Land Covenants & CRA FAQ

The Cardinal is a unique neighborhood. Some properties are subject to recorded land covenants, while the Cardinal Residents Association (CRA) is a voluntary membership organization that helps maintain and improve the community.

This FAQ explains the difference, answers common questions from homeowners, buyers, Realtors®, and closing attorneys, and provides links to the official records.

This information is provided as a community resource and is not legal advice about a particular property.

1. What are the Cardinal land covenants?

The land covenants are recorded restrictions that apply to certain properties within The Cardinal. They were created as part of the original development and are separate from membership in the Cardinal Residents Association.

The Declaration available to CRA is recorded with the Guilford County Register of Deeds at Book 3479, Page 533 (1985). You can search for the document through the official Guilford County land-records portal.

The Declaration applies to the specific lots identified in the recorded document. Other sections of the Cardinal may have different recorded restrictions, so homeowners and closing professionals should always check the records for the individual property.

Sources: Declaration, Book 3479, Page 533; N.C. Gen. Stat. § 47-18.

2. Is CRA membership the same thing as the land covenants?

No. They are two different things.

Land covenants are recorded restrictions that may apply to the property itself.

CRA membership is voluntary participation in the Cardinal Residents Association. CRA membership helps fund the maintenance, landscaping, beautification, and neighborhood projects that benefit the Cardinal community.

Under CRA Bylaws, Article II, Section 1, CRA membership includes qualification for membership, Board approval, and payment of the membership dues established by the Board.

A homeowner does not have to be a CRA member for recorded covenants applicable to that property to remain relevant.

Sources: CRA Bylaws, Article II, Section 1; Declaration, Book 3479, Page 533.

3. Are CRA dues mandatory?

CRA dues are voluntary, but they are extremely important to maintaining our neighborhood.

The Declaration at Book 3479, Page 533 does not impose CRA dues or assessments on the properties covered by that Declaration. CRA dues are instead associated with voluntary CRA membership under CRA Bylaws, Article II.

Those dues help pay for the work residents and prospective buyers see throughout the community: landscaping, entrances, the Gatehouse, common areas, beautification, maintenance, and neighborhood improvement projects.

The fact that the original developer did not make CRA dues a mandatory deed obligation doesn't make those expenses disappear. CRA depends on neighbors voluntarily supporting the community.

If you enjoy the benefits of a maintained Cardinal neighborhood, we hope you'll help support it.

Sources: Declaration, Book 3479, Page 533; CRA Bylaws, Article II, Sections 1(c) and 4; CRA Articles of Incorporation, Article III.

4. How do I know whether my property has land covenants?

The best way is to check the recorded documents for the individual property.

For the Declaration at Book 3479, Page 533, the following properties are specifically identified:

• Lots 1–33, Section 7, Phase A — Plat Book 72, Page 142

• Lots 34–46, Section 7, Phase B — Plat Book 72, Page 144

• Lots 10–15 and Lots 21–23, Section 9, Phase B — Plat Book 79, Page 145

Other Cardinal properties may be subject to a different recorded instrument.

You can search by owner, deed, plat, and other property information through the Guilford County land-records portal.

For a purchase or sale, your closing attorney or title professional should determine which recorded documents apply to the specific property.

Source: Declaration, Book 3479, Page 533.

5. What if the covenants aren't written on my current deed?

They may still apply.

Recorded covenants are often contained in a separate recorded Declaration rather than copied word-for-word into every deed issued afterward.

Paragraph 21 of the Declaration states that the covenants are intended to run with the land. Whether a particular Declaration applies to your property should be determined from the property's recorded chain of title.

You can search the Guilford County land records here.

Sources: Declaration, Book 3479, Page 533, Paragraph 21; N.C. Gen. Stat. § 47-18.

6. What if no one told me about the covenants when I purchased my home?

The first step is to check the recorded documents for your property.

The relevant information may be found in your deed, prior deeds, recorded plats, declarations, restrictions, or other documents in the property's chain of title.

North Carolina law generally provides for recording real-property interests so purchasers can identify matters affecting title. See N.C. Gen. Stat. § 47-18.

If you're unsure what applies to your property, a North Carolina real-estate attorney or title professional can review the property's records.

7. What kinds of restrictions are contained in the Cardinal covenants?

The full recorded Declaration should always be consulted, but Book 3479, Page 533 includes restrictions addressing such things as:

• Residential use

• Business or commercial use

• Building plans and exterior construction

• Building setbacks

• Fences and signs

• Junk automobiles and salvage

• Motor homes, trailers, boats, and recreational vehicles

• Paved driveways

• Trash, rubbish, and dumping

• Front-yard antennas, basketball backboards, and similar play equipment

• Satellite-dish antennas

• Minimum dwelling size

• House orientation

• Temporary structures

• Sewer and septic requirements

• Certain building materials

Some provisions may also be affected by later laws or recorded documents, so questions involving a specific property or improvement should be reviewed individually.

Source: Declaration, Book 3479, Page 533, Paragraphs 1–20.

8. Who can enforce the land covenants?

Paragraph 22 of the Declaration provides that the covenants may be enforced through proceedings at law or equity against someone violating or attempting to violate them. It specifically provides for enforcement by an owner, owners, or group of owners of the covered lots.

CRA membership and covenant enforcement are separate issues. Questions about who has legal standing to enforce a particular restriction should be evaluated based on the applicable documents and circumstances.

Source: Declaration, Book 3479, Page 533, Paragraph 22.

