Frequently Asked Questions
HOW MANY ACRES ARE THERE WITHIN THE PROPERTY BOUNDARY?
The total acreage of the developement encompasses approximately 880 acres and is bordered by the Pisgah and Cherokee National Forests. Plans call for approximately 285 single family home sites from one to four acres and approximately 160 low density condominiums upon final build out.
IS THERE A PROPERTY OWNERS ASSOCIATION?
A Property Owners Association (POA) has been established. The POA will eventually be resposible for the maintenance of all common areas including the interior roads and all amenities. During the developement phase of the Property, the POA will be operated by the developer and the developer will subsidize the operating budget for the POA to ensure roads and other items are properly maintained until such time as the POA is self supportive. Dues will be adjusted accordingly as the proposed amenities are constructed. Condominiums or town homes built within the property will be subject to a second "neighborhood" POA for their specific building(s).
IS THERE A DEVELOPER CONTRIBUTION TO THE POA?
Yes. Upon the sale and closing of each home site within the property, the developer will deposit $500 into an account for the benefit of the POA so that once the POA becomes self supportive, it will have available to it a cash account to be used for capital expenditures as the POA deems necessary.
CAN I CHOOSE MY OWN BUILDER?
Yes. However the developer and Architecural Review Board reserves the right to check credit references adn the qualifications of any home builder/general contractor planning to do work within the property. This is to ensure the builder is competent and financially able to complete the construction in a timely manner.
WHO WILL OWN THE PLANNED AMENITIES?
One the POA reaches a membership level yet to be determined, the amenities will be deeded to the POA free of all leins and encumbrances. Until that time, the developer will own the amenities and the POA will lease the amenities at a nominal fee.
ARE MOTORCYCLES ALLOWED ON THE PROPERTY?
Noise is a significant issue. Most individuals come to the mountains to get away from noise, while at the same time, others enjoy cruising the mountain roads on motorcycles. Motorcycles that are no louder than the typical family sedan should pose no concern. However, operation of load motorcycles are to be restricted to travel from the property entrance to one's residence and back. They are not to be used to "cruise" the property roads. The developer and the POA shall retain the right to enforce a noise ordinance within the property similar to that established by local mountain towns with respect to loud vehicles including cars, trucks and motorcycles. "Four wheeler" ATV's and off road dirt bikes are specifically prohibited on the property.
ARE PETS ALLOWED?
Domesticated pets such as dogs, cats, birds, etc. are allowed. No breeding or raising of such animals or livestock is allowed within the property.
IS THERE A RESTRICTION ON THE RESALE OF PROPERTY?
Any property owner shall have the right to resell his property at any time at any price of his choosing. No "for sale" signs are allowed on any home site or structure built on the property, however, any real estate agency or agent shall be allowed to list and sell real estate within the property and any such agent(s) shall be granted permission to enter the property for showing at thier leisure.
IS THERE A REQUIREMENT IN WHICH HOUSE CONSTRUCTION MUST START?
No. There is no requirement that construction start at a particular time after closing.
CAN HOUSES BE RENTED OUT?
Yes, however, it is the intent of the developer that The Headwaters remain a largely "owner occupied" community because a large rental pool tends to decrease the property value and increases wear and tear on common amenities. The covenants require a seven night consecutive rental minimun on rentals to anyone other than friends or family, however, this will largely be a self-policing policy by individual home owners themselves. The goal here is to allow owners the right to enjoy rental income, if desired, on their investment, yet discourage wide ranging rentals that bring in a very transient population that may not take as good of care of the mountain as one who owns thier real estate.
WHAT IS THE MINIMUM SIZE OF HOME?
The majority of home sites require that multi-story homes have a minimum of 2,100 heated square feet. However, there are certain neighborhoods within the developement that will feature "mountain cottage" homes built by the developer for sale having 1,200 square feet to 1,600 square feet. These cottage homes will be part of the master home owners associate as well as their own seperate association.