Information for Realtors – Laurel Ridge Country Club Homeowners Association

The following information is intended to help realtors with four topics that have been problematic:

whether a property is in the HOA,
the covenants, by-laws and other HOA rules that apply to HOA properties,
how dues are paid by the property owners,
the HOA’s policy with regard to short term and long term rentals.

Additional information concerning the HOA can be found in the Welcome to the HOA document that is distributed to new homeowners. [Welcome to the HOA]

Which Properties are in the Homeowners Association

Whether a piece of property is in the HOA (and therefore subject to the covenants and by-laws of the HOA) is almost entirely determined by whether that property passed through the hands of the Laurel Ridge Country Club (LRCC) developer, and whether the developer at that time wanted that property to be in the HOA. It is not determined by location or proximity to other lots that are part of the HOA, nor is it necessarily determined by the county’s inclusion of the property in the LRCC subdivision (although all properties that are in the HOA are classified by the county as being in the LRCC subdivision).

The deeds for properties that are in the HOA should contain language to the effect that the property is subject to restrictive covenants stated in such and such page of the deed book. However, over time and as a result of changes in ownership and redrafting of deeds, that language may have changed or, in a few cases, it may be missing entirely. In some cases, it may be necessary to go back through one or more generations of the deed to find the language that makes a property subject to the covenants. Note that the covenants “follow the land”; changes in ownership do not change the fact that a property is subject to the covenants and part of the HOA.

Properties that are in the HOA are identified by a lot number. Haywood county uses a construct called a “PIN” to identify individual properties for purposes of recording, taxation and ownership. In most cases, one PIN is associated with one lot. However, there are a few cases where multiple lots have been aggregated under one PIN. The file [HOA PIN-Lot Cross-reference] contains a listing of all the Haywood county PINs that are associated with lots that are in the HOA. The file contains the PIN, the lot number(s), the street address (where one is recorded), and the property description.

Additional information concerning each property can be found in the Haywood County Geographic Information System (GIS). The GIS website is: https://maps.haywoodcountync.gov/gisweb/

What HOA-related Covenants, By-Laws and Rules Apply

Each property that is in the HOA is subject to the covenants and the by-laws. The covenants control the use of the lots and establish the role of the HOA. The by-laws determine how the HOA is governed and how it functions to enforce the covenants and take other actions deemed desirable by the homeowners.

The “covenants” are made up of the original “Declaration of Protective Covenants, Conditions, Restrictions, And Easements for Laurel Ridge Country Club” of July 1, 1986, plus 7 amendments made between 1986 and 2000. The covenants have not been amended since 2000. The covenants use the terms “declarant” and “developer”. Generally, these two terms are synonymous. On December 28, 2000, many of the rights and responsibilities of the declarant/developer were transferred to the HOA. When reading the covenants, it is usually safe to replace “declarant” or “developer” with “HOA”.

The “by-laws” are stated in a document titled “By-Laws of Laurel Ridge Country Club Homeowners Association. Inc.”. The by-laws were created at the same time as the covenants and have been amended several times since. In 2017, the by-laws were restated to reflect all amendments, and this restated document now represents the by-laws in their entirety.

The covenants require that any “improvement” to any lot be reviewed and approved by the Environmental Control Committee (the “ECC”), which reports to the board of the HOA. The covenants define “improvement” to include virtually any change of any kind made to a lot (“… all buildings, out-buildings, streets, roads, driveways, parking areas, fences, retaining and other walls, hedges, poles, antennas, and any other structure of any type or kind or any land clearing whatsoever”). The requirements for review and approval of “improvements”, and the process for accomplishing review and approval, are stated in an HOA document titled “Architectural Review and Environmental Control Committee Architectural Review and Approval Guidelines – 2000” (“review and approval guidelines”).

The covenants and the associated amendments, the amended by-laws and the current rules relating to architectural review and approval can be found in the [HOA Documents] section of this website. Note that each lot and homeowner are also subject to laws including Waynesville codes and North Carolina general statutes.

How are Dues Paid by Property Owners

The covenants allow the HOA to assess annual dues of up to $30 per lot. The dues fund both the ongoing operation of the HOA and member-approved projects. The HOA does not own any assets and does not have expenses associated with upkeep of real property. As a result, the ongoing cost of operating the HOA is relatively small. The HOA board can, and sometimes does, forgo collection of the annual dues.

Dues are assessed for each lot owned by each homeowner, regardless of whether multiple lots are aggregated under a single Haywood county PIN. Dues are collected for two-year periods. Currently, all homeowners have paid $30 per lot for 2023 and $30 per lot for 2024 (i.e., all homeowners are current in their payments through the end of calendar year 2024). No decision has been made regarding annual dues assessments for 2025 and future years. The HOA plans to begin invoicing dues (if they are assessed) in the same mailing used to announce the annual meeting – generally in June of each year.

Note: Lots also establish the homeowner voting rights within the HOA. The homeowners vote the lots that they own; one lot equals one vote. If a homeowner owns one lot they have one vote and if they own five lots they have five votes (again, regardless of whether multiple lots are aggregated under a single Haywood county PIN).

Short Term and Long Term Rentals

In October 2020 the HOA membership approved the HOA Rental Policy. That policy can be found in the [HOA Rental Policy] section of this website. The rental policy describes the kinds of short term (less than 30 days) and long term (30 days or more) rentals that are permitted within the HOA and the mechanisms that the HOA will use to enforce the rental policy. The policy became effective October 2, 2020.