Policies and Guidelines

In addition to the Covenants and Bylaws, there are a variety of policies and guidelines for the community.

Recreational Vehicle Parking
Guidelines for Open Burning
Snow Removal Policy
Road Obstruction by Fallen Tree
Communications Policy Statement
Covenant Compliance
Hardship Variance in Rental Restrictions
DarkSky Recommended Practices
Firewise Recommended Practices

Recreational Vehicle Parking

RECREATIONAL VEHICLE PARKING

POLICY STATEMENT

Section 4.2 of the Declaration of Restrictive Covenants states, in part, “Except for emergency repairs and subject to the variance provision of Section 8.3 of this Agreement, no person shall repair, store, or park any boat, camper, Trailer, or recreational vehicle or equipment of any kind upon any portion of the Subdivision, except inside a garage.” Section 8.3 states, in part, “Until the termination of the Subdivider’s Authority, the ARC, and thereafter the Board of Directors, in its discretion may allow reasonable variances and adjustments of the restrictions of this Agreement in order to alleviate practical difficulties and hardship in their enforcement and operation…”

The Board of Directors is aware that owners of large recreational vehicles may need to bring them to their homes for a few days, before and after using them on a trip, for servicing. This occasional, temporary parking of recreational vehicles will be considered reasonable, for up to three days at a time, as long as this privilege is not abused.

In addition, occasionally, homeowners may have someone with a recreational vehicle visiting them and parking on their property. The Board of Directors will consider a period of no more than seven continuous days of parking, no more than two times in a twelve-month period, to be reasonable.

Guidelines for Open Burning

GUIDELINES FOR OPEN BURNING

Our area is experiencing a drought, increasing the importance of observing precautions regarding open burning. The Seven Glens Homeowners Association discourages open burning. However, the association requires that any person who chooses to burn yard debris must know and follow the pertinent North Carolina Department of Air Quality regulations, found at the NC DEQ site and summarized here.

According to the North Carolina Department of Air Quality, Seven Glens, in Madison County, is in the “Asheville air quality forecast area.” It is necessary to call 828-649-3821 to learn if open burning is permitted in this area on a day when burning is planned.

The following is an excerpt from the North Carolina Administrative Code 02D.1903 (direct quotes are italicized; selected phrases are highlighted for emphasis; items added in parentheses are for clarification):

(b) The following types of open burning are permissible without an air quality permit:

(1) open burning of leaves, tree branches, or yard trimmings, excluding logs and stumps (diameter exceeding six inches), if the following conditions are met:

(A) The material burned originates on the premises of private residences and is burned on those premises;

(B) There are no public pickup services available;

(C) Non-vegetative materials, such as household garbage, lumber, or any other synthetic materials (such as tires, asphalt shingles, construction materials, packaging, wire, electric insulation, treated or coated wood, or cardboard) are not burned;

(D) The burning is initiated no earlier than 8:00 a.m. and no additional combustible material is added to the fire between 6:00 p.m. on one day and 8:00 a.m. on the following day;

(E) The burning does not create a nuisance; and

(F) Material is not burned when the Division of Forest Resources has banned burning for that day. (Refer to the NC Forest Service for information regarding burning bans and permits.)

(c) The authority to conduct open burning under this Section does not exempt or excuse any person from the consequences, damages or injuries that may result from this conduct. It does not excuse or exempt any person from complying with all applicable laws, ordinances, rules or orders of any other governmental entity having jurisdiction even though the open burning is conducted in compliance with this Section.

Snow Removal Policy

SNOW REMOVAL POLICY

It is not possible to guarantee safe driving conditions during adverse winter weather. While this is a problem everywhere, the mountain setting of Seven Glens makes such a task particularly difficult. Therefore, although the Seven Glens Homeowners Association (SGHA) will make its best effort to address weather-related road hazards whenever it is determined to be reasonably necessary to do so, each person must take responsibility for his/her own safety. Owners are urged to exercise prudence and discretion in determining whether and when to drive in adverse weather conditions. If you choose to drive, please proceed with extreme caution.

Over the course of our typical winters, there are few days of significant snowfall of two plus inches or icy patches on the roads. The elevation and amount of sun exposure of road sections here in Seven Glens (for example: north-facing slopes and/or shaded areas), as well as the quantity of snow, affects the severity and duration of adverse driving conditions. A group including a SGHA Board member and Roads Committee members has been designated to determine when, in their best judgment, conditions warrant some sections of the roads to be treated, salted and/or plowed. They also will consult with the snow removal contractor prior, during and after snowfall/freezing events. Their determination will involve consideration of all of the foregoing matters, as well as any other factors they may deem relevant.