9. Did the covenants expire after 25 years?

The Declaration contains an automatic renewal provision.

Paragraph 21 provides for an initial 25-year period followed by consecutive 10-year extensions unless the required owners record an instrument changing the covenants in whole or in part.

Paragraph 12 also provides that invalidation of one restriction does not automatically invalidate the remaining restrictions.

Because older restrictions can be affected by later recordings and North Carolina law, including the Marketable Title Act (Chapter 47B), questions about the current enforceability of a restriction against a particular property should be directed to a North Carolina real-estate attorney.

Sources: Declaration, Book 3479, Page 533, Paragraphs 12 and 21; N.C. Gen. Stat. Chapter 47B.

Buying, Selling & Closing in the Cardinal

10. I'm a Realtor® or closing attorney. What should I tell my client about CRA?

Please help us welcome new homeowners to the Cardinal!

CRA is different from many traditional mandatory-dues HOAs. Membership is voluntary, but the work supported by our members benefits the neighborhood as a whole.

CRA dues help support landscaping, entrances, the Gatehouse, common-area maintenance, beautification, and other projects that help make the Cardinal an attractive and desirable neighborhood.

When a Cardinal home changes hands, we encourage Realtors®, sellers, and closing professionals to introduce the buyer to CRA and explain the value of becoming a member.

A buyer is making a substantial investment in their new home. CRA membership is a small investment in the neighborhood surrounding it.

Please encourage your clients to join CRA and support the community.

Sources: CRA Articles of Incorporation, Article III; CRA Bylaws, Article II, Sections 1 and 3.

11. Why should a homeowner pay voluntary CRA dues?

Because a beautiful neighborhood doesn't maintain itself.

Mowing, landscaping, entrances, common areas, the Gatehouse, seasonal improvements, maintenance, and neighborhood projects all cost money.

CRA members voluntarily share those costs because they recognize that maintaining the community benefits everyone and helps make Cardinal a neighborhood where people want to buy and live.

When more homeowners participate, CRA can accomplish more — and the cost isn't left to a relatively small group of neighbors who choose to support the community.

Voluntary doesn't mean unimportant.

We encourage every homeowner in the CRA area to participate.

Sources: CRA Articles of Incorporation, Article III; CRA Bylaws, Article II, Section 1(c).

12. The seller has an unpaid CRA membership balance. What should happen at closing?

We encourage the seller to bring their CRA membership account current before closing.

CRA membership dues support the neighborhood services and improvements the homeowner enjoyed while living in the Cardinal.

Because CRA dues are not a mandatory assessment imposed on the property by the Declaration at Book 3479, Page 533, an outstanding CRA membership balance should not be confused with a mandatory assessment against the buyer's new property.

If your closing office identifies a CRA membership balance, please contact CRA for current account information.

We appreciate Realtors®, sellers, and closing professionals encouraging homeowners to leave their CRA membership account in good standing when they move.

13. Does the buyer inherit the seller's unpaid CRA membership balance?

No. The new homeowner starts fresh.

Under CRA Bylaws, Article II, Section 3, CRA memberships are not transferable.

Rather than transferring the previous owner's membership or balance, we encourage the seller, Realtor®, or closing professional to introduce the new homeowner to CRA.

New homeowner? Welcome to the Cardinal! We'd love to have you become a CRA member and help support your new neighborhood.

Source: CRA Bylaws, Article II, Section 3.

14. Does CRA require a Resale Certificate or HOA Payoff Statement?

CRA does not operate like a traditional mandatory-assessment HOA.

The Declaration at Book 3479, Page 533 does not impose CRA assessments on the property, and CRA Bylaws, Article II, Section 3 provides that CRA membership is not transferable.

If a Realtor®, closing attorney, lender, or title company needs information about the current homeowner's CRA membership or account balance, please contact CRA directly. We are happy to provide the membership information available in our records and help point the transaction in the right direction.

And while you're contacting us, please help us introduce the buyer to CRA!

Every home sale is an opportunity to welcome another neighbor into the association and strengthen the community.

Sources: Declaration, Book 3479, Page 533; CRA Bylaws, Article II, Sections 1 and 3.

15. Are voluntary CRA dues and the land covenants the same thing?

No. This is the most important distinction to remember.

CRA membership and dues are voluntary. Recorded land covenants applicable to a property are a separate matter.

Choosing not to become a CRA member does not mean a homeowner can opt out of recorded restrictions applicable to their property.

When buying or selling a Cardinal home, think about these as two separate questions:

What recorded covenants apply to the property?
The closing attorney or title professional should determine this from the property's recorded title documents.

Will the homeowner support CRA?
We certainly hope so! CRA relies on neighbors working together to maintain and improve the community.

Sources: Declaration, Book 3479, Page 533, Paragraph 21; CRA Bylaws, Article II.

Important Note

This FAQ provides general information about the Declaration at Guilford County Book 3479, Page 533 and the separate Cardinal Residents Association governing documents. Individual properties may have different deeds, plats, restrictions, amendments, or other recorded instruments.

For questions about a specific property's title or the legal enforceability of a particular restriction, consult a North Carolina real-estate attorney.

The North Carolina Planned Community Act (Chapter 47F) contains laws governing planned communities in North Carolina. See G.S. 47F-1-102 regarding applicability.

Older recorded restrictions may also involve the North Carolina Marketable Title Act (Chapter 47B).

Recorded property documents can be searched through the Guilford County land-records portal.