BEAUTIFUL ANY TIME
OF THE YEAR
Whether you are a resident of long standing or a new comer to Crooked Creek, the information contained on the following pages will acquaint you with all of the working parts of our Crooked Creek Property Owners Association and our immediate community specifically.
The original founders of this area envisioned a plan so that home sites could be provided surrounding the integral golf course and the lake. In implementing this plan, the lake property of over 10 acres, and the designated 5 plus acre park (the two areas total 15.8 acres) were deeded to all property owners as common property; ours to enjoy and to maintain as a sparkling example of pride and a community commitment to excellence.
Subsequent Boards of Directors strived to promote this objective and their efforts over the years of Crooked Creek's development have provided the foundation for preparing and printing this publication. It is with pleasure and honor that this Focus on Our Community is dedicated to these previous administrators and their successful endeavors.
This 2010 edition updates our history by adding significant events since the first edition came into existence in 1990, twenty years ago.
As with the previous editions, the appendices are devoted to the details of our chronology, bylaws, director’s responsibilities, restrictive covenants, Rules of Operation and rules for using our lake and park. The sections preceding the appendices contain summaries of those plus other highlights on our community and our association's activities and responsibilities.
It has been said that our homes represent our largest single investment, which appreciates with time, care and concern for our community as a whole. Together we can set the benchmark of standards for which every community can strive to equal.
IMAGE IS THE PERCEIVED VALUE
Copyright © 2003
Crooked Creek Property Owners Association
P.O. Box 2362
Hendersonville, NC 28793-2362
CROOKED CREEK PROPERTY OWNERS ASSOCIATION
A FOCUS ON OUR COMMUNITY
SOME THINGS YOU SHOULD KNOW ABOUT OUR:
I. ASSOCIATION 4
II. CHRONOLOGY 6
III. BYLAWS 7
IV. BOARD OF DIRECTORS and COMMITTEES 8
V. RESTRICTIVE COVENANTS 9
VI. LAKE & PARK 10
VII. ENTRANCE APPEARANCE & SAFETY 12
VIII WHERE WE LIVE 13
IX VALLEY CREEK GOLF LEAGUE 14
X. HOSPITALITY 15
A. CHRONOLOGY (itemized) 16
B. BYLAWS (complete) 21
C. RESPONSIBILITIES (officers & committees) 25
D. RESTRICTIVE COVENANTS (consolidated) 28
E. RULES OF OPERATION 32
F. LAKE & PARK USE RULES and PERMIT 34
The Crooked Creek Property Owners Association is a chartered, non-profit North Carolina Corporation operating under Chapter 55A of the General Statutes. Our Federal Tax Identification number is 5B-1654525 and our mailing address P.O. Box 2362, Hendersonville, NC 28793-2362.
Our primary source of revenue is our annual dues which are not federally taxed. A significantly smaller but taxable income is earned on current cash and reserve accounts. Our budget projections are done at the end of each calendar year (equals our fiscal year) for the year following. There are occasions when special assessments can and have become necessary to fund significant but infrequent additional expenses such as when major repairs to our dam and lake are required.
Our major annual expenses stem from the maintenance of our common property. This includes the signage on each side of the entry, purchase of spring and fall flowers, mowing throughout the growing season on both sides of the entryway to the first Crooked Creek properties on each side of Crooked Creek Road, and on each side of Crooked Creek Road on the dam beginning with the dogwood trees that line the road on the left above the park and the area around the lake on the right. The entire park must also be mowed as well as the banks of the outflow creek from the dam. The shrubbery along the lake requires pruning usually twice a year. And the state requires that a healthy stand of grass must be maintained on the down slope of the dam to facilitate their inspections.
Dredging of the lake inlet silt basins between lots 141 and 98 off North Shore Drive, and between lots 145 and 146 off Brandon Road, has to be accomplished normally once each year; heavy rain may cause dredging to be done a second time. Occasional repair of the silt basins is also needed.
Infrequent but very costly repairs to the lake (such as silt removal) and to the dam (such as clearing and restoration of the down slope, and bottom drain valve replacement) have been experienced and can be expected in the future for this important earthen feature which is now over 40 years old.
The health of the lake proper depends on our maintaining continuous attention. Earlier in our history, 20-20-5 fish pond fertilizer was broadcast into the lake from a boat, in a quantity sufficient to maintain a plankton bloom capable of defeating the growth of undesirable vegetation. Although effective but somewhat expensive and physically challenging, this discolored the water. Later, the addition of triploid sterile carp was adopted as the means of controlling undesirable vegetation growth. Although the initial introduction of these efficient vegetarians was expensive, and occasional replacement is required, this is less costly than annual fertilizing over the long term and has allowed the lake water to return to its natural attractive color.
Other major expenses include maintenance and operation of our street and entrance way lights, premiums for liability insurance for the association and its directors, and periodic enhancements of our community property to improve its appearance, assure its safety and extend its usefulness.
The Board of Directors holds the responsibility of projecting our cash requirements in each of the budget categories and while our dues have remained extremely low over past years, we must be realistic in future projections concerning responsible cash reserve balances, and requirements for contracted labor and materials essential for maintenance as well as desirable enhancements.
Catastrophic occurrences are in the realm of possibility at any time and we must address ourselves to this reality at all times.
SHARING EASES THE BURDEN
Born in October of 1968, Crooked Creek reached adulthood in October of 1989. In a somewhat unusual way, this 21st anniversary was celebrated in part by the passage of an emotion tugging amendment to the bylaws in the general meeting of the Crooked Creek Property Owners Association on the 25th of October.
The amendment involved amplifying the penalties for lot owners who failed to pay their dues (and/or other assessments) the bulk of which pays for maintenance of Association owned property. Delinquents now face the very real prospect of legally enforceable liens being levied against their individually owned property (in addition to merely a loss of voting privileges). Dues receipts have been near the 100 percent level since introduction of the lien penalty.
Membership in the Association is automatic upon accepting a deed to any lot in Crooked Creek. And every property owner is deemed by law to also own an equal share of the 15.8 acre lake and park, and shares financial responsibility for the upkeep of this area regardless of where the individual property is located. The 127 acre golf course, destined to remain as such forever, is an integral part of our 323 acre subdivision and its R-O (Residential Open Space Development) zoning. However, it is taxed to private owners who maintain and operate it as a public golf course.
Discussions before, as well as during the historic 21st anniversary meeting brought to light some unexpected oppositions from faithful dues paying members and some insights into the rationale of some reluctant and non-paying members. These views contrasted with the need to assure equal financial responsibility for all since all are equally privileged to enjoy the benefits offered by living in and caring for this special community.
For some there was a feeling that the penalty of a lien was an overkill that threatened the spirit and life of the community. Others were unaware of significant facts about the birth and development of the Crooked Creek Subdivision and the Crooked Creek Property Owners Association. For still others the passage of time perhaps erased some of this knowledge and/or distorted understandings.
The real importance of this revelation is not that differences in opinions and views existed, for these are both normal and useful, but rather what the underlying reasons for them were in this trying instance.
Although the individual reasons behind opposing views were varied, they seemed to reflect a compelling common need: COMMUNICATION! Specifically the need focused on introducing, correcting or simply refreshing knowledge about the important documents and events that are responsible for and characterize our truly unusual community; the only one of its kind in all of Henderson County (even though we are no longer the only R-O zoned development).
A chronology of Crooked Creek, listing the events, identifying and briefly summarizing the specific documents and their location in the Henderson County Register of Deeds Office (in the Court House), seemed to be one constructive way to help satisfy an obvious communications need. This is the underlying reason for the itemized chronology which appears in Appendix A. Hopefully you will find it informative, helpful and useful.
Perusal of the chronology, as we enter middle age in 2008, will highlight the multitude of changes that have occurred during the first 40 years of our growth. These changes have both significantly enhanced our community as well as preserved the foundation of its unique character.
COMMUNICATE TO EVERYONE
Our original bylaws which reiterated the purposes of our Association were adopted on October 18, 1968. These stipulated that acceptance of a deed to a lot in our subdivision shall cause the grantee in that deed to become a member of this association. In other words, no decision is required on the grantee's part; membership is automatic and not elective. This condition of membership remains unchanged today.
Some changes however were incorporated over the years as our community grew. On May 9, 1973, on December 4, 1974, and on March 31, 2007, amendments were passed which along with other things, clarified the purpose of the Association, the number and terms of the directors, use of proxies and amendment procedures.
On July 21, 1976 an amended version became effective which further modified the number and terms of the board of directors and established that there were to be two "stated" meetings of the Association each year for the purpose of conducting association business.
On January 28, 1981 a newer version of the bylaws became effective. This one clarified the definition of the residential areas of the subdivision to which the Association membership criteria applied.