While application of salt (AKA SnoMelt/IceMelt) to our paved roads may be useful in removing snow/ice in some circumstances, it is less effective below 20-22 degrees Fahrenheit. In addition, indiscriminate use negatively affects both the integrity of our roads and the environment. However, sand can provide traction on slippery areas with little, if any, negative effect.

In addition to contractor plowing/salting options, the SGHA maintains over 20 rectangular black storage boxes with yellow covers, containing either salt or a sand/salt mix, near locations (see below) where previous “trouble spots” have been observed. If you notice ice in one of these areas, scattering a scoop of the sand/salt mix over it may help to reduce these areas and increase traction. It is important to carefully replace the cover of the container to keep the sand/salt mix DRY.

Please note this important information regarding graveled roads/driveways: SALT SHOULD NEVER BE USED ON GRAVEL surfaces because it will work its way through the gravel and significantly decrease the stability of the ground underneath and the road itself. SAND SHOULD BE USED to increase traction on icy gravel surfaces.

A combination of prudence, diligence, and neighborliness should help to decrease the negative effects of winter weather here in Seven Glens.

Locations of black and yellow containers of sand/salt mix:

- Seven Glens
- intersection with Cove Creek
- intersection with Vista Point
- upper end of curve above intersection with Vista Point - 924 Seven Glens
- guardrails above 924 Seven Glens

- Walnut Ridge at North Point sign
- Vista Point-upper section (sand only)

- Cove Creek

- 3 bins near intersection with intersection with Meadow Creek (book nook area)

- near last houses on upper end of CC

- Meadow Creek

- intersection with Whitfield Lane

- intersection with Chisel Rock
- Chisel Rock- ~midway between Meadow Creek and cul de sac

- Whitfield Lane

- intersection with Farm Valley

- first switchback, immediately below second switchback and at third switchback

- Farm Valley-at first curve

- Huckleberry-at intersection with Quail Point
- Sweet Brook-at cul de sac
- Chimney Rock-midway between Spring Hollow and Applewood

- High Timber Trail-below cul de sac

Road Obstruction by Fallen Tree

The Seven Glens Subdivision has over 9 miles of road meandering through 700 acres of wooded mountainous terrain. It is not uncommon for 6-12 trees/year, to fall across a road and obstruct passage of the road.

The Seven Glens Homeowners Association Inc. does not own any land in Seven Glens.

All of Seven Glens is owned by the association members. A tree that falls across the road and obstructs passage is the responsibility of the property owner to resolve in the most expedient manner possible.

There are typically three scenarios that develop from an obstructing tree event.

1.) Tree falls from a developed lot in which the owner is present and aware of the tree obstruction event. In this case the lot owner is responsible for resolving in the most expedient means possible.

2.) Tree falls from an undeveloped lot for which we have accurate contact information and the Board is able to contact the lot owner. The lot owner can elect to manage the tree obstruction resolution from afar or have the Board arrange for a contractor, who will bill them directly.

3.) Tree falls from an undeveloped lot and the Board are unable to contact the owner. If after multiple attempts and depending on the impact the tree obstruction is having on other association members, the Board will remove the tree obstruction and bill the lot owner.

Generally, costs of tree removal are much higher if the debris is removed from the site. If trees are cut down, but debris is left on the side of the road, efforts will be made to notify the associated lot owners. The SGHA Board will attempt to attract licensed and bonded tree removal contractors that have demonstrated competitive rates and give SGHA priority.

Communications Policy Statement

Orderly administration of the affairs of the Association necessitates the coordination of all communications to and on behalf of the Association. This entails, among other measures, that an officer of the Association have prior knowledge of all communications made on behalf of the Association and that all such communications be approved in advance.

Therefore, it shall be the policy of the Association that:

No communication of any kind, including email messages, may be sent on behalf of the Association (including any committee of the Association) without the prior, express approval of the President or Secretary of the Association.

A copy of all written communications of any kind sent to or on behalf of the Association shall be promptly given to the Association secretary.

Covenant Compliance Policy

COVENANT COMPLIANCE SEVEN GLENS HOMEOWNERS ASSOCIATION

POLICY STATEMENT

The Declaration and Bylaws of Seven Glens set the standards for the residential character of the community and the conduct of it residents. Effective enforcement of these documents preserves the planned residential concept and the long-term community goals and standards of Seven Glens. Since enforcement procedures may take away some rights and limit individual freedom of residents, a delicate balance exists between enforcement procedures that protect the overall integrity of the common scheme and those that unreasonably restrict individual freedom of the members of the homeowners association.

