Frequently Asked Questions

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Frequently Asked Questions2019-04-23T03:16:44+04:00
What is a Homeowners Association2019-05-01T00:31:50+04:00

Loosely defined, a homeowners association is an organization of neighbors who work together toward a common goal. That goal being, providing the highest quality of life for all members, protection of property values, and social/recreational activities through its amenities. Through various committees, all members are invited to participate in a variety of functions which benefit the neighborhood and foster fellowship and goodwill.

More specifically a homeowners association is an official, legal neighborhood governing body that is established in advance of the development of the neighborhood. Deed restrictions placed upon the property, in advance of its first and subsequent sale, subject all homeowners to mandatory membership in the homeowners association, whether informed or not at the time of closing. Cedarfield Plantation Homeowners Association is a non-profit corporation.

The Association is governed by several documents:

  • Articles of Incorporation, which define the membership and purpose of the Association
  • By-Laws, which outline the rules and powers of the Association
  • Declaration of Covenants, Restrictions, and Conditions, agreed upon by all property owners, as a condition of purchase of their home.

The Board of Directors of the homeowners association is responsible for the enforcement of the described deed restrictions within the guidelines provided in these documents.

All amenities and common property are owned by the members of the homeowners association, and therefore, share equally in the financial responsibility for maintaining them.

Are there any Annual HOA Assessments/Dues?2019-05-01T00:31:38+04:00

Yes, please please check out the Assessments page.

Why do we pay our dues at the beginning of the year?2019-04-23T02:56:54+04:00

Most of the association’s financial obligations, such as the pool management contract, landscape contract, begin in the spring. Therefore, adequate funds must be available to pay for these services.

For more information, please see the Assessments page.

Do people who do not use the pool pay the same dues as those who do?2019-05-01T00:31:23+04:00

All amenities are provided by and for members of the association regardless of use. A fully functional pool and properly maintained common area is essential to maintaining property values. Whether you use the pool or not, your property value is enhanced by its presence. Therefore, each member of the association shares the obligation to maintain all common properties and facilities.

Why do some people violate restrictions and get away with it?2019-05-04T08:09:24+04:00

Any violation of the covenants and restrictions should be reported to the property manager by emailing violations@mycmg.com and including the following:

  • Community Name: Cedarfield Plantation HOA
  • Property Address
  • Description of violation
  • One or more photos showing the violation

Violations that appear to not be addressed have either not been reported or are in the process of being addressed.

Please view the Violations page for more detail.

Are there any HOA Committees?2019-05-01T00:30:52+04:00

Yes! Committee involvement is essential for the success of the Homeowners Association. Committees are a crucial infrastructure of Cedarfield Plantation. Committees plan activities, perform architectural control, prepare written materials, oversee recreational facilities and activities, as well as, providing guidance to the Board of Directors. Current committees include:

  • Architectural Control
  • Pool
  • Social
  • Landscaping
  • Technology
  • Welcoming

The Board urges all residents to become involved and help keep Cedarfield an appealing place to live.

Are there any satellite dish regulations?2019-05-01T00:30:39+04:00

Yes:

  • Dishes will be a maximum of 1 meter in diameter.
  • All satellite dishes and installation locations must be reviewed by the Architectural Control Committee regardless of placement location. Any dish systems which are not approved or do not meet these guidelines will have to be removed or relocated at the homeowner’s expense.
  • Dishes will be placed in locations not visible from the front of the house. For example:
    • Attached to chimney but not protruding above chimney.
    • Attached to back/side of home, below the roof line.
    • In the backyard, shielded by shrubbery.
    • Installed in attic.
Are there any animal control restrictions / leash laws?2019-05-01T00:30:25+04:00

Yes. Beginning on July 1, 2001, the town of Huntersville offers full-service animal control. Registration is annual and there is no cost. Registration cards are available at the police department and animal hospitals. Simply have someone at your veterinarian’s office verify an up to date rabies inoculation or bring the paperwork to the police department and one of the employees will verify it for you.

For more information about the Animal Services provided by the Town of Huntersville, visit the Animal Services page.

Regarding leash laws, the City of Charlotte and Mecklenburg County have strict leash laws that apply to all animals except cats (see the nuisance animal section for laws pertaining to cats). Animals must be on a leash, contained within a fence or an operable and marked invisible fence. An animal my be loose in its own yard if there is an adult (18 years or older) present with the animal and the animal responds to direct verbal commands of the person.

