Lake Lure Village Resort
Property Owner's Association
290 Village Boulevard
Lake Lure, NC 28746
Rules of the Board of Review Committee
The Board of Review Committee is appointed by the President of Lake
Lure Village Resort POA. It is the responsibility of the Board of
Review Committee to assure compliance with the restrictions specified
in the Warranty Deed (Indenture) and to preserve the rights, interests,
and welfare of all property owners with respect to the
environment. To those ends, the Board of Review acts in the
interest of all property owners to approve or disapprove all plans,
specifications, details, and color schemes for buildings and other
structures, and significant external alterations or additions to
existing buildings and structures.
As construction activity is pursued by property owners, it is obvious
that control must be exercised to insure compliance with the Warranty
Deed (Indenture) and the maintenance of all natural woodland aspect of
Lake Lure Village Resort. The Board of Review considers it
appropriate to specify some of the operating criteria it will use in
exercising control. The Board of Review will publish further
regulations for the use of property owners as the need becomes apparent
and as such approved by the LLVR-POA Board.
I. Definitions:
A. One or more of the following are defined as significant external alterations:
1. Changing trim color.
2. Changing siding color.
3. Changing roof color.
4. Changing the color of more than one door.
5. Any change to outside of existing building costing
more than $1,000.00 (materials and labor, calculated at $10/hour).
6. Any change determined by the Board of Review to be
a “significant external alteration” after a written concern
has been expressed by three POA members.
B. One or more of the following are defined as significant external additions:
1. An addition to an
existing building or buildings
that can be readily seen from outside the property and has a cost of
materials and labor of more than
$1,000.00 (labor
calculated at $10/hour)
2. Any change
determined by the Board of Review to be
a “significant external addition” after a written concern
has been expressed by three or more
POA members.
3. Any out building or
garage
II. Submission of Plans:
A. No Owner within LLVR shall be exempt from
submission to proposed plans for a new construction, significant
external alterations or significant additions to the Board of Review,
or from compliance with the Warranty Deed (Indenture) and the rules of
the Board of Review Committee.
B. All existing buildings are grandfathered in as
of July 1, 1995. After this date, all plans for significant
external alterations, significant external additions, or significant
external changes in color scheme Must be submitted to the Board of
Review for Approval.
C. All plans for proposed new construction,
significant external alterations or significant external additions Must
be submitted to the Board of Review for approval before work begins.
The committee has (60) days from date of receipt by the chairperson to
notify the owners in writing of the committee’s decision. The
owner Must submit a copy of the building plan, Building Request Form, a
letter stating type of exterior materials and a sample of proposed
colors for siding trim and doors. Owner must also send a copy of Lake
Lure land disturbance permit, Rutherford County building permit, and a
copy of the septic permit showing the septic tank layout if applicable.
In the event the Board of Review fails to respond at the end of the
(60) day period, the plans are automatically approved as submitted.
Proposed plans Must be submitted to the Board of Review chairperson by
certified mail/return receipt, or in person, so as to verify date,
unless otherwise accepted by the chairperson.
D. If necessary to change plans (design, colors,
materials) previously approved by the Board of Review, the chairperson
Must be notified in writing (certified mail/return receipt), or in
person, of such a change to gain approval before implementation. The
Board of Review has (14) days from the date of receipt by the
chairperson to notify the owner of the committee’s decision. In
the event the Board of Review fails to respond at the end of (14) days,
the changes are automatically approved as submitted.
E. During the course of construction of permanent
dwelling, any property owner wishing to remain on the property in a
temporary structure for the purpose of construction must request, in
writing, prior approval from the Board of Review Committee. The request
should state the type of structure, where it will be located, and the
type of sanitary facilities to be used. Such requests may be mailed to
the LLVR-POA, 290 Village Blvd., Lake Lure, NC 28746. Under no
circumstances shall a temporary structure remain in place for more than
(12) months.
F. No dwelling shall be erected containing less than
(1000) square feet of heated living space. Open decks, porches,
attached or unattached storage buildings shall not be included in
meeting this requirement.
G. Any lot clearing with
bulldozers, backhoes, trackhoes, skidsteer loaders, etc. will be considered
new home construction . All appropriate forms must be filed and all fees must be
paid before work can proceed. We will allow some minor underbrushing
and dead tree removal if it is determined erosion will not be a
problem. Any water or silt runoff that causes damage to POA property
will be cleaned up by the POA maintenance and the owner will be billed
for the cost of the cleanup.
