Wexford HOA · For Member Consideration
Proposed Amendments to the Wexford Covenants
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Declaration of Amendments
A statement of intent for the proposed amendments
For over three decades, Wexford's governing documents have grown out of step with the realities of modern homeownership. These proposed Amendments are offered as a deliberate, member-driven update: to clarify property rights, to set objective standards, and to ensure the community is no longer bound by language drafted for a different era.
A home is a sanctuary, not a museum exhibit curated for the approval of passersby. Wexford is a diverse community of working professionals, busy families, and retirees. The ordinary acts of living in, maintaining, and improving a property inherently involve temporary imperfections, which must be met with reasonableness rather than rigid perfectionism. These Amendments are intended to ensure the Covenants act as a shield for the community, not a sword against neighbors.
Wexford should not be a place where rules are weaponized to threaten a retired resident with the loss of their home over minor infractions, nor where working families are subjected to endless, unreasonable scrutiny. The governing documents must respect the diverse capacities of residents, protecting property values without evolving into mechanisms for arbitrary enforcement or financial ruin.
These Amendments rest on a fundamental principle: the authority of a homeowners association is delegated, not inherent.It is strictly limited to the powers expressly conferred and always subject to the lawful property rights of the membership. Accordingly, any ambiguities in these Covenants should be interpreted in favor of the homeowner's reasonable use and enjoyment of their property.
The proposed Amendments are presented to the membership for consideration so that standards are objective and fair, and so the Covenants reaffirm a core principle of property ownership: that a person's home is their refuge, and every homeowner deserves to remain secure in its peaceful use and enjoyment.
Plain-Language Overview
What's Changed at a Glance
Before the legal text, here's a plain-language walkthrough of the 8 most important differences between the 1991 Covenants and what the proposed amendments would change. The full legal text follows below.
1991
Original Year
35 years old
28
Original Pages
Dense legalese
8+
New Protections
For homeowners
Reduced
Board Powers
Accountability
Change #1
Your Home Can No Longer Be Foreclosed Over an HOA Fine
Foreclosure Shield Added1991 Original (Art. V §9)
The Association can foreclose on your home—non-judicially, like a bank—for ANY unpaid assessment, fine, or fee. They can use a 'deed of trust with power of sale,' meaning no judge, no trial. They can also bid on your home at the foreclosure sale and acquire it.
Proposed (2026) — Art. IV §1
Non-judicial foreclosure is permanently banned. Only a judge can order foreclosure. It can ONLY happen for unpaid annual assessments exceeding $2,500. The Association cannot foreclose for fines, special assessments, or attorney's fees—ever.
Why This Matters to You
Under the current rules, if you dispute a $200 fine and refuse to pay, the Board could theoretically foreclose on your $400,000 home without ever going to court. The new covenant makes that impossible. Your home is protected from seizure over any dispute with the Board.
Change #2
Your Boat, RV & Trailer Can Stay in Your Driveway
Vehicle Rights Restored1991 Original (Art. VIII §1, §11)
'No planes, boats, trailers, campers, abandoned cars, or trucks shall be parked on driveways or in yards unless adequately screened from view and with prior approval of the Architectural Control Committee.' Section 11 doubles down: boats, campers, and RVs are banned from 'any portion of the Property, except in enclosed garages.'
Proposed (2026) — Art. VII §1-5
Homeowners have 'the absolute right to own, keep, and store Recreational Vehicles, Watercraft, and Non-Commercial Utility Trailers' on their lots. You can park them on driveways, side yards, or rear yards on hardscape surfaces. Limits: one of each type visible from the front street. Daily passenger vehicles including pickup trucks are fully exempt.
Why This Matters to You
This is the central issue in Wexford. Many homeowners with boats and RVs have lived in fear of selective enforcement for years. The new covenant gives you clear, objective rules instead of vague 'ACC discretion.' You know exactly what's allowed, no guessing.
Change #3
The ACC Must Approve Your Project—Or Lose the Right to Deny It
Presumption of Approval1991 Original (Art. IX §3)
The ACC reviews based on subjective criteria: 'conformity and harmony of external design, color, type and appearance of exterior surfaces.' They can deny anything they consider unacceptable and may publish 'architectural standards bulletins' that carry the force of law.
