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Boulder Creek Subdivision
Rules, Policies and Procedures
March 2007
Table of Contents:
Use of Property
Approval of Plans Before Construction
Setback Lines for Buildings
Trailers, campers, tents, shacks, detached garages, barns, etc.
Nuisance and Unsightly Materials
Maintenance of Lot
Signboards
Enforcement
Entrance Features
Violation Assessments
Collection Policy
Request for an Opportunity to be heard
This publication is to aid in homeowners’ determining their responsibilities.
Violations of the CCR (Covenants, Conditions and Restrictions) and RPP (Rules, Policies
and Procedures) will result in violation assessments and/or suspension of privileges. If an
action or condition is not expressly allowed, then it is deemed prohibited. For a full copy
of the CCR or an approval request form, visit our website www.BoulderCreekNC.us/ or
contact our new Management Company:
OMNI Management Services, Inc.
North Carolina Toll free: 888-541-0018
1914 J. N. Pease Place Fax: 704-334-2242
Charlotte, NC 28262 Toll free fax: 866-360-6746
Google Location Map After Hours Emergency: 800-215-0023
Use of Property
Commercial use of property is prohibited.
Dwelling must be a single-family unit.
Garage space cannot be used as a residential space. Garages are to be used for
vehicle parking. No personal property storage or conversion to living space is
allowed if vehicles are displaced to street.
Lot cannot be rented for less than 3 months.
Approval of Plans Before Construction and Enforcement - All of the following
require prior approval by the HOA.
Mailbox or its support must be a design approved by HOA or ARC. Brick
mailbox cannot be installed (prohibited by NC DOT).
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Satellite Dishes must be approved by HOA. Satellite dish larger than 18” is
prohibited. Satellite dishes are not to be seen from the street.
All driveways or walkways must be made of paved concrete finish. Curved
driveways are encouraged. Circular or asphalt driveways are prohibited.
Garage door must be constructed to harmonize with the remaining
construction of the house in manner or color.
Prior approval must be given for construction of building, structure, fence,
sidewalk, obstruction, wall or drive.
o All fences require approval. Fences cannot be in front of the rear
facade of the house without ARC approval. Fence height cannot be
more than 6’. Fence must have “finished” side to the outside of lot
and framework is to be to the inside of the lot. Chain link fence of any
kind is prohibited. This includes animal containment systems.
o Outbuilding cannot be taller than 12’. Outbuilding must be made of
vinyl siding or other acceptable finish material to match house.
o House addition exterior walls must be made of vinyl siding or other
acceptable finish material to match house.
o Above ground utilities prohibited. Utilities must adhere to applicable
codes for such utilities.
o No more than one outbuilding, portable basketball goal and/or
doghouse is/are permitted on a Lot.
o Doghouse cannot be larger than 4’W x 4’D x 3’H.
o All above ground swimming pools are prohibited. Wading Pools are
permitted, subject to ARC approval. Wading Pools are designed for
seasonal setup and use which are to be stored at the end of the
swimming season. May 1st – September 30th will be our approved
swimming season for Boulder Creek.
o Wading Pools, trampolines and play sets must be behind the rear most
portion of the structure.
o Trash/recycling receptacle screening cannot be smaller than 4’x4’ or
larger than 6’x6’. Trash/recycling receptacle screening must be made
of solid white vinyl in an L-shaped enclosure 4’x4’x6’ with lattice
allowed the top 2’. If plant screening is used, it must block
trash/recycling receptacles from the start and be evergreen. All
trash/recycling receptacles must be out of view from the frontage street
of their home. Corner lots will require additional review and will be
evaluated individually.
o Freestanding lights in the front yard must not be greater than 7’ in
height. Freestanding lights in the backyard must not be greater than
10’ in height.
o Building material and equipment cannot be in view longer than thirty
(30) days.
Lot owner desiring the approval of any proposed Improvement to any Lot
shall submit to the HOA, plans and specifications showing in such detail and
manner as HOA may require; the nature and dimensions of the proposed
Improvement; materials and location of the proposed improvement; and
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sketch or drawing showing location of the proposed Improvements on the Lot
in relation to home and other structures.
The HOA has 30 days to approve or disapprove any proposed Improvement.
Time starts when HOA has all required information in hand.
Submission of plans for proposed Improvements must be done prior to any
ground breaking or construction.
If Lot Owner fails to submit such plans for approval, whether such failure is
intentional or not, and the HOA fails to demand enforcement of the
restrictions set forth in this Section by mere inadvertence or otherwise, such
failure on the part of the HOA shall not constitute a waiver of the HOA’s right
of approval nor of any right to enforce, at law or in equity, all conditions,
covenants and restrictions.
The HOA, any Owner, or any other person, firm or corporation owning any
interest in a Lot, shall have the right to enforce, by any proceeding at law or
equity, all conditions, covenants and restrictions now or hereinafter imposed
by the provisions of the Declaration. Any failure by such party to enforce any
such covenant, condition or restriction shall in no event be deemed a waiver of
the right to do so thereafter.