H. No lot owner wishing to construct a new home will
be allowed to clear cut their lot. Only trees in the footprint of
the house and the
driveway are allowed to be cut without prior approval of the Board of
Review.
I. The Town of Lake Lure requires a permit to be obtained
from them before cutting ANY tree larger than 6" in diameter inside the
City Limits. Please be aware that the LLVR is inside the Town's
City Limits and this permit must be obtained before applying to the
Board of Review for approval.
J. The Town of Lake Lure requires a permit to be
obtained for Erosion and Runoff as a result of any construction inside
the City Limits.
Please be aware that the LLVR is inside the Town's City Limits
and
this permit must be obtained before applying to the Board of Review for
approval.
K. No private wells are allowed on member’s
personal lots. The POA shall be the sole supplier of water in LLVR.
III. Permits:
Owners or their representatives Must obtain a Town of Lake Lure
Building Permit and Rutherfordton County Building Permit. A copy of
required permits Must be submitted to the Board of Review before
construction begins.
A. Owners or their representatives Must obtain
approval of septic system from the Rutherfordton County Health
Department. A copy of required “Approval for Septic System”
Must be submitted to the Board of Review.
B. Owners or their representatives Must obtain a
Permit from the Town of Lake Lure for Erosion and Runoff.
C. Owners or their representatives Must obtain a Permit
from the Town of Lake Lure for Removal of any trees larger than 6" in
diameter.
IV. Security Deposits:
A “Security Deposit” of $5,000.00 will be paid in cash or certified funds to the
LLVR-POA by the Property Owner, not the Contractor, before any land is disturbed.
This is to assure all Rules and Regulations of the Board of Review are
followed. If there are no violations during construction, the entire
$5,000.00 Security Deposit will be refunded when the home is completely
finished. Violations of Rules and Regulations or damage to any POA
property will cause forfeiture of part or all of the deposit. Any
damage to POA property from a construction site, man made or an
act of nature, that requires the POA to spend money to clean up or fix
will be deducted from the security deposit.
Violations Include:
1) Open Burning
2) Littering the Job Site
3) Improper Erosion Control
4) Failure to Remove Construction Materials When Structure is completed
5) Cutting trees without
prior approval from the Town of Lake Lure and notification of this committee
V. Road Impact Fee:
A Road Impact Fee of $1,000.00 must accompany the Board of Review
Building Request Form. This applies to a new dwelling or substantial
external addition. In this case “substantial” will be
defined as equal to or larger than, the existing heated dwelling. This
fee is necessary to help maintain and repair damage caused by heavy use
and construction equipment. Any heated addition to an existing home
totaling more than $1000.00 requires a $250.00 road impact fee paid
before the addition will be approved.
VI. Connecting Fees:
A. People requesting permission to hook-up to the POA
Water System Must pay a connecting fee of $1,000.00 This money must
accompany the Board of Review Building Request Form. No time limit is
assigned to a water tap installation but the water tap will be provided
during the construction of a home.
B. People requesting permission to hook-up to the POA
Sewer System Must pay a connecting fee of $500.00 to LLVR-POA. There
will also be a $100.00 per year users fee paid, to the LLVR-POA,
besides any sewer fee charged by the Town of Lake Lure. The LLVR-POA
Board of Directors will review and establish the user’s fee
yearly. This fee will help the POA manage the sewer system however, in
the event of a major problem or catastrophe with the sewer system; the
sewer users will be subject to a special assessment to pay for the
repair costs.
VII. Harmony With Surroundings:
A. Colors used on structures Must blend in with the
surrounding landscape. While individual tastes differ, it is in the
best interest of all to preserve the woodland appearance of the entire
area. The use of vivid colors and “high-tech” styles are
not desirable in Lake Lure Village Resort.
B. A sample of each exterior color (roof, foundation,
siding, and trim) to be used in new constructions, alterations or
additions Must be submitted to the Board of Review for approval.
C. Concrete block foundations or concrete block
retaining walls that are higher than the dirt line Must be finished to
blend with surroundings. Exposed concrete block foundation must be
painted to match the house or covered by some other means.
D. For exterior walls, the Board of Review will
approve part stone, part earth-tone brick, wood shingles, board siding,
vinyl siding, exterior plywood with battens of other synthetic board.
In any case, the structure Must be of color and texture approved by the
Board of Review.
E. The Board of Review will not approve exterior walls of corrugated metal, shiny metal or glazed finish.
F. The Board of Review will not approve exposed roll
roofing. Exposed roll roofing is forbidden under any circumstances.
