Frequently Asked Questions
Buying a home is a big investment. Buying a home in James Creek Sub-division automatically includes membership in the James Creek Homeowners Association (JCHOA). There are rights and obligations that come with being a member of James Creek HOA. The information below attempts to give you a basic understanding of what membership in JCHOA may involve. To better understand what membership in JCHOA might involve, you should review your JCHOA’s governing documents and consider seeking the assistance of legal counsel to answer any questions you may have. To the extent the information below conflicts with the governing documents, the governing documents prevail in the rights and obligations of each member/Owner in JCHOA.
(1) WHAT IS AN HOA?
The legal entity formed for the purpose of exercising the powers and responsibilities of the association with respect to the community as outlined in the governing documents.
(2) WHAT ARE THE GOVERNING DOCUMENTS OF JCHOA?
The principal governing document of an HOA is often known as the Declaration of Covenants, Conditions, and Restrictions and Easements (CCRs). Other important HOA documents may include Articles of Incorporation, Bylaws, Rules (Guidelines), and Policies.
(3) WHAT SERVICES AND AMENITIES ARE PROVIDED BY JCHOA?
The services and amenities provided by JCHOA include use of common areas such as a swimming pool, tennis center, playgrounds, Gym, and Clubhouse. For the JC Townhomes section only JCHOA also provides landscaping services as well.
(4) WHAT OBLIGATIONS DOES JCHOA HAVE?
JCHOA’s most common roles include maintaining common areas and amenities, administering and enforcing use and architectural restrictions, adopting budgets, and collecting assessments.
(5) AM I REQUIRED TO BE A MEMBER OF THE JCHOA?
Our governing documents for JCHOA make membership mandatory for all owners within the community. The JCHOA’s governing documents are a legally binding contract between the homeowner/ members and the association. If you have questions about your legal rights and obligations as a member of the JCHOA, you should consult an attorney.
(6) HOW DOES MEMBERSHIP IN JCHOA AFFECT THE OWNERSHIP OF MY HOME?
By virtue of your membership in JCHOA, you have various rights and obligations as described in the governing documents. These include restrictions on the use of your property, architectural controls on future improvements of your property, and the obligation to pay assessments, also known as dues, to JCHOA.
(7) WHO IS IN CHARGE OF AN HOA?
At present JCHOA is governed by a five member board of directors. The board’s responsibilities and power are outlined in JCHOA’s governing documents.
(8) HOW DOES THE HOA ENFORCE THE GOVERNING DOCUMENTS?
The governing documents of JCHOA give it wide-ranging powers to enforce its covenants, rules, and policies. This includes the power to file a lawsuit for damages or injunctive relief or fine an owner who does not comply with the restrictions.
(9) WHAT HAPPENS IF I DO NOT PAY MY HOA ASSESSMENTS?
The governing documents give your HOA the power to place late fees, interest, place a lien on your home or take other legal action, if you fail to pay properly levied assessments, fees or fines.
(10) WHAT HAPPENS IF ONE OF THE COMMON AREAS OF MY HOA MUST BE REPAIRED OR REPLACED?
JCHOA has a reserve line item in our annual budgets to fund a reserve account for the community. In this way, a portion of the assessments you pay is set aside and builds up over time to pay for expensive repairs or replacements. You should review the JCHOA’s financial statements to discover how the reserves are being spent.
(12) WHAT IS THE AMOUNT OF THE ASSESSMENTS THAT CAN BE CHARGED BY MY HOA?
This information is provided to you as part of the JCHOA’s annual budget process. If you have questions, you should consult the JCHOA’s property manager or a member of the board of directors.
(13) CAN ASSESSMENTS BE INCREASED?
JCHOA’s the governing documents allow for assessments to be adjusted based on the JCHOA’s annual budget.
(14) CAN MY HOA RESTRICT THE TYPES OF IMPROVEMENTS I CAN MAKE TO MY HOME?
JCHOA places certain architectural or design guidelines and restrictions on all property in the Community. Our governing document places restrictions on the exterior appearance of your home, including anything visible from the exterior of your home, and you are required to submit plans and specifications for approval before you make any changes visible from the exterior or build any additions or other structures.
(15) WHAT TYPES OF USE RULES MIGHT AFFECT MY HOME?
The JCHOA’s governing documents contain many rules relating to trees, landscaping, satellite dishes, fences, borders, parking, home businesses, trash cans, rental of homes, and other rules. You should carefully read the governing documents to understand the nature of these restrictions.
(16) AS A MEMBER OF JCHOA, CAN I RENT MY HOME?
JCHOA governing documents places rental restrictions for some neighborhoods, please contact JCHOA property manager for more details, however “For rent” or “For lease” signs cannot be installed anywhere within the community.
(17) WHEN DOES MY HOA MEET?
JCHOA must hold a meeting of the entire membership at least once each year (annual meeting around October/November). Notice of the date and time of the meeting is provided to you by the officers of the association. Your JCHOA board typically meets once per month, typically 3rd Wednesday of each Month. If you would like information concerning the board’s meeting schedule, you should consult the JCHOA property manager, the on-line calendar (via Heritage Website) or a member of the board.
(18) CAN I ATTEND THE REGULAR MEETINGS OF MY HOA’S BOARD OF DIRECTORS?
JCHOA Board meetings are generally open to members of the HOA to observe, but not to participate in. The law governing homeowners’ associations permits a board to consider certain sensitive topics in private (executive session), and to exclude HOA members from that part of the board’s meeting. Review the HOA’s overriding documents, particularly its bylaws, to determine your rights. JCHOA Board will provide a timelimited member forum on its agenda but only if the member has made a request to the JCHOA property manager to included in the agenda at least 72hrs prior to the scheduled board meeting.
(19) AS A MEMBER OF AN ASSOCIATION, CAN I OBTAIN COPIES JCHOA’S RECORDS?
The law governing homeowners’ associations provides that certain records of the HOA must be made available for review by owners during normal business hours at the office of the JCHOA or its managing agent.
(20) WHY IS JCHOA NOT INSTALLING SPEED BUMPS?
Highways and Roads within the sub-division are owned by Forsyth County, Forsyth County has strict guidelines for installation of speed bumps. More information is available on County Website.
(21) CAN JCHOA TOW MY VECHICLE?
JCHOA can Tow any vehicles (at owner’s costs) parked on common areas, JC Townhomes section or any vehicles deemed to be in violation of its governing documents and located on property owned by JCHOA.
(22) CAN JCHOA IMPOSE A SINGLE COMMUNITY-WIDE TRASH PICKUP SERVICE?
JCHOA governing documents permit the Board to impose a community wide trash service, without requiring a membership vote.
(23) DOES THE JCHOA ALLOW DOGS TO BE OFF LEASH ON THE STREET?
Most streets within the community are county property, the county and state law requires dogs to be under control of the owner at all times, more information on the county web site.