Homeowners' Association

Frequently Asked Questions

These answers summarize the Declaration of Covenants, Conditions and Restrictions (the “CC&Rs”) and the Bylaws. Both are recorded together with Durham County in Book 3444, pages 531 to 571. Each answer links to the page it comes from. These answers are general guidance only. The recorded documents are the final authority, and North Carolina’s Planned Community Act may also affect how some rules apply. Questions? Email board (at) providenceridgehoa (dot) org.

Dues and Assessments

Do I have to pay HOA dues?

Yes. When you take ownership of a lot in Providence Ridge, you agree to pay the annual assessment. If it isn’t paid, it becomes a lien on the lot and a personal debt of whoever owned the lot when it was due.

Source: Declaration, Article Four, Section 1, page 7

How much are dues, and when are they due?

The board sets the yearly amount at least 30 days before each billing period and sends every owner a written notice. The board also picks the due dates. Dues can be collected monthly, quarterly, twice a year, or once a year. Right now, dues are billed once a year and are due in the first quarter (January through March). The treasurer mails each owner a notice. For the current amount, ask the treasurer.

Source: Declaration, Article Four, Sections 5 and 7, page 10; Bylaws, Article VII, Section 2(d), page 7

How do I pay my dues?

A personal check is best. The treasurer’s mailed notice tells you where to send or drop off your payment. Money orders, cashier’s checks, and cash are accepted too, but they take more work to deposit. Questions about a payment? Email the treasurer at treasurer (at) providenceridgehoa (dot) org.

What are our dues used for?

Taking care of the shared parts of the neighborhood. That includes the entrance sign, plantings, lights, and irrigation along Middleton Road and Kemmont Road. It also covers the stormwater drainage areas, the open space, and the row of Leyland Cypress trees behind Lots 14 through 18. Dues also pay for the association’s insurance and for enforcing the covenants.

Source: Declaration, Article Four, Section 2, pages 7 to 8; Article Five, Section 1, pages 11 to 12

Can the board raise dues?

Yes, up to a limit. Each year the board can raise the maximum dues by up to 10 percent without a vote, or by the rise in the Consumer Price Index if that’s higher. A bigger increase needs a two-thirds vote of the members voting at a meeting called for that purpose. Members must get written notice 30 to 60 days before that meeting.

Source: Declaration, Article Four, Section 3, pages 8 to 9

What happens if I pay late?

A payment more than 30 days late is charged interest at 12 percent a year from the due date, plus a one-time $25 late fee. The association can also sue to collect or foreclose its lien. The board can suspend an owner’s voting rights while dues are unpaid. Not using the common areas doesn’t get anyone out of paying.

Source: Declaration, Article Four, Section 8, page 11; Bylaws, Article VII, Section 1(a), page 6

What is a special assessment?

A one-time charge to build, repair, or replace something in the shared areas. It needs a two-thirds vote of the members voting at a meeting called for that purpose. Members must get written notice 30 to 60 days ahead.

Source: Declaration, Article Four, Section 4, pages 9 to 10

Are there fees when a home is sold?

The new owner pays $25 into the association’s working capital fund when the lot changes hands. The association will also provide a certificate showing whether the dues on a lot are paid up. Closing attorneys often ask for one, and there may be a small charge.

Source: Declaration, Article Four, Section 3(d), page 9; Section 7, pages 10 to 11

Building and Changes

What changes need approval?

Any new building, fence, wall, or other structure, and any change to the outside of your home. Your plans need to show the shape, height, materials, colors, and location. The list on the ACC Requests page shows what your project needs.

Source: Declaration, Article Six, page 13

Do I need approval to replace my roof, doors, or shutters?

If the color, style, or material is changing, yes. That includes a new front door color, a different style of garage door, new roof shingles, and adding, removing, or changing shutters. The Declaration doesn’t list these one by one. They fall under the general rule that any change to the outside of a home needs written ACC approval, with plans that show the materials and colors. If you’re replacing something with an exact match, email the board to check before you start.

Source: Declaration, Article Six, page 13

Who reviews my request, and how long does it take?

The Architectural Control Committee (ACC). The Bylaws make the board the ACC, and the Declaration lets the board appoint a committee of three or more people instead. If the ACC doesn’t approve or deny a complete request within 30 days, approval isn’t required. The Declaration says requests should go by certified mail, but the board also accepts applications by email.