And then in the October 30, 1985 general meeting of the Association, another amendment was
introduced and passed which officially changed the Association's name from its original "CRAIL
VALLEY HOME OWNERS ASSOCIATION" to the current "CROOKED CREEK PROPERTY
OWNERS ASSOCIATION". This change became effective January 1986 and fittingly recognized
that the Association was one for all of our property owners, not just home owners, and also
adopted the name of "Crooked Creek" by which for many years, the subdivision had become best
In the fall meeting on October 25, 1989, amendments were officially passed which clarified special assessment procedures and amplified the consequences for those property owners who might become delinquent in paying their dues and/or special assessments. This edition of the bylaws became effective January of 1990
At the fall meeting in 2006, a new edition of the bylaws were voted on and passed. After acquiring the required signatures, the new edition became effective in March 31, 2007. Along with other changes, three two significant changes were 1) the change in the length of directors term from two years to three years and 2) the option to add 2% per month to unpaid dues, and3) limitations on the number of proxies any owner may vote. This version of the bylaws is included in the Appendix.
From time to time as needed, further amendments to our bylaws (and to our restrictive covenants) will be put before the Association at our Property Owners meetings for our evaluation, study and ultimately vote. Issues of this nature are always of major concern to all of us and as such your attendance at meetings is requested to enter the discussion and cast your vote. In your absence it is vital that you make your voice heard through your proxy option. Give your proxy to a friend or neighbor who is going to the meeting or give it to one of the Board of Directors.
BYLAWS PROVIDE THE MEANS TO CONTROL OUR AFFAIRS
IV. BOARD of DIRECTORS
The elected board of directors manages our corporation in a businesslike manner in accordance with the requirements of our charter, bylaws, restrictive covenants, and applicable deeds. In fact, if we do not responsibly conduct our activities in a businesslike manner, we subject ourselves to the possibility of becoming a victim of a North Carolina procedure known as "piercing of the corporate veil" which can defeat the protection normally afforded by incorporation. In recognition of this, the Association has liability insurance coverage which also includes specific protection for the board of director members.
The number of directors, currently twelve (12) is established by the bylaws, which also sets their term to be three (3) years. Four new directors are elected each year (at the fall general meeting) to provide continuity while allowing for changes "at the helm".
Within 20 days after the fall election, an organization meeting of the board takes place to elect officers and make committee appointments. Officers are installed and committee assignments are announced at the January meeting. The board so designated, continues to serve until the next January meeting of the association at which time the next board organization is introduced.
The bylaws also identify four officer positions and their primary duties. Officers must be current members of the board. Committee designations and appointments are made by the President. The current standing committees and their responsibilities are provided in Appendix C following an elaboration of the responsibilities of the elected officers.
Committee assignments are made from board members and may be augmented, at the discretion of the President, by selection of non-board members as the needs of the Association require or find useful. Combining of individual committees is at the option of the President.
Although not required, it has been customary to have a gender balanced board. However, it has not
always been possible to achieve or maintain this balance of six ladies and six gentlemen volunteers.
Also not required, but found to be practical and therefore customary, the Vice President usually is voted into the Presidency. In addition to being charged with developing the budget for his second year, he enjoys becoming familiar with the functioning of the board before having to take the reins.
Although the board members necessarily have significant responsibilities, serving is not a professional position and does not demand extensive experience, merely a willingness to dedicate some time and logical thought to guidance of our association for the benefit of all. There are many who have served in the past and are willing to share their experiences and suggestions with current board members.
Serving on the board is a wonderful opportunity to increase your knowledge of the neighborhood and the Crooked Creek Property Owners Association, and to get to know more of your neighbors.
DEFINITION OF RESPONSIBILITY ENHANCES LEADERSHIP
V. RESTRICTIVE COVENANTS
We have to thank the founders of our Crooked Creek subdivision for their wisdom and foresight in creating such a remarkable set of covenants. Although now 40 years old, they are in reality only slightly changed from the original version which focused so strongly on the key matters of how to be good neighbors to one another.
In the event neighborhood disputes should arise concerning matters addressed by the covenants, guidelines for their resolution have been created and are presented in the back of our annual directory. The Board of Directors will assist in an incremental process to achieve satisfactory resolution of problems.
The restrictive covenants were initially formalized on December 9, 1968. Several additions were made to the covenants over the years as outlined in the itemized Chronology, but none affecting the original restrictions were introduced until the one executed on February 9, 1987 which added the prohibition of television satellite receiving antennas. Two subsequent amendments resulted in relaxing this restriction but now limit their maximum size. The original document and the changes were registered and recorded in the Henderson County Register of Deeds Office, (see Chronology for specific locations).
Other amendments were introduced and approved in subsequent years. The last two (Paragraphs 7 and 19), one dealing with fencing and the other which established the maximum size for satellite TV antennas, were approved in 2002. A consolidation of the original covenants and the amendments through 2002 is contained in Appendix D.
The restrictive covenants provide all property owners in the subdivision with a contractual agreement on what each member of our community will or will not do on and with their property for the mutual benefit of all members of our community.
Without such a document we would be free to do almost anything that pleased us as individuals but this most certainly would lead to the aggravation and annoyance of many neighbors. Although each of us might wish to take exceptions to some of the restrictions, we have, by virtue of our accepting a deed to property here, agreed to abide by all of the restrictive covenants in the interest of harmonious community relationships with common goals in every day living and growth.
COMMON LIMITS GUIDE OUR ACTIONS
VI. LAKE AND PARK
Crooked Creek is viewed as an extremely desirable residential environment graciously placed on the eastern slopes of the Great Smokies in the Blue Ridge Mountains.
A large number of its residents have chosen this location to enjoy all that is available to them in their working and retirement years, and in a climate that offers the beauty of all the four seasons without weather extremes.
The natural landscape is a bonus of nature that becomes immediately apparent as you enter Crooked Creek and begin your drive into our community. A beautiful vista unfolds. The Blue Ridge Mountains display a variety of shrubs and trees that offer a blend of colors which is splendid any time of the year and spectacular during our extended fall season.
Further down Crooked Creek Road our beautiful pink and white dogwood trees along the dam line the road to the left giving us and our visitors a view of our park and the golf course with a touch of the Blue Ridge Mountains as a back drop.
The earthen dam has a spillway riser at its southwest end. The riser, topped with a metal safety grating to prevent children, or others, from being swept into the spillway, has removable stop logs for regulating lake water level. At the bottom of the riser is a 3 foot diameter outlet pipe which travels under Crooked Creek Road and empties into a creek running through the park which feeds into a golf course pond. Water from that pond is pumped by the golf course management to irrigate the grass on the course.
Maintenance of the dam is one of our major responsibilities and must be done in accordance with North Carolina General Statute 143-215.23 (The Dam Safety Law of 1967) and supplementary North Carolina Administrative Code Title 15 Subchapter 2K. Included are requirements for periodic inspections and obtaining prior approval before initiating any repairs. Jurisdiction of our dam falls under the North Carolina Department of Environment and Natural Resources (NCDENR). The relevant agency is the Land Quality Section of the Asheville Regional Office in Asheville. They have furnished a guide "Dam Operation Maintenance & Inspection Manual" for our use, and make the periodic inspections.
VI. LAKE AND PARK (continued)
Midway along its length is a state required manually operated, 12 inch diameter, bottom drain valve which when opened, can empty lake water through a 186 foot long; corrugated steel 12 inch
diameter pipe buried under the dam, directly into the outflow creek passing through the park. At 17
feet below the normal water level, the valve (under the off-shore wooden platform) is in the
deepest part of the relatively shallow lake. Periodic inspection and monitoring of the bottom pipe is
essential. This has been accomplished using a remote operated television camera. Video tapes of
the inspections are on file. Replacement of a portion of the pipe and the valve itself was required in
1998 due to corrosion. Corrosion resistant materials were employed in the replacement
Looking to the right as one travels across this darn, the 10 acre lake fed by streams and springs, appears as a tranquil setting surrounded by homes.
The lake and park totaling 15.8 acres, belongs to all of the home owners and is maintained for our
enjoyment. The lake is now stocked with fish. Bream (sun fish) have been caught up to 10 in
length and large mouth bass also are catchable, some in the three pound range. Our posted signs clearly demonstrate that fishing and boating (paddles, oars or electric motor power only) is restricted to residents and their guests. The park also is for our use and is available for residents and their guests (up to 10 people). When the number of guests exceeds 10, a permit is required with advance arrangements. Appendix E contains the current park and lake use rules and a replica of the permit. Copies can be obtained from the Secretary. The current Lake and Park Committee or any Officer (see the Directory) can also assist you.
The entry and the drive past our lake and park, and around our entire community overlooking the
golf course is viewed with envy, and without question enhances our property values. Community
pride and our perceived image is ours to display and maintain. Each day we must sharpen our focus on our Community and leave it more beautiful than we found it.
