Governing Documents:
- Neighborhood Living Standards provide additional details - the rules and regulations for the community based upon the Declaration.
- Covenants for the Association, also known as CC&Rs (Covenants, Conditions, and Restrictions or Declaration) is the legal document that lays out the guidelines for the McCullough community. The CC&Rs are recorded in the county records in the county where the property is located (both Mecklenburg and York counties) and are legally binding. This document is the most comprehensive and probably the most important information about the McCullough community and its operation. If there is anything in another governing document that conflicts with a provision of the CC&Rs, the CC&Rs supersede, and the conflicting provisions are considered invalid. This document sets up the general structure of the community and describes what land is subject to the governing documents, as well as what parts of the community are common areas owned by the Association. The CC&Rs also contain restrictions on the use of each owner’s property as well as of the common areas. The covenants specify the Association’s authority and obligations and define the rights and responsibilities of Association members (owners). Every owner must abide by all the rules, restrictions, terms, and conditions found in the CC&Rs.
- Bylaws of the Association govern how the HOA operates and contain the information needed to run the HOA as a business. They set out voting rights and procedures, set forth the length and terms for the Board of Directors, and contain protocols for how to call a meeting and how often meetings must be held. The Bylaws also describe the Association’s rights and responsibilities while defining procedures for creating the annual budget and determining assessment amounts.
Violation Process These standards drive the community inspections which are currently performed monthly. The inspection checklist below will assist homeowners with understanding what violations are cited and how to ensure compliance. Becoming familiar with the checklist will not only help mitigate standards violations but will also keep these costs down. Please keep in mind that the information on the form is targeted for use by the inspection team and is provided for homeowners’ awareness. Should a homeowner violate any standard, the remediation process may be as follows, however, the Board does have the authority to begin at any step, including a hearing. Stage 1 – Friendly Reminder - 1st violation notice sent to homeowner Stage 2 – Reminder Warning - 2nd violation notice sent to homeowner Stage 3 – Hearing Notice - 3rd notice is sent to the homeowner Stage 4 – Hearing results notice - sent to the homeowner Stage 5 – Fine Notice - Violation is either cured or the homeowner is fined per the governing documents Once the violation is cured, please email McCullough@kuester.com with a photo showing the remediation. This will allow the violation to be reviewed and then closed if it is cured and not escalated as outlined above. If the violation is not cured to McCullough standards, it will remain open and escalate to the next step on subsequent inspection. Please do not approach the inspector(s). If you have a question about your violation we are more than happy to correspond with you about it at 803.802.0004 or McCullough@kuester.com. A variance may be issued: (a) where extraordinary circumstances exist that justify the variance; (b) the variance is not in conflict with the governing documents; (c) proper notice is provided by the homeowner. Variance requests should be sent to Kuester by clicking here and filling out the form. The variance request will be reviewed by the Standards Committee and/or the HOA Board of Directors, and a final decision will be provided to the homeowner. If a variance is approved, the violation will remain in its current stage and no additional violations will be received during this agreed-to period when the issue is expected to be resolved. Should a homeowner receive a violation and wish to appeal it, appeals can be made by clicking here and filling out the violation update form. Please be sure to include any supporting documentation and photos supporting your appeal so a decision can be made promptly. |
Landscape Clarifications (with examples)
McCullough Landscape Guide - created by our own McCullough Landscape Committee. Special thanks to Geoff Jackson for his dedication to this!
Note, that this is a guide of helpful recommendations. The Landscape Committee, Board, and Management Company are not professional landscapers. Please seek the assistance of a professional landscaper, arborist, etc. as necessary.
Approved Exterior Colors: (ARC application is required when changing the color)
Updated 12.18.24
McCullough Neighborhood Association, Inc.
Managed by Kuester Management Group