Source: Declaration, Article Six, pages 13 to 14; Bylaws, Article IX, page 10

Which smaller items need board approval?

The board has to approve the location, style, type, and size of antennas, satellite dishes, solar collectors, fuel tanks, mailboxes, and newspaper boxes. The same goes for temporary structures like sheds, trailers, and tents. Mailboxes have to match the style the ACC picks. Federal and North Carolina law limit how much an HOA can restrict some of these, like satellite dishes and solar panels.

Source: Declaration, Article Nine, Section 6, page 18; Section 10, page 19

Are there rules about mailboxes?

Yes. Every mailbox in the neighborhood has to be the type the ACC specifies, and each owner buys and installs their own. A new mailbox or newspaper box also needs the board’s approval before it goes up. The standard mailbox is the Architectural Mailboxes Elite standard mailbox in black, sold at Lowe’s. Email the board about the post before you buy one.

Source: Declaration, Article Nine, Section 10, page 19; Section 6, page 18

Are there rules about driveways?

Driveways have to be concrete or brick pavers unless the ACC approves something else in writing.

Source: Declaration, Article Nine, Section 9, page 19

How close to my property line can I build?

Nothing permanent can be built outside the setback lines shown for your lot on the recorded plat. The plat maps on the Documents page show the setbacks and easements for every lot.

Source: Declaration, Article Nine, Section 3, page 17

Rules for Homes and Yards

How many pets can I have?

Dogs, cats, and other household pets are allowed in a reasonable number, as long as they aren’t kept for business and aren’t a danger or a nuisance. No more than two can regularly be kept outside. Livestock and poultry aren’t allowed.

Source: Declaration, Article Nine, Section 8, page 19

Where can boats, trailers, and RVs be parked?

Boats, trailers, campers, motor homes, limousines, trucks, tractors, and similar vehicles can’t be parked on the streets in or next to Providence Ridge. They also can’t be parked on a lot unless they’re in a garage or a screened area the ACC has approved. The association can set rules for short-term parking. No one can live in a trailer or RV, and commercial vehicles need the association’s OK to park regularly.

Source: Declaration, Article Nine, Section 13, pages 19 to 20

Can I put up a sign?

The Declaration allows “For Sale” signs for a single lot and doesn’t allow most other signs. State law may allow some others, like political signs around an election. If you’re not sure, ask the board.

Source: Declaration, Article Nine, Section 5, page 18

What about trash cans, junk, and broken-down cars?

Trash, stored materials, and wrecked or broken-down cars have to be kept inside a garage or other enclosed building. Trash set out for pickup is fine. Building materials can only be stored on a lot while work is going on there.

Source: Declaration, Article Nine, Section 4, pages 17 to 18; Section 12, page 19

Is there a rule about lawn care or grass length?

There’s no rule about how short grass has to be. The Declaration does say that no lot may be neglected or allowed to go to waste, and it doesn’t allow anything that becomes a nuisance to the neighbors.

Source: Declaration, Article Nine, Section 2, page 17; Section 4, pages 17 to 18

Can I install a window air conditioner?

Not anywhere it can be seen from a street or another lot.

Source: Declaration, Article Nine, Section 11, page 19

Can I rent out my home or use it for something other than a residence?

Homes are for residential use. A home may include a one-bedroom “light-housekeeping” apartment. The Declaration doesn’t ban renting. It treats tenants as people who can use the shared areas and who have to follow the association’s rules. The association can’t limit your right to sell or mortgage your lot.

Source: Declaration, Article Nine, Section 2, page 17; Article Two, Sections 1 and 2, pages 4 to 5; Article Eleven, Section 5, page 22

What happens if someone breaks the rules?

After notice and a hearing, the board can suspend an owner’s rights for up to 60 days for breaking the published rules. The association or any owner can also go to court to enforce the covenants. If they win, they can recover reasonable attorney’s fees. Letting a violation slide once doesn’t give up the right to enforce the rule later.

Source: Bylaws, Article VII, Section 1(a), page 6; Declaration, Article Nine, Section 14, page 20; Article Eleven, Section 1, page 21

Who Maintains What

What does the association take care of?