ENJOY ALL THAT IS AVAILABLE TO YOU
VII. ENTRANCE APPEARANCE AND SAFETY
The signage on either side of the entry to our community off of Kanuga Road is the property of our Association, and also our responsibility to maintain. Each spring and early fall, the flowers of the season are planted among the evergreens which enhance the entry way for all of us and our guests to enjoy. The white letters of CROOKED CREEK are framed in a gray back drop accented with gas lights set atop sturdy stone support pillars. Both sides of our community entry are kept in this natural beauty announcing our pride to anyone who enters.
Earlier, a very low, yellow painted macadam divider separated the ingress and egress sides of our entrance. In 1992, this eyesore was removed and replaced with an attractive stone curbed planter with low voltage lighting to announce its presence. At the same time, flood lamps were installed to highlight our entrance signs after dark.
To brighten this entrance as evening approaches, two large overhead lights are illuminated to
further highlight our ingress and egress for the safety of our residents and visitors alike. In 1990,
nineteen high pressure sodium vapor street lamps were installed throughout our community by
Duke Power Company, to help guide our residents and visitors safely to their destinations. The
contract with Duke Power called for amortization of the installation, poles and fixtures over a 15
year period. Power is paid for on a estimated consumption basis with a variable rate.
A timed water sprinkler system has been added to assure that our entry plantings are adequately hydrated for persistent growth and survival especially during stressful weather periods.
The entry way enhancements are further tributes to the dedication of our directors to safely and practically fulfilling the purposes and objectives of our community organization.
ANOTHER EXAMPLE OF COMMUNITY PRIDE
Where We Live
Our continued objective of leaving this very special and mature community a better place than we found it is forever the responsibility of all who live within its natural beauty.
The location itself, with winding roads and rolling hills, makes a statement without speaking a single word. In hindsight our forefathers' vision is where and why we all reside in this serene environment.
Other than what you can visually observe, we have assets of exceptional value:
✓ Our Restrictive Covenants establish the rules by which we all abide in concert with our neighbors.
✓ Our single entry and egress offer endless advantages without fee attachments.
✓ Our Board of Directors devotes a level of energy that preserves our years of history from erosion and directs our future.
✓ Most of our roads are maintained by the North Carolina
Department of Transportation, without a fee attachment.
✓Our booklet "A Focus On Our Community" is a pictorial essay,
unique and informative.
✓ Our location is ideal in every aspect of convenience.
✓ In the center of our community is a 10 acre Lake and a 5 acre Park owned by each resident, for us to enjoy their natural beauty for picnics and play in the park and fishing in the lake.
✓ Interlacing our community park, lake and residential areas is a fine18-hole Golf Course, destined to remain forever as such, with no mandatory membership requirement.
No other community in the county can match or exceed these priceless assets. We cannot take the preservation of these assets for granted. It does require a conscious effort on the part of all of us. Your contribution of time and effort when requested is essential to maintain and improve upon our assets.
All of us have busy schedules in the work place, as volunteers and all sorts of hobbies that are enjoyable and time consuming whether in retirement or career oriented. Our community, that we respect and enjoy, cannot take care of itself.
We must be the guardians of the present and the future of our Crooked Creek community. Doing so will keep us the envy of all who surround us and seek to join us.
VALLEY CREEK GOLF LEAGUE
Our nine-hole golf league (for men and women) begins at the Crooked Creek Golf Club the first of April and concludes the last Monday in October. And of course, every golfer in Crooked Creek is welcome to join us. When the roster permits, invitations have also been extended to non-residents to join this friendly, social activity.
We play every Monday morning, weather permitting, except on holiday weekends such as Memorial Day, Fourth of July and Labor Day.
We have mixed events, socials, scrambles (captain's choice), low net, and others which offer a great opportunity to join your friends and neighbors for a few hours each Monday morning.
Handicaps are maintained weekly on each player and posted in the Crooked Creek Golf Club along with the sign-up sheets where you indicate intention to play weekly.
Our year-end Banquet Luncheon is held early in November at a comfortable and convenient dining facility. We have a happy hour followed by lunch, and our awards program concludes a fun gathering.
Non-golfing spouses are welcome to join us at the season-end Banquet.
WHERE THE BALLS LIE SO DO THE GOLFERS
As the fall approaches each year; so does our annual get-together. No business is conducted. The turnout is fantastic and so is the food and fun. A hundred residents…sometimes more, sometimes less… gather with their families and guests to benefit from some quality time with neighbors some of whom they might not have yet met or to refresh friendships with some they already enjoy.
For many years, we gathered for summer picnics in our park area across from the lake where we could join in friendly volleyball, baseball, and horse shoe pitching competition or just sit around and visit with friends and neighbors in a most pleasant environment. Music was furnished by one of our residents across the street who plugged his amplifiers into the park neighbor's outlets.
The main course was chicken generously supplied by the Property Owners Association (translated, "we pay for it"), and everyone attending was asked to bring a specific veggie, covered dish, or delicious dessert. The left over chicken, if any remained, could be purchased by the piece. The revenue went back into the cash balance. So you see, we do have prudent budget management.
Beginning in the fall of 1993, we opted for a change in venue and style. Following challenges by Mother Nature, the loss of our favorite source of fried chicken, "The Chicken Shack", and difficulties in borrowing long folding tables from nearby organizations, we decided to leave all of the cooking to someone else. This time, Hendersonville Country Club (HCC) where we have gone ever since. Although the outdoor element is missed by some, the convenience, service and terrific food of HCC is welcomed by all and has made these annual social affairs very popular.
More recently, we have enjoyed both events, with the picnic being in late summer and the dinner at the country club, in the fall. Both are well attended and enjoyed.
In the cooler weather after each of our two scheduled indoor general meetings, i.e. in January and October, refreshments are provided to all attending while we take advantage of these stimulating opportunities to further our knowledge and appreciation of our neighbors new and old, and "analyze" the evening's happenings.
KNOW AND ENJOY YOUR NEIGHBORS
APPENDIX A: CHRONOLOGY (Itemized)
IN THE BEGINNING—
October 7, 1968: A deed executed by Crail Valley Corporation as the owner, defines a subdivision, now known as Crooked Creek, totaling approximately 323.3 acres comprising residential areas and two open areas designated Tracts One and Two. Tract One, now defined as approximately 120 acres, is forever destined to be used as a golf course. Tract Two, consisting of a park and a lake together totaling approximately 15.8 acres, is also destined to remain an open area.
The deed recognizes the zoning designation of the subdivision as an R-O (0 for "Residential Open Spaces Development") district. This designation, because of the extent of the open spaces, allows the minimum lot size to be reduced to 28,000 square feet (i.e. 70 percent of the surrounding R-40 district requirement of 40,000 square feet).
The deed also recognizes that individual property owners will rely upon the continuing existence of Tracts One and Two as open areas. Consequently, the deed states that Crail Valley Corporation, and its successors in title, irrevocably agree that they shall do nothing to prevent the open areas from forever remaining as such until such time as the following two requirements are met:
1. The owners of all lots in the subdivision shall consent in writing to construction of buildings in the open areas for purposes other than originally designated.
2. The Henderson County Zoning Ordinance is amended so as to permit such construction.
This instrument is binding upon Crail Valley Corporation and its successors in title, and may be enforced by the Henderson County Zoning Administration or other appropriate public authority as provided in the Zoning Ordinance, or by the owner of any lot in the subdivision by suit for mandatory injunction or for damages.
The deed also prescribes that the Crail Valley Corporation, or its successors in title, shall maintain the lake and park in at least their present condition.
Further, the deed grants the right to lot owners in the subdivision to form an association which shall have the right to perform maintenance of the lake and park at the expense of its members.
Deed filed December 12,1968, Book 462, Page 335
October 9, 1968: Charter issued designating the Crail Valley Home Owners Association as a North Carolina non-profit corporation, with perpetual duration, organized 'To own, manage, organize, reorganize, and maintain the lake and park or parks on real estate owned by the corporation, to conduct a fraternal association among members of the corporation; to promote the moral and social welfare of its members; to facilitate and maintain good and neighborly relations among the members; to promote the appearance of real estate owned by the members, individually, so as to make more attractive the property owned by the corporation, and homes owned by the individual members."
Charter filed October 11,1968, Book 10, Page 311
October 18, 1968: First Board of Directors meeting of the Crail Valley Home Owners Association was held at 8:30 P.M. in Fayetteville, North Carolina (home of the Crail Valley Corporation). All of the initial Board of Directors (who were designated in the Articles of
Incorporation as Directors and who constituted all of the incorporators), namely Elmer Gooden,
Don B. Broadwell, and Waverly C. Broadwell were present. The initial bylaws, adopted by
unanimous vote at this meeting, stipulate that membership in the Association is automatic upon
APPENDIX A: CHRONOLOGY(continued):
receipt of a deed to any lot in the subdivision. This condition of membership remains unchanged.
December 9, 1968: Deed executed by Crail Valley Corporation transferring ownership of the park and lake areas, i.e. "Tract Two", to the Crail Valley Home Owners Association
Deed filed December 12, 1968, Book 462, Page 349
December 9, 1968: Restrictive Covenants for Section One executed. This document includes eighteen numbered paragraphs of stipulations.
