12A homeowner association is a common-interest community consisting of landowners living in a residential neighborhood that has restrictive covenants placed on the property.   Homeowner associations are unique in that they usually have property, known as “Common Area,” which is entitled to be used by the members of the association

 Black Rock is a “Planned Community” under North Carolina General Statues § 47F-1-103 which defines a planned community as “real estate with respect to which any person, by virtue of that person’s ownership of a lot, is expressly obligated by a declaration to pay real property taxes, insurance premiums, or other expenses to maintain, improve, or benefit other lots or other real estate described in the declaration.

In essence, a Planned Community is an association in which the common area, the property to be equally enjoyed by the members of the association, is owned by the association, rather than the members/owners.

The primary purpose of a homeowner association is to maintain and enhance property values through enforcing the covenants and maintenance of the common areas.

A homeowner association is typically a non-profit corporation that is created by a developer when a community is in the planning stages.  Membership in the homeowner association is mandatory, and you automatically become a member upon purchasing your home.   The association is governed by a board of directors which initially is the developer and his/her representatives.  Control remained with the Developer through 2010.  In 2011, control of the association transitioned from the Developer to a new board of directors which were elected by the residents.

Each homeowner association has its own governing documents in the form of restrictive covenants, Bylaws, architectural guidelines, rules and regulations.  The restrictive covenants prepared by the developer are filed on the deed records and are legally binding.  The restrictive covenants are intended to define the standards of the community for the purpose of protecting property values.

Black Rock benefits from shared amenities such as a water access area, roads, bicycle path and over 11 acres of green space.  The costs of operating and maintaining the community amenities as well as other expenses are paid by the members in the form of assessments.  The assessments are mandatory and failure to pay them typically leads to fines, restriction of services, property liens, and can ultimately include foreclosure.

The Association published a Reserve Study in 2013 which established a structured process for setting aside funds for large capital improvements such as repaving of streets and common area structures.

As mentioned previously, the association is governed by a board of directors which are elected annually.  The board has a fiduciary responsibility to act in the best interests of the community.  This includes attending board meetings, keeping records, making or amending rules, collecting assessments, paying bills, providing financial reports, holding an annual member meeting, and generally operating the association as a business.   As a self-managed community, the board also performs the duties on managing the day-to-day duties of running the community.

To assist the board in their duties there are a number of supporting committees.

  •  Architectural Control Committee
  • Landscape Committee
  • Elections Committee

The Board meets as required, typically four to five times during the course of the year.  At each session there is an opportunity for property owners to address the board on matters of interest.

The annual members meeting is held on the first Saturday in December.