The entrance area (the sign, plantings, lights, and irrigation), the stormwater drainage areas, the open space, and the 25-foot buffer along the back of Lots 14 through 18. Some of these areas are on private lots, so the association has the right to enter those yards to maintain them. Owners take care of everything else on their own lots.

Source: Declaration, Article Seven, pages 15 to 16; Article Eight, Section 2, pages 16 to 17; Article One, Section 5, page 3

What if a homeowner damages a shared area?

If an owner, their family, or their guests cause the damage, the cost of the repair is added to that owner’s dues.

Source: Declaration, Article Seven, Section 2, page 16

Meetings and Voting

When is the annual meeting?

Every January, on a weeknight other than Friday, at 7:00 p.m. Members get a written notice by mail at least 15 days before any members’ meeting, with the place, date, and time.

Source: Bylaws, Article III, Sections 1 and 3, pages 2 to 3

How many votes does each home get?

One per lot, no matter how many people own it. You can vote in person or by proxy. A proxy ends automatically when the owner sells.

Source: Declaration, Article Three, Section 2, page 6; Bylaws, Article III, Section 5, pages 3 to 4

How many owners need to attend for a vote to count?

For most business, owners holding half of all the votes need to be there, in person or by proxy. A vote on a dues increase above the normal limit, or on a special assessment, needs 60 percent at the first meeting. If that meeting falls short, a follow-up meeting needs half as many.

Source: Bylaws, Article III, Section 4, page 3; Declaration, Article Four, Section 6, page 10

Can owners call a special meeting?

Yes. Owners holding half of all the votes can call one by asking in writing. The president or the board can also call one.

Source: Bylaws, Article III, Section 2, page 3

How often does the board meet?

The board doesn’t keep a regular meeting schedule. It handles most business by email and meets when something needs discussion. The Bylaws call for quarterly meetings, and they let the directors act without a meeting if all of them agree in writing. To bring something to the board, email board (at) providenceridgehoa (dot) org.

Source: Bylaws, Article VI, Section 1, page 5; Article IV, Section 5, page 4

The Board

How is the board chosen?

The Bylaws call for three directors serving two-year terms, elected by secret ballot at the annual meeting. Members can vote to add more directors. A nominating committee suggests candidates, and anyone can also be nominated from the floor at the meeting. Directors aren’t paid, but they can be reimbursed for expenses.

Source: Bylaws, Article IV, Sections 1, 2, and 4, page 4; Article V, pages 4 to 5

What do the officers do?

The board picks the officers each year. The president leads the association and runs members’ meetings. The vice president steps in when the president can’t. The secretary keeps the minutes and records and sends out meeting notices. The treasurer handles the money and prepares the yearly budget and financial statement.

Source: Bylaws, Article VIII, Sections 1 to 3 and 8, pages 8 to 10

Can a director be removed?

Yes. Members can remove any director, with or without a reason, by majority vote. If a seat opens up, the remaining directors pick someone to finish the term.

Source: Bylaws, Article IV, Section 3, page 4

Records and Finances

Can I see the association’s records?

Yes. Any member can look at the association’s books and records during reasonable business hours. Meeting minutes are available if you ask. See the Documents page.

Source: Bylaws, Article X, page 10; Declaration, Article Eleven, Section 5, page 22

Will I see a budget and financial statement?

The board puts together a budget at least 30 days before each year starts. Within 90 days after the year ends, it prepares a detailed financial statement. Any owner who asks in writing gets a copy of either within 30 days. The fiscal year runs January through December.

Source: Bylaws, Article VII, Section 2(b) and (d), page 7; Article XIV, page 11

Changing the Rules

How can the Declaration be changed?

The covenants renew on their own every 10 years. For the first 20 years (through 2022), changing them took the signatures of at least 75 percent of lot owners. The Declaration doesn’t say what vote is needed after that, so North Carolina’s Planned Community Act sets the rule. Any change has to be recorded with Durham County.

Source: Declaration, Article Eleven, Section 3, page 21

How can the Bylaws be changed?

By a majority vote of a quorum of members at a regular or special members’ meeting. Members can vote in person or by proxy.

Source: Bylaws, Article XIII, Section 1, page 11

What if the Declaration and Bylaws disagree?

The Declaration wins over the Bylaws, and the Bylaws win over the Articles of Incorporation.

Source: Declaration, Article Eleven, Section 2, page 21; Bylaws, Article XIII, Section 2, page 11