The following document has been prepared to acquaint you with the procedures that enable your Board of Directors to provide a healthy and friendly environment for all members of the Lake Lure Village Resort - Property Owners Association.

Please read this material closely and follow its guidelines.  If you have any questions about the enclosed, feel free to contact a member of your Board of Directors for clarification.

The document is divided into three sections.  The first section, INFORMATION, informs you of procedures used to maintain the beauty and charm of our area.  The second section, RULES AND REGULATIONS, describes activities and procedures that we require all members to follow; failure to do so will subject the individual(s) to monetary or other penalties.  The third section, ADMINISTRATION, ENFORCEMENT AND APPEALS, describes the procedure by which individuals that have violated one or more of the Rules and Regulations will be penalized and the appeals procedures available to them should they wish to challenge the penalty.

POA members who allow non-members the use of their residence should provide their guests with a copy of this document to ensure that they will not be in violation of any of its provisions while on the LLVR Property.  Additional printed copies will be provided at a cost of $5.00 per copy or  via email, a WordPerfect document can be sent to compatible computers at no charge by contacting the Association’s Secretary.

Currently the Officers of the LLVR - POA are:

    President:        W.H. Robinson, Jr.        (407) 894-8727
    Vice-President:    Keith Funderburk        (864) 680-4144
    Secretary:        Barbara Sweeney        (828) 625-0390
    Treasurer:        Jim Notaro            (828) 625-1559











SECTION I: INFORMATION


A: ENTERING AND LEAVING  LLVR POA PROPERTY:

NOTE: At the present time, LLVR  does NOT  have security personnel living in the security house and the regular procedures for entering and leaving the property (as stated below) are not currently in effect.  Residents and property owners, therefore, will be personally responsible for providing access to visitors and service personnel.  New property owners may purchase gate openers from the Property Manager, or his designee, and can receive information as to the use of the telephone and keypad at the gate from any member of the Board of Directors as well.  Whenever new security personnel are located in the Gate House, the following information will be in effect.

    1.    All residents and guests must check in with the security personnel at the gate when first arriving, and on final departure of each stay.  Only the following persons or groups will be admitted:

        a)     Owners
        b)    Guests, including those who are staying overnight at a residence
        c)     Guests, accompanied by owner(s)
        d)    Guests and renters with prior permission by owner
        e)    Service and repair personnel with prior permission by owner

        Owners must provide security personnel with the names and dates of arrival and departure for all guests or renters using their facilities prior to the arrival of the guests/renters.  Guests/renters will not be admitted to the property without such notice.

        Exceptions to the above regulations may only be granted by a member of the Security Committee, Property Manager, Board of Directors or a designee of any of the said parties.

    2.    Arriving guests or renters without transmitters or without someone to admit them through our phone/entry system can be admitted by our Security Personnel between 7:00 a.m. and 5:00 p.m. providing Security Personnel has received notice prior to their arrival.  The Security Personnel are not required to be available after 5:00 p.m. but often are and will admit authorized parties up to 10:00 p.m.

    3.    Guests/renters expecting to stay on the property for more than two nights will be required to rent a remote gate opener from the Security Office.  Please see #4 for rental procedure.

    4.    Remote gate openers for the electronic gate are available for purchase by POA members only at the Security Office.  The cost for purchase is $20.00 each.  
      
    5.    Gate openers are also available for rental by POA members or authorized renters/guests.  A $25.00 payment is required at the time of rental.  Upon return of the opener in good working condition, a refund of $20.00 will be made.  In the event the opener is not returned in 30 days the total payment is forfeited.  If a renter/guest does not return the opener with 90 days, they will not be allowed access to POA property without paying a $50.00 penalty.
    
    6.    Rental of openers to service and construction personnel requires prior written approval by the Grounds and Building Maintenance Manager or his designee or a member of the Board of Directors or their designee, and requires a deposit of $100.00 per opener.  If the opener is returned to the LLVR in good working condition, $75.00 will be refunded.

    7.     The electric gate will open automatically for persons exiting the property. If the electric gate does not open, it must not be forced open manually.  Instead, contact the Property Manager of any board member for assistance.

    8.    The electronic gate will be “locked” in the open position whenever inoperable.

    9.    If a single group of ten or more guests is expected at one time, please so inform the Chairman of the Security Committee.


