FAQ

A homeowner association is a non-profit corporation that is created by the developer when a community is in the planning stages.  Membership in the homeowner association is mandatory, and you automatically become a member upon purchasing your home.
 
Each homeowner association has its own governing documents in the form of restrictive covenants, bylaws, architectural guidelines, rules and regulations.   The restrictive covenants prepared by the developer are filed on the deed records and are legally binding.   The restrictive covenants are intended to define the standards of the community for the purpose of protecting and enhance the value of the association.
 
The association has shared amenities as the playground and pool.  The cost of operating and maintaining the community amenities as well as other expenses are paid by the members in the form of assessments (dues).  The assessments are mandatory and failure to pay them typically leads to fines, restriction of services, property liens, and can ultimately include foreclosure.
 

Board members have many functions that they jointly share, including establishing the association’s budget and maintaining adequate reserves; levying, collecting and spending association assessments according to the association’s approved budget;  regulating the use, maintenance, repair, replacement and modification of the association’s common elements and units; retaining and supervising property managers; passing and enforcing any appropriate rules and regulations to protect the health, safety and welfare of the associations’ homeowners; enforcing the association’s declaration and bylaws; seeing to the fulfillment of the association’s disclosure obligations and annual meetings and upon unit re-sale; and ensuring the associations is properly insured, all in addition to the day-today management of the association’s activities.

Extracted from Thomsen * Nybeck Attorneys at Law; Roles and Responsibilities of Homeowners’ Association Board Members, http://www.tn-law.com
 

A proxy is a form that is used to authorize an individual or Board of Directors to vote in your absence at a meeting.  It is a way of attending the meeting and voting without having to be physically present.

 

FACTS about the Proxy:

If the designation line is left blank, it will automatically be voted by the Board of Directors.  If you designate your proxy to someone and then attend the meeting, your proxy is not used because your presence renders it unnecessary.  By signing over your proxy to an individual, you entrust them to vote the way you wish for them to vote.  If a proxy is designated to the BOD, you entrust them to vote your proxy wisely how they see fit.

A quorum is a specific number of people plus proxies needed in attendance at a meeting for the meeting to be offially called to order.

 

Facts about the Annual Meeting Quorum:

Requirements are defined by the "Amended Bylaws" as 10% of the Home Owners Association.  Therefore, to meet the quorum for Braxton Village, a combined total of 62 physically present home owners* plus proxies are required before official business can be conducted.

 

*A home owner equals one physical address.  Only one person can vote per address.

To contact the HOA Board of Directors, go to http://www.braxtonhoa.com  Click on the “Contact Us” link.
To contact the management company, click http://rsfincher.com/contact.html
 

When you purchased your home in Braxton Village and moved into your residence, you received a packet that included the covenants of the community.  These covenants have been designed to ensure that your community remains a wholesome, pleasant place to live and to keep the property values high. 
 
The management company conducts routines inspections of Braxton Village.  When they observe discrepancies on your property as they pertain to the maintenance expectations of the Homeowners Association, a letter is sent to the owner to make corrections to the discrepancy.  There is a 14 day window to become compliant with the covenants before fines and penalties are levied on the property.  If you are unable to comply within the 14 days, call R.S. Fincher at 919-362-1460 before the compliance due date to avoid additional fines.  DO NOT IGNORE the letters.  Take action to correct the problem or schedule an appointment with R.S. Fincher to resolve the issue.
 

• Online by eCheck: Both single payments and recurring payments can be made.  When setting up recurring payments, dates need to be chosen each year, but can be changed at any time to meet your needs.*

• Online with a credit card (using a credit card will incur a small convenience fee by the financial institution of 3.75%)*

• Bank auto-drafts: These are processed on the 15th of the month.  If you intend to auto-draft your bank account monthly, contact R.S. Fincher at 919-362-1460 or info@rsfincher.com, and they will guide you through the process.  You will need to complete the following form and attach a voided check http://rsfincher.com/communities/common_files/auto_draft_form.pdf

• By Mail: Coupon book payments should be mailed to RS Fincher in the form of a check and should include the payment coupon before the due date in order to avoid late fees.  These payments should be mailed to:

 

Note: Legal fees can add up to cost more than the annual assessment amount.  Avoid the legal hassle and pay dues on time. Each month past due you will incur a $2.88 late fee as well as the $5.50 collections letter.
 

