Member Violation Notification Process
Members will be notified via letter and/or email (if we have your email on file). The BOD reserves the right to elevate the steps in member notice(s) for repeat offense of same/similar violation(s).
1st Notice -
Member is notified of violation via letter and/or email “first notice”. This notice will identify the violation with reference to the governing documents and corrective action needed.
2nd Notice -
Member is provided notification of violation via letter and/or email “second notice” repeating the violation with reference to governing documents and corrective action needed.
3rd Notice -
Notice of Hearing to appear before the BOD. The notice shall:
Identify the governing documents provision that has been violated,Describe the nature of the violation,Identify the date, time, and place of the meeting,Describe the corrective action to be taken by the member and the time within it must be done (if applicable),Describe intended or possible sanction(s) and,Give the Member the opportunity to attend the meeting and address the BOD regarding the alleged violation.
HEARING – The hearing shall be conducted by the BOD. The Member is entitled to attend the hearing and address the BOD. The charges shall be read against the Member. The Member is allowed to present evidence and testimony on his or her behalf and shall have the right to question the witnesses against him or her and examine all evidence presented. The BOD is entitled to question all witnesses. The BOD shall have the exclusive power and authority to impose actions including but not limited to: fines, additional and/or alternative remedies following the hearing, and suspend privileges until corrective action is implemented and all applicable fines are paid up to and including lien against Member lot.
Violations Reference Tables
Violation Language within the CCR's and Bylaws
Riverwalk Declaration of Restrictive Covenants
General Use Restrictions
Except as otherwise provided in these Restrictions, the lots shall be used for residential purposes only, and no structure shall be erected, placed, altered or permitted to remain on any lot other than one detached, single-family dwelling and related structures incidental to the residential use of the lot, such as garages and boat houses which otherwise comply with these Restrictions, except that Declarant reserves the exclusive right to construct a roadway over any lot owned by it in order to grant access to other property acquired by a Declarant and in such cases the remainder of any such lot not used for the roadway shall still be subject to these Restrictions.
7. No building, fence, wall, pool, outbuilding, driveway or any other accessory feature to the dwelling or any other structure upon any lot shall be commenced, erected, placed, maintained or altered on any lot or combination of contiguous lots until the Complete Construction Plans (hereinafter "Plans" are approved in writing by the Committee or its designated agents. The Committee's refusal or approval of plans may be based upon purely aesthetic considerations, which in its sole discretion the Committee shall deem sufficient, but approval shall not unreasonably be withheld. One copy of all plans and related data shall be furnished to the Committee for its records. If no action is taken by the Committee within thirty (30) days after plans are submitted to it, the owner may proceed to build without approval.
10. No trailer, truck, van, mobile home, motor home, tent, camper, barn, basement, garage, or other outbuilding or temporary structure parked or erected on lots in this Subdivision shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence; provided, however that this prohibition shall not apply to shelters used by the contractors during construction of the main dwelling house, it being clearly understood that these temporary shelters will not be permitted to remain on any lot after completion of construction. The Committee shall have the right to approve or disapprove these temporary construction shelters or vehicles. The Committee, upon approval of a temporary construction shelter or vehicle, will issue a letter stating the length of time such shelter will be allowed to remain upon such lot and where such shelter is to be located upon such lot. Modular homes are permissible, if approved by the Declarant or the Committee.
14. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. No animals or poultry of any kind may be kept or maintained on any of said lots except a reasonable number of dogs and cats and other indoor household pets. Each owner must see to it that all of the owner's dogs are kept on the owner's property unless leashed. No dogs shall be permitted to roam the property and the Association may have strays and dogs that are not leashed and are found off their owner's lot picked up by governmental authorities. The throwing or dumping of trash, garbage, and waste materials shall not be permitted. The interference of any stream or future waterways so as to cause pollution or stagnation in these waterways is prohibited. There shall be no excavation which does not pertain to the building or construction of a home. Bottled gas containers and oil tanks shall be screened from public view. There shall be no above-ground swimming pools, unless approved by the Committee.