Setback Lines for Buildings
No building, garage or other accessory structure incidental to the residential
use of a Lot can be located nearer to a side Lot line than permitted by the
municipalities. This does not include porches, terraces, eaves, wing-walls and
steps. Outbuilding(s) cannot be placed less than 5’ from any property
boundary as provided by zoning regulations. Outbuildings must have
sufficient clearance around all sides to permit appropriate maintenance.
Trailers, campers, tents, shacks, detached garages, barns, etc.
Trailers, campers or other structure of a temporary nature cannot be erected on
Lot. Trailers, campers, shacks, tents, garages, barns or other structure of a
similar nature cannot be used as a residence (temporary or permanent) on any
Lot. Motor homes, motorized vehicles, trailers or boats with trailer can not be
on Lot or street or streets adjoining Lot in excess of 72 continuous hours
outside of a contained carport, garage or other approved outbuilding.
Nuisance and Unsightly Materials
Noxious, offensive or illegal activity on Lot is not permitted.
Anything done thereon Lot, which may be or become an annoyance or
nuisance to the Subdivision is not permitted.
Security system installation without automatic reset mechanisms limiting
exterior noise to a reasonably appropriate length of time is not permitted.
Must have prior approval for exterior antennas, towers, solar panels, television
poles, radio poles, satellite dishes or equipment erected on any Lot or attached
to any structure on any Lot
Must have HOA approval for all statues, animal replicas, portable basketball
goals or similar appurtenances placed in the front or side yard of any Lot.
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o Permanent basketball structures are not permitted. Portable basketball
goals cannot be closer to the road than 15’. Portable basketball goals
cannot be made out of material other than metal, Plexiglas and/or
fiberglass. Portable basketball goals must be oriented so that play
occurs on lot requesting basketball goal.
o Fountains/statues cannot be in excess of 42” x 30”.
Animals or Poultry that are not customary household pets cannot be kept on
Lot.
Pets cannot be bred or maintained for any commercial purpose. Pets cannot
be kept in such numbers, or of such a nature, or in such a manner as to
become a nuisance to the other Lot Owners or residents of the Subdivision.
No breed or type of animal that has been identified or designated as
“dangerous” or otherwise requires their owners to implement special
precautionary measures under the provisions of any local animal control or
other applicable law, regulation or ordinance is permitted. Any animal(s) that
are deemed to be a nuisance may be expelled from property by HOA.
Maintenance of Lot
Lot must be kept in an orderly condition.
Firewood must be stored in an inconspicuous location so that it does not
impose upon neighbors.
Seasonal decorations must be removed within 30 days of the holiday.
Parking in grass area is not permitted.
Improvements must be kept and repaired to the standards of the Subdivision.
Clothesline cannot be erected or maintained on any Lot if it is not directly
behind the residence and out of view from the frontage street.
Storage of rubbish of any character whatsoever in whole or in part on any Lot
is prohibited.
Storage of property or thing or the conducting of any activity that will be a
nuisance or cause any noise that will disturb the peace and quiet of the
residents of the surrounding Lots is prohibited.
Trash, rubbish, stored materials, wrecked or inoperable vehicles or similar
unsightly items on Lot outside of an approved enclosed structure is prohibited.
Deposit of trash, rubbish or other debris for collection in excess of three days
at curb is not allowed. City of Concord Ordinance Section 46-37 for trash
deposit is 5 p.m. the night before to 9 p.m. the day of trash pickup at
curb/street side.
Signboards
Signboards, billboards, or advertising signs of any description displayed on
Lots are prohibited. Exclusions: one sign stating “For Rent” or “For Sale”
2’x3’ in size or smaller; one commercial security system sign and one security
sticker per window; signage placed by the HOA and/or required invisible
fencing signs posted (Cabarrus County Animal Ordinance Section 10-6-A).
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Entrance Features
No Owner of an entrance feature Lot may remove, alter, obscure or conceal in
any manner any entrance feature.
Violation Assessments
By accepting a deed in Boulder Creek Subdivision all Lot Owners agree to
pay to the Association any costs, fees, charges or assessments that may be
levied or assessed by the Association or any governmental body or agency or
municipality in connection with the maintenance, upkeep, repair or
replacement of the Entrance Features.
Until the HOA or its Management Company is notified and can verify that a
violation has been remedied fines and late fees will continue to accrue.
Collection Policy
The treasurer shall report on the payment status of all owners at each Board meeting. For
any owners who owe sums which are 30 or more days past due, measured from the date
on the original bill or other written correspondence or notice to the owner, the Treasurer
shall institute collections proceedings pursuant to this policy.
A late fee shall be imposed against any owner whose assessments or other amounts owed
to the Association are 30 or more days past due, and thereafter for each month that any
amount remains 30 or more days past due. The late fee shall be $20.00 per month or 10%
of balance (whichever is greater).
Within 45 days after the original due date, a letter shall be mailed to the owner informing
him of the fine that has been imposed and stating that, if full payment is not received
within 15 days, the matter will be turned over to the Association’s attorney for collection.
