WFCA Information

What are the relevant WFCA regulations?

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Why do all WFCA residents need to pay for pond upkeep?

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What are the WFCA requirements for the upkeep of the ponds?

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How is WFCA different from an HOA?

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Who approves external changes within WFCA?

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Why can't WFCA address some of my neighborhood complaints?

Overview

WFCA is a COMMUNITY ASSOCIATION which encompasses EIGHT neighborhoods; five of which are the single family neighborhoods of  Sweetbriar, Laurelwood, Bent Tree, New Bent Tree, and Olde Mill, plus the three HOA communities of Moss Creek, Moss Creek Village and Bayberry.  Each neighborhood has its own set of CCRs.

The significant difference between a community association and a homeowners association is that, unlike the HOA, WFCA may only expend funds on areas that are designated as “common areas”.  WFCA funds cannot be used for private residences.

WFCA assesses a fee one time a year.  WFCA dues are collected by the WFCA management company, Capital Realty.  The three HOA communities are managed by different companies.  The HOA residents are assessed monthly payments in additional to their yearly WFCA dues.

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Why do all WFCA residents need to pay for pond upkeep?

The first part of the response is based in legal requirements. When WFCA was developed, a set of regulations known as the CCRs (Declaration of Covenants, Conditions and Restrictions) was instituted. The intent of such CCRs is to maintain a standard of quality in a neighborhood.  They serve to ensure the community is maintained to sustain overall property values.

All home owners in the eight neighborhoods of WFCA are identified as as members of WFCA.  Each unit is given one vote per household.  All annual assets are determined by dividing the approved annual budget by the number of households in WFCA.  There are 417 households. Therefore, assessments cannot differ based upon location.  There is only one annual assessment per year.  

The second part of the response is related to the topography of the community. The ponds serve as a significant waterway for the drainage of a large area, not all of which is located within the boundaries of WFCA.  Original streams were used to create the current pond system.  The city requires that pond #7 serve as a retention pond to abate flooding alongside East Winslow Road.

What are the WFCA requirements for the upkeep of the ponds?

The WFCA CCRs clearly state that WFCA is to “keep the waterscape in a first-class condition.” Specifically, WFCA “shall insure, maintain, repair and replace the ponds, and pumping equipment” and apply pesticides necessary to “eradicate undesirable insects and weeds.”  Pond maintenance and repair is defined as a “community expense.”

However, it should be noted that historically the CCRs of both Moss Creek and Moss Creek Village include “ponds” in their descriptions of their “common property.”  This has lead to some disagreement concerning shoreline maintenance. This disagreement recently became a significant issue after a property line survey concluded that some of the shoreline surrounding P3 lies within Moss Creek boundaries.  There are on-going legal communications that may result in mediation. It should be noted that converting P3 to a stream channel could require legal authorization to change the property as some of the areas in question are designated as private property.

Of particular note is the issue of erosion encroaching on private property. Some shoreline has eroded to the extent that it now threatens a private property.  Legal action may be filed against WFCA and/or Moss Creek if the issue as to which organization is responsible for the resolution of the problem is not immediately addressed.

How is WFCA different from an HOA?

The significant difference between a community association and a homeowners association is that, unlike the HOA, WFCA may only expend funds on areas that are designated as “common areas” specifically to WFCA.  WFCA funds cannot be used for private residences or for common areas that are designated as part of the three HOAs.

As a community association, WFCA has limited authority to monitor neighborhoods.  Each neighborhood has its own set of CCRs.

WFCA assesses a fee one time a year.  WFCA dues are collected by the WFCA management company, Capital Realty.  The three HOA communities are managed by different companies.  The HOA residents are assessed monthly payments in additional to their yearly WFCA dues.

  1. Note: Currently, MC owners pay $260 per month, MCV pay $265 per month and Bayberry residents pay $145 per month.
  2. The fees provide for EXTERNAL structural maintenance (not including windows) that may include but not be limited to roofs, trim repair, garage doors, etc.

Who approves external changes within WFCA?

Except for the HOAs of Moss Creek, Moss Creek Village and Bayberry, each neighborhood is to establish its own “Architectural Committee” to approve/reject requests for external changes. When no neighborhood committee exists, WFCA is the default approving body. Each neighborhood is encouraged to maintain its own Architectural Committee. click here for the WFCA website and all CCRs.

It should be noted, that ALL requests to install fences in any of the five single-family neighborhoods must be submitted to WFCA for approval prior to installation.

The HOAs in Moss Creek, Moss Creek Village and Bayberry monitor their own CCRs.  Some WFCA residents may be interested to know the residents of the three HOAs pay MONTHLY assessments beyond their WFCA annual dues.

  1. Restrictions to external items are more limiting under the HOA’s CCRs than what is prescribed in the CCRs of the single-family home neighborhoods.
  2. The three HOA communities have responsibility for maintaining the upkeep of their own common areas to include such items as landscaping, tree removal, sidewalks, snow removal and non-city street repair.
  3. By regulations, WFCA CANNOT contribute to the upkeep of the HOA designated common areas.

    Why can't WFCA address some of my neighborhood complaints?

    Since WFCA has jurisdiction only over its designated common areas, NOT private property, many complaints are NOT subject to WFCA monitoring. Examples include but are not limited to:

    1. Sidewalks are the responsibility of the homeowner in the neighborhoods outside of the three HOAs. (MC, MCV and Bayberry are responsible for sidewalks in their respective neighborhoods.) Note that the city does provide some assistance for sidewalk maintenance.
    2. Complaints about lawn violations, disturbances or nuisances fall under the jurisdiction of the city.