15. No portion or part of any lot shall be used or maintained as a dumping ground for rubbish or other refuse. Trash, garbage, and other waste shall not be kept, except in sanitary containers screened from view from all roads, all other lots, and from the Common Property provided that the Declarant, prior to the sale of such lit, may use portions of such lot as a burial pit in accordance with governmental regulations.
18. No outside clotheslines shall be permitted, No satellite dishes shall be permitted unless concealed from view from all lots and open spaces. The design of such enclosures must be approved prior to erection by the committee. Mailboxes shall be of a design, color, and choice of materials as designated by the Declarant, if the Declarant or Committee so designates, and may not violate North Carolina Department of Transportation standards.
19. There shall be no junk automobiles, junk of any sort, unserviceable vehicles, or salvage stored or placed or allowed to remain on or in any portion of this Subdivision. Unless located within enclosed garages, no large boats, and/or boat trailers (over 28 feet in length), travel trailer, motor homes, tractor trailer truck, or any other such vehicles shall be kept or maintained or located upon any lot unless and except with prior approval of the Committee. Other boats and/or boat trailers (less than 28 feet in length) must be stored behind the building set back line. No vehicles that are disabled or under repair shall be kept upon any lot unless located within enclosed garage. Unlicensed automobiles, including antique cars, if present must be stored out of sigh in a garage. Large trucks shall not be parked on a regular basis within this Subdivision. No lot shall be used for storage of building materials prior to the issuance of the building permit for the primary residence. Large truck shall be defined as any non-passenger vehicle larger than a pick-up truck.
20. No billboards or signs of any description shall be displayed upon any lot unless approved by the Declarant or if the Declarant designates, by the committee.
21. Except within the building site or within 20 feet if the main dwelling, no trees of any kind in excess of 6 inches in diameter at ground level may be removed from any lot without prior approval of the committee.
Enforcement of these Restrictions may be at law or in equity against any person or persons violating or attempting to violate any covenant, condition or restriction herein contained. In the event of enforcement of these Restrictions at law or in equity and a violation hereof is judicially determined, then the violator shall be assessed with the costs of such action including without limitation reasonable attorney’s fees.
Riverwalk By-lawsARTICLE VI OPERATION OF THE PROPERTY Maintenance and Repair
Each Owner shall maintain, repair, and replace, at his sole cost and expense, all portions of his Lot which may become in need of maintenance, repair, or replacement (other than maintenance of and repairs to any Common Areas not specifically set forth herein contained therein and not necessitated by the negligence, misuse or neglect of the Owner, his employees, guests, agents, servants, lessees, invitees or contractors). Each Owner shall further be responsible for all damages to any and all other Lots and/or to the Common Areas which his failure to undertake his maintenance responsibility may cause. All damages to the Common Areas or other Lots intentionally or negligently caused by the Owner, his employees, guests, agents, servants, lessees, invitees or contractors shall be promptly repaired by the Owner at his sole costs and expense; provided that there is excluded from the provisions contained in this section such repairs necessitated by casualties insured against by the Association to the extent the Association receives insurance proceeds for such repairs. The Owner shall be in said instance required to pay such portion of the costs of such maintenance, repair and replacement as shall exceed the amount of the applicable insurance proceeds. If the Owner does not make those repairs to be made by him within 30 days from written demand by the board, the same may be repaired by the Board, and the cost thereof shall be assessed against the Lot owned by the subject Owner.
Restrictions on Owners. No Owner shall perform or cause to be performed any maintenance, repair or replacement work which disturbs the rights of the other Owners, jeopardizes the soundness or the safety of the Property, or reduces the value thereof. Each Owner shall cause any work so performed or being performed on the Lot, which, in the sole opinion of the Board, violates the terms of this section, to be immediately corrected, and he shall refrain from recommencing or continuing any such work without written consent of the Board.
