Why covenants exist
A recorded declaration of covenants, conditions and restrictions — the CCRs — is a private contract that runs with the land. Every owner is bound by it, including owners who never read it. In a custom estate community, its purpose is narrow and valuable: keep construction quality consistent, prevent the one decision that devalues a street, and fund the maintenance of shared assets that no individual owner controls. Ponds, dams, entry monuments, sidewalks, and trails are exactly this kind of asset.
What dues typically fund in a low-amenity community
- common-area landscaping, irrigation, and seasonal plantings;
- entry monuments, gates, and access systems;
- pond, shoreline, and dam maintenance — often the single largest line item;
- sidewalk, trail, and common-lighting upkeep;
- association insurance, management, accounting, and legal;
- reserve contributions for capital repair and replacement.
A community with no clubhouse, pool, tennis courts, or staff carries a fundamentally different cost structure from a club community. That is a deliberate positioning choice, and it shows up in the annual assessment. See Amenities for what Highgate does and does not maintain, and Community Comparisons for how amenity posture differs across the corridor.
Architectural review: what it means in practice
Expect written approval to be required before exterior work begins. Typical triggers include new construction, additions, roof and siding material changes, exterior color, pools and spas, outbuildings and pergolas, fencing, driveways and hardscape, substantial landscaping and tree removal, generators, and mechanical screening. Guidelines commonly address massing, materials, roof pitch, fenestration, setbacks, and site lines.
Practical advice: read the guidelines before you engage an architect, and submit a complete package the first time — site plan, elevations, material and color specifications, and landscape plan. Builders and designers who work in the corridor regularly know what committees expect; that experience is worth more than it looks. See Custom Homes and Renovations.
The document checklist
Before you go under contract in any covenanted community, get and actually read:
- the recorded declaration and every amendment;
- bylaws and articles of incorporation;
- architectural guidelines and any design review procedures;
- current budget, dues schedule, and any special assessment history;
- the most recent reserve study and the reserve balance;
- board and annual meeting minutes for the last one to two years;
- the association's insurance certificate;
- any resale, estoppel, or statement-of-account certificate;
- the recorded plat, showing easements, common areas, setbacks, and buffers;
- any pending litigation disclosure.
Two questions cut through most of it: is the reserve adequately funded for the shared infrastructure this community actually owns, and has the board historically enforced the covenants evenly. A well-drafted declaration that no one enforces protects nothing.
North Carolina specifics
North Carolina's Planned Community Act (Chapter 47F of the General Statutes) governs most communities created after 1999 and supplies default rules on assessments, liens, meetings, and enforcement. Associations may lien and, following statutory procedure, pursue collection remedies for unpaid assessments. Older communities may be governed largely by their own recorded documents. None of this is legal advice — engage a North Carolina real estate attorney for any specific property.
Common questions
Does Highgate have a homeowners association?
Yes. Like effectively every custom estate community in southern Union County, Highgate is governed by a recorded declaration of covenants and an owners' association. This website is independent and does not speak for that association — confirm current dues, rules, and contacts with the association directly.
What do HOA dues typically cover in a community like this?
In a low-amenity estate community, dues generally fund common-area landscaping and irrigation, entry monuments and gates, pond and dam maintenance, sidewalk and trail upkeep, common-area lighting, insurance and administration, and reserves for capital repair. Communities without a clubhouse, pool, or staff typically carry materially lower dues than club communities.
What documents should I read before buying in a covenanted community?
The recorded declaration of covenants, conditions and restrictions and all amendments; the bylaws and articles; architectural guidelines; the current budget, dues schedule, and reserve study; recent board and annual meeting minutes; the insurance certificate; any resale or estoppel certificate; and the recorded plat showing easements, setbacks, and common areas.
Do I need architectural approval to renovate or build?
In nearly all covenanted estate communities, yes. Exterior changes — new construction, additions, roofing, paint and material changes, pools, outbuildings, fencing, hardscape, significant landscaping, and often generators and antennas — require written approval from an architectural review committee before work begins. Approval processes and submittal requirements vary; read the guidelines before you design.
Can an HOA foreclose over unpaid dues in North Carolina?
North Carolina's Planned Community Act permits an association to place a lien for unpaid assessments and, subject to statutory procedure, to pursue foreclosure. This is general information, not legal advice — consult a North Carolina attorney about any specific situation.
Are covenants enforceable if they were recorded decades ago?
Generally yes, recorded covenants run with the land and bind subsequent owners, subject to their own terms, amendments, and applicable North Carolina law including the Marketable Title Act and the Planned Community Act. Have counsel review the recorded chain for any property you are serious about.
Also read
- Buying Guide — the full purchase sequence for a low-inventory community.
- Estate Home Glossary — definitions for the terms used above.
- FAQ — direct answers about Highgate specifically.