When a home closes, R.S. Fincher charges a $50 "certification fee."
 

When attending a monthly board meeting please write your name and subject matter on the available sign-up sheet prior to the start of the meeting.  You may also contact R.S. Fincher prior to the meeting and have your name and question placed on the agenda.   

 

At each monthly HOA meeting, there is an open forum at the beginning of the meeting. You will be called upon to address the board with questions or concerns.  Please be specific with your question as you may only be given three-five minutes to speak, depending on the number of residents who wish to speak.  We may have to cut you off in the interest of time.  Not all questions asked will get an immediate response.  When the floor closes for public comment, the Board of Directors will continue to conduct the meeting and there should be not interruptions from the community while the floor is closed. 

 

Meeting attendees should observe and listen while the Directors conduct the meeting without interruptions.  Interruptions during the meeting could result in the person being asked to leave.

Home improvements require approval from the Architectural Committee prior to signing any agreements with contractors, builders, work crews, etc.  Go to http://braxtonhoa.com and click on the documents link.  Download and complete the Architectural or Landscape Request Form.  Submit the completed form to the address at the top of the application.  Some property lines that border Duke Energy may have additional restrictions and you should call Planning and Zoning Department at 919-557-3908 before you build.

• A narrative description of the proposed improvement change, citing materials and color(s) to be used, and the reason for the change/addition.
• Drawing(s) showing all proposed improvements including relationships to existing structures, landscaping and lot lines. At least two drawings (before and after) are needed to clearly show proposed improvements including existing structures.
  • Plot Plan (top-down view) which can be drawn either on your lot survey or drawn with appropriate and accurate measurements.
  • Elevation(s) - Pictures are helpful here.
• The owner is required to review the proposed changes with all abutting neighbors. Abutting neighbors include any neighbors whose property line touches your property, including side yards and backyards, but not across streets.  The review of the neighbors is not an approval or disapproval, but merely a notification to the neighbors that a change is being requested. This can be done by having the neighbors sign the architectural request form or by sending a letter by mail to the neighbor (please retain a copy of any letters to submit with your request).The signatures indicate that the neighbors are aware of the change, and they understand they may come to the next Architecture or Board Meeting to voice their opinion on this request.

If you are unable to have your abutting neighbors sign your architectural request, the second option is to send a letter via USPS Certified Mail.  You can then attach a copy of your letter, any additional documents mailed, and the certified mail receipt to your architectural request prior to sending to R.S. Fincher.

Per town of Holly Springs Code, residents may hold up to two yard sales that cannot exceed three days in duration per calendar year.  

 
If you have questions, please call the Town of Holly Springs (919) 557-3907 or visit www.hollyspringsnc.us/yardsale
Town of Holly Springs Department of Planning and Zoning & Department of Code Enforcement
P.O. Box 8
128 S. Main Street
Holly Springs, NC  27540

It is against town ordinance section 12-66 to permit an animal to be at large.  The animal control department shall confiscate any animal found to be at large and impound such animal at the county animal shelter.  State law G.S. 67-2 et seq.
 
Section 12-78 of the town ordinance states the it shall be unlawful for the owner or custodian of any dog to leave its feces on public streets, sidewalks, town parks, other town property or the property of another without the permission of the owner of the property.  Contact animal control at 919-557-9111.
 

The Town of Holly Springs has a noise ordinance which restricts the disruption of a person’s wellbeing.  "...It is unlawful to disturb residents between 11 p.m. and 7 a.m. with excessive and unnecessary noise. To report a problem with noise occurring during these hours, call police."
 

The noise ordinance is enforced by the Holly Springs Police Department and they will enforce the ordinance at the time it is violated.  I suggest you call the non-emergency number at 919-557-9111 the next time they violate the noise ordinance time frame.  This also includes barking dogs in accordance with section 12-74 of the town Ordinance. Additional information can be found on the Town's website at:  http://www.hollyspringsnc.us/   Click on "Services”; Click on "A-Z Guide"; Click on "N"; Click on "Noise Control"
 

The pool is open for all swimmers at 8:00 a.m. and will close at 9:00 p.m.  Strength and conditioning swim is available from 6:00 a.m. until 8:00 a.m.  No other types of swimming is allowed during the 6:00 a.m. until 8:00 a.m. time frame.  The pool will open for the 2015 season on Saturday May 16, 2015 and will close for the season on September 13, 2015. The Pool rules are located on the Braxton Village website.  Click under documents to locate the pool rules.

