TROA Policies

Collections
Covenant Violations
Real Estate Signs
Windows

Annual TROA Assessments are due on January 1st and will be considered delinquent if full payment is not received by the January 31st. A $20 late fee will be applied at the end of each month until the Assessment is paid in full. Riverwalk & Greenview Monthly Maintenance Assessments are due on the 1st of the each month and will be considered delinquent at the end of that month. A $20 late fee will be applied at the end of each month until the Monthly Assessments are paid in full.

• The 1st Delinquency Notice will be sent at the end of the month in which the account becomes delinquent (at 30 days…February 1st for Annual Assessments). If the Assessment is paid in full and only has an outstanding late fee for one month…the late fee will be waived.
• If full payment is not received within 30 days of the 1st Notice…a 2nd Delinquency Notice will be sent (at 60 days… March 1st for Annual Assessments). A $20 late fee will be applied to the March 1st invoice and each month thereafter until the Assessment and late fees are paid.
• If the account is still not paid in full after 90 days (on April 1st for Annual Assessments) or if the amount due is over $300 (including Assessments, late fees, & mowing fees)…the owner will receive a final 15-day Response Demand Letter. If there is no response to the Demand Letter …a lien will be placed on the property. A copy of the notice of lien may be mailed to the Owner and to the mortgage lender…with a request that the lender send a letter to the owner to collect the money due.
• Any account that is still not paid after 150 days (on June 1st for Annual Assessments) and with a balance over $500 (including Assessment, late fees, legal fees & mowing fees) may be foreclosed. Each foreclosure will be voted on by the Board after the Owner’s payment history is reviewed to see if there is a pattern of late payment. An “Intent to Foreclose” letter will be sent to delinquent Homeowner and mortgage lender within five days and a Foreclosure action will be filed with Durham County Clerk of Court within 10-20 days from the letter. A Hearing will be set for 35-40 days later and an “Order of Foreclosure” will be obtained at hearing. A Notice of Sale will be published and the Association may put in a bid. At this point…the owner will be evicted.
• TROA is entitled to recover reasonable attorney’s fees and collection costs incurred in the collection of assessments or other charges due from the owner. These attorney’s fees will be due and payable immediately when incurred.
• Payments received from an Owner will be credited in the following order: legal fees, court costs and other costs of collections…late charges…all other charges incurred by the association as a result of a violation by an owner or his “agents” of Declaration, bylaws, rules and regulations or resolutions….the Assessment for a unit, including any accelerated, special assessment, or annual portion of Property/Liability insurance premium due.
• The Board may waive the provisions of this Policy if the Owner files a petition in writing showing personal hardship. The Board will appropriately document any action taken in these conditions and may also vote to modify these provision as appropriate in each case (i.e., extend time for filling lawsuits or liens).

Mowing Fees

TROA offers to mow the streetscape of any un-built lots and lot owners will receive a letter describing this service in February. The owner must contact our Management Company, HRW, to advise them if they prefer to maintain the lot on their own within 14 days. If the owner fails to respond…or does not maintain the lot as required…TROA will maintain the lot and bill the owner for the service. These fees become part of assessments and are collectible if unpaid.

In addition, if an Owner of any lot (built or un-built) does not adequately maintain it…TROA will send them a letter asking them to do so. If Owner does not take care of the lot within 14 days, the Association will maintain the lot and bill the owner for the service.

Violations of the Covenants

According to the Covenants and By-laws, the TROA Board is authorized to enforce all rules and regulations established under the Covenants. It can also punish owners who violate the Covenants with monetary fines or suspension of voting rights or right to use common areas. In addition, the Board has the right to pursue legal options to address violations or abate nuisance situations.

Owners who are found to be in violation of the Declaration of Covenants, Conditions, and Restrictions for TROA and/or of the Attachments or Exhibits associated with them will receive a violation letter summarizing the infraction and outlining the procedures for correcting it. If the infraction is not corrected, the owner will receive a second violation letter. If the infraction remains after the second notice is sent, the owner will receive a third violation letter which gives the violator a five (5) day notice to correct the infraction prior to a hearing before the Board.

At the Hearing, the owner will have an opportunity to present evidence as to the violation. If the Board does not feel the evidence is sufficient to mitigate the violation, the Board shall impose fines (up to $100 per day), starting the fifth (5th) day after the hearing, until the violation is corrected.

If the violation is corrected within the above parameters, any subsequent violations for the same infraction will result in the owner receiving another notice for a hearing before the Board and the continuance of fines (starting the day of the violation report) until the violation is corrected.

All fines are subject to TROA's Collections Policy.

Real Estate Sign Specifications for the Sale of Individual Homes
As Established by the TROA Board

• Maximum Dimensions (as per City of Durham & Industry Standards)
        Maximum Height: 38.5 inches
        Face Area: 864 square inches
• All information must be confined to “Face Area” of sign.
• Only one sign is permitted for each Property.
• No signs are permitted on Golf Course side of Property.
• “For Sale by Owner” signs are permitted if they meet the above specifications.
• “For Rent” signs are not permitted.
• “Open House” signs are permitted on the day of the “Open House” but they must be removed at the end of the day.