1. Fair Mountain Acres (FMA) History and Facts
July 9, 2017
Community
FMA was approved for development by Watauga County on July 15, It’s Declarations (restrictions) were recorded in 1993 and it is managed by the FMA Homeowner’s Association [HOA], and staffed by elected, volunteer owners. An annual HOA meeting is held each spring to review community status, budgets and to elect Officers. There are 30 lots, 4 of which have been deemed unbuildable. As of August 2015, 4 lots were undeveloped (buildable). All 26 buildable lots pay annual dues. New owners are also assessed a one time $400 “initiation” fee which goes into reserves for road repair. A map on page 6 illustrates a plat representation of FMA and the trailer community above FMA.
Documents
Although FMA is a small community, there are governing documents to maintain consistent, reasonable and safe activities which help protect property values. FMA is governed by its Declarations of Restrictions and managed by the North Carolina Planned Community Act [NCPCA] and its By-Laws.
Declarations of Restrictions – recorded July 1, 1993, the Declarations lists the do’s and don’ts for maintenance of a single-family residential community with a minimum building size of 1200 square feet with one dwelling per lot. It authorized the formation of a Property Owner’s Association to “establish reasonable assessment charges for road maintenance”. Two amendments have been attached to the Declarations:
Adopted the Chapter 47F of the General Statutes of North Carolina, “the North Carolina Planned Community Act”.
Removed the restriction which precludes a tent or tree house from being placed on any lot or tract.
North Carolina Planned Community Act - was incorporated into the Declarations on November 3, Provides detailed provisions for managing a planned community. In most cases it supersedes the By-Laws but occasionally defers.
By-Laws – provides guidance in community management when deferred to by the NCPCA.
Rules and Regulations – NCPCA paragraph 47F empowers the Property Owner’s Association (aka Homeowner’s Association) to adopt Rules and Regulations for things not covered elsewhere, i.e. leash law, noise regulation etc. As of July 2015, only one Rules and Regulations item has been approved by vote by the Association [no farm animals]-see next page.
Cleared in July.
8/4/2015

2. Board of Directors/Officers
Subsequent to the Restrictions being filed in 1993, By-Laws being established and the NCPCA being adopted for managing FMA, the first slate of officers for the Fair Mountain Acres Property Association was established in 1999, initially with both developer and lot owners represented. The first Property Owners Association meeting was held 4 June 2000 at the Buffalo Camp Rec Hall. Officers are elected at the annual meetings and serve for one year. There is a draft Policy and Procedures Manual delineating Officer and Committee responsibilities. History:
1999/ / /11
President- Wayne Bass Pres – Jim Bucci Pres Paul Hughes
VP - Merle Baker (developer) VP - Buddy Barker VP Don Fellner
Treasurer- Don Calhoun (developer) Treas - Don Fellner Treas - Wayne Bass
Secretary- Don Calhoun (developer) Sec - Nicole Barker Sec Owen Guion
At Large- Don Reed AL Troy Shaffoe AL Tom Weil
AL Kevin Shaw
2001/ / /12
President - Don Reed Pres - Don Reed/Buddy Barker Pres Paul Hughes
VP - Bob Moody VP Don Fellner VP Kevin Cook
Treasurer - Bill Plunket Treas – Paul Hughes Treas Chuck Hennings
Secretary - Sherri Jaquays Sec - Kevin Cook Sec Beth Plunket
AL Troy Shaffoe AL Kevin Shaw
AL David Batty
2002/3/4/ /8/9/ /13
President - Jim Bucci Pres – Paul Hughes Pres Paul Hughes
VP - Steve Brueggeman VP Don Fellner VP Bill Plunket
Treasurer - Bill Plunket Treas - Wayne Bass Treas Chuck Hennings
Secretary - Sherri Jaquays/ Sec - Nicole Barker/ Sec Beth Plunket
Beth Plunket AL - Tom Weil AL Kevin Shaw
2013/14/ /16
Pres Chuck Hennings Pres - Chuck Hennings
VP Kevin Shaw VP Kevin Shaw
Treas - Rita Hennings Treas – Rita Hennings
Sec Debbie Hughes Sec Debbie Hughes
AL John Lewis AL Greg Klein
2016/ /18
Pres – Chuck Hennings Pres – Nick Katers
VP – Kevin Shaw VP –Kevin Shaw
Treas – Greg Klein Treas- Greg Klein
Sec – Paula Katers Sec – Paula Katers
AL – Nick Katers AL – Chuck Hennings
8/4/2015

