Frequently Asked Questions
Please see answers to your most popular questions. For PDF version click here.
Do I have to pay?
Yes. Whether you were informed or not, home ownership in
the Nottingham subdivision requires annual payment to a homeowners
association. North Carolina realtors are required to inform you that an HOA may
be in your subdivision. They are not required to tell you specifics. The
responsibility for finding out the specifics is solely that of the potential home
owner.that you want to share with your visitors.
Do I have to pay even if I can’t find anything about an HOA in my mortgage?
Yes, you still have to pay. Mention of an HOA may not be in the mortgage part of
your closing documents, which is a financial contract between you and a financial
institution. But closing documents include more than mortgage papers. Mention
of an HOA could be in your Offer to Purchase Contract or among many additional
pieces of paper required in closing documents. Please check all of your closing
documents carefully. Even if nothing about a homeowners association is
mentioned in your mortgage or any closing documents, it is still your
responsibility as a home buyer to investigate whether or not an HOA exists and
how much it costs. There are several ways to investigate.
a. Ask your realtor. A good realtor may be able to find the information for
you as it is public record.
b. Ask people in the neighborhood where they got their information.
c. Do an online search for information about the subdivision.
d. Visit the Lee County Register of Deeds in person.
e. Visit the Lee County Register of Deeds Online (see next).
​Can I find the covenants online besides on your website
Yes. The covenants for the Nottingham subdivision are available at the Lee County Register of Deeds
Online by following these directions:
a. http://www.leecountync.gov/Departments/RegisterofDeeds.aspx
b. Click on “Register of Deeds Online”
c. Click on “Acknowledge Disclaimer to Being Searching Records”
d. Click on “Full System”
e. Under “name type” click the circle in front of “Non-Human” and search for
“nottingham subdivision”
f. The results page will return with several phase options to choose from. If
you don’t know your phase please see the map on the HOA website.
g. Choose your phase by double clicking on the phase.
h. Scroll to the bottom of the website. Look for a button called “image”
i. Click on the button. The image will popup and be a downloadable copy of
the covenants for your phase.
I didn’t agree to these covenants, and I never heard about it, can I take legal action
to avoid paying?
​You can, but success is unlikely because the covenants have
been on file with the Lee County Register of Deeds since before the first house in
Nottingham was occupied in 2004. Expenses the HOA incurs for fighting
lawsuits will be taken out of collected fees as outlined in all covenants and NC
law.
​What will happen if I don’t pay?
If you don’t pay, North Carolina law allows the HOA to file a lien against your property for any unpaid amount that is 30 days late. Nottingham HOA understands that there has been some confusion about the HOA prior to receiving this letter. We hope this letter informs you on many
issues. After this letter, we will send late notices to those who have not paid by
August 1. Any property that is still in arrears for the years 2016 & 2017 after
August 31 will accrue late fees of $20 per month late, per year late, as allowed by
NC Law. After 6 months of non-payment, Nottingham HOA will file a lien against
a property. The removal of a lien against a property will include the payment of
all yearly fees due plus late fees due plus the court costs involved with placing
the lien. For further information please visit:
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_47F.html
We do not consider the fees Nottingham charges punitive nor large considering
the value of the homes and the neighborhood we are trying to maintain
​How do you know who’s paid and who hasn’t?
The developer kept very careful records which were passed to the HOA. We continue to keep detailed record of payments.
Can I petition to remove the HOA and/or fees?
To dissolve an HOA is a lengthy process that requires 80% of member properties to agree.
a. Please keep in mind that this subdivision has survived in its current form
because of the structure put in place by the developer who has acted
exactly like an HOA without charging the fees prior to 2015. Most
residents bought homes in Nottingham because of the stability the
developer provided until 2015 free of charge. The developer handled
nuisance complaints and fees prior to that year of his own volition and at
his own expense.
b. As the last houses have sold, his interest in whether or not our subdivision
remained a nice place to live was turned over to us, the residents. The
HOA was deeded the common areas, and we became responsible for
governing ourselves. It should be considered our privilege to assume this
responsibility and one of these responsibilities is paying fees that maintain
our upkeep.
I never had to pay before, why do I have to pay now?