The principles of planned community living require that the rights of individuals must yield, in some degree, to the ownership goals of the majority. Accordingly enforcement of the Seven Glens governing documents should be reasonable, fair, and consistent.

The Seven Glens covenant restrictions may be legally enforced by any property owner. In addition, the Board of Directors has the power and duty to enforce all of the Seven Glens covenant restrictions and Bylaws. The Board of Directors will not systematically conduct inspections for violations. Should a violation come to the attention of a Director, he or she may report it to the Board for appropriate action.

Any property owner may also request the Board of Directors to undertake an appropriate covenant compliance investigation and enforcement action. This may be done by submitting to the Board a signed, written request specifically relating the details of the alleged violation and what action the complaining property owner has taken to resolve the matter. Upon receipt of a proper request, the Board will investigate the complaint and take such action as may be appropriate in the circumstances. Any complaint to the Board must comply with this procedure.

When a violation of the Seven Glens governing documents occurs, the desired result is always voluntary correction of the violation by the errant member. The first step in accomplishing this goal is giving notice of the violation to the member. Notice is given by the Board of Directors, or its designee, and should state the specific violation and the deadline for compliance, and should provide an opportunity for the non-conforming member to correct the problem.

In the event that the violation is not voluntarily corrected, the homeowners association enforcement policies, the Seven Glens governing documents, and North Carolina Planned Community Act authorize the homeowners association, after notice and a hearing, to fine members for each day a violation continues.

Additionally, the Seven Glens governing documents create contract rights that are enforceable in legal proceedings. While litigation is normally a last resort, it sometimes will be a necessary and appropriate remedy in the overall enforcement policy of Seven Glens.

Each Seven Glens owner relies upon all of the other owners to obey the covenants and rules of our community. Normally, the covenants and rules are obeyed on the basis of this mutual reliance that one’s neighbors will do likewise. This mutual good faith, not a covenant compliance policy, should be the basis of harmony in our community.

(This Policy Statement is based in part upon information contained in The Homeowners Association Manual, Peter and Marc Dunbar, Esq, 5th ed., Pineapple Press, 2004)

Rental Policy Restrictions Guideline

Section 4.14 of the CRR’s prohibits owners from using their dwelling unit or guest residence exclusively for rentals. Any rental must be for a period of not less than three consecutive months. The intent of the rental restriction is to restrict use of dwelling units to single family residential occupancy. No residence shall be used for commercial purposes such as, but not limited to, AirBnB (Air Bed and Breakfast), VRBO, Homeaway, or for any commercial income purposes on a short-term basis, and no portion of a residence (less than the entire dwelling unit) shall be separately rented to anyone without prior board approval. Except in extraordinary circumstances, moreover, an owner must occupy the entire dwelling unit for at least part of each year.

Any violation of the Rental Restriction (Section 4.14 of the CRR’s and this subsequent Guideline) shall be subject to a fine of not less than $600 per month as deemed relevant by the Board.

By its express terms, the rental restriction contemplates exceptions being made under “extraordinary circumstances” to the requirement that the owner occupy his or her residence for at least part of the year. In seeking to delineate what “extraordinary circumstances” may warrant an exception to this restriction, the Board reads Section 4.14 in conjunction with the authority granted to it by Section 8.3 of the CRR’s allowing the Board to make reasonable variances and adjustments of the restrictions to “alleviate practical difficulties and hardship.”

The Board recognizes that, from time to time, market conditions may make it difficult for owners to sell their home at a reasonable price, that the owners may be compelled, for various reasons, to move their personal residence to another location before the owners are able to sell their home in Seven Glens, and that owning two residences may be a financial hardship to the owners creating an “extraordinary circumstance” warranting a variance (hereinafter “hardship variance”) from the general restrictions imposed by Section 4.14.

Accordingly, an owner’s application for a hardship variance regarding the rental restriction will be considered under the following circumstances:

HARDSHIP VARIANCE GUIDELINES

A house needs to be listed on the real estate market – at a price reasonably calculated to conform to the then-existing market conditions – for 6 months prior to seeking permission from the Board to waive the owner-occupant requirement in Section 4.14.

An Owner must have occupied the dwelling for a least a year before consideration by the Board to grant a variance from the rental restriction set forth in Section 4.14.

Failure to seek permission from the Board before renting will preclude the possibility of a variance being granted. An Owner must notify the Board not less than 30 days prior to entering a lease contract..

Any variance granted under this Policy shall be limited to a term not to exceed one year. Any prospective renewal of the lease for additional rental terms must be approved by the Board.

Consecutive variances on a given owner’s property shall not exceed three years.

