2013 Update on Amending Article X of the Restrictive Covenants

PLANTATION ESTATES HOMEOWNERS' ASSOCIATION

(PEHOA)

P. O. BOX 2284

SWANSBORO, NC 28584

 

 

April 10, 2013

 

 

Dear PEHOA Members,

 

This letter is an update on the issue of amending the Restrictive Covenants to permit the keeping of laying hens within Plantation Estates.  While the Board appreciates the work that has been undertaken by Whip Wilson, John Gott and others and the reported interest in this issue, this covenant change will not be moving forward at this time.

 

The bottom line is money and our bottom line is not in very good shape.  The budget for 2013-2014 will be sent with the notice for the Annual Meeting scheduled for May 4, 2013, at 10:00 A.M.  PEHOA will have $5,000.00 from dues on which to operate for 2013-2014.  This reduction in money is the result of crediting members $100.00 toward the annual dues for the payment of $300.00 to finance the resurfacing of the second section of Plantation Drive.  The operating expenses budgeted for 2013-2014 is $5,075.00.  Dues are scheduled to return to the normal $200.00 per year in 2015.

 

After e-mail and face-to-face consultations with Frank Erwin who is the attorney  for PEHOA, the attorney fees to amend the covenants would range from $1,200.00 to $1,500.00.  In good conscience, the Board can not justify this expense at this time.  Maintaining Plantation Drive is the top priority at this point in time.  The cost of this project could easily be $29,749.00 (this was the cost of the last resurfacing) or more, depending on the price of oil.  It will be years before the final resurfacing project can be undertaken. 

 

When covenants are amended, it must be in a form which is recordable and this requires the services of an attorney.   The process will require lot owners to sign (husband and wife, if they are the owners) and have the execution individually notarized.  The original execution is then sent back to the Board and these along with the amended covenants will be recorded with the Register of Deeds.  Lot owners will then receive a copy of the amended covenants.  Any other process to amend the covenants will not stand.

 

Again, the Board appreciates the interest generated by the prospect of keeping laying hens, but the covenant change that would make this possible is not feasible at this time.  Article X of the Restrictive Covenants dealing with livestock and poultry will remain in effect.

 

 

Sincerely,

 

Duane Jastremski,

PEHOA President