Covenant filed December 12, 1968, Book 462, Page 360
February 15, 1971: Restrictive Covenant executed extending the applicability of the December 9, 1968 restrictions to Section Two of the subdivision.
Covenant filed February 23, 1971, Book 482, Page 263
July 18, 1972: Restrictive Covenant executed extending the applicability of the December 9, 1968 restrictions to Section Three of the subdivision.
Covenant filed August 8, 1972, Book 498, Page 466
December 14, 1973: Restrictive Covenant executed extending the applicability of the December 9, 1968 restrictions to Section Four of the subdivision.
Covenant filed December 31, 1973, Book 515, Page 581
June 27, 1975: Crooked Creek Patrol began. Volunteers included only male residents using their own cars and armed with an index of resident car descriptions and license numbers.
Notice to all residents June 23, 1975
January 15, 1976: Deed executed by Crail Valley Corporation conveying ownership of a strip of property, twenty feet wide, along the eastern margin of Crooked Creek Road (which is sixty feet wide) from Kanuga Road to Lot Number 88, to W. N. Fortescue, Sr. (now deceased) and his wife Lottie Fortescue but reserving "a permanent right of way and easement over the property for the purpose of going on the property to cut grass, plant shrubs, and otherwise beautify and maintain in a pleasing condition" this property. The deed also reserves the right to place and replace and maintain a sign in this strip within fifty feet of the south margin of Kanuga Road (A similar easement exists over the property along the west side of the entry into Crooked Creek from Kanuga Road to Lot Number 89.) The sixty feet wide entry road is included as a deeded right-of-way.
Deed filed September 30, 1976, Book 546, Page 457
June 8, 1976: Radio use authorization confirmed by the Henderson County Sheriff's Department to enhance the effectiveness of the Crooked Creek Patrol. Specific conditions for and limitations on direct radio communications to the Sheriff's Department are defined.
Letter from Sheriff Albert Jackson, June 8, 1976.
September 18, 1979: Deed executed defining what is known as Section V and making the lots within it subject to the restrictive covenants for the Crooked Creek Subdivision.
Deed filed December 28, 1979, Book 584, Page 691
September 18, 1979: Agreement establishes a 20 foot wide easement now known as Fairgate Drive, extending from Crooked Creek Road on lot 198, along the south boundary of lot 199, across the golf course and along the easterly boundaries of lots 212, 211, 210, 209 and 208 in Section V.
Agreement filed December 28, 1979, Book 584, Page 748
February 20, 1985: Charter amendment issued changing the corporation name to "Crooked
APPENDIX A: CHRONOLOGY (continued):
Creek Property Owners Association, Hendersonville, North Carolina".
Articles filed October 30, 1985, Book 22, Page 177
October 30, 1985: At the annual meeting on this date, an amendment to the bylaws was approved to correct the name of the corporation. The amendment became effective January 1986.
February 9, 1987: Restrictive covenant amendment executed adding paragraph nineteen to prohibit the installation of any satellite television reception antennas.
Covenant amendment filed July 6, 1987, Book 701, Page 569
Our Fiscal Year 1988: Real estate taxes for the Association eliminated by a change to the NC State Statutes which distributed tax responsibility for our community property (i.e., the lake and park) directly and equally to the owners of each and every Crooked Creek property.
October 25, 1989: At the annual meeting on this date the bylaws were amended to clarify special assessment procedures and to amplify penalties for failure to pay annual dues and special assessments. The penalty now includes provision for levying liens against the property of delinquent owners. This revision became effective in January of 1990.
Amended Bylaws filed November 29, 1989, Book 748, Page 459
January 24, 1990: Restrictive covenant amendment adding paragraph 20 to stipulate control of dogs and cats was approved at the annual January meeting by a majority of property owners. Execution of the amendment was completed on March 13th, 1990.
Covenant amendment filed March 30, 1990, Book 753, Page 859
January 29, 1990: General warranty deed conveying ownership of the westerly 50 feet of Thorngate Drive at its intersection with Crail Farm Road, State Road 1137, to Crooked Creek Property Owners Association.
Deed filed September 26, 1990, Book 764, Page 287
Map filed February 1989, Map Cabinet C, Slide 194
February 6, 1993: The Crooked Creek Community Watch Patrol was featured on Channel 13 in a TV program titled "Crime Watch In Henderson County". The segment noted the cooperation with the Sheriff's Department and their recognition of the Patrol's effectiveness. Included were ad lib responses by two of our residents who answered questions about how the Patrol functioned.
Video tape of the TV segment broadcast is in the Association's files
October 4, 1994: At the annual October meeting, covenant amendments to paragraphs 3, 4, 7, and 19, and the addition of paragraph 21 were approved by a majority of property owners. Changes to paragraph 3 reflected building cost price increases and deleted procedures for downward adjustments of square footage requirements. Changes to paragraph 4 simplified setback requirements by referring to County requirements. Changes to paragraph 7 clarified what signs may be placed on individual lots. Changes to paragraph 19 relaxed requirements to allow satellite television antennas but with restrictions on their placement.
Covenant amendment filed December 6, 1994, Book 858, Page 721
(APPENDIX A: CHRONOLOGY continued):
January 21, 2002: At the annual January meeting, covenant amendments to again change paragraphs 7 and 19 were approved by a majority of property owners. Paragraph 7 changes eliminated the original provision for conditional approval of fencing alterations. Changes to paragraph 19 further relaxed the satellite television antenna restrictions to eliminate conflicts with Federal Communication Commission laws but imposed a maximum size restriction of 24 inches.
Covenant amendment filed October 4, 2002, Book 1114, Page 571
2004- The volunteer patrol was discontinued in 2004 when there was not enough interest among residents to fulfill the duties of the patrol.
March 31, 2007- New bylaws were voted on and passed at the annual January meeting and became effective on March 31. This was the first complete revision of the bylaws since they were first adopted in 1968, a testimony to the fine job done by the original drafters. Significant changes included 1) changing the term served by board members from two (2) to three (3) years, 2) providing the board with the authority to levy a fine of 2% per month for delinquent dues and 3) limiting the number of proxies any one member can vote.
2007- On May 23, 2007, and for the first time since incorporation, the registered agent for the corporation was changed, The new registered agent is long time resident and community leader, Bob Cramer.
2007- We started a web site, ccpoa.home.mchsi.com, thanks to the efforts of resident Don Miller. We hope to continuously improve it and at some time publish an edited version of our newsletter and make a copy of our bylaws and restrictive covenants available for potential residents.
2008- We began a concerted effort to reduce our postage costs by expanding use of email. All board meetings are announced to board members by email and the newsletter is sent to a growing number of residents by email. Our bylaws expressly state that annual meeting notices must be sent by USPS.
2009- Our Board voted to replace the registered agent. Effective March 22, 2010, our new registered agent is Mr. Franklin T. (Ted) Carland. On March 12, 2009, a majority of property owners amended restrictive covenant 18 B thereby permitting one dock or landing per property owner on the shoreline of the lake.
2010- As a result of excessively high gas rates we had the front entrance gas lanterns converted to electric. Our Board voted to remove the Advisory Committee from Appendix C: RESPONSIBILITIES (page 27 Focus).
1) The above summary and consolidation highlights most, but not necessarily all, of the events of interest to property owners and is intended to be a refresher, a reminder, and a basis for digging further into our history. Legal implications and interpretations should be verified by examinations of the appropriate complete documents on file at the Henderson County Register of Deeds Office (Bylaws, Restrictive Covenants, Deeds & Maps), the Henderson County Library (State Statutes) or in the Association's files (Letters & Notices).
(APPENDIX A: CHRONOLOGY continued):
2) The residential areas currently comprise seven sections. Three of these, Section 5 consisting of seven lots on Fairgate Drive, Section 6 consisting of five lots on Penny Court plus one next to the park, and Section 7 consisting of three lots along #1 Fairway, were either not identified as such on the early plat plans or did not appear at all initially. They are identified on surveys November 23, 1977 (Sect. V), revision May 11, 1984 (Sect. VI) and May 3, 1983 (Sect.VlI); all done by Stuart Gooden, R.S., Bladen County, North Carolina
3) Documents extending the Restrictive Covenants of December 9, 1968 to Sections Six and Seven do not appear to have been executed by Crail Valley Corporation. However, title opinions have been and will probably continue subjecting lots in these two Sections to the Restrictive Covenants
4) Crooked Creek Lane (the first street to your left after entering Crooked Creek) is not part of the Crooked Creek subdivision. In a June 27, 1984 letter, a request was made by Forum Four, Inc., developers of Crooked Creek Lane subdivision, comprising five lots of approximately one acre each, to allow the new subdivision to become part of Crooked Creek subdivision. Because of our deeded ownership of the lake and park properties and the fact that the two subdivisions have two entirely different zoning designations, (i.e. R-O and R-40 respectively), the suggestion arose that associate membership might be a more appropriate question. This was opened to the Crooked Creek Property Owners Association membership at the annual meeting on January 30, 1985 at which time, in a closed ballot, a majority voted against admitting Crooked Creek Lane property owners. The question was revisited by the Board of Directors on February 23, 1993 and by unanimous decision, voted to drop further consideration of the matter.