Proposed (2026) — Art. VIII §1, §4
New binding 'Presumption of Approval': the ACC must start from YES. The burden of proof is on the ACC to justify a denial—not on you to justify your project. If the ACC doesn't respond within 30 days, your request is automatically and permanently approved. No more limbo.
Why This Matters to You
Under the old system, the ACC could deny a fence, a shed, or a paint color because it didn't 'harmonize' with some unstated standard. No written criteria, no appeal. The new system flips the power dynamic: they need a real reason to say no, and silence means yes.
Change #4
Your Neighbors' Support Overrides the ACC
Neighbor Consent Override1991 Original (Art. IX)
Only the ACC can approve exterior modifications. Neighbors have no formal role. The ACC operates entirely on internal judgment, and even if every surrounding neighbor supports your project, the ACC can still deny it.
Proposed (2026) — Art. VIII §2
New 'Visual Impact Consent Standard': if 2 neighbors in your direct visual impact zone sign written consent, the ACC has a binding mandate to approve. If you have fewer than 2 qualifying neighbors, fewer consents are needed. If a neighbor doesn't respond to your certified letter within 15 days, silence = consent.
Why This Matters to You
The people most affected by your project (your actual neighbors) now have the final say—not a committee of strangers across the neighborhood. This prevents situations where the ACC blocks a project that no one around you actually objects to.
Change #5
Fines Are Capped at $25—With a Jury of Your Peers
Fine Cap + Due Process1991 Original (Art. VIII §8)
The Board can 'enforce compliance with said rules and regulations by all appropriate legal and equitable remedies.' There is no cap on fines, no requirement for a hearing, and no independent review. A violating owner is liable for 'all damages and costs, including attorney's fees.'
Proposed (2026) — Art. IX §4
Maximum fine: $25 per occurrence. No daily, continuous, or compounding fines—ever. Before any fine is levied, you get a hearing before an independent tribunal of 3 randomly selected homeowners who are NOT on the Board or ACC.
Why This Matters to You
Some North Carolina HOAs have levied thousands of dollars in compounding daily fines for minor violations like a wrong mailbox color. The new covenant caps the financial damage and guarantees an independent hearing—your neighbors judge the facts, not the people who issued the complaint.
Change #6
The Board Cannot Create Secret Rules That Govern Your Property
Shadow Governance Banned1991 Original (Art. VIII §8)
'All Owners and occupants of any Lot shall abide by all rules and regulations adopted by the Board from time to time.' The Board can create new rules at any time. You must follow them. If you violate a Board rule you've never seen, you're liable for 'all damages and costs.'
Proposed (2026) — Art. IX §5
The Board is 'permanently stripped' of the authority to create independent rules, regulations, or guidelines that restrict private property use, appearance, or enjoyment. Every restriction must be explicitly written in the recorded covenant text itself—no surprises.
Why This Matters to You
Under the current system, the Board could adopt a rule banning holiday decorations, limiting paint colors, or requiring specific landscaping—without a homeowner vote. You'd be fined for violating a rule you never agreed to. The new covenant says: if it's not in the recorded document, it's not enforceable.
Change #7
Assessment Increases Now Require Your Vote
Financial Accountability1991 Original (Art. V §3-4)
The Board sets the annual assessment amount each year with no percentage cap and no homeowner vote required. Special assessments can be levied by the Board for any purpose stated in the Articles of Incorporation. The Board can also borrow money and pledge delinquent owner liens as collateral.
Proposed (2026) — Art. IV §3-4
Any annual assessment increase exceeding 10% requires a majority vote of the Members. Any special assessment or commercial loan exceeding $500 per lot in a single year requires a 67% supermajority vote of the entire membership.
Why This Matters to You
Under the current covenants, the Board could double your dues overnight or take out a large loan—all without your approval. The new rules give homeowners direct financial oversight: no surprise increases, no blank checks.