B.  USE OF POA PROPERTY, FACILITIES AND EQUIPMENT:

    1.    Renters and guests of property owners should check with the owners’ procedures for opening and closing the cabins, specifically regarding electricity, water, gas heaters, wood stoves/fireplaces and refrigerators.

    2.    Residents, renters and guests are required to keep all POA areas clean and neat.

    3.    Please abide by the posted speed limits  while on the property.

    4.    All general trash/garbage must be placed in plastic bags and secured with twists.  These bags must be placed in the garbage cans located in the trash building.

    5.    Only trash and garbage collected from within a dwelling are to be removed to the trash building.  Leaves and other natural debris removed from the owner’s property can be deposited in the central POA dump area for disposal by maintenance. Please contact Mike Beauregard or Barbara Sweeney for more information.

    6.    All recyclables and hard trash, such as appliances, furniture and metal parts should be placed in the hard trash area located behind the Town of Lake Lure’s maintenance building located behind the Arcade Building downtown.

    7.    No firearms may be discharged on the property.  No hunting, including the use of bow and arrows, is permitted on the property.

    8.    No tampons, Kotex pads, disposable diapers or paper toweling are to be deposited in any toilets.  In the event of a clog in the sewer lines, the responsible party will be required to pay for the cost of the plumber service.

    9.    The gymnasium is available between 10:00 a.m. and 9:00 p.m.  Please keep the gym clean and free of trash, and monitor the behavior of your children while using this facility; excessive noise is offensive to the nearby owners.  

    10.    Washers and dryers are available at the west end of the cafeteria building (boat storage building ).  These devices are coin-operated and are not operable between November 1st and April 1st.   

    11.    The beach area is available for use at all times.  However, the POA has NO lifeguard or first aid facilities. Consequently, swimming, diving and boating activities are at your own risk.     

    12.    Children 12 and under in age, using either the gym or beach facilities, must be under responsible supervision at all times.

    13.    A live animal trap, appropriate for trapping possums, raccoons, and (God forbid!) Skunks is available from the LLVR Property Manager or his designee or a member of the Board of Directors or their designee for one dollar per day.  Canned cat food (the smellier the better) seems to be the best bait, and the animals should be released at the top of Jim Proctor Road (behind the Lake Lure Inn) where the pavement ends.

    14.    The territory  within the corporate limits of the Town of Lake Lure is declared a bird sanctuary.  It shall be unlawful for any person to kill, trap, or otherwise take any bird within the corporate limits except hawks, crows, starlings, pigeons and domesticated fowl.


C. CONSTRUCTION OR RENOVATION OF STRUCTURES:

    Any person planning the construction and renovation of any structure on his/her property must first contact the Board of Review and follow the guidelines that will be provided to them.  Failure to observe this procedure will subject the member to the same procedures as are outlined in Section III of this document.


D. USE OF POA DOCKS:

    1.   ONLY Boats belonging to residents may be launched at the POA ramp at the beach area. Non-member boats are NOT allowed on the launching ramp or docks at anytime as outlined in the LLVR Liability Insurance Policy.
         Boats are required to operate at “no wake” speeds when in the cove.  
          Swimming beyond the "no wake" zone is in violation of Town of Lake Lure ordinances and is subject to fine. 
         PLEASE WATCH OUT FOR SWIMMERS!    

    2.     NOTE:    Boats belonging to Guests and Renters are NOT permitted to use the POA Docks at any time.  This is a violation of the terms of  the POA's Insurance and violators will be reported to local authorities.  Any or all damages done by guests or renters violating this rule will the responsibility of the Property Owner allowing it. 

    3.    A Lake Lure ordinance requires that all boats have a valid State License and Lake Lure Boat Permit before being launched.  Town of Lake Lure permits can be purchased at the Lake Lure Town Hall or the Town Marina.  Boat owners must show a valid state license and proof of Combined Single Limit Liability Insurance of at least $300,000 to purchase a Lake Lure Boat Permit.
    
    4.    The use of the docks is coordinated through the Boat and Beach Committee, who will assign a specific dock slip for the individual’s exclusive use.
    
    5.    Persons who are not in residence for fourteen or more consecutive days must remove their boat from the dock during the period they are not in residence.  This requirement may be waived by the Chairman of the Boat and Beach Committee or his designee during periods of low usage for the docks.

    6.    Pontoon boats must be stored, on a trailer, in the area behind the barn.  All other boats can be stored in the Boat Storage Room, as space allows.

