Yes, if you live in Sections I through VIB (non-HOA properties). Paragraph IA states, “All plans and specifications for any structure or improvement whatsoever to be erected on any lot, and the proposed location and orientation in relation to streets or lots, the construction material, the roofs and exterior color schemes shall require prior written approval of the GPOA. Further, any later exterior changes or additions, after initial approval thereof, and any exterior remodeling, reconstruction, alterations, or additions thereto, on any lot, shall also be subject to and shall require the prior written approval of the GPOA.”
First, you should discuss the matter with your neighbor and try to reach an understanding.
If that does not work out, you should report your concern to an ACC member.
- If you live in one of the seven HOA’s within Greenbrier, you should report it to your HOA President or HOA ACC. (link to https://greenbriernc.org/contact/ )
- If you live outside of an HOA, report it to GPOA’s ACC or to a GPOA Board member (link to https://greenbriernc.org/contact/ )
Note: Your concern may be reported confidentially, and your identity kept confidential. However, anonymous concerns will not be accepted.
If you report your concern to the GPOA, the ACC member will fill out a Complaint Form. The complaint will be reviewed and researched by the sectional representative of the ACC for your neighborhood and the results immediately provided to the ACC Chair.
- If the concern is not valid, you will be notified that it is not a covenant or rule violation and therefore is outside the jurisdiction of the GPOA Board.
- If the concern is valid, then the ACC will begin the formal Complaint Process and you will be informed that the process has begun.
The Complaint Process
Step One: The Friendly Reminder is a conversation between the owner violating the covenant or rule and the ACC representative, with a written reminder of a mutually agreed upon reasonable time for rectifying the concern. If the owner fails to make the agreed-upon or necessary changes within the specified amount of time, the ACC will bring the matter to the GPOA Board.
Step Two: The GPOA Board may do any of the following:
- Issue a Second Letter explaining the violation again, requiring a stop work and requiring compliance within a specified amount of time; or
- Recommend a variance for specific reasons; or
- Terminate any mediation process and move directly to legal action.
Step Three: The GPOA will send a Cease and Desist Letter as a precursor to legal action.
Yes. Paragraph l D in all Sections states, “The GPOA shall have the right to disapprove any plans, specifications, or details submitted to it in the event the same are not in accordance with any of the provisions of these Restrictions; if the design or color scheme of the proposed building or other structure is not in harmony with the general surroundings of such lot or adjacent buildings or structure; if the plans and specifications submitted are incomplete or the GPOA deems the plans specifications or details or any part thereof to be contrary to the interests, welfare, or rights of all or any parts of the real property subject thereto or the owners thereof.”
Yes, as stated in Section l G in all Covenants Sections 1 through VIB, “The GPOA or its agents shall have the right to inspect all construction to ensure that the structure is in accordance with the approved plans, specifications and details. No structure or improvement shall be made unless it substantially conforms with the approved plans, specifications and details. Sections II through VIB expand this paragraph: If the finished building or other structure does not comply with the submitted plans and specifications the GPOA retains the right to file under the North Carolina lien laws notice of liens for any costs incurred. Any lien will be subordinate to any first deed of trust on the property.”
Yes. Paragraph 2 C of Section 5 in most Sections* states: “The GPOA, its successors or assigns, shall have the authority to establish regulations pertaining to the height and size requirements of all other types of structures other than houses, including but not limited to, fences, walls, copings, and mailboxes. Such regulations shall at the GPOA’s sole discretion conform with the general development scheme.”
*except Section V, where it is paragraph 2 D
Maybe. First, you need to check the covenants for your Section. Paragraph 2E in all Sections I through VI states the intent: “In order to preserve the natural quality and aesthetic appearance of geographic areas within the subdivision all property lines shall be kept free and open…” but it does go on to say that variances may be made. However, in Sections II, III, IVB, V, and VI, paragraph 2E says, “No rear yard fences, dog pens, or outbuildings will be allowed on lots that adjoin the golf course or any lake.”
If your property is not on the golf course or a lake and you wish to seek a variance, you should seek approval from the Board by filling out the proper ACC application form [link to App for Exterior changes] and complying with the parameters outlined in the Fence Guidelines.
Maybe. Some sections allow outbuildings if they are “of the same design and color scheme as the dwelling house.” Sheds of any kind may not be built on golf course or waterfront lots. Check the covenants for your section. If a shed is allowed, follow the Shed guidelines [link to Shed Policy], complete the Application for Additions [link to App for Additions] and submit your plans for approval.
Prior to June 30, 1995, Declarant meant Weyerhaeuser Real Estate Company. On that date the assignment of Covenant compliance rights and responsibilities was transferred to the Greenbrier Property Owners Association. Since June 30, 1995, the word Declarant in our Covenants means the Greenbrier Property Owners Association (GPOA).