All regulations aim to protect the health and safety of our citizens. Please by a responsible pet owner and abide by the law. Violations will be investigated and stiff fines may be applied. Fines range from a $50.00 citation for the first violation and up to a $500.00 citation and permanent seizure of the animal for a fifth violation.

For more information visit the Charlotte-Meckenburg Animal Laws page.

Can I park my commercial vehicle on my property?2019-05-01T00:26:32+04:00

Commercial vehicles must be stored in your garage. You may not park your vehicle in your driveway or on the street.

DR (10) No residence of a temporary nature shall be erected or allowed to remain on any lot or assembly of contiguous lots, and no trailer, basement, shack, tent, garage, barn or any other building of a similar nature shall be used as a residence on any lot or assembly of contiguous lots either temporarily or permanently. Mobile house trailers, on or off wheels, vehicles, or enclosed bodies of the type which may be placed on or attached to a vehicle, known generally as “campers”, commercial vehicles of any kind operated by a member of the household occupying the dwelling on lot, and any boats and boat trailers shall not be parked on the street or within the front or side street setback lines, and in addition, shall be parked under cover and within a carport, garage or other shelter approved by the Architectural Control Committee as to location and appearance, and no such vehicles or trailers may be occupied while parked on any lot; provided, however, with the prior written consent of Oaklawn Associates, builders my maintain temporary construction offices on Lots.

DR (11)(d) No open portion of the lot shall be used as a storage place or garage for any type of commercial vehicles, which shall be housed in a garage enclosure and which shall be limited in size to accommodate not more than six (6) vehicles.

Can I place campaign signs on my property?2019-05-01T00:42:39+04:00

North Carolina state law prohibits an HOA from preventing homeowners from displaying signs on their property. This overrides the provisions for Cedarfield Plantation HOA that states:

DR (13) No sign or bulletin boards of any description shall be displayed on any residential lot with the exception of signs “For Rent” or “For Sale”, which signs shall not exceed two by three (2 x 3) feet in size.

You must follow the Town of Huntersville ordinances when it comes to political signs. Please note that the HOA rules supersede the Town of Huntersville’s ordinance in all cases except political signs.

Article 10.10.9

    1. Individual signs shall not exceed 16 square feet in area or 6 feet in height if located on private property, and 6 square feet in area and 3 1/2 feet in height if located in a right of way.
    2. No signs shall be permitted in the right-of-way of a fully controlled access highway.
    3. Signs shall be no closer than 3 feet from the edge of pavement of the road, and shall not obscure motorists’ visibility at an intersection.
    4. Permission shall be obtained from any property owner fronting the right-of-way where a sign is erected.
    5. Signs may be erected no earlier than 30 days prior to the beginning date of “one-stop” early voting (or third Thursday prior to the election date).
    6. All signs shall be removed within 10 days after the election or primary for which they were made.
What happens if I refuse to adhere to the Covenants, Conditions, and Restrictions?2019-05-01T04:41:01+04:00

Violations of the CC&Rs are brought before the board by two main channels: a monthly inspection wherein the property management company drives through the neighborhood and notes any clear violations and secondly, by homeowner reports (these can be anonymous).

1) First Notice

When it is brought to the Board of Directors’ attention that your property is not in compliance, you will be sent an initial notice indicating what needs to be fixed and by when it is expected to be brought back into compliance. It is expected that the situation be satisfactorily remedied and that you follow up with the violations department to let them know that you have resolved the issue.

2) Second Notice

If the first notice goes without response and the violation persists, a second notice will be sent out. This notice repeats again lets you know what needs to be fixed and by when it is expected to be resolved. It also tells you that the next step is to be called before the Board of Directors for a hearing to discuss why the violation is not being addressed.

3) Hearing

You will be notified of the date/time/location of your hearing at which time you are expected to show up with any pertinent documentation that you have (if any) with regards to the violation. You will discuss with the board why you have continued to disregard the notices and come to an agreement on how to resolve the issue. Should no agreement be reached, the board will then vote to begin fining your account.

4) Result of Hearing & Fines

After the hearing you will receive a letter that describes the outcome of the hearing and will detail any fines that will be levied against your account. These fines are typically a monthly, or a per-occurrence/report (maximum per-day) fine and are based on the violation at the discretion of the board.