The letter shall state that a lien could be placed on the owner’s property if full payment is
not received after the matter is turned over to the attorney, that the owner will be
responsible for all attorney’s fees and costs of collection, plus interest, and shall set forth
the approximate additional amount that will be owed including the attorney’s fees (but
exclusive of interest) if a) paid after turnover to the attorney bet before filing of the lien,
b) paid after the lien is filed. The letter shall state the homeowner may avoid the
attorney’s fees and costs if the full balance is paid within the 15 days.
If a satisfactory response to the foregoing is not received within 15 days of the
Association’s mailing, the matter shall be turned over to the Association’s attorney for
collection. In addition, at the time that the matter is turned over to the attorney, if yearly
assessments to the Association are payable monthly, quarterly, or according to some
other payment schedule (rather than due all at once in a lump sum), then all future
payments which would be due from the past-due owner over the remainder of that
calendar year shall be accelerated and shall immediately become at once due and owing
and shall be collectible in the same manner as the existing past-due amount then owed, it
being understood that the privilege of paying assessments on a payment schedule is
extended by the Association only to creditworthy owners.
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The attorney shall send one final letter to the owner by both certified mail, return receipt
requested, and regular mail. The letter shall set forth the same matters detailed in
paragraph 3 above, and shall state that this is the last communication the owner will
receive. The attorney may also call the owner or make such other collections efforts as
he may deem advisable. If immediate payment arrangements are not made in response to
these efforts, the attorney shall so inform the Treasurer, who shall authorize the attorney
to file lien against the owner’s unit for the full amount owed, including all fines,
attorney’s fees, accrued interest and any accelerated payments.
Depending on the amount owed and any other facts particular to the case at hand,
including specific hardship demonstrated by the owner, the Board by majority vote shall
have the power to waive any fines, interest or costs or extend the time limits set forth
herein, provided that the Board shall set forth the facts supporting such decision in a
written resolution. The Board may not waive the liability of the owner for the principal
balance of the actual assessment due exclusive of fines, interest and costs except upon
unanimous vote and written findings of special hardship or unusual circumstances.
In addition to the above course of action, at any time after the filing of the lien, the Board
may vote to sue the past-due owner personally in court should the particular facts of the
case warrant it in the Board’s opinion. The Board shall set forth the facts supporting such
decision in a written resolution.
The failure to meet precisely any of the time limits set forth herein shall not affect the
rights or liability of the past-due owner or the Association as long as all actions required
hereby are taken in good faith within a reasonable time of the time prescribed. This
policy sets minimum standards which must be met and the Board or the Treasurer may
authorize further collections efforts in addition to those set forth in this policy.
No change of address of an owner shall be binding upon the Association for purposes of
notices given under this policy unless the Association has received affirmative notice of
the change in writing from the owner in a manner reasonably calculated to alert the
Association to the change. For example but not by way of limitation, the fact that an
owner may have sent correspondence or payment to the Association with a new return
address or a new address on the check itself is not sufficient to be binding upon the
Association unless the owner has explicitly called the Association’s attention to the
change in writing. Except as provided for herein, Association shall use only mailing
address as shown by county Tax Assessor’s Office at the time of mailing. Association
shall not mail to third parties or agents unless requested in writing by the owner as set
forth above.
The foregoing notwithstanding, the Association may place a claim lien on a property at
any time as it may deem necessary to protect the interest of the Association.
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Request for an Opportunity to be heard
For any owner who is alleged to have violated the covenants or rules and regulates of
the Association, the Board of Directors shall review the information pertinent to the
violation and make a decision as to whether a violation has occurred and any assessment
or suspension of privileges which shall be imposed. Notice of said decision shall be sent
in writing to the owner, and the date of the notice shall be the decision date. Any
violation assessment shall accrue as of the date of said notice. In addition, the Board may
prescribe any per-diem violation assessments, which shall accrue for every day more than
5 days after the date of the notice for which the violation continues.
An owner receiving such notice of violation and wishes to contest such shall have the
right to be heard by the Board and to present evidence regarding the violation. The
notice of the violation shall notify the owner of these rights, and the owner may submit a
written request to the Association to appear before the Board to be heard. The
Association within fifteen days of the violation notice date must receive such request.
The owner will be notified of the date and time of the opportunity to be heard. The
owner will be given an opportunity to be heard by the Board. In lieu of personal
appearance, the property owner may appeal in writing.
The opportunity to be heard will be conducted as follows:
The scope of testimony will be limited to the specific violation on the owner's
property.
The owner(s) will be afforded an opportunity to address the Board on the specific
violation on their property.
The Board may ask questions of all participants.
Upon the opportunity to be heard completion:
The Board will prepare a finding of facts and prescribed cure and violation
assessment for violation, if any.
That Association Board shall notify our current management company of the
decision and direct them to notify the owner of the decision.
If the Board finds in favor of the homeowner, any violation assessment or
suspension of privileges previously imposed shall be rescinded.
If the Board upholds the decision previously made, then the violation assessment
originally imposed and any per-diem fines accruing for the continuation of the
violation for 5 or more days past the decision date shall remain due and shall
continue to accrue without further opportunities to be heard, and any suspension
of privileges shall continue until cured unless the Board in its discretion wishes to
limit or impose more lenient violation assessments or suspensions.
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