Q: Does the Architectural Review Committee (ARC) have the authority to enforce the Restrictive Covenants?
A: No, the ARC is not an enforcement committee, nor can it impose penalties, levy fines or place liens on properties. Enforcement authority is only held by the elected officers on the Yellowtop Property Owners Association (POA) Board. The ARC exists solely to work with our neighbors to make their desired improvements in a manner that complies with the Restrictive Covenants. Our mutual success, therefore, would not require any enforcement action by the POA Board.
Q: Why is the ARC necessary at this time?
A: The major reasons are:
-It is important for us to preserve both the beauty and lasting value of our properties on Yellowtop Mountain. In short, we can do this by maintaining the “Mountain Community” look of our developed properties in accordance with the Restrictive Covenants. By developing and maintaining our private properties to a high standard, combined with the upkeep of our community property, we enhance our standing as a premier mountain community.
-The local housing market and overall economy, extending from the Tryon International Equestrian Center through Forest City and beyond, is growing stronger. We want to ensure that our growth clearly matches or exceeds the opportunities ahead of us.
-In 2017 the original Declarant, Fall Creek Land Company, Inc. transferred their rights to Yellowtop Mountain Property Owners Association, Inc. This now affords us the ability to respond with greater flexibility to our community needs and to modify and clarify our Restrictive Covenants to ensure we all participate equally and positively in the enhanced development of our community.
Q: What should I do if I am currently in the midst of an improvement that is covered by the Restrictive Covenants, yet I do not have written approval from the POA to proceed?
A: Obtain the appropriate application, follow all instructions, submit the completed form and attachments as soon as possible to prevent or minimize delays in the event of conflicts. Contact a member of the ARC if you need assistance. We’ll be glad to help you finish your project in accordance with the Restrictive Covenants.
Q: Why is there an application fee when I already pay POA fees?
A: Although the ARC is comprised of volunteers, there are additional costs associated with the operation of an ARC. This additional time and material expense is primarily borne by our property managers and includes overall administration, record keeping, postage, stationary, research both on the mountain and at the county offices; and formal communication as necessary. Rather than spread the cost of individual property improvements to all property owners in equal amounts, it is the practice of our community to pass the expense directly to the owners receiving the benefit.
Q: How do I confidentially report a possible violation of the Restrictive Covenants?
A: Document the location and provide details of your observation to the Community Association Manager via mail or email. Mail: P.O. Box 7, Bostic, NC 28018 Email: [email protected].
Q: What if there is a disagreement regarding the propriety of a past or present improvement and the property owner and the ARC cannot resolve their different opinions.
A: The POA Board will schedule a hearing and invite the property owner and the ARC to each present their position. The POA Board will examine the facts and render a finding. The homeowner will be advised of those findings in writing within two weeks of the hearing.