5) There are currently 158 residences and 10 vacant lots. Two of these lots are divided and owned by abutting lot owner/residents. The other 8 vacant lots are currently individually owned by residents and several non-residents. Vacant lot owners are listed in the back of the annual directory.
6) There have been many events in our history that perhaps deserve a separate and expanded chronology to provide a consolidated resource which would reinforce the basis and understanding for forecasting our future needs.
UNITY DERIVES FROM UNDERSTANG
APPENDIX B: BYLAWS
CROOKED CREEK PROPERTY OWNERS ASSOCIATION
(AMENDED BYLAWS EFFECTIVE March 31, 2007)
The name of this corporation shall be CROOKED CREEK PROPERTY OWNERS ASSOCIATION with its principal office located in the Crooked Creek Subdivision in the County of Henderson, North Carolina.
To own, manage, organize and maintain the lake and park or parks on the real estate owned by the
corporation; to conduct a fraternal association among the members of the corporation; to promote
the social welfare of its members; to facilitate and maintain good and neighborly relations among its
members; to encourage proper maintenance of the real estate owned by the members, individually,
so as to make more attractive the property owned by the corporation, and homes owned by the
Membership and conditions of membership in this corporation are as follows:
Section A: The owner, whether an individual, partnership, corporation or otherwise, of any lot in that property known as Crail Valley Subdivision, or to be known as Crail Valley Subdivision, or known as Crooked Creek Subdivision, or to be known by any other name, which subdivision is located east of the Kanuga Road in Henderson County, North Carolina, shall automatically be a member of this association.
Section B: The delivery of a deed to a lot in said subdivision, and acceptance of such delivery, shall cause the grantee in that deed to become a member of this association.
Section C: The period of membership in this corporation shall be for the duration in which said member remains an owner of the lot whereby he acquired membership, provided that execution of a deed of trust on such lot shall not divest the individual owner of ownership to the extent that his membership will be terminated.
Section D: Any person, partnership, corporation or other entity shall have one (1) membership for each lot in said subdivision which that party owns, whether one or more, provided that no real estate other than that shown on a plat recorded in Book 462, Page 335 in the office of the Register of Deeds of Henderson County by Crail Valley Corporation, showing subdivision above described, shall be considered in determining membership. Execution of the deed conveying a lot in this subdivision by a member, or divesting his title (whether by foreclosure of the deed of trust, foreclosure for taxes, execution sale, or otherwise) shall constitute the consent and conveyance of this membership in the Association by that member, without further compensation by this corporation for any interest in the assets of this association.
APPENDIX B: BYLAWS (continued):
There shall be twelve (12) directors of this association whose terms of office shall be for three (3) fiscal years and until their successors have been elected and qualified. Directors shall be members in good standing and residents of the subdivision to qualify.
Four (4) directors will be elected each year from candidates nominated by a nominating committee
appointed by the President or by nominations from the floor. The four (4) candidates receiving the
greatest number of votes will be elected. At the October meeting in 2007, six (6) directors shall be
elected, with four (4) to serve a three (3) year term and two (2) to serve a two (2) year term. At the
October meeting in 2008, six (6) directors will be elected, with four (4) to serve a three (3) year term
and two (2) to serve a one (1) year term. Thereafter, all directors will serve a three (3) year term.
Vacancies occurring on the Board of Directors shall be filled by the Board. A director so appointed will serve the unexpired term of his predecessor.
Officers of the Association will be selected by and from the carry-over directors and the directors-elect within twenty days after the election of directors has been held, to serve during the ensuing fiscal year.
The officers shall consist of a President, Vice-President, Secretary, and Treasurer, provided that the directors may provide for assistants to these officers as the needs of the Association require.
The President shall be the chief executive officer, preside at all meetings, appoint committees and represent the Association in matters with the community. The Vice President shall assist the President in his duties and preside in his absence.
The Secretary shall keep minutes of all meetings of the Association and the Board of Directors, and shall keep in a safe and orderly manner all documents and correspondence of the Association and make distribution of minutes and documents as directed by the Board of Directors.
The Treasurer shall collect all dues and other income of the Association, make disbursements as authorized by the Board of Directors and be accountable for the funds of the Association. The Treasurer shall keep an up-to-date record of the membership in good standing and the number of votes each may exercise. All checks or withdrawals of funds must be signed by either the Treasurer or another officer. Two officers are to sign all checks for amounts over $2500.
Section A. Meetings of the Membership. Each year there will be two (2) stated meetings of
the membership of the Association, all other meetings will be special meetings. One stated meeting
will be held in October for the purpose of receiving nominations and electing Directors, and
conducting any other business. The other stated meeting will be the Annual Meeting to be held in
January at which time officers will be installed and at which time the budget and dues for the next
fiscal year will be approved.
APPENDIX B: BYLAWS (continued)
Robert's Rules of Order will provide guidance for all meetings of the membership.
Special meetings may be called by the action of the Board of Directors or by a written request signed by at least ten percent (10%) of the membership in good standing. Such written request shall be presented to the Secretary and shall state the purpose for which the meeting is called.
Written notice of all meetings shall be given to all the membership by U.S. Mail or personal delivery at least one (1) week before the meeting is to be held.
A quorum shall consist of at least twenty-five percent (25%) of the memberships in good standing
at the time of the meeting provided that the presence of a written proxy shall be considered present in determining if a quorum exists.
Section B. Meetings of the Board of Directors. Meetings of the Board of Directors may be called by the President or by any three Directors at any time. A quorum for a Directors meeting shall be seven (7). Robert's Rules shall govern in the conduct of meetings. Directors may not participate by proxy.
Each membership shall pay dues of a specified sum each year to be determined by the Board of Directors and approved by the membership at each annual meeting. Dues may be prorated by quarters for the remaining partial year of a newly acquired membership.
Special assessments may be levied by a majority vote of all memberships represented and entitled to vote at any stated or special meeting of the corporation during which the special assessment is presented for discussion and vote.
Dues are due at the annual meeting in January. Failure to pay dues within sixty (60) days after the
due date shall automatically suspend the voting privilege until dues are paid. Any amount unpaid on dues in excess of a period of sixty (60) days from the due date shall bear interest at the rate of 2%
per month until paid in full. In addition to the foregoing, if any member shall fail to pay his dues or
assessments as the same become due, on the failure of payment of the dues or assessments after
thirty (30) days' written notice of such delinquency given by the corporation to such member, the
amount of the dues and/or assessment shall become a lien on such member's lot in the subdivision
in favor of the corporation, and the corporation shall have the right to proceed thereon in accordance
with the provisions of North Carolina General Statute Section 47F-3-116 for the foreclosure and
enforcement of liens; or, in the event the corporation shall not record a lien, it shall have the right to
commence an in personam action against such member for the collection of the assessments in any
court of competent jurisdiction.
If a member owns more than one lot, he need pay dues on only one lot to enjoy membership privileges.
All books and records of the Association may be inspected by any member or his agent at any reasonable time.
APPENDIX B: BYLAWS (continued)
The books and records of the Treasurer shall be audited by a committee appointed by the President prior to the annual meeting and the report made at that meeting.
The fiscal year of the Association shall be the same as the calendar year.
Each membership in good standing shall be entitled to one (1) vote at any meeting of the association for each lot for which that member has paid dues. Such membership may vote in person or be represented by written proxy. Members may vote by proxy by delivering or having delivered to the Secretary of the Association a written proxy, signed by the member, appointing another member of the Association to exercise the proxy. Each written proxy shall state the name and address of the member, or the lot number(s) represented and the member appointed to exercise the proxy. Proxy forms will be provided with the notice of the meeting. No individual may exercise more than three (3) proxies at any meeting.
RULES AND REGULATIONS
The Association shall adopt such rules and regulations as may be necessary to accomplish its
purposes. Rules and regulations may be amended or rescinded at any meeting by a majority vote.
These bylaws may be amended, repealed and new bylaws adopted by affirmative vote of a majority
of all memberships entitled to vote under the terms and conditions of the bylaws then existing.
Proposals for any changes of bylaws may be initiated by either the Board of Directors or by written
request submitted to the Board of Directors signed by at least ten percent (10%) of the membership
in good standing.
Any proposals for amendments to the Bylaws shall be submitted for vote by the membership at any
meeting of the Association, including a meeting specially called to consider such amendment.
Copies of these proposals will be sent to each member at least ten (10) days prior to meeting.