If market conditions change, substantiated by data such as housing turnover, (<180 days on market) and low area housing inventory, (5% of Seven Glens homes), the Board may insist that the house be marketed for 6 months after the current lease expires.

Variances, if any, shall be issued on a first come, first serve basis, including renewals thereof. No more than 15% of the SGHA Dwelling Units may be rented at any given time pursuant to this Policy.

Either the Owner or the Rental Management Agency must be local, i.e. within a 50-mile radius of Seven Glens Subdivision.

Owner is responsible for tenant’s compliance with SGHA CRR’s and it is incumbent upon them to do a background check and share with the Board.

A rent-to-buy option will be encouraged.

A house that is leased and remains on a realtor’s listings, with the option in the lease to show the house, will be given preferential consideration.

All leases shall expressly grant the Board the authority to enforce the lease and the CRR’s directly against the Tenant on behalf of the Owner.

SUMMARY

The Board will continue to work with individual members to alleviate hardship while
seeking to work in the best interest of the larger community. This in no way should diminish
the owner’s responsibility to conscientiously market their house. It is at the sole discretion
of the Board that a variance is allowed, and a variance is not granted ad infinitum.

DarkSky Recommended Practices

External/Outdoor Lighting

Homeowners’ associations across the country are increasingly adopting "DarkSky" values to prevent excessive and unnecessary artificial light pollution. Many residents here treasure Seven Glens not only for its beauty during the day, but also for the wonder of evening stargazing. We need to consider quality of life issues and the negative impacts of light pollution on the ecosystem around us. This is relevant now and will be even more important in the coming years as our community continues to develop and grow.

Many in Seven Glens like to observe the solar system and constellations. However, this can be hard to see even with a telescope when there are exterior lights within the neighborhood. It can also disrupt the natural rhythm of wildlife. For these reasons and many more which can be found on the DarkSky website, Homeowners are encouraged to adopt practical measures to reduce glare and light pollution.

Recommended Practices for Reducing Light Pollution

Limit or turn off external lights that serve no important purpose, including “decorative” lighting (unless during holidays, of course).
Shield and target light downward (examples below) and only where needed to prevent scattering and glare. This is also a more effective crime deterrent.
Use lights no brighter than necessary for targeted areas, the lowest wattage possible.
Install dimmers, timers, and motion sensors so lights are on only when necessary.
Do not use bright white LED bulbs that emit blue-violet light emissions (a major cause of light pollution). Use warm white, amber, or yellow lights.
Use reflectors (rather than lights) to mark boundaries and driveway edges.
Prevent indoor light spill by keeping drapes and blinds closed at night.
Never use strobing or blinking lights.

Below are examples of lighting hardware to consider. For more details and guidance on outdoor lighting, please visit the DarkSky website.

Firewise Recommended Practices

Firewise Program

Seven Glens has been assessed by the NC Forest Service as “high risk” for wildfires, but we also were recognized as the first “Firewise USA” community in Madison County. The Firewise program promotes greater awareness of wildfire risks and mitigation strategies for home and human safety. Our involvement in the program has helped us win several Forest Service grants for fuels removal (wood chipping) and other mitigation activities.

Wildfire Mitigation

Be aware of Madison County “open burn” permit requirements and know that embers (a major cause of wildfire) can travel in the wind as far as a mile.
Clear leaves, pine needles, and other debris from roofs and gutters.
Clear brush, weeds, leaves, and firewood from a perimeter at least 30 feet from your house and other structures. Do this especially around propane tanks and crawl spaces under porches and decks. Those spaces should be “screened in” with ⅛ inch metal mesh known as “hardware cloth” to keep leaves and wildfire embers from entering. Doing so will also make rodents and snakes less welcome. To make it aesthetically pleasing, the metal mesh can be covered with lattice or other material.
Prune tall trees - especially pine trees - at least six feet from the ground where they are close together or mixed with other natural fuels.
Remove highly flammable shrubs (with waxy leaves) and small pine trees growing among mature trees, especially if trees are growing densely. NC Extension provides helpful tips for fire-resistant landscaping.
Miscanthus (AKA pampas grass and silvergrass) grows everywhere in WNC in tall, dense clumps with feathery plumes. The NC Forest Service recognizes it as invasive and “notorious for being a wildfire hazard.” Removal of the grass around homes and narrow roadways makes sense for wildfire mitigation. Cutting it at the base 2-3 times per year can help (bag and dispose of seed plumes first). A more certain eradication method is recommended by the Forest Service and Madison County Extension.
For more mitigation tips, visit the national Firewise USA website.