The logistics and expense of snow removal make it very difficult for the community to plow its roads. Each winter season is different and each winter storm event really has to be judged and decisions made at that time.
Snow removal plan guidelines:
The Association will not attempt snow removal until more than than six inches of snow has accumulated.
Measurements will be taken generally at mid-elevations (tops of Maple Forest Road/Chestnut Forest Road and at the junctions of Poplar Forest Road and at higher elevations on White Oak Forest Road at Fairview Forest Drive.
Other important factors include the pending weather forecast and the proximity of warmer weather.
The decision to remove snow accumulation will be made by the Roads Committee Chair with consensus of the President and at least one other Board member.
No clearing will take place until the snow storm is over.
The Association will not de-ice or sand the roads. Homeowners are requested to not use rock salt (sodium chloride) on surfaces to melt ice. We need to protect our wells and our ground water source.
Driveways shall be constructed and/or maintained in such a way as to minimize drainage that will damage roads and common areas. Proper ditches, ditch lining and culverts must be installed as needed.
A. Newly created driveways
1. Plan for a driveway must consider:
a) Connection with the Association's road
b) Ditching and ditch lining
c) Installation of culvert piping
d) Slope of the surface of the driveway to direct water to the ditch (often called "cant" or "pitch")
e) Final surface material (gravel, concrete, black top)
2. Driveway construction damage
a) The owner is responsible for proper repair to Association roads due to damage done during driveway construction. (See footnote 1)
3. Association modification of an owner's driveway
a) The Roads Committee may choose to install water diverters at Association expense within the bounds of the right of way on an owners driveway. (Water diverters are small asphalt strips, similar to small speed bumps, that direct water to the ditch and away from the road.)
B. Existing driveways
Driveways that are found to be out of compliance with proper drainage must be corrected by the property owner. If the problem is not corrected within a reasonable time, the Association will make the repairs and bill the property owner. If the bill is not paid within 30 days, such billing shall constitute a lien against the owner's property.
1 Such damage often includes breakage of the Association road surface at the driveway edge. It is recommended that the owner include damage repair in discussion with your vendor.
Some owners who are not going to pave their driveways choose to install an "apron" where their driveway meets the road surface.
When the Roads Committee considers that the edge of a driveway will create potential damage to the Association road, the Committee may choose to install an apron at the Association's expense when performing annual paving repairs.
There are three steps required to construct a driveway on a property in Fairview Forest:
The property owner must submit a completed Driveway Construction application to the Roads Committee before starting construction on a new driveway.
Applicant must submit the following:
a) Completed Driveway Construction Application, signed by the property owner or designee.
b) Accurate drawing, showing the following:
- Location of driveway on lot
- Where the driveway access will meet the road
- Size and location of ditches, ditch lining and culvert piping, as needed
B. Application Approval
Upon receipt of a completed application, the Roads Committee shall act upon it within ten business working days. The Committee may request an on-site meeting, approve the application, reject the application or request additional information. If the Committee does not respond as listed above within the specified period, the application shall be considered approved. However, this type of "default" approval does not absolve the property owner from responsibility for damage to the right of way caused by the driveway construction.
2. Refundable Driveway Construction Deposit
The property owner may be required to provide to the Association a refundable driveway construction deposit before the Application is approved by the Roads Committee. Deposits are of two types:
Type One: Owner is also applying for a permit for the driveway at the same time as for a structure: Deposit is covered under structure deposit.
Type Two: Owner is not applying for a Structure Permit at this time: Deposit is $1,000.00.
C. Driveway Construction Approval
Upon completion of the new driveway, the owner shall request from the Roads Committee an inspection. If the driveway is approved, the Roads Committee shall issue a Driveway Approval Certificate. The Refundable Deposit shall be returned after issuance of the Approval Certificate.
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