Real Estate: North Carolina/POA / HOA question


Hello Tonya!

I'm an Allexperts expert as well.

This is a property owner  associations (POA) question.  I live within a POA community.  It is small, 25 lots.  It is waterfront; all lots/homes have deeded boat slips.  It is a beautiful community.

Recently the Architectural Review Committee (ARC) approved the building of a spec house and construction is underway.  Most of us own homes with market values of $400K and up.  The spec house is listed as $287K on the market.  There are only 3 homes in the POA under $300K including  the spec house under construction.  We are concerned that (1) the house will sit for months without being sold with no lawn, no landscaping, no hardscape-type drive, (2) when it is sold the buyer will not have the wherewithal to sod, landscape, put in a hard-scape drive, etc.

The POA’s protective covenants do not address lawns, drives, landscaping, etc. Question:  Can the POA’s  Architectural Review Committee, include in its’ approval letter for new construction, additional stipulations not included in the covenants, such as the lawn must be sodded or finished with a year, drive has to be paved or concrete before occupancy, full landscaping has to be part of the building budget and completed with 6 months.  Are the stipulations “enforceable” if included in the approval letter, or, would the covenants have to be changed to include the stipulations.

Thanks for volunteering to help out!

Good evening....please forgive me for the tardiness of my response.

Is the spec home just a "bare bones home" and once the upgrades are added, it will be closer to the true values of your neighborhood?  If not, why did the ARC committee approve it?

Who is the builder and look into what the house offers upon completion, such as sod three days prior to closing, paved driveway to get CO?  It would seem reasonable that the sooner the house can be sold, the better for the builder.  With that, they would do all they can to sell it?  

Do you have alot of empty lots left?  If so, it might be worth trying to get something from your attorney for the covenants.  I would certainly discuss with your attorney, but if only a few left, I doubt it owuld be worth it.

The stipulations would be enforcable if they are recorded as part of the covenants.  Otherwise, no.

I hope this helps some and if it has brought about more questions, please call or email me at or 919.323.0980.

Have a fabulous evening!!!!

Real Estate: North Carolina

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Tonya Snow-Saleeby


I am a Realtor® in Raleigh Durham area and have working knowledge of the market in Durham, Raleigh, Hillsborough, Chapel Hill, Bahama, Rougemont, Roxboro and surrounding areas. If it involves real estate, I can help you!! I have worked extensively with bank and HUD foreclosures, as well as short sales. In addition, I have worked with many first time homebuyers...providing them with valuable information and insight into the exciting first home purchase!!!


I was born and raised in Roxboro and spent much of my time in Durham. After living in Savannah, Georgia for some 14 years, I have returned to Durham. Since returning, I have been working as a Real Estate Professional and know the market well. I also have working knowledge of the surrounding areas, such as Hillsborough, Mebane, Efland, Rougemont, Bahama, Cary, Morrisville and Raleigh. In addition, I am the Training Mentor for new agents who join our office. This allows me the opportunity to help them through the first 13 months of their real estate career. Education and a passion for success is key!!

National Association of Realtors® Durham Regional Associationof Realtors® Dover Ridge HOA Board Member President of the Home & School Association for Immaculata Catholic School, Durham, NC Past Co-leader for Cadette Troop 449

NC Certified Real Estate Broker Fonville Morisey Realty Broker Relocation Certified Associate Certified Real Estate Negotiator Graduate Realtor Institute(GRI) North Carolina Notary Public Training Mentor Completion of Fonville Morisey Staging To Sell Completion of Financing Dreams, NC Housing Finance Agency

Awards and Honors
Fonville Morisey Manager's Award for April & December 2007; February, April & November 2008; March, April, May, July, August 2009; April, June, July, September & December 2010; March, April, May, July, October & December 2011; January, March, May, July, August, September, October 2012; April, June, September, October & November 2013; February, March, April, May, July & August 2014 Fonville Morisey Sales Associate of the Month for March 2009,September 2010, June 2011, July, September 2012; February & August 2014 Fonville Morisey Listings Sold Associate of the Month for December 2010, July 2014 Fonville Morisey Listing Associate of the month for December 2011 2nd Quarter Outgoing Referral Agent, 2014 Fonville Morisey Executive's Club 2007, 2008 & 2010 Fonville Morisey Director's Club 2009, 2011, 2012 & 2013 Fonville Morisey Fast Trackers Award 2007 Fonville Morisey Spirit Award for Croasdaile office 2010

Past/Present Clients
I recently purchased a home in Durham, and Tonya was my realtor. I wanted to tell you how wonderful an experience it was to work with Tonya. I am probably the longest standing client she has ever had! My first encounter with Tonya was about 1 1/2 years ago. After living and renting in Durham at that time for about 3 years, I had decided it was time to go house hunting. I drove by a home that I considered a possibility and Tonya`s name was on the sign as the listing agent. I immediately called her from my cell phone and... she answered!!! I never did look at that home; but since that day Tonya has spent countless hours assisting me with my home investment, and she has always been available in a timely manner. She consistently worked with a particular listing agent who was, in my opinion, next to impossible, if not utterly impossible to work with. When the sale of that property failed for us, she did not skip a beat with proceeding to the next "adventure!" She completed all of the "legwork" for me and did so eagerly, making phone calls, getting questions answered, setting up inspections, as well as showing me many, many properties and encouraging me when I looked at her with each and every "no" . Finally, we found the property that is right for me, and during the closing process, Tonya worked relentlessly to accomplish the necessary steps so that we could close to my satisfaction. Tonya handled difficult situations with ease and confidence and professionalism. She remains calm under pressure, and is consistently upbeat and positive. Tonya went above and beyond in every aspect of my experience. I truly feel that she is not only my realtor but my friend, and Fonville Morisey has a loyal client because of Tonya Snow-Saleeby. Charlene You really are amazing. I was in business for 40 years and I’ve never met anyone with your amazing work ethic—just one of your great business skills......Frank and Nancy

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