3. Website Coordinator
FMA had a website, fairmountainacres.com, built by ex-owner Kevin Cook who maintained it for many years. At the 2017 annual meeting, it was decided to develop a new website and transfer as many items from the old website as possible.
Committees
Several committees have been established to assist the Board in maintaining FMA property:
Road Committee – FMA paved roads and culverts/ditches require annual maintenance and require the majority of the approved budget dollars. The committee is responsible for inspecting the roads and proposing necessary maintenance items.
Building and Construction (Architectural Review-ARC) Committee – specific items in the Declarations require review before construction/modifications can begin. A form is available on the website for submittal to the ARC.
Beautification Committee – makes recommendations to the Board for maintaining/improving the beauty of FMA property. On the annual workday committee members refresh the community planters and common areas.
Annual Dues / Assessments
Annual dues are assessed to maintain FMA roads, common areas and other expenses. Initial dues for buildable lots were $100 in 2000, increased to $150 in 2003, $300 in At the annual meeting in 2017 $450 was approved by vote with a requirement to review each year by the Association. Special Assessments to date are listed under Roads. A one-time $400 “initiation” fee is assessed each new owner for future road repair [increased from $300 in 2017]. The Realtor and owner should be notified before closing that the fee should be included in the closing documents.
Budget
A budget is prepared annually for approval by owners at the annual meeting. Road maintenance usually absorbs most of the dollars and includes mowing in the summer and snow/ice removal in the winter but other items include, legal, insurance, yellow line upkeep etc.
Roads
There are 2 roads, Fair Park Drive which starts at the FMA entrance at SR 221 and terminates at the cul-de-sac approximately .55 miles into FMA. Fair Acres Lane is a short lane off Fair Park Drive approximately .4 miles into FMA. The roads were paved in August 2004 by Tri County Paving of West Jefferson at a cost of $82,560 for road base construction and paving. There is a gravel road from the cul-de-sac up through lots 10 and 11 to Fair Park Drive. The part off Fair Park Drive by the trailer community to lots 9 and 10 is a pedestrian path only and not maintained by FMA.
Prior to paving, 3 assessments of $100, $300, and $300 were paid to prep the roads for paving. A final assessment of $3200 per lot in May of 2004 then paid for the paving.
8/4/2015