6.12 Duty to Report. Each Owner shall promptly report to the Board or its agent any defect or need for repairs or replacement in the Common Areas the responsibility for which is that of the Association.Per the By-Laws, Article VI, Section 6.3 the Board has the authority to create a Fining Policy for the community. The policy is detailed below.
Special Assessments. The Association may levy Special Assessments for Common Expenses not covered by the Annual Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto, provided that any such Assessment shall have the assent of two-thirds of the Voting Members at a meeting duly called for this purpose. Such Special Assessments shall be charged to the Lots accordingly. In addition, the Board may levy Special Assessments against one or more, but less than all of the Lots to cover repairs or maintenance for which such Owner or Owners are responsible and which they have failed to make, or for repairs or maintenance required of an Owner or Owners which impair the value of the Common Areas or the Lot or Lots, or expenses which are incurred in the abatement of or as a result of a violation by an Owner or Owners of the provisions of the Declaration, the Bylaws or the Rules and Regulations, or for fines levied for said violation, or where the Board has purchased a Lot on behalf of one or more Owners. The period of assessment and manner of payment of such assessment shall be determined by the Board.
7. No building, fence, wall, pool, outbuilding, driveway or any other accessory feature to the dwelling or any other structure upon any lot shall be commenced, erected, placed, maintained or altered on any lot or combination of contiguous lots until the Complete Construction Plans (hereinafter "Plans" are approved in writing by the Committee or its designated agents. The Committee's refusal or approval of plans may be based upon purely aesthetic considerations, which in its sole discretion the Committee shall deem sufficient, but approval shall not unreasonably be withheld. One copy of all plans and related data shall be furnished to the Committee for its records. If no action is taken by the Committee within thirty (30) days after plans are submitted to it, the owner may proceed to build without approval.
10. No trailer, truck, van, mobile home, motor home, tent, camper, barn, basement, garage, or other outbuilding or temporary structure parked or erected on lots in this Subdivision shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence; provided, however that this prohibition shall not apply to shelters used by the contractors during construction of the main dwelling house, it being clearly understood that these temporary shelters will not be permitted to remain on any lot after completion of construction. The Committee shall have the right to approve or disapprove these temporary construction shelters or vehicles. The Committee, upon approval of a temporary construction shelter or vehicle, will issue a letter stating the length of time such shelter will be allowed to remain upon such lot and where such shelter is to be located upon such lot. Modular homes are permissible, if approved by the Declarant or the Committee.
14. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. No animals or poultry of any kind may be kept or maintained on any of said lots except a reasonable number of dogs and cats and other indoor household pets. Each owner must see to it that all of the owner's dogs are kept on the owner's property unless leashed. No dogs shall be permitted to roam the property and the Association may have strays and dogs that are not leashed and are found off their owner's lot picked up by governmental authorities. The throwing or dumping of trash, garbage, and waste materials shall not be permitted. The interference of any stream or future waterways so as to cause pollution or stagnation in these waterways is prohibited. There shall be no excavation which does not pertain to the building or construction of a home. Bottled gas containers and oil tanks shall be screened from public view. There shall be no above-ground swimming pools, unless approved by the Committee.
15. No portion or part of any lot shall be used or maintained as a dumping ground for rubbish or other refuse. Trash, garbage, and other waste shall not be kept, except in sanitary containers screened from view from all roads, all other lots, and from the Common Property provided that the Declarant, prior to the sale of such lit, may use portions of such lot as a burial pit in accordance with governmental regulations.
18. No outside clotheslines shall be permitted, No satellite dishes shall be permitted unless concealed from view from all lots and open spaces. The design of such enclosures must be approved prior to erection by the committee. Mailboxes shall be of a design, color, and choice of materials as designated by the Declarant, if the Declarant or Committee so designates, and may not violate North Carolina Department of Transportation standards.