Call R.S. Fincher – (919) 362-1460.  If your account is in good standing, therefore, no fees, no fines, and HOA dues are paid, you can receive a pool card key.  Each household in good standings will receive one free pool key.  Additional pool keys can be purchased for an additional fee.  Lost key card replacements will also require a fee.  Defective key cards will be replaced for free.
 

Under Braxton Village’s Pool Rules, animals are prohibited within the fenced area of the pool.
 
The Americans with Disabilities Act (ADA) has defined, “comfort,” “therapy,” or “emotional support” animals do not meet the definition of a service animal because they have not been trained to do work or perform a specific task related to a person’s disability. The ADA does not override public health rules that prohibit dogs in swimming pools, but they must be permitted everywhere else. Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.
 
Wake County Environmental Services responded on Service Animals at the pool. If it is truly a service animal then it is allowed on the deck as long as provisions are made for cleaning up of feces. The animal should wear their approved service vest.  The dog shouldn't be swimming with the person. The pool will need to be closed and treated if the animal enters the water.
 

The Braxton Villages covenants state: “…vehicles shall not be habitually parked in the street…” 
In accordance to Holly Springs Town Ordinances, section 12-508 states “Stopping, standing or parking prohibited in certain places:”
(2) Within 15 feet of an intersection or in front of a private driveway
(4) Within 30 feet of any flashing beacon, stop sign or traffic-control signal located at the side of a street or roadway
(10) Within 25 feet from the intersection of curb lines or if none then within 15 feet of the intersection of property lines at an intersection of highways or streets
(11) Upon any area designated as a fire lane or within 15 in either direction of a fire hydrant.
(13) Within 15 feet in either direction of a mailbox located adjacent to any street or highway, between the hours of 9:00 a.m. and 5:00 p.m., every day except Sundays and federal holidays
 
Officer Laws of the Holly Springs Police department also stated that driver side curb parking is illegal.  Therefore, you cannot park on the opposite side of the street facing traffic.
 
If vehicles continually violate the parking ordinances of the town, please contact the police department and they will investigate.  Photos, dates, and times of the incidences would be accepted by the police officer.
 
Town ordinances can be found at http://www.hollyspringsnc.us/
click the left side menu called "Municipal Code"

Back in late 2010, the Town of Holly Springs received a special grant for traffic enforcement.  In February 2011, the grant money was used to create the Traffic Negotiation Team (TNT).  This unit was dedicated to enforcing traffic safety, speed limits, and other moving violations in Holly Springs.
 
To report speeding in a certain areas of the subdivision, contact the police department to file the complaint.   The number is 919-557-9111.   Please note the time of day, day of week, street name, intersection, or particular street address where the problem occurs.  The TNT will conduct an operation at that location when time becomes available in their schedule.
 
Speed trailers can also be requested by contacting Lieutenant Robert Parrish of the Holly Springs Police Department.
 

The Town of Holly Springs and NCDOT are responsible for all roads, road signs, and speed bumps in Braxton Village.  If you feel like a speed bump should be on a specific road in our community please contact the traffic division of Holly Springs at 919-552-5920
 

Street trees were originally installed by the developer or builder as required by the Town of Holly Springs.  As a homeowner, it is your responsibility to maintain your street tree(s) and ensure that through sound pruning techniques your street tree will be something for you and all your neighbors to enjoy.  If a street tree dies on your property or the easement on your property you are responsible for replacing the tree with a tree of the same species as the one that died.  For example, if a red maple was the tree to die or be removed you need to plant a red maple.  If you do not know the species of tree that died, contact the Department of Planning and Zoning to confirm the species
 
If the dead tree is in the common areas of the community, contact RS Fincher to report the dead tree.  If the dead tree is on the property of Duke Energy, contact them to report the issue.  Click this link for a one page document on how to prune your tree.

 

Planning a party on your neighborhood street? Remember, if you want to close your street to traffic, apply for a free permit first. http://www.hollyspringsnc.us/658/Street-Use-Permits.  Second, once you have approval from the town, inform the HOA with the details.  Send a message to braxtonhoa@gmail.com