[Updated 7-31-24]
NEIGHBORHOOD UPDATE ON OUR CCRS
It has been a while since your last update on the status of our CCRs, which we discussed at our 2/6/24 meeting. Much more has been happening behind the scenes.
First, we are not alone. We have been in contact with several other neighborhoods that have the same problem. These are mostly the older neighborhoods such as Barkley Downs, Myers Park, Landsdowne, etc. Also, we have learned that when the NC Legislature addressed this issue last spring and acted to protect “Planned Communities” but not us, that was not an oversight. The issue was discussed in committee and the decision to protect us lost on a 6 – 5 vote. It should be noted that the only people lobbying the legislature about this issue at that time were the Developer/Builder representatives. Recently, House Bill 642 has been introduced to protect the CCRs of neighborhoods such as ours, and it will be considered by the Legislature in April. We have no information on its prospects for passage.
The HOA Board has decided that we should not wait until April to see if maybe, possibly, HB-642 might pass, and we need to act now. We have met with attorneys, and we are in the process of drafting specific language for our “New Providence Plantation CCRs”. These will be very simple and address only four issues.
- These new CCRs will supplement but not replace any other existing CCRs.
- Each lot is to be used only as one single-family residence.
- No lot may be subdivided.
- The CCRs are enforceable by any impacted neighbor.
We will soon be reaching out to volunteers to help sign everybody up. We expect to be able to set up a simple process where homeowners can just stop by a central point, and in just a few minutes, sign a document, and then get on with your day. There will be no cost to the homeowners. We have a particular need for any public notary that may live in the neighborhood to volunteer a few hours of your time for these events..
All costs associated with this issue, including substantial legal fees, and filing fees yet to come, are going to be paid by the HOA. This year, more than ever please pay your dues.
Bob Hayes, President
Providence Plantation HOA
Summer is here and we are ready to kickoff signing events! These events are being organized to facilitate the signing of a new CC&R aimed at prohibiting subdivision and restricting building to single-family residences, should our current regulations prove unenforceable.
As most of you know, back in December there was a ruling that left many neighborhoods in Charlotte vulnerable for their CC&R restrictions to no longer be enforceable. The concern surrounding this, is that developers/builders are buying homes with the intention to subdivide the lots.(Meck. Court Case Info) This is happening all over Charlotte and many HOAs, whom we’ve connected with have been scrambling to meet with attorneys to develop new sets of CC&Rs to protect their neighborhoods. (Recent Article)
Our attorney has created a simple set of CC&Rs based off the original set, to address the neighborhood’s main concern, subdividing and single family homes. Attached you’ll find a copy of the new restriction that will help protect your lot. Please take the time to read it over and decide if you would like to help maintain the unique character of our neighborhood.
We’ve scheduled several signing times over the next few weeks.
All homeowners will need to be present to sign. You will need photo id and a check in the amount of $26.00 made payable to Providence Plantation HOA for recording fees. Please be sure to leave signature portion blank.
If you would like to fill out the lot description on your own, deed information can be obtained here: register of deeds
The attorney language is pre-typed so that you will only fill in the blanks on the form (example below)
Lot Description should read as follows: Being all of Lot X, Block X, of PROVIDENCE PLANTATION, as shown on map recorded in Map Book X, at Page X in the Mecklenburg County Public Registry, being the same property conveyed to OWNERS NAMES by the deed recorded at Book X, Page X of the Mecklenburg County Public Registry.
In the event you’d like to have the CC&R notarized at your convenience, please follow the steps below:
1. Fill in your information as it is on your deed but leave signature(s) blank (needs to be notarized)
2.Deed informationcan be obtained here: register of deeds for the lot description
The attorney language is pre-typed so that you will only fill in the blanks on the form (example below)
Lot Description should read as follows: Being all of Lot X, Block X, of PROVIDENCE PLANTATION, as shown on map recorded in Map Book X, at Page X in the Mecklenburg County Public Registry, being the same property conveyed to OWNERS NAMES by the deed recorded at Book X, Page X of the Mecklenburg County Public Registry.
3. You can usually get the bank to notarize a document for free (the UPS store charges $10) The President and Secretary can have their portion notarized at a different time.
4. Return signed CC&R document with a check for $26.00 made (payable to Providence Plantation HOA) to the PPRSC mailbox.
5. You will be mailed a copy directly from the register of deeds for your records once recorded
If you have any questions, feel free to consult your attorney.