    7.    When conflicts arise and the owner cannot be reached within a reasonable time, the Chairman of the Boat and Beach Committee or his designee may move boats from the docks to another location.  Such moves will be made at the owner’s risk.


E. USE OF CAFETERIA STORAGE AREA:

    1.    The priority for the use of the Cafeteria Storage area is as follows.  No POA member can request or make use of a lower priority unless and until all requests for use of a higher priority have been filled:

        a)    Owners with a permanent residence - one item. *
        b)    Owners of a lot - one item.
        c)    A guest of owners with a permanent residence while owner is in residence - one item between guest and owner.
        d)    Any POA member - a second item.

        *    One item is a boat, trailer, boat on trailer, other gasoline driven appliance or similar sized item.


    2.    Any loss or damage to any stored items is at the owner’s risk.  The POA does not maintain a security watch over such items and is not responsible for damage done while such items are being moved or stored.

    3.    When conflicts arise and the owner cannot be reached within a reasonable time, the LLVR Property Manager or his designee or a member of the Board of Directors or their designee may move any items from the cafeteria storage area to a site adjacent to the barn. Such moves will be made at the owner’s risk.

F.    EMERGENCY TELEPHONE NUMBERS:

    Doctor Burch, Lake Lure ...............................................    (828) 625-9121
    Dr. Sloss, Bat Cave ........................................................    (828) 625-2322
    Fire Departments ...........................................................    911
    Police Departments ........................................................    911
    Emergency Medical Services .........................................    911
    County Animal Control Officer.......................................      (828) 287-6025



SECTION II: RULES AND REGULATIONS

In the spring of 2004, the POA membership, by mailed ballot, approved adoption of the North Carolina Planned Community Act; at the Annual Meeting in July, this approval was incorporated into our By-Laws, to take effect immediately.

This Act provides the POA with the legal resources to assess fines and attach liens against individuals who are either in arrears of their payments to the POA or who violate one or more of the Rules and Regulations.  The procedure requires the President to notify the individual(s) of their violation, constitute a Board of Enforcement to determine the applicable penalty, and provide them with the opportunity to appear before an Appeals Board to refute the violation and/or the penalty.

Members who are judged guilty in their failure to pay assessments will be denied use of POA facilities until all monies owed to the POA have been paid.

A. USE OF ROADS

    1.    The speed limit throughout the LLVR is 8 miles per hour.

    2.    No person without a valid state driver’s license will be allowed to drive any motorized vehicle on POA grounds.

    3.    ATV’s, mopeds, dirt bikes, gasoline driven golf carts, snowmobiles and off-road vehicles cannot be driven on LLVR property.  Only standard electric vehicles can be used by a licensed driver. They must be driven in a safe, responsible manner, observing all posted speed limits.

    4.    Street legal motorcycles will be allowed.

    5.    Inoperative Vehicles: Vehicles that are (a) inoperative for 7 or more days, or (b) fail to display a current license plate cannot be parked in a location where they can be seen from any roadway or residence.


B. CONTROL OF ANIMALS:

    1.    Pet Owners are responsible for the management and control of their pets.  
        ALL DOGS MUST BE ON A LEASH WHENEVER OFF FROM OWNER’S PROPERTY.

    2.    An owner may take a dog to the pasture area and release him/her for exercising or related purposes as long as the owner stays with the dog.  The dog must be leashed going to and from the pasture.

    3.    Any animal which constitutes a physical threat to humans or other animals, or an animal which habitually turns over garbage receptacles, habitually destroys shrubs, flowers, grass or other plant growth, habitually kills other animals, habitually attacks or attempts to attacks persons, disrupts neighbor’s sleep by barking or howling, or habitually performs similar acts will be defined as having dangerous or destructive propensities.  POA members who are victimized by such animals will report it to the LLVR Property Manager or his designee or a member of the Board of Directors or their designee.  The procedures specified in the next Section - Administration, Enforcement, Appeals - would then take effect.

    4.    Washing dogs at the beach is forbidden.

    5.    No dogs are allowed in the gymnasium building.


C. CONSTRUCTION MATERIALS/CAMPING:

    1.    Placement or storage of construction materials, boats, trailers, RV’s, unused vehicles, or any other unattached items are subject to the approval of the Board of Review Committee, whether they are on the member’s or on common property of the POA.  Unless a dwelling is under construction, no materials or equipment are to be left in an area  where they can be seen from the road or by any of the neighbors.