The Association, a chartered non-profit corporation in the state of North Carolina has one class of members with voting rights. In accordance with the provisions of the Bylaws effective January 1990, the above amended Bylaws as presented in its entirety in pages one through four above, was proposed, discussed and approved by a majority of the eligible voting members of the Association in attendance at the Annual meeting held on January 25, 2007. The undersigned, representing a majority of all of the members of the Association, do hereby ratify the above amended Bylaws to be effective March 31, 2007.
RESPONSIBILITIES (Of officers & committees)
PRESIDENT - Serve as Chief Executive Officer, preside at all meetings, appoint committees and define their responsibilities. Identify overall objectives for committees, establish completion dates for same, and coordinate plans for meeting objectives. Assure that communications with all lot owners are maintained concerning Association actions and activities. Represent the Association in matters with the community. Present the proposed budget and dues for the current fiscal year, for discussion and vote at the January annual meeting. Coordinate the preparation of periodic newsletters for the community.
VICE PRESIDENT - Assist the President in his duties. These include but are not limited to preparation and updating of the significant event and required action calendar, committee responsibility definitions and transitioning policies and procedures. Preside in the President's absence. Serve as Chairman of the Budget Committee. Make arrangements for the annual meetings. Organize volunteers to register attendees, give out ballots and voting cards, and count ballots and/or votes. Coordinate any communications for patrol duty with the sheriff’s office and for street light repair with Duke Energy.
SECRETARY - Keep minutes of all meetings of the Association and the Board of Directors, and keep in a safe and orderly manner all documents and correspondence of the Association, and make distribution of minutes and documents as directed by the Board of Directors. Publish periodic newsletters throughout the year to keep the community informed on matters, within and or related to the community, of interest to all property owners. Maintain the Association website. Keep and maintain Association owned copier.
TREASURER - Collect all dues and other income of the Association, make disbursements as
authorized by the Board of Directors and be accountable for the funds of the Association. Keep an
up-to-date record of the membership in good standing and the number of votes each may exercise.
Sign all checks or withdrawals of funds. Collect incoming mail for the Association and deliver to
the President. Notify owners who are delinquent in paying dues. Assist in budget preparation.
AUDIT - Audit the books and records of the Treasurer for the preceding fiscal year and present a written report on the audit findings at the annual meeting in January. To be appointed by the president.
BUDGET - Establish a proposed annual budget for the Association, for the subsequent fiscal year, with appropriate explanations, for use by the President at the annual meeting in January of the subsequent year. Define special assessment requirements and present these at any stated or special meeting of the Association for discussion and vote. Recommend dues for the next fiscal year to be voted on at the January annual meeting. Chaired by the vice president
APPENDIX C: RESPONSIBILITIES (continued):
ENTRANCE - Maintain, and improve when it is deemed appropriate, the safety and good and attractive appearance of the Crooked Creek Community entrance way from Kanuga Road to the first Crooked Creek properties on each side of Crooked Creek Road. Maintain, and improve as appropriate, the entrance way signs, sprinklers and lights. Install, remove and store Christmas decorations
HOSPITALITY - Provide refreshments for both annual meetings of the Association and any special meetings; plan, make, and coordinate all necessary arrangements for site preparation, food, drink and entertainment for the annual fall get together. Direct planning and preparations for other community actions such as the community garage sale and dinner at Hendersonville Country Club. Keep and display the sign announcing community events when appropriate.
LAKE- (Accounts 206 & 207) - Maintain, and improve when it is deemed prudent and appropriate, the safety, utility, and good and attractive appearance of the Association owned lake. Monitor the integrity of the dam, including its ancillaries, in accordance with the policies and procedures of the North Carolina Department of Environment and Natural Resources. Have silt basins cleaned and maintained to prevent silt buildup in lake. Limit undesirable vegetation growth in the lake and maintain a reasonable stock of game fish and vegetation eating carp in the lake. Maintain Association owned docks and drain valve. Monitor condition of lake, dam drain valve overflow pit culvert and cleanout pit and bulkhead and recommend any action needed to the Board. At a frequency of no less than every five years, make a camera based inspection of the drain pipe, complete with a review by an experienced engineer, and store the record with the Association records.
PARK MAINTENANCE– (Accounts 203 &214) Maintain park, and park equipment, in safe, neat and attractive condition. Recommend park modifications and improvements to Board for their approval and action. Assume responsibility for the Association Mowing contract, to include road sides at entrance, the entire park area, the Crooked Creek Road shoulders at the park and lake. Contract for the trimming of the hedge and dogwood trees along dam and appropriate fertilizing of grassed areas. Obtain bids for above work and present recommendations to board. Arrange with treasurer for payment to contractor(s). Monitor park use and recommend policy changes when warranted. Work with hospitality committee to prepare park for community events.
MEMBERSHIP - Send welcoming letters to all new residents. Make welcoming visits to all new residents, deliver all pertinent documents and introduce them at any Crooked Creek Property Owners Association meeting. Maintain list of service providers.
ZONING & COVENANTS - Verify that all lot owners comply with the applicable Henderson County Zoning requirements and Crooked Creek Subdivision restrictive covenants. Notify the President of any violations and recommend corrective actions to him. Keep a log of violations found and corresponding corrective actions taken. Monitor developments within Henderson County and the Subdivision. As changing situations warrant, identify to the Board of Directors suggested modifications to the County Zoning requirements and the Subdivision restrictive covenants.
APPENDIX C: RESPONSIBILITIES (continued):
NOMINATING - Identify to the current Board of Directors, prior to sending out the October general meeting announcement, the appropriate number of candidates recommended for addition to the next term of the Board of Directors. Present the recommendations in a written report to the President, and introduce candidates at the October general meeting. Verify that candidates understand the nature of the tasks performed by Board members and the commitment in time and effort that is essential if they are elected to the Board. Appointed by the president
AD HOC - At any time the board of directors may enlist the voluntary services of any association members to form a temporary committee to assist the board in the execution of special tasks. Such committees serve at the pleasure of the board, accept task assignments from and report progress to the responsible standing committee chairperson or designee. Ad hoc committees have no official standing and their activities are reported to the community at large through normal board of director communications.
DATA, DOCUMENTS & HISTORY - Develop, compile, maintain up to date, and make available to the Board of Directors and their committees, computer based and/or aided data files to facilitate and make more accurate and efficient the fulfillment of the Association's corporate responsibilities. The files should include, but not be limited to, the directory of residents; identification and addresses of all lot owners, copies of key legal documents and or identification of their location in the Register of Deeds office, corporate bylaws, subdivision restrictive covenants, rules, regulations, practices and policies, maps, historical records, (e.g. past board members and annual dues), budget and special assessment analyses and comparisons, calendars of significant events and required actions. Provide list of eligible voters for use at all Association meetings. Have the annual association directory printed and delivered to the appropriate board member for distribution.
ALL BOARD MEMBERS SHOULD MONITOR OUR COMMUNITY APPEARANCE AND IMAGE AT ALL TIMES
RESTRICTIVE COVENANTS (consolidated)
CROOKED CREEK SUBDIVISION
(As Amended Through March 12, 2009)
Crail Valley Corporation does hereby declare, promise,. covenant, and agree on behalf of itself and all purchasers, their heirs and assigns, of lots in Crail Valley Corporation, Section I as shown on plat recorded in Plat book 8, page 57, Henderson County Registry, that for the greater benefit and help of lot owners and to protect the value of structures erected on these lots, the subdivision shall be subject to the following restrictions and limitations.
1. Said lots shall be used for residential purposes only, and shall not be used for any business or commercial purposes.
2. Said lots in the said "Crooked Creek, Section I" shall be residential lots, and no structure shall be erected altered placed or permitted to remain on any of said lots except one detached single family dwelling of not more than two and one half stories in height, with or without a carport, and a private garage if desired for not more than three cars and other out-buildings in the rear of the dwelling house which may be incidental to normal residential use in subdivisions of similar category.
3. No dwelling shall be erected on any of the said lots which shall have a value at time of erection of less than One Hundred Twenty-One Thousand Dollars ($121,000.00) or contain a heated-area living space of less than 1,700 square feet, of which not less than 1,200 square feet shall be on the first or ground floor. Heated-area living space shall mean the ordinary living space in a house which is designed and constructed so as to be capable of being heated for regular living use in cold weather. In the computation of floor space, furnace room areas, garages, and porches shall not be counted.
4. Set-backs must comply with existing Henderson County Zoning Ordinance as the same exists or as hereafter amended.
5. There are reserved in Crail Valley Corporation easements as described below for installation of drainage facilities and installation, replacement, and maintenance of utility lines including pipelines, as shown on the recorded plat of this subdivision, and additions thereto, and in addition thereto for a distance of ten (10) feet along all interior lot lines, said ten (10) foot easements being five (5) feet on each side of each interior lot line, provided that if at the time of the initial conveyance of any lot or lots of said subdivision there shall be a change in the size or shape of any building lot by adding a strip of land to a lot or by deleting a strip of land from a lot, the ten (10) foot easement herein reserved shall be five (5) feet on each side of the interior lot line of the lot as initially conveyed by Crail Valley Corporation. Easements for installation and maintenance of utilities are reserved over the rear five (5) feet of each lot. All areas indicated as streets and easements on said plats are hereby dedicated to public use for such uses forever.