Prior to 2015, the developer covered all costs and duties usually handled by an HOA. That
coverage had positive and negative results. No one had to pay fees, but few
homeowners had nuisance complaints addressed either. Now that the developer
has turned over those responsibilities to the HOA, the homeowners are
exclusively responsible for the duties and activities of its members.
Where can I find more information?
​Nottingham HOA has created a website that
provides such information as a map of the common areas, HOA history, who are
your board members, how to contact us, and copies of each phase’s covenants.
You can view this website at https://www.nottinghamhoasanfordnc.com
Where does my money go?
​The HOA pays for the upkeep and taxes on
common areas as well as clerical duties surrounding the collection of fees and
regulation of nuisance complaints. This includes basic office supplies, a banking
account, a post office box and a website. No one on the Board of Directors takes
any of the money you pay for personal reasons. In fact, we volunteer our time so
please keep in mind this involves many evenings and weekends. All surplus
money resides in an HOA-specific bank account for future HOA-specific costs or
the eventual improvement of common areas including perhaps the pavement of
the trail below the power line, a play area, addition of speed bumps or speed limit
signs.
Does my money pay for improvements on my house?
No. As stated in the covenants, the association did not construct the Dwelling Units and does not
provide any warranty on them
how do I contact my HOA?
​Our address is:
a. Nottingham HOA, PO Box 3111, Sanford, NC 27331
b. nottinghamhoasanfordnc@gmail.com
What are in the covenants?
What can I not do? “Use Restrictions” listed below
are common to all phases, and all phase “use restrictions” are virtually the same.
Phases may include differences in other parts of the covenants.
a. You may not run a business with your home as a storefront. (Also a city
ordinance. City ordinances can be found at:
http://www.sanfordnc.net/351/City-Ordinances-Codes)
b. You may not store personal items on our common areas.
c. You may not raise animals on common areas.
d. You must clean up after pets. (Also a city ordinance)
e. You may not allow animals to be a nuisance to neighbors. (This is also a
city ordinance which outlines at length the ways animals are a nuisance.)
f. You may not allow nuisance activities in your house to affect neighbors.
(Also a city ordinance)
g. You may not have visible laundry in the front or back of your house.
h. You may not put trash in common areas. This includes oversize/bulk
trash pickup. Please leave oversize/bulk trash for pickup in your own
yard. We have had issues with our mowing service not being able to mow
the common areas because oversize/bulk trash was placed in the
common areas. The HOA will pay any city fines incurred because the
grass is not mowed in a timely manner out of collected HOA fees. For bulk trash information including pick-up please times visit:
http://www.sanfordnc.net/235/Bulk-Trash
i. You must put all trash in covered containers that must be stored in the
garage or behind your house except on trash pick-up day and removed
from the street after pick-up within 24 hours. For trash information
including pick-up times visit: http://www.sanfordnc.net/212/Sanitation-
Services
j. You may not have open fires except in charcoal grills or similar cooking
devices. (Also a city ordinance)
k. You may not have signs in your yard except for “For Sale” signs of a
normal size.
l. You may not have a satellite dish larger than 2 feet in diameter.
m. All fences may not be closer to the street than the front of your house.
n. Driveways must be paved.
o. All new homes must be a minimum of 1600 square feet including garage.
p. You may not engage in illegal activity. (This is also city, county, state &
federal law.)
What is covered by City Ordinances?
The following list is for reference only and
is not complete. For a complete list of city ordinances please visit this website:
http://www.sanfordnc.net/351/City-Ordinances-Codes
a. No animal may run at large. All dogs must be on a leash.
b. No weeds or grass over 8 inches in height.
c. No loud or disturbing noise allowed. (See ordinances for more details.)
d. No vehicle shall be parked on any street which may interfere with passage
of other vehicles. Please do not park on either side of any Nottingham
street at the apex of a hill or rise. Other vehicles passing your vehicle will
be forced to drive blindly into oncoming traffic.
e. No abandoned vehicles. Abandoned is defined as left on a public street
longer than 7 days or as defined by an ordinance prohibiting parking. May
be removed by the city.
f. Junked vehicles are defined as partially dismantled, wrecked or cannot be
self-propelled. Junked vehicles may be removed by the city.
g. No person shall park a vehicle in an intersection. Please do not park in
any Nottingham intersection, including T and L shaped, as it can impede
school buses, garbage collectors, or emergency responders.