What are Assessments? (Updated)
The Lake View Park Commission is responsible for the upkeep of the common grounds including the Lake, Dam, Trails and Parkways. Assessments are essentially homeowner dues to ensure funds are available to maintain the common grounds.
Bills are mailed in December and are due by January 31st. A lien against the property is filed when assessments are not paid, after several reminders. When a homeowner becomes seriously delinquent on their assessments, the Lake View Park Commission will, if necessary, foreclose on a property to ensure the funds are available to maintain the our property for the benefit of all homeowners.
Assessments in the Lake View Park community are currently still based on the language from the original deeds dating back to the 1920s or 1930s. In those deeds (which run with the land) the assessment fee was based on a rate per frontage foot. Here is a sample original deed
In 2020 the rate per frontage foot is $3.04.
Do I have to pay my assessment even if I don't use the lake? (New)
Yes. As per each property deed
and the Lake View Park by-laws, it is the mandate of the Commission (the governing body) to collect assessments to adequately maintain the lake, dam, park and all other common property on behalf of property owners.
When is the homeowner's meeting? (Updated)
The annual meeting for property owners is held during the month of October.
An announcement is mailed to each homeowner 30 days in advance of the meeting.
Do I need permission to build? (Updated)
Yes. You must have approval from the Commission for additions or renovations that expand the footprint of your home or the addition of garages or outbuildings.
The Lake View Park Commission, Inc.
P. 0. Box 8332
Asheville, NC 28814
Most plans can be approved if the set-backs are not violated and if the ultimate style and size is in keeping with your lot.
What about city permits and ordinances? (New)
Set-backs in Lake View Park are more restrictive than the City requirements and take precedence over City requirements. In general, the side set-back for lots with 100' or more of road frontage is 15' from the side property line. The side set-back for lots with less than 100', is 10' from the side property line. Front set-backs are generally 30' - 50' and vary by street throughout the neighborhood. As these requirements are not uniform throughout LVP, each home owner should consult the original deed and plat to their property for their specific set-backs and restrictions. In the absence of prescribed set-backs in the deed, the City requirement must be met.
Why the original Deed? (New)
Lake View Park original deeds
(dating in the 1920s, 1930s and 1940s) "run with the land" and therefore are applicable no matter how many times the property has transferred. If you are buying a property or planning alterations, you should be familiar with the property's original deed which can be found at the Buncombe County Court House or through investigation online
What are Covenants? (New)
Covenants are the restrictions of the property which are contained in the original deeds.
Importantly, you must know that the Covenants of Lake View Park Deeds forbid use of a home for anything other than single family usage. Long term rentals are allowed, however short term rentals (Hotels, B&B, Air Bnb, VBRO, etc) are forbidden. The Lake View Park Commission will enforce the Covenants when complaints are received.
In addition, the Covenants forbid usage of any home as a group home.
Can I subdivide my lot? (New)
Subdividing of a platted lot in Lake View Park is not permitted.