    2.    The removal of scrap or left-over construction materials resulting from new structures is the sole responsibility of the owner.  Hazardous materials must be disposed of properly in compliance with all local and Federal regulations.  If there is any question as to what is or is not hazardous, or how to dispose of it, contact the LLVR Property Manager or his designee or a member of the Board of Directors or their designee.

    3.    Any person wishing to dispose of combustible materials should contact the LLVR Property Manager or his designee or a member of the Board of Directors or their designee. who will advise how to dispose of subject materials. 

    4.    During the course of construction of a 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.  Under no circumstances shall such a temporary structure remain in place for more than 12 months.

    5.    Property owners may overnight on the property in self-contained RV’s for the purpose of attending the Annual Meeting, and for other short periods of time with the advance approval of the Board of Review Committee.  Under no circumstances shall any owner stay overnight, or make use of said RV on the property for more than 15 days in any calendar year.  If the owner uses POA electricity for power to the RV, he will be charged at the rate of $10.00 per day.

    6.    No living trees with a diameter greater than six (6) inches are to be cut down without the prior approval of the Board of Review.  Trees that fall within the “footprint” of the proposed building are exempt from this restriction. 

    7.    No persons will interfere with the normal function of the gate, either by removal of same or tampering with its electronics.

    8.    No persons will store any materials or equipment on or in POA property/building without first obtaining prior approval from the Grounds and Building Maintenance Manager or a member of the Board of Directors or their designee.  No combustible materials will be stored under any conditions.

    9.    No persons can camp overnight on any POA common property.  Overnight camping or use of an RV on privately owned property requires approval of the owner and will be limited to two (2) consecutive nights.

    10.    No campfires are allowed at any time.

    11.    Owners are responsible for the actions of their guests and/or renters and are liable for any damage they may do to POA property, facilities and equipment.



SECTION III: ADMINISTRATION, ENFORCEMENT, APPEALS


In accordance with the guidelines provided by the North Carolina Planned Community Act, the LLVR Board of Directors have adopted the following procedures to be taken following a violation of one or more of the Rules and Regulations.

    1.     POA members will provide the Board of Enforcement of the LLVR-POA, in writing, notification of the violation of any Rule or Regulation.

    2.    The President will appoint a Board of Enforcement, comprised of one (1) member of the Board of Directors (who will serve as a chair) and two (2) members of the POA who will meet monthly to review each complaint, determine appropriate penalty(s), and notify the person(s) accused of the violation of said penalty.  Such notifications will be in writing and will include the time frame, as determined by the Enforcement Board for the individual(s) to complete the provisions of the penalty.  In general, such time frame will not exceed thirty (30) days.

    3.    Monetary fines will be determined by the Board of Enforcement for each particular violation, but will never exceed fifty dollars ($50.00) per day.

    4.     Should the person who has had a penalty adjudged against him/her fell that such penalty is unjust, such person can appeal, in writing, to the President for a review hearing.  The President will call for a meeting of at least three (3) members of the Board, including the President or his designee, at which time the Appeals Board will determine the appropriateness of the penalty and adjust same, if is their decision, accordingly.  During the period between the decision of the Board of Enforcement and the meeting of the Appeals Board, the member will be required to adhere to the limitations of activities as specified in the following paragraph.

    5.    During the time that a member of the POA is in arrears in the payment of any assessments or fines, or has failed to rectify any valid complaint as determined by the Board of Enforcement, such member and all family members of same, will be denied use of any facilities or properties of the POA; roads between the gate and the member’s property being the only exception to this ruling.

    6.    Members in arrears in the payment of any assessment or fine will be charged a penalty of one percent (1.0) per month of the amount outstanding.  If, after six (6) months an assessment is still in arrears, the Board of Directors may instruct the Association’s attorney to initiate a lien against the member’s property, such lien to be filed with the Rutherford County clerk.  The owner of said property will be obligated to pay for all attorney and court costs, in addition to the assessment per se, in order to have said lien removed.
               
    7.    If the violation involves an animal owned by a POA member, the President may waive the above procedures and, instead, notify the County’s Animal Control Officer to capture the animal and remove same to the County Pound.  However, if said violation involves the destruction of any property or materials, the animal will be moved to the Pound.  The enforcement procedures described above will be in effect and the owner will be responsible for replacement or repair of any destroyed materials or property.