G. House trailers, motor homes, boat trailers or any
other kind of trailers will be parked in areas designated by the Board
of Review.
H. Mobile Homes are permitted only in accordance with strict LLVR Modular Guidelines. Any modular home
approved before 11-5-05 will be allowed.
Please contact the Chairperson of the Board of Review for a copy of the Modular Guidelines.
I. Any homeowner
wishing to place a streetlight on their property must get written
permission from any other owners that border their property before
applying to the Board of Review for approval.
VII. Construction Sanitation:
A. The owner of prime contractor shall be responsible
for keeping the job site clean. Littering of the job site and adjacent
properties with the builder’s trash, empty bottles and cans,
paper wrappers, etc. will not be tolerated.
B. No open burning is allowed on private property at
any time. Site debris or left over construction materials must be
removed off private and POA property by the owner/contractor. All trees
and debris from lot clearing must be hauled out of LLVR. NO
BURNING.
VIII. Erosion Control:
A. All work is to be done in such a manner as to not
create excessive water runoff as to harm surrounding properties or
create erosion.
B. Use of silt fence barriers on all perimeters of
disturbed soil (excavations for foundations, ditches, culverts, etc.)
as well as covering disturbed soil (with straw, mulch, mesh, rip rap,
etc.) is necessary immediately after soil is disturbed. Also,
replanting of disturbed area with grass, ground cover, etc. needs to be
done in a timely manner. The silt fence rule is a Lake Lure Town rule
and is strictly enforced.
C. Under no circumstances is any contractor allowed
to dump extra concrete or clean out concrete trucks on POA property.
The clean up will be deducted from the owners security deposit.
IX. Time For Completion:
The exterior of any home Must be completely finished within (1) year of
the date of the construction permit unless there are extenuating
circumstances that are acceptable to the committee for the purpose of
granting a time extension. Such extension is to be for a specific
duration (60 days, 90 days, etc.) Fines of Fifty dollars ($50.00) per day could be
imposed and will de deducted from the security deposit.
X. Occupancy:
New homes may be occupied only after the dwelling has been inspected and received an Occupancy Permit from Rutherford County.
XI. Violation:
Failure to comply with the Warranty Deed (Indenture) or failure to
comply with any of the rules or regulations of this Board of Review
Policy, will constitute a violation. This violation will be called to
the attention of the prime contractor and or owner. If warning is
ignored and violation continues the Board of Review has the authority
to assess fines not to exceed One Hundred Fifty dollars ($150.00) per day, which will be deducted
from the security deposit.
XII. Water Run-Off:
Before any new home constructions can be approved, the Road Committee
will determine if up to a 24” culvert is needed underneath a new
home’s driveway. If the pipe is found to be necessary, the owner
must pay for the pipe and installation. Culvert must be installed
during the grading. A fine of 100.00 per day will be imposed if the
culvert is not installed in a timely
manor.
XIII. Arbitration:
Should a matter not be resolved between a member and the committee, a
majority of the executive officers, after hearing from all parties,
will make a determination that will be binding on all parties.
Items needed to submit request form
1) Building request form
2) Payment for all fees must accompany the request form
Fees: $5,000.00 security
deposit
$1,000.00
water hook up fee
$1,000.00 road impact fee
$500.00 sewer hookup fee
if applicable
Note: It is the responsibility of the owner to make arrangements to get
their contractors on the property. Contractors may rent gate openers
for $100.00 and will be refunded $75.00 when they are turned in.
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Lake Lure Village Resort Board of Review Building Request Form
New Home, External Alteration, or External Addition? __________________________________
If New Home- Modular/Sectional or Stick Built______________________________________
Owner Information: Name__________________________________ Lot#_______________
Mailing Address_________________________________________________________________
Telephone #___________________________ Cell#____________________________________
Contractor Information : Name___________________________________________________
Telephone #______________________________ Cell #_______________________________
North Carolina Builder’s License Number____________________________________________
Description of Work___________________________________________________________
Committee Use
Section:
Fees: amount and date received
Water_________________________________Road Impact____________________________
Sewer________________________________Security Deposit_________________________
Signature
Applicant_____________________________________ Date__________________________
Contractor_____________________________________ Date__________________________
The owner of this building and/or contractor involved in the
construction agree to conform to all applicable rules and regulations
of the lake Lure Village Resort POA in the Warranty Deed(Indenture),
the rules or the Board of Review Committee, and the rules of the Town
of Lake Lure.
Building
Request
Approved
Not Approved
Chairperson________________________________________ Date______________________
Reason(s) Not Approved:________________________________________________________