President’s Letter
With Ballot for Modifying Covenant #12
Dec 2013
Season’s greetings to all! I hope you can spend some of the holidays in our wonderful mountain retreat. Your Beautification Committee has done an excellent job of decorating the entrance and sign posts throughout the communities. All that is needed now is some SNOW. A hardy HO HO HO and thanks go out to Holly Black for hosting the annual Holiday Party. If you were not able to attend you missed much delicious food and even better
fellowship.
At the Annual Meeting of the Club, I expressed my gratitude to the two board members that were stepping down after completing their term. To reiterate so you will know of the dedicated service of these two folks:
Ed Tisdale while serving as your secretary has been instrumental in updating the methods that the Club uses to communicate with members and the public. He has developed the club’s website and maintains it. The site allows the public to get a glimpse into the activities of the community and properties for sale. In the members only pages we are able to find rosters, minutes of meetings, financial reports, budgets and much more. Ed insisted on
eliminating as much snail mail as possible. Only about 20 members receive communications via USPS which saves the club significantly on postage cost. Ed has agreed to continue as our webmaster, and he is assisting in checking the club’s mailbox.
Dave Crocker has served as chairperson for the Roads Committee. He has managed the repaving project. To date approximately $200,000 worth of paving has been completed. Once the dam repair project is completed additional paving can be done. There is a good chance that Dave will be in charge of that project based on the excellent job he has done.
WINTERIZING
A reminder that it is every homeowner’s responsibility to turn off the water to their home before leaving for any extended absence. A burst waterline can cost the community as pumps run as a result of the leak. Cost can be huge for a homeowner if the leak is inside of the structure. An excellent article on winterizing a vacation home can be found at: http://www.wikihow.com/Winterize-a-Vacant-Home
ASSESSMENTS
Late in October you should have received assessment statements for year 2014. You are encouraged to remit your payment as early as possible. Due date is January 31, 2014. If you desire a payment plan to spread the payments over a period of time, contact Susan Sciullo at:
treasure@indianlakeclubinc.com
(Mobile) 404 863 0145
Mentioning assessments reminds me of the owners who have their property on the market. Good news to report to you. After several years of virtually no property sales, the last few months have seen a flurry of sales. Most sales have been on homes, but some lots have sold. Hopefully, the economy will continue to improve allowing owners who want to sell to achieve that goal, and new owners may bring new growth to the community.
ARCHITECTURAL CONTROL REGULATIONS
Under the leadership of Michael Gould, the Architectural Control Regulations have been reviewed and updated. You can review the entire document on the Club’s web site under “Other Info” on the home page:
To summarize the changes:
- Language change to clarify the setback requirements when a structure is built
- Clarified that mobile homes, recreation vehicles or trailers are not approved as permanent or temporary dwellings
- Enumerated the requirements for protecting the environment with silt fences and other erosion control methods when performing a Perc Test.
- Added metal roofs as an approved roofing material but they shall not be shiny or reflective.
Please familiarize yourself with ALL of the Architectural Control Regulations before any construction or land clearing. To request permits and fee schedules contact Michael Gould at:
mgould@thermopro.com
678-520-7559
BOARD’S FOCUS
Focuses of your Board of Directors are:
- Spillway Repair Project:
- With NCDNR approval repairs will start early spring. Total cost cannot be determined until the earthmovers arrive and uncover the area around the spillway.
- Algae bloom in Rainbow Lake:
- The bloom has greatly decreased with the onset of colder weather, but there is no reason to suspect that it will not return in the spring. The Lakes and Dam committee has reached out to a consultant and to NCDNR for advice on controlling the algae. The investigation is ongoing.
- Culverts and ditches:
- Work on erosion control should begin in December. November leaf pickup has been delayed because of weather. If the weather cooperates they will be removed the week of December 9, 2013.
COVENANTS – PROPOSED CHANGES
Dave Crocker has requested that the Protective Covenants for Indian Lake Estates be revised to allow a limited number of chicken hens to be maintained at residences in the community. An informational bulletin that he has furnished is attached. The bulletin expresses his views. The Board is not taking a position in this discussion but would like to communicate the following points to be considered before casting ballots.
- While Dave had suggested a limit of fifteen (15) hens per lot, the Board has determined that the maximum number of hens should be set at five (5). This was based on research that indicated limited potential for environmental pollution from five hens.
- The Board expressed some concern about the environmental concerns that could arise if a large number of property owners were raising hens. These concerns revolve around water quality issues regarding animal waste, particularly on waterfront lots. It was felt that this was a low risk since only permanent residents would have hens and the limited number of hens that can be kept on a lot..
- Enforcement of the covenant and associated architectural control regulations may present a problem.
- The city of Brevard and other municipalities have passed ordinances that permit hens inside the city limits.
Some of Dave’s recommendations are based on Brevard’s ordinance.
- There is some concern that housing of hens in the community may attract predators (fox, snakes, etc) to the community, but we have no documentation to prove that this will cause a problem.
Modifications to the Covenants is controlled by the North Carolina Planned Community Act – Chapter 47F.
You can review the law at:
http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bychapter/chapter_47f.html
The covenant specifically excludes poultry per section 12. The covenant may be amended “only by affirmative vote or written agreement signed by lot owners of lots to which at least sixty-seven percent (67%) of the votes in the association are allocated or any larger majority…” This procedure is required by the North Carolina law referenced above.
Present Covenant:
COVENANT 12 – ANIMALS: No animal, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that a reasonable number of dogs, cats, or other household pets may be kept, provided that they are not bred or maintained for commercial purposes.
Guideline:
a) a reasonable number of household pets shall not exceed three (3)
b) Reference Covenant 11 above for guidelines as to animal behavior
Proposed Revision:
COVENANT 12 – ANIMALS: No animal or livestock of any kind shall be raised, bred, or kept on any lot. No poultry of any kind except as noted under exceptions shall be raised, bred, or kept on any lot.
Exceptions:
- a reasonable number of dogs, cats, or other household pets may be kept, provided that they are not bred or maintained for commercial purposes.
- a reasonable number of caged chicken hens (NO roosters) may be kept provided that they are not bred or maintained for commercial purposed.
Guideline:
a) a reasonable number of household pets shall not exceed three (3)
b) Reference Covenant 11 above for guidelines as to animal behavior
c) a reasonable number of chicken hens shall not exceed five (5)
Thoughtfully consider this proposed change to your covenant and then vote your convictions. We should allow as much personal freedom for owners to use their property as they see fit as long as their use does not adversely affect the community. Some restrictions have to be in place to protect the value of our investments.
If you have questions or comments, please feel free to contact any of the Board members for clarification before you vote.
Most importantly VOTE!
Everett Bedenbaugh
President, Indian Lake Club, Inc.
(Mobile) 864-980-3349
Next Board of Director Meeting
February 22, 2014
Lake Toxaway Firehouse