6. No structure may be constructed with an exterior wall finish of material of concrete or cinder block type construction nor be finished in asbestos siding shingles.
No building of any kind shall be moved from any other place onto any of the said lots or
from one lot onto another lot within this subdivision.
7. Fences, walls and signs may be erected or placed on lots provided:
A. No fence or wall over four (4) feet high, excluding columns or posts, shall be erected or maintained on the property beyond the front building set back lines.
B. No metal fences of the type described and known as "chain link" fences may be
constructed, nor permitted to remain, within forty (40) feet of any street within this subdivision.
C. No sign other than the name and address of the owner or occupant and a single "For Sale" or "For Rent" sign shall be displayed on the property. A single additional sign may be erected on lots which adjoin the golf course, which sign should face the golf course
D. Additional signs of a regulatory nature may be erected on a lot after permission has first been obtained from the Crooked Creek Property Owners Association's Board of Directors.
APPENDIX C: RESTRICTIVE COVENANTS (continued):
8. No animals or poultry of any kind, except household pets, may be kept on the premises; no trailers, tents, shacks, or other temporary structures may, at any time, be used as a residence; neither shall any use be made of the premises that would be offensive or obnoxious to the adjacent property. Any trailers or portable "camping equipment" parked or stored on the property on any lot must be kept within an enclosed garage or fenced utility yard and must not be visible from the adjacent property.
9. It is understood and agreed that these restrictions are made for the mutual benefit of Crail Valley Corporation and any and all subsequent grantees, and all such parties shall be deemed to have a vested interest in these restrictions and the right to enforce same. The failure to enforce shall in no way be deemed a waiver of the right to do so.
10. Each improved lot owner shall provide receptacles for trash and garbage in a screened area not generally visible from adjacent properties or shall provide underground receptacles. No trash may be piled on the lawn, streets, or gutter areas and allowed to remain more than twenty-four (24) hours before pickup.
11. No noxious or offensive 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 unsanitary condition prejudicial to the public health shall be permitted. All sewage shall be disposed of by septic tanks approved of by the State Board of Health until such time as a regular sewage system becomes available. No liquid waste of any description shall be drained, dumped, or disposed of in any way into open ditches or water courses.
12. No lot shall be divided, nor shall any portion less than the whole of any one lot be sold or
conveyed, provided that any lot may be subdivided into two or more portions, which portions shall
be owned by the respective owners of the lots adjoining on each side so as to become parts thereof.
13. Crail Valley Corporation and its successors in title may devote any lot or portion thereof, not already sold, for any constructions and uses which it, in its discretion, deems necessary in order to provide the subdivision with utilities.
14. It is understood and agreed, and subsequent grantees expressly agree by acceptance of the deed conveying any lot within this subdivision, that any portion of the restrictive covenants may be released, changed, modified or amended by a majority vote of the then property owners of this subdivision, including any additions thereto. Each lot owner, including Crail Valley Corporation, shall have one vote for each and every lot then owned by that lot owner within this subdivision, and within any additional section hereinafter added to this subdivision. The written and recorded modifications of these restrictions, signed by owners of a majority of the lots in the subdivision shall be sufficient to constitute an amendment of these restrictions without notification to any person or persons.
15. The invalidation of any one or more or any part of any one or more of the covenants and conditions set forth herein shall not affect or invalidate the remaining covenants or portions thereof.
16. All papers and instruments hereinafter provided for to be submitted to Crail Valley Corporation shall be delivered personally or by registered mail to Crail Valley Corporation, c/o Mr. Don Broadwell Box 3587; Fayetteville, North Carolina.
17. These restrictions apply only to Section 1 of this subdivision, In the event Crail Valley Corporation chooses to do so, it may subject additional property, adjacent to the property described in Section 1 of Crail Valley Corporation, to the same restrictions as are imposed upon this Section 1. A recorded instrument indicating this intention making reference to said additional plat, properly executed by Crail Valley Corporation shall be sufficient to accomplish this.
18. There is located adjacent to the property shown on the recorded plat Crooked Creek Section 1, which plat is recorded in Plat Book 8 at Page 57, Henderson County Registry, a lake and a park, the said lake and park being within a single outside perimeter and described as follows: BEGINNING at a stake in the easternmost corner of Lot 53, Section 1, of the Crooked Creek Subdivision as shown on plat recorded in Plat Book 8, Page 57, Henderson County Registry; thence with the golf course line, South 29 deg. 36 min. East, 290.64 feet to a stake; thence continuing with the golf course line South 09 deg. 49 min. West, 459.89 feet to a point; thence North 63 deg. 56 min. West, 481.39 feet to a stake in the eastern right of way margin of Crooked Creek Road; thence crossing the road, North 47 deg. 33 min. West, 65.09 feet to a stake
in the western right of way margin of Crooked creek Road; thence with a line above the high water line of the lake as follows: North 51 deg. 31 min. West, 305.29 feet; North 39 deg. 47 min. West, 71.24 feet; North 45 deg. 17 min. West, 65.76 feet; North 74 deg. 24 min. West, 127.27 feet; North 70 deg. 13 min. West, 143.19 feet; North 71 deg. 12 min. West, 193.69 feet; North 82 deg. 13 min. West, 122.13 feet; North 71
APPENDIX C: RESRICTIVE COVENANTS (continued)
deg. 13 min. West, 157.31 feet; North 67 deg. 16 min. West, 114.58 feet; North 21 deg. 27 min. West, 112.62 feet; North 03 deg. 52 mm East, 72.36 feet; South 44 deg. 44 min. East, 92.82 feet; South 53 deg. 04 min. East, 85.71 feet; North 66 deg. 56 min. East, 138.06 feet; North 88 deg. 10 min. East, 210. 06 feet; North 84 deg. 41 min. East 106.42 feet; North 72 deg. 32 min. East, 81.94 feet; North 35 deg. 10 min. East, 79.84 feet; North 13 deg. 38 min. West, 190. 07 feet to a stake in the South eastern right of way margin of a 60 foot street, said stake being the westernmost corner of Lot 98, "Crooked Creek", Section 1;
thence with the various lines of Lots 98, 99, 100, and 101 of "Crooked Creek", Section 1 as follows: South 40 deg. 52 min. East, 101.48 feet; South 35 deg. 08 min. East, 61.64 feet; South 34 deg. 53 min. East, 176.30 feet; South 36 deg. 38 min. East, 64.58 feet; South 53 deg. 38 min. East, 86.39 feet; South 51 deg. 26 min. East, 101.50 feet; South 78 deg. 55 min. East, 94.32 feet; North 69 deg. 50 min. East, 101.76 feet; North 38 deg. 56 min. East, 106.77 feet to a stake in the western right of way margin of Crooked Creek Road, said stake being the easternmost corner of Lot 101; thence crossing Crooked Creek Road, South 28 deg. 20 min. East, 207.88 feet to a stake in the eastern right of way margin of Crooked Creek Road at the southwest corner of Lot 53; thence with the southern line of Lot 53, North 84 deg. 30 min. East, 200 feet to the BEGINNING.
This lake and park shall be available for use by each and every lot owner of a lot in this subdivision, whether within a section shown on the presently recorded plat or whether a lot within a section of Crooked Creek shown on a plat to be recorded hereafter, subject to the following restrictions, which restrictions shall be enforced by the lot owners of this subdivision in the same manner as is above provided:
A. No building shall be constructed on the lake or on the park other than one building to be constructed on the park for the purpose of storage of maintenance or recreational equipment, provided that this building shall not be constructed without the prior approval of plans and specifications by Crail Valley Corporation or its successor and such approval which shall be in writing, shall apply to location of such building within the park.
B. The construction of one dock or landing per property owner on the shore line of the lake shall be permitted only in accordance with the following constraints and guidelines. (1) Prior to the construction of any new dock, property owner must obtain all necessary permits as required by Henderson County or the State of N.C. (2) the size (surface square footage of dock space over the water) shall be no greater than twenty five square feet, (3) a maximum of four supporting posts will be allowed in the lake bed, (4) no roofs, walls or overhead structures will be allowed as part of the dock, (5) the color of the dock must be natural wood-like color, (6) the dock owner at his/her expense must remove the dock immediately upon notification by the CCPOA Board that the lake is being dredged and/or repaired if the dock will interfere in any way with the lake repairs, and (7) prior to the construction or replacement of a dock, the property owner must submit a plan/design to the CCPOA Board for approval. The CCPOA Board my not withhold approval for the construction or approval of a dock if the proposed design of the dock meets the constraints and guidelines specified above. All docks that exist on the lake as of February 15, 2009 can remain as they are, however the will be subject to constraints (6) and (7) as described above. The CCPOA is empowered to take any steps it deems necessary to remove, at the property owner’s expense, any dock that is constructed or replaced after February 15, 2009, that fails to comply with the constraints and guidelines specified above. With the exception of swings and other recreational equipment for children in the park, and a possible future privately funded community dock or gazebo on the lake, no other structures shall be constructed in the park or on the lake.