Change #8
The 'Supermajority Lockbox'—Your Rights Can't Be Taken Away
Rights Protection Lock1991 Original (Art. XII §2)
The covenant can be amended with 66.7% of the vote. There are no special protections for any provisions. A future Board could propose restoring foreclosure powers, banning vehicles again, or expanding Board rulemaking—and if they collect enough proxies, they could pass it.
Proposed (2026) — Art. IX §3
Any future amendment that seeks to RESTRICT property rights, EXPAND Board power, or DIMINISH 'Your Home is Your Castle' protections requires 90% written consent of all eligible lots. Rights can be easily expanded (67%) but are practically impossible to infringe (90%).
Why This Matters to You
This is the insurance policy on everything else. Even if a future Board wanted to undo these protections, they'd need written consent from 90% of all homeowners—not just those at a meeting. It's a one-way ratchet: rights can grow, but they can't shrink.
Adopted for member consideration by the Wexford HOA Board
Amendment I: Assessment Enforcement & Ban on Shadow Governance
Article I §1 – Section 1: Amendment to Article V, Section 9 (Assessment Lien and Foreclosure).
Article V, Section 9 of the Declaration is hereby amended to clarify and strengthen the Association's right to collect valid annual and special assessments by adding the following provision at the end of the existing section:
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Section 2: Prohibition on Fine-Based Foreclosure.
Article V of the Declaration is hereby amended by adding a new Section 13, to read as follows:
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Section 3: Cap on Annual Assessment Increases (Amendment to Article V, Section 3).
Article V, Section 3 of the Declaration ("Basic and Maximum Annual Assessments") is hereby amended by adding the following limitation at the end of the existing section:
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Section 4: Ban on Shadow Governance (Amendment to Article VIII, Section 8).
Article VIII, Section 8 of the Declaration ("Rules of the Board") is hereby completely struck and replaced with the following:
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Amendment II: Architectural Control Reform
Section 1: The Presumption of Approval (Amendment to Article IX, Section 3).
Article IX, Section 3 of the Declaration ("Procedure") is hereby amended by adding the following mandate at the beginning of the section:
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Section 2: The Visual Impact Consent Override.
Article IX of the Declaration is hereby amended by adding a new Section 10, to read as follows:
"Section 10. The Neighborhood Consent Override: Three Avenues to Approval. The Association recognizes that the primary stakeholders affected by an exterior property modification are the applicant and their immediate neighbors—not the Board of Directors. To ensure owners can improve their properties without being blocked by aesthetic disagreements with the ACC, a homeowner needs only to successfully complete ONE (1) of the three following avenues to secure a binding mandate of approval for their project:
AVENUE 1: Standard ACC Approval. The Owner submits an application to the ACC, and the ACC issues an approval.
AVENUE 2: Active Consent Override (2 Signatures). If the Owner anticipates resistance from the ACC, or if the ACC denies an application, the Owner may submit the architectural application to the ACC accompanied by the affirmative signatures of at least two (2) Owners of qualifying Lots within their 'Visual Impact Zone' (defined as any Lot sharing a physical side or rear boundary line with the applicant, or directly across the primary street). Upon receipt of these signatures, the ACC is strictly mandated to immediately approve the application.
AVENUE 3: Passive Consent Override (2 Ignoring Responses). If obtaining physical signatures is impractical, the Owner may submit their application to the ACC to receive a tracking reference number. The Owner then sends a copy of the application (via verifiable delivery, such as Certified Mail) to at least two (2) qualifying Lots in their Visual Impact Zone. The notified neighbors have fifteen (15) days from delivery to submit a written objection directly to the ACC. If the ACC receives zero (0) written objections from the notified neighbors within those 15 days, it constitutes legally binding Implied Consent. The ACC is strictly mandated to immediately approve the application.
Limitation: Projects approved via Avenue 2 or Avenue 3 cannot be blocked by the ACC based on aesthetic preferences, 'harmony,' or subjectivity. The ACC may only deny a neighbor-consented project if the ACC can objectively prove it violates a municipal building code, obstructs right-of-way infrastructure, or poses a demonstrable physical safety hazard."
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Section 3: Default Approval Period (Amendment to Article IX, Section 7).
Article IX, Section 7 of the Declaration ("Failure of the Architectural Control Committee to Act") originally grants a thirty (30) day response window. This section is hereby amended to add the following clarification at the end of the existing section:
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Section 4: Engineering & Structural Liability Disclaimer (Amendment to Article IX, Section 8).
Article IX, Section 8 of the Declaration ("Limitation of Liability") is hereby amended by adding the following clarification at the end of the section:
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Amendment III: Due Process and Independent Tribunals
Section 1: Cap on Fines (Amendment to Article VI, Section 1(o)).
Article VI, Section 1(o) of the Declaration ("Powers and Duties of the Board") is hereby amended by adding the following limitations at the end of the existing section:
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Section 2: Due Process and The Anonymous Covenant Grand Jury.
Article VI, Section 1 of the Declaration is hereby amended by adding a new subsection (s), to read as follows:
"(s) Due Process: No fine, penalty, or suspension of privileges may be levied against any Owner without strict adherence to due process. The Owner must first be provided a written warning detailing the specific covenant violated, accompanied by no less than fourteen (14) days to cure the alleged violation. If the violation remains unresolved after the cure period, the Board may not unilaterally impose a fine. Instead, the Board must submit evidence of the violation to an Anonymous Covenant Grand Jury.
The Anonymous Covenant Grand Jury: To prevent neighborhood friction, retaliation, or compromising the safety of residents, the review of fines shall be conducted blindly. The Grand Jury shall consist of three (3) randomly selected homeowners (who are not current Board or ACC members). The Association management or Board shall present documentary or photographic evidence of the violation to the Grand Jury. The identities of the Grand Jury members shall be kept strictly confidential and anonymous from the infracting homeowner. The Grand Jury shall vote by secret ballot on whether the evidence constitutes a clear violation of the Covenants. A majority vote is required to validate the fine. This anonymous, independent validation serves as the final adjudicating step and provides evidentiary weight should the Association need to collect the fine in civil court."
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Section 3: Fine Collection and Enforcement.
Article VI of the Declaration is hereby amended to clarify the Association's collection powers for unpaid fines:
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Amendment IV: Property and Use Rights Guarantees
Section 1: Universal Definition of Visibility.
To prevent ambiguous enforcement and invasive snooping from adjacent properties, the following definition is hereby added to the Declaration and shall apply globally to all Articles, Sections, Rules, and Regulations governing the Property:
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Section 2: Recreational and Utility Vehicles (Amendment to Article VIII, Section 11 & 16).
Article VIII, Section 11 ("Boats and Recreational Vehicles") and Article VIII, Section 16 ("Limitation of Truck Parking") are hereby amended to establish the following modern property rights:
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Section 3: Guarantee of Leasing Rights (Amendment to Article VIII, Section 1).
Article VIII, Section 1 ("Residential Purposes Only") already requires leases to be for an initial term of at least sixty (60) days to prevent transient/hotel use. This section is hereby amended to add the following homeowner protection at the end of the section:
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Section 4: Backyard Hen Keeping (Amendment to Article VIII, Section 9).
Article VIII, Section 9 of the Declaration ("Animals") is hereby amended by striking the word "poultry" from the prohibition and adding the following provision:
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Section 5: Fire Pits and Outdoor Heating (Amendment to Article VIII, Section 26).
Article VIII, Section 26 originally banned all outdoor burning except for cooking. This section is hereby completely struck and replaced with the following:
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Section 6: Federal Telecommunications Rights (Amendment to Article VIII, Section 22).
Article VIII, Section 22 of the Declaration ("Antennae") restricts the placement of antennas and satellite dishes. To bring the community into strict compliance with modern Federal Law, this section is hereby struck in its entirety and replaced with the following:
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Amendment V: Covenants Term
Section 1: Extension of Duration (Amendment to Article XII, Section 1).
Article XII, Section 1 originally expired on June 20, 2026. This section is hereby replaced with the following:
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Amendment VI: Security Disclaimer
Section 1: No Duty to Provide Security (Amendment to Article XII).
Article XII is hereby amended by adding a new Section 7:
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