Miscellaneous Information Edit page

Condominiums have homeowners’ associations that are responsible for the ownership, administration, maintenance, management, and operation of the common areas and facilities of Hawthorne Court. Our homeowners’ association is the Hawthorne Court Condominium Owners Association, Inc. ("HCCOA"), which is a non-profit corporation established under North Carolina law. The Articles of Incorporation, Declaration of Condominium, and Bylaws (the "Condominium Documents") are the legal documents that establish the legal existence, identity, corporate structure, and management of the HCCOA and the Hawthorne Court Condominium buildings and property. Each homeowner is a member of HCCOA and has a role similar to the role of a shareholder in a corporation; collectively, we own the corporation that constitutes the homeowners’ association.

The Condominium Documents are our governing law and

• require that the business and affairs of the HCCOA will be managed by the Executive Board;
• set limits and restrictions on the use of the Units and the Common Elements;
• describe the legal responsibilities and authority of the HCCOA and the Executive Board and
• permit the HCCOA to make rules and regulations through its Executive Board concerning the use of the Units and the Common Elements.

In effect, provisions of the Condominium Documents constitute the rules (the "Rules") the Homeowners must follow. The primary purpose of the Rules is to facilitate the Homeowners' use and enjoyment of Units and Common Elements and are legally binding on all Hawthorne Court Homeowners (and their tenants).

The HCCOA Executive Board is responsible for the management and operation of the HCCOA and is made up of 3 homeowners, who are elected by the Homeowners every year. The Executive Board is responsible for representing the Homeowners in the management and operation of Hawthorne Court in the same way that elected representatives represent voters in local, state, and national government.

The following information addresses homeowners’ most frequently asked questions and are just summaries or excerpts from the Condominium Documents, which contain other rules that are binding on all homeowners and their guests and renters.

If you have any questions about any other provisions or rules not described here, please review the Documents or contact a board member.

Parking

Each unit has its own parking, and the community has several unassigned spaces. Parking rules are provided below.

"No Owner, and no employee, agent, or invitee or any Owner, shall park, store or keep any vehicle on the Property except wholly within those portions of the Common Elements designated as parking areas by the Association, and in particular shall not block the private street or driveway of any other Owners.... The four (4) unassigned parking spaces shown on the Plans shall be available to all Owners or their guests, without charge, on a first-come, first-served basis, but subject to any rules or regulations that may be promulgated by the Association for their use.... The Association shall have the right to tow any vehicle in violation of this section 7.5."

From Section 7.5 of the Declaration of Condominium, Article VII - Restrictions on Use.

Homeowners are reminded that they are responsible for their guests' violations of parking and other HCCOA Rules.

If you’ve been at Hawthorne Court for a while, you know that parking here can get a little tight, and maneuvering in tight spaces is tricky. So the Hawthorne Court Condominium Owners Association (the "HOA") wants to provide this information about parking in an effort to make sure everyone knows the rules.

Unit Parking. Each resident and its guests may park in the spaces that are designated for the unit.

• For two story units, designated spaces are the single, parallel space directly in front of the unit or the space to the right of the fountain for unit 914 (which is reserved for 914 resident). Cars must be parked inside the pavement seam running in front of the units to avoid intruding into the driveway area.
• For three story units, designated spaces include the garage, the carport, and the driveway serving the unit.

Guest Parking. Hawthorne Court has 4 guest spaces: 1 beside the trash corral, 1 to the left of the fountain, and 2 beside the mailboxes.

• Residents and their guests may park in these 4 spaces on a first-come, first-served basis.
• Cars parked beside the mailboxes must be pulled forward to the end of the parking space all the way to the concrete parking stops so as not to partially or completely block adjoining driveways.
• Cars parked beside the mailboxes may not take up more than one space and must park to the left or right of the pavement seam that marks the separation between the two spaces.
• Residents are requested to be considerate in their use of guest spaces to ensure availability for guests.

Generally. Vehicles may not block access to the property, a unit or a parking space; vehicles may not block a lane of the driveway that would prevent cars from coming in and out simultaneously; vehicles may not be parked except in the spaces described above; vehicles may not park on the grass; residents are responsible for ensuring that their guests conform with these rules and will be subject to penalties for guest parking violations.

Penalties. If a resident or its guest violates the parking rules (or other rules), the HOA may give notices and levy fines as follows:

• 1^st violation – written warning
• 2^nd violation – $25 fine
• 3^rd violation – $50 fine
• 4^th violation – $100 fine
• Cars blocking access to designated parking spaces may be towed

Trash and Recycling

Each unit should discard trash in a rollout container provided by the City of Charlotte. Recycling is to be discarded in a green rollout container, which is also provided by the City of Charlotte. The 3-story units are required to store their trash containers in their garages, and the 2 story units may store their containers in the trash corral. Units may share trash containers by agreement of the owners. Containers may be taken to the curb on Monday evenings for pickup by the City on Tuesday and must be brought back in on the same day trash is picked up by the city (every other Tuesday for recycling; visit the Charlotte Solid Waste Services page for more info on city waste collection services and schedule).

Leasing

The Declaration of Condominium was amended by vote of the homeowners to limit the number of units that can be rented at any one time to a maximum of 6 and to prohibit rentals of less than 90 days to prevent transient rentals such as Air BnB. A copy of any lease must be furnished to the HOA within 10 days of lease date.

Pets

"No pet shall be permitted upon the Common Elements unless carried or leashed by a person that can control the pet. All pets shall be controlled so as not to create a nuisance or unreasonable disturbance (including loud and excessive barking) on the property. Pets shall not be permitted to defecate in the Common Elements, and each owner shall clean up immediately after his pet if an accident occurs.... If any owner violates these rules more than twice in any twelve (12) month period, then in addition to any fines provided in the Bylaws, the Association shall have the right to require the Owner to remove the pet permanently from the property upon not less than ten (10) days notice."

From Section 7.8 of the Declaration of Condominium, Article VII - Restrictions on Use.

Signs

"No signs or other advertising devices shall be displayed on or about the exterior of any unit, or in the Common Elements, except for a name plate or sign not exceeding twenty-four (24) square inches in the area on the main door to each unit."

From Section 7.13 of the Declaration of Condominium, Article VII - Restrictions on Use.

Graffiti

Although we own the wall nearest Hawthorne Lane, the City of Charlotte may take care of any graffiti should that appear, and possibly on the electrical box in the front as well.  The HOA board will contact the City of Charlotte.

The point of contact at the City is:
Inspector Eric Ross - East Service Area
Code Enforcement Inspector - Housing & Neighborhood Services City of Charlotte
3305 Central Ave, Charlotte NC 28205
Phone:  704.436.4069