C. Nothing shall be done around the margins of the lake which shall cause or permit erosion or a weakening of the dam or other margins of the lake.
D. No activity other than fishing or boating by the lot owners (within the limits set out below) shall be permitted on the lake. Canoes, rowboats, and sailboats shall be permitted on the lake. No boat propelled by any motor of any type except electric powered, whether inboard, outboard or otherwise, shall be permitted on this lake.
E. There is reserved to Crail Valley Corporation, or its assigns, the right to use water from the lake for the purposes of irrigation and watering of lawns, greens and fairway.
F. There is reserved to Crail Valley Corporation and its assigns, the right to install utilities across any portion of the park or lake, whether pipes, wires, or otherwise, and to inspect, replace, and maintain
G. Crail Valley Corporation or their assigns shall have complete control over the water level in the lake and may fluctuate this level or temporarily drain the lake for any purpose it may deem necessary.
19. No satellite television receiving antennas commonly known as "satellite dishes" exceeding 24 inches shall be erected, placed or maintained on any dwelling, garage or outbuilding erected on any lot, or portion of a lot or tract, improved or unimproved.
20. No person shall permit any dog or cat to be at large in the Crooked Creek Subdivision at any time. Dogs and cats are at large when the animal is off the premises of the owner or person who has custody of said dog or cat, and not constrained by a leash or under the immediate control of the owner or the person who has custody of said dog or cat.
21. No unsightly accumulation of grass, weeds, or undergrowth or unsightly vegetation shall be permitted on any lot or between lot and road pavement.
IN TESTIMONY WHEREOF, Crail Valley Corporation has caused this instrument to be signed in its name by its duly authorized officer and its official seal hereto affixed as the deed of said corporation, all by authority of its Board of Directors duly given, this 9th day of December, 1968.
CRAIL VALLEY CORPORATION
BY: s/ Elmer Gooden
s/ Ikon Broadwell
The following comments are not part of the consolidated covenants but are included here to provide a short history of their evolution.
1) The above consolidation is a typed copy of the original restrictive covenants as modified by amendments approved over the years from the origination in December of 1968 through October of 2002.
2) Execution of the original document, containing 18 numbered restrictions and limitations, occurred on the 9th of December, 1968. It was presented for registration and recording at the Henderson County Register of Deeds Office on the 12th day of December, 1968 in Book 462 at Page 360.
3) Execution of the amendment adding paragraph 19 was completed on 9 February, 1987 and presented for registration and recording at the Henderson County Register of Deeds Office on the 6th of July, 1987 in Book 701 at Page 569.
4) The amendment adding paragraph 20 was voted upon favorably by a majority of the property owners at the January 24, 1990 annual meeting. Formal execution of the amendment was completed on March 13, 1990 and presented for registration at the Henderson County Register of Deeds Office on the 30th day of March, 1990 in Book 753 at Page 859.
5) On the 5th of October 1994 at the annual October meeting of the Association, proposed amendments to paragraphs 3, 4, 7 and 19, and the addition of paragraph 21 were approved by a majority of the property owners. Execution of the amending document was completed and presented for registering and recording at the Henderson County Register of Deeds Office on the 6th day of December 1994 in Book 858 at Page 721.
6) The amendment modifying paragraphs 7 and 19 a second time was voted upon favorably by a majority of the property owners at the January 21, 2002 annual meeting. Formal execution of the amendment was completed and presented for registration at the Henderson County Register of Deeds Office on the 4th day
6) of October, 2002 in Book 1114 at Page 571.
7) Three other covenant instruments were executed between February 15th, 1971 and December 14th, 1973 (these are documented in the "Crooked Creek Chronology"). Each brought another section of the Subdivision under the protective cloak of the original restrictive covenants. A deed for what is known as Section V, was recorded December 28th, 1979 in Book 584 at Page 691, and subjected Section V to the same restrictive covenants applicable to the originally described subdivision tract. Although execution of such documents did not continue, it is the legal community's conclusion that all sections of the Crooked Creek Subdivision, including sections VI and VII, are subject to all of the restrictions and limitations listed in the above consolidation. Title opinions rendered for all lots in these last two sections reflect this judgment.
8) Execution of the amendment Appendix C section 18 (B) was completed on March 12, 2009 and presented for registration and recording at the Henderson County of Deeds Office on the 13th of March, 2009 in Book 1389 beginning on Page 513.
LIMITS HELP US TO LIVE AND GROW TOGETHER
CCPOA RULES OF OPERATION
Approved October 25, 2005
Amended October 25, 2007
The following may be amended, repealed or replaced at any association meeting by a majority vote in person or proxy, or by mail ballot providing a quorum is represented.
I: RESERVE FUND
The Board of Directors may expend up to $5,000.00 for a bona fide emergency without prior approval by the association membership. Any such expenditure shall be explained and justified at the next association meeting. Authorization to exceed this limit shall be voted by the association membership in a stated or special meeting, or by mail ballot.
II: ANNUAL DUES ADJUSTMENT
The proposed Budget for the calendar year is presented for association approval at the January Meeting. Following any changes to the individual planned disbursement accounts during the approval process, the dues shall be adjusted to maintain the projected year end operating cash balance to at least $2500.00. A balance less than that would indicate the need to increase the dues to raise the balance to $5,000.00.
III-GIFTS TO THE ASSOCIATION
Any gifts presented to the Association must receive approval by the Board of Directors. Board recommended use of the approved gifts shall be presented to the membership for their approval at the next stated or special meeting.
A member having one or more proxies for use at a stated or special meeting, shall present them to the Secretary of the Association to be registered and given a voting card bearing the total number of votes the member in attendance may exercise, including his/her own. The secretary shall verify the standing of the member in attendance and those assigning a proxy, which shall be limited to three. Thus, the maximum number of votes that may appear on the card is four.
The voting card when displayed will be used to count votes represented by the bearer.
Assembling all of these pages from the front cover to the back for the first edition in 1990 was long overdue. The updating in 2003, 2008 and in 2010, which this edition represents, also emerged later than anticipated but continues to provide in printed form, the road map for our community.
A "Focus On Our Community" clearly points out how truly exceptional it really is and some of the elements involved in its maintenance and growth. All that remains is to keep it on course and, for all of us to challenge ourselves to make it better than ever before. It is not the responsibility of a few but rather of everyone who owns a residence or vacant property in Crooked Creek.
Our present and future Board of Directors will need the full cooperation of every association member to accomplish the tasks of our continued commitment to community excellence. Please support them in every way humanly and economically possible as reasonably requested.
HUMAN RESOURCES ARE THE
BACKBONE OF EVERY IDEA
LAKE and PARK USE RULES and PERMIT
CROOKED CREEK LAKE AND PARK USE RULES
(Adopted 7 November 1984)
3. Lakeside property owners are free to permit unaccompanied local guests to fish, but only from host's property, and are urged to provide off-street parking.
(Adopted 25 January 1989)
1. Property owners and their guests, up to ten people, can use the park or the lake at any time (in accordance with the above rules).
2. When the guest group exceeds ten people, a use permit must be secured before the planned use date; a two week lead time is advised.
(Adopted 25 January 1989)
1. Establishes conditions of use.
2. Requires approval by three directors (President or Vice President and two others).
3. Requires property owners adjacent to park be notified after approval of the permit and prior to the planned use. At least three days advance notice is desired.
PERMIT FOR THE GROUP USE OF
CROOKED CREEK PROPERTY OWNERS PARK
Name of Group: Number in Group:
Date & Time of Requested Use:
CONDITIONS OF USE:
Permit for Group Use must be submitted for approval preferably one week prior to use date requested. Permit must be approved by the President or Vice President and two other directors of the Crooked Creek Property Owners Association.
Applicant agrees that any damage to Association property will be corrected by the group or the applicant.
Vehicles should be parked only on the edge of the road on the dam rather than in front of residences.
The following activities are forbidden:
-Abusive or foul language
-Conduct offensive to Crook Creek residents
-Use of alcoholic beverages or illegal substances
-Fishing or boating
-Camp fires or cooking fires
The area must be cleared of all garbage and trash generated immediately upon completion of group activities.
Upon approval of this permit, the signing directors shall assure that each property owner adjacent to the park is notified of the proposed use preferably three or more days prior to the planned use date. The property owners to be so notified shall include those at each end of the upper and lower sides of the dam.
I have read and understand the above conditions of use and will ensure that the above named group will abide by them.
Applicant’s Signature: Date:
Director’s Signature: Date:
Director’s Signature: Date:
Director’s Signature: Date: