Living in the Neighborhood

Financial Report for 2006 - Summary

As previously promised, a copy of the 2006 Financial Summary is included at the end of this newsletter. The neighborhood ended close to budgeted amounts in 2006. The report includes a summary of Common Area and Townhome Peer Group finances, including the balance at the beginning of 2006 and the balance at the end of the year. Tom Fischer, Association treasurer, has tried to make this simple and understandable without including pages of detail. Income is primarily from assessments. Expenses are listed under general headings. Please understand that although the reserve balance shows a net increase, particularly in the Peer Group summary, this does not indicate that the Association is collecting excessive fees each month. The reserves are expected to grow and be spent according to current and future planned maintenance items (i.e.: roof replacement, painting). A copy of the full report is available for review by contacting Tom Fischer.
Norm Reid, treasurer from August 2005 until August 2006, and Tom Fischer, current treasurer, are both to be commended for a well controlled budget in 2006.

Violations Policy & Associated Fines

In the Covenants of New Neighborhood, Article VIII covers “Association Powers and Responsibilities.” Section 8.4. of that article specifically covers “Compliance and Enforcement.”

8.4(a) Every Owner and occupant of a Unit shall comply with the Governing Documents. The Council may impose sanctions for violation of the Governing Documents after notice and a hearing in accordance with the procedures set forth in the By-Laws. . . .

To this point, the Association has been able to deal with most situations without imposing sanctions or fines. In fact, there was no clear schedule of fines or assessments set forth for violations that were not corrected. The Covenant Committee has worked many hours to review the Covenants, By-Laws, and Canons of Conduct in order to recommend changes where needed and to develop a reasonable fine schedule. As permitted under North Carolina General Statute 47F, the Association has the right to impose fines if necessary to achieve compliance with rules and regulations and only the Council of Stewards has the right to impose or waive such fines. To that end, the Council of Stewards approved the “Summary of Common Violations & Associated Fines” submitted by the Covenant Committee at the February regular meeting. A copy of this table is included on the last page of the newsletter.

This does not indicate that the Association intends to develop a neighborhood “Police State” by imposing fines and sanctions on a daily basis. It does, however, give the Council a basis for handling problem situations in the future. The Association requests the cooperation of all owners and residents. With enforcement guidelines in effect, the Covenant Committee will continue review of and possible changes to Governing Documents. In the meantime, residents and owners are expected to comply with neighborhood restrictions.

Neighborhood Covenant

The Covenant is the primary document outlining restrictions and regulations for our community. All owners should have been given a copy of the Covenant at the time of closing. If you were not given a copy or cannot locate these documents, you may obtain a copy from Abbott Enterprises, Inc. at a cost of $35.00 ($15 handling fee to Abbott and $20 copy fee to the Association). If you have not already done so, it is important to take time to read these documents.

The Covenant Committee meets on the first Wednesday of the month. As issues are discussed and questions regarding restrictions develop, the newsletter will highlight parts of the Covenant and keep residents informed. If you have input, please contact Shannon McLean (smclean@bellsouth.net or 704.895.9117), Chairperson for the committee, or Sam Coleman (scoleman2@adelphia.net or 704.896.8177), Council of Stewards representative on the committee.

Crepe Myrtle Trimming

Several neighborhood residents raised a question this year regarding why the crepe myrtles were not pruned as they were during the past year. The Association landscape contractor has informed us that most arborists, including the Charlotte arborist, no longer recommend pruning. It promotes more growth and a heavier canopy, which may not be appropriate to most settings in the neighborhood. Such pruning also causes a condition called knuckling where a knot is formed from topping each year and where new shoots branch out.

If there is a need to prune or trim crepe myrtles or any other shrub because of interference, please contact the Landscape Committee and the problem will be resolved.

Reminder - Yard-of-the-Month – 2007

Yard-of-the-Month judging begins at the end of April for the month of May and will continue through October. Winners are selected among single-family homes. The home will be selected one or two weeks prior to the month of the award and will be featured in the newsletter and posted on the website. Please refer to the article in the March newsletter regarding criteria established by the Selection Committee (representatives from the neighborhood). Be a winner of the “Star of Excellence” in 2006!

If you have questions or suggestions regarding this plan, please call Donna Howell at 704.987.0363.

Giant Frog Found in Wetlands Area

The sudden warm-up and unusually high temperatures have apparently brought out more than spring buds and the gentle sound of birds. Residents who live around the wetlands basin below Forest Park (at the corner of North Faulkner Way and O. Henry Avenue) are well aware of the loud “peeping” created by the many frogs in that area. Recently, one of the neighborhood’s new residents reported a much deeper, throaty croak. The noise started in early-March and has seemed more prominent as the weather became warmer.
The neighborhood has been working closely with North Carolina extension agents in maintaining the health of our two wetland areas. On a trip in mid-March by one of these agents, an amazing discovery was made. A giant frog was spotted around the concrete invert at the east end of the basin. The frog was estimated to measure approximately two feet long by over one and a half feet wide, without legs extended! This appears to be an incredible find, but has posed some concerns by zoology and nature experts who subsequently drove here from Raleigh. Arthur M. Fibians, chief animal expert for the Raleigh Institute of Rare Phenomenon, was reported as saying, “Although a marvelous and rare species, we really must be cautious here. This creature probably weighs in excess of 50 pounds and may be able to jump as much as 25 or 30 feet from a squat. It would not be a pretty sight to see this critter jump out of the pond.”

Randolph W. Artz, another N.C. naturalist, seemed more concerned with the frog’s source of food and potential aggression if it became hungry. Mr. Artz stated, “It is unlikely that this animal can survive on bugs and vegetation alone. Have any neighbors noticed the disappearance of small dogs or pocket pets? We suspect it to have possibly evolved to a meat-eater, similar to many animals in the days of dinosaurs.”

Since the mid-March sighting, the frog has no longer been seen, although the sound is still there in the early- evening and night. Officials now believe that the wetland environment may be exceptionally well suited to wildlife and would not be surprised to see other larger than normal species such as snakes and lizards. Although such a sighting has not occurred in the wetlands area below Ashby Park, similar concerns are not out of the question there.

Animal Control officials in Davidson have stated, “We don’t do frogs. This is a clear call for experts. Can you imagine the wart problem something like this might cause? We just aren’t trained for such things.” A team of state experts is being assembled to further study this creature and assess the danger. Until such time as the wetlands are considered safe, residents are asked to keep small pets and toddlers away from each wetland basin. If you have further information or see anything strange among the cattails, please contact the Raleigh Institute at 555.APR.FOOL.

SPINN 2007 Plans Being Finalized
Volunteers Still Needed!

SPINN (Spring Party in New Neighborhood) is scheduled for Saturday, June 2 (rain date – Sunday, June 3). Adria & Woody Appleby are the chairpersons this year and are receiving help from Dave Stout & Shannon McLean, Brian & Teresa Furlong, Shannon Boyle Sukits, and Norma Stewart. Steve & Kathy Watts and Bob & Jo Herman have agreed to organize the children’s activities. There have been two planning meetings so far and the event is pulling together nicely. There will be a change this year in format, but the committee thinks this will be a winner! The set-up will be more in line with the Concerts on the Green, but in a more relaxed setting. A local Bluegrass Band has been contracted for music. Hamburgers and hot dogs with all the fixings will be provided by the Association. Attendees will be asked again to provide side dishes (snacks, salads, vegetables, drinks, and desserts). As in the past, more details will be included in later newsletters and in a flyer that will be distributed at the end of May. Rather than having the formality (and cost) of tables and chairs, residents are requested to bring folding chairs, blankets, and whatever else will make this a fun experience for all. Cooking will start at 5:30 p.m. Children’s (and adult) games will begin at 4:00 p.m. Plans are underway for a “Neighborhood Doggie Fashion Parade,” juggling, face painting, water fun, and much more.

SPINN is an annually budgeted event supported by the Neighborhood Association. However, it does require volunteers throughout the neighborhood. Cooks (“grill sergeants”) are a must – no previous experience necessary. Door prizes will be given based on a drawing of sign-in tickets, so greeters for tickets and name tags are also needed. If we have enough volunteers, we can limit volunteer work times to 30 minutes and allow all to have fun. We are also looking for people willing to loan grills (with gas or charcoal) for use. The following may seem like an odd request (because it is), but do you have a tricycle to loan for what may be the first annual “Adult Trik Trek?” Details are unavailable at this point.

If interested in volunteering or helping with these needs, please contact the Appleby’s at 704.655.9717 and attend the next planning meeting on April 19.

This is a great way to celebrate New Neighborhood each spring and to meet both old and new neighbors. “Let’s SPINN Some Fun in 2007!”

Party Walls & Other Shared Structures

Our community is one of close neighbors and shared living space, particularly among townhome owners. In Article XIV of the Covenant, there is a little known section applicable to what is defined as “party walls.” As defined in Section 14.1: “Each wall, fence, driveway, or similar structure built as part of the original construction on the Units which serves and/or separates any two adjoining Units shall constitute a party structure.” Although for townhome units, there may be other examples, one area fitting the definition includes one wall of enclosed patios that functions as the outside wall of the adjoining unit. Unlike interior walls that are constructed as two separate walls with an air space between them, this section is of single wall construction. Any modifications that a patio owner may make to or along that wall could impact the outside structural integrity of the adjoining townhome.

To that end, it is extremely important that any modifications to this wall be approved by the Architectural Review Committee in advance of work. Even though interior patios do not always have visibility from the streets and byways, modifications to this wall could affect moisture control and insulation for the neighbor next door.
This issue has already surfaced in one situation and there may be other cases that have gone unnoticed. If there are any doubts about applicability of this section of the Covenant or for any architectural modification or landscape change, please contact Luann Christine (704.987.1527 or luann42@bellsouth.net), Chairperson of the Architectural Review Committee.

Newsletter Delivery Volunteers

Many thanks are due our newsletter delivery team. March volunteers included Adria & Woody Appleby, Barbara Doster, Tom Fischer, Norm Reid, Dave Smith, and John & Marcia Williamson.