5) Payment of Fines

Should fines be placed on your account, all subsequent payments will be applied first to your fines and secondarily to your dues. If not paid in full, this can cause your dues to be considered past due and late fees assessed. If payments are not being made and no payment plan has been put in place, the account will be turned over to the attorney.

6) Lien

Should the account balance exceed $500, a lien may be placed on your property. This may make it difficult to sell your property as the lien will remain on the property and transfer to the new owner at the time of sale.

7) Forced remedy

At any time after the hearing and during this process, the Board of Directors may vote to have the necessary work done to your property. If this happens, all related costs will be added to your account and become payable immediately.

8) Foreclosure

If an account remains in poor standing for an extended period of time and after all other options have been exhausted, the Board of Directors may vote to foreclose on the property. If the violation culminates in this action, you will end up losing your home and incur extensive legal costs. The property will be resold at fair market value.

 

I disagree with something in the HOA’s governing documents. What can I do about it?2019-05-01T05:00:05+04:00

The Cedarfield Plantation HOA was incorporated on September 28th, 1987. At this time, the governing documents became binding and all subsequent members and elected Board of Directors have been legally obligated to adhere to the Articles of Incorporate, By Laws, and Declaration of Covenants, Conditions, and Restrictions.

As time goes on and the surrounding community grows and changes, it may become necessary to make amendments and updates to these governing documents. To do so requires a 3/4ths majority vote of ALL members (ARTICLE X of the Articles of Incorporation and ARTICLE XII Section 3 of the CC&Rs) which, at the time of this writing, is a minimum of 342 ‘yes’ votes to the amendment (456 total members).

Articles of Incorporation

ARTICLE X

Amendment to these Articles shall require the assent of the members entitled to at least three-fourths (3/4) of the entire vote of the membership.

Declaration of Covenants, Conditions, and Restrictions

ARTICLE XII

GENERAL PROVISIONS

Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after wich [sic] time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75) of the Lot Owners. Any amendment must be recorded.

Can I have a basketball goal on my property?2019-05-04T08:06:20+04:00

Permanent basketball goals may be installed aligned with the driveway and embedded in concrete. Permanent goals may not be installed along the street. Portable goals should be stored while not in use.

When neighbors are in agreement — particularly within a cul de sac — the Board has occasionally granted an exception and permitted portable goals to be left out along the street. In these cases the homeowner must accept responsibility for any potential property damage (such as vehicle or truck collisions), noise ordinance, or nuisance violations. Should any neighbor complain about the goal left along the street, the Board reserves the right to rescind the exception. If you have received a violation for your basketball goal and wish an exception to be made, please contact the Board of Directors to discuss.

Note: The City of Charlotte forbids basketball goals. The inspectors from our management company frequently inspect communities in Charlotte and may not always be aware that the Town of Huntersville and the HOA permit them. If you have received a violation for your goal and believe it is in compliance or should be an exception (or has already been granted one), please contact the Board of Directors immediately. Mistakes happen!

I can’t make it to the Annual meeting on Wednesday, can’t you hold it some other day of the week?2019-05-04T21:25:22+04:00

The Association’s bylaws fix the date of the annual meeting to the third Wednesday of January (Article V, Section 1).

Section 1. Annual Meetings. The first annual meeting of the members shall be held within one year from the date of incorporation of the Association but no later than the third Wednesday in January, 1989, and each subsequent regular annual meeting of the members shall be held on the third Wednesday in January of each year thereafter.

A Substitute Annual Meeting may be called if the need arises (Article V, Section 3). Typically the board chooses to hold the Annual Meeting on the third Wednesday of January according to Article V, Section 1 of the By Laws unless there is some significant need to move the date (natural disaster, storm, etc.). This way, there is no question about when the meeting will be held and members can clear their schedule far in advance. Article V, Section 2 details the procedure by which a substitute annual meeting may be called.

Section 2. Special Meetings. Special meetings of the members may be called at any time by the president, secretary or majority of the members of the Board of Directors, or upon written request of the members entitled to one-fourth (1/4) of the votes appurtenant to Class A lots.

Section 3. Substitute Annual Meeting. If the annual meeting shall not be held on the day designated by these By-Laws, a substitute annual meeting may be called in accordance with Section 2 of this Article. A meeting so called shall be designated and treated for all purposes as the annual meeting.