19. There shall be no junk automobiles, junk of any sort, unserviceable vehicles, or salvage stored or placed or allowed to remain on or in any portion of this Subdivision. Unless located within enclosed garages, no large boats, and/or boat trailers (over 28 feet in length), travel trailer, motor homes, tractor trailer truck, or any other such vehicles shall be kept or maintained or located upon any lot unless and except with prior approval of the Committee. Other boats and/or boat trailers (less than 28 feet in length) must be stored behind the building set back line. No vehicles that are disabled or under repair shall be kept upon any lot unless located within enclosed garage. Unlicensed automobiles, including antique cars, if present must be stored out of sigh in a garage. Large trucks shall not be parked on a regular basis within this Subdivision. No lot shall be used for storage of building materials prior to the issuance of the building permit for the primary residence. Large truck shall be defined as any non-passenger vehicle larger than a pick-up truck.
20. No billboards or signs of any description shall be displayed upon any lot unless approved by the Declarant or if the Declarant designates, by the committee.
21. Except within the building site or within 20 feet if the main dwelling, no trees of any kind in excess of 6 inches in diameter at ground level may be removed from any lot without prior approval of the committee.
Enforcement of these Restrictions may be at law or in equity against any person or persons violating or attempting to violate any covenant, condition or restriction herein contained. In the event of enforcement of these Restrictions at law or in equity and a violation hereof is judicially determined, then the violator shall be assessed with the costs of such action including without limitation reasonable attorney’s fees.
Riverwalk By-lawsARTICLE VI OPERATION OF THE PROPERTY Maintenance and Repair
Each Owner shall maintain, repair, and replace, at his sole cost and expense, all portions of his Lot which may become in need of maintenance, repair, or replacement (other than maintenance of and repairs to any Common Areas not specifically set forth herein contained therein and not necessitated by the negligence, misuse or neglect of the Owner, his employees, guests, agents, servants, lessees, invitees or contractors). Each Owner shall further be responsible for all damages to any and all other Lots and/or to the Common Areas which his failure to undertake his maintenance responsibility may cause. All damages to the Common Areas or other Lots intentionally or negligently caused by the Owner, his employees, guests, agents, servants, lessees, invitees or contractors shall be promptly repaired by the Owner at his sole costs and expense; provided that there is excluded from the provisions contained in this section such repairs necessitated by casualties insured against by the Association to the extent the Association receives insurance proceeds for such repairs. The Owner shall be in said instance required to pay such portion of the costs of such maintenance, repair and replacement as shall exceed the amount of the applicable insurance proceeds. If the Owner does not make those repairs to be made by him within 30 days from written demand by the board, the same may be repaired by the Board, and the cost thereof shall be assessed against the Lot owned by the subject Owner.
Restrictions on Owners. No Owner shall perform or cause to be performed any maintenance, repair or replacement work which disturbs the rights of the other Owners, jeopardizes the soundness or the safety of the Property, or reduces the value thereof. Each Owner shall cause any work so performed or being performed on the Lot, which, in the sole opinion of the Board, violates the terms of this section, to be immediately corrected, and he shall refrain from recommencing or continuing any such work without written consent of the Board.
6.12 Duty to Report. Each Owner shall promptly report to the Board or its agent any defect or need for repairs or replacement in the Common Areas the responsibility for which is that of the Association.Per the By-Laws, Article VI, Section 6.3 the Board has the authority to create a Fining Policy for the community. The policy is detailed below.
Special Assessments. The Association may levy Special Assessments for Common Expenses not covered by the Annual Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto, provided that any such Assessment shall have the assent of two-thirds of the Voting Members at a meeting duly called for this purpose. Such Special Assessments shall be charged to the Lots accordingly. In addition, the Board may levy Special Assessments against one or more, but less than all of the Lots to cover repairs or maintenance for which such Owner or Owners are responsible and which they have failed to make, or for repairs or maintenance required of an Owner or Owners which impair the value of the Common Areas or the Lot or Lots, or expenses which are incurred in the abatement of or as a result of a violation by an Owner or Owners of the provisions of the Declaration, the Bylaws or the Rules and Regulations, or for fines levied for said violation, or where the Board has purchased a Lot on behalf of one or more Owners. The period of assessment and manner of payment of such assessment shall be determined by the Board.