4. Prior to paving, 3 assessments of $100, $300, and $300 were paid to prep the roads for paving. A final assessment of $3200 per lot in May of 2004 then paid for the paving.
Several paving and culvert/ditch repairs have been made since 2004:
Paving repairs by Champion summer of $9125
Paving repairs by Moretz Paving summer of $9450
Culvert repair adding rip rap and crusher run summer of $3070
Culvert repair adding rip rap and crusher run summer of $1079
Several studies have been conducted into the possibility of the County taking over the maintenance of the roads. Results determined that the road was too narrow in several areas to meet County requirements [see next page].
Common Property
There is a small area between lots 27 and 28 that belongs to the HOA and is for resident use. No specific land use plan has been developed. Other common property includes the roadside and entrance which is maintained by our lawn service company.
Wells
There are 5 wells which serve FMA (see well map). Before FMA, the owner/developer of the trailer property above FMA sold water rights to Well #3 even though he didn’t own the land it was on. Then Messrs. Calhoun and Baker, who owned/obtained the FMA property including the well location, sold FMA lots with rights to well #3. The trailer community, worried over losing rights to well #3, had the trailer property owner/developer drill a new well, designated as Well #6 on the map, on property he owned. And two trailer lot owners drilled their own separate wells. To date the legal rights to well #3 are not determined but it serves both FMA and the trailers [they maintain it]. As the electric box is on trailer property, their Treasurer bills FMA owners who use it . Well data:
Well #1 – drilled 8/4/1993, 600’, 3.5 gallons/minute, located on lot 18, serves lots 5,6,16,17
Well #2 – 8/2/1994, 305’, 4 gpm, on lot 26, serves lots 4, 26, 27, 29
Well #3 – TBD, on lot 11, serves lots 8, 10, 11/12, 13, 14, 15 and trailer community; pump house on trailer lot 14
Well #4 – 5/20/1997, 555’, 10gpm, on lot23, serves lots 18, 19, 20, 21, 22, 24
Well #5 – 8/20/1996, 300’, 10 gpm, on lot 3, serves lots 1, 2, 3, 9, 30
Well #6 (not on FMA Property) – deactivated 8/3/2015 due to E. Coli and well is artesian
Retested 8/12/15 and tested NEGATIVE
All 6 wells installed by the Dewey Wright Well Co.
8/4/2015

5. TESTING - When a prospective buyer of the property on lot 20 asked for a sample of the water from well #4 in June 2015, it tested positive for coliform. After 2 shockings with chlorine by the Dewey Wright Co. well #4 was cleared in July. Subsequently, the other 4 well heads were tested early August 2015 by the lab at the Boone Water Treatment Plant. Wells #2 and #3 were clear but # 1 and #5 tested positive for coliform. And well #6, which was thought at the time to serve both 5 FMA lots plus the trailer community, tested positive for coliform and Fecal E. Coli. Wells #1 and #5 were then cleared by Dewey Wright. Well #6 was found to be serving only some of the trailers and was artesian, meaning it couldn’t be treated with chlorine because it was pushing up water to the well head without the pump on. The well was shut down and the subject trailers switched onto well #3 on August 4th at the pump house by Dwight Ruppert, a resident of the trailer community who lives next to the pump house. However, well #6 was retested 8/12/15 and was NEGATIVE making it available for use.
The wells were tested by the HOA in June 2016 but at the 2017 annual meeting it was decided [by vote] to have homeowners be responsible for any testing. .
Contractors
All contractors hired by the Association must have liability and Workman’s Compensation insurance. Perennial contractors are our lawn service in the summer and snow/ice removal in the winter.
Electricity
Electric and phone lines were installed underground in FMA. Residences are billed individually by Blue Ridge Electric.
In some cases, electricity powering well pumps is billed separately by Blue Ridge Electric to a well coordinator who gets paid by the others sharing the well.
Phone/Internet/TV
As of summer 2015 AT&T is the sole provider of landline telephone and internet (DSL) service. TV is provided by DISH or DirectTV and can be bundled with phone and internet. Charter Cable serves the trailer community above FMA via their above-ground poles. We’ve tried to get Charter to provide cable which gives faster internet service plus TV and phone at a lower cost
but we’re not on their radar anytime soon, probably due to the cost of burying cable for only the current 26 lots.
Garbage/Sewage
Currently, garbage and recyclables must be taken to the Convenience Centers on SR221 or 321.
Each residence was built with a County approved septic system.
Insurance/Taxes
FMA has an insurance policy with Nationwide providing property and liability coverage for $650 per year as of We pay no taxes.
8/4/2015

6. Finance
The FMA checking account and Money Market/Certificate of Deposit accounts are with Capital Bank in Boone.
Legal
FMA uses the DiSanti, Capua and Wilson Law Firm in Boone
Important Phone Numbers
Lawn Service - Ground Effects – Shae Jones
Snow/Ice Removal – Shae Jones
Dewey Wright Pump & Well – Larry –
Trailer POA Well Manager – Dwight Ruppert
Moretz Paving
Nationwide Insurance –
DiSanti Law Firm –
8/4/2015