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August 27, 2007

Do You Want to See Real Estates Signs all over Beech Mtn? Neither Do I!!!

Three or four weeks ago I had the opportunity to stop by the Town of Beech Mountain and meet with Bobby Dziewulski who works in the Inspections/Zoning Dept. Bobby is a very nice person who never hesitates to take the time to explain the various ordinances that I may have questions on. The ordinances are available for viewing on the Town's website: http://www.townofbeechmountain.com/services/ordinances.html. However, (to continue, click 'comments')

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Kathy Barley said...

(Continued) However, the language of some of these ordinances is vague so I always go to the Town for clarification if I am not sure of the intent of the language. At the time of my meeting with Bobby, I asked about the real estate agency signs that are cropping up way too much lately and showed him Page XIX-16 of TITLE V, Ch. 51 of the Zoning Ordinances. This page contains language Section 1917. Real Estate Signs. Bobby told me that the language was put in to give owners guidelines as to how they can advertise their property; real estate agent signs are not allowed. I replied that I had heard that interpretation for as long as I have been coming to Beech Mountain and certainly agreed with it but that the language did not seem to clearly reflect it. Additionally, it appears that others do not understand it either as there are more and more real estate signs cropping up on residential properties. He said other agents had expressed the same concern and that if I would give him the street addresses where the signs were located he would make sure they were taken care of.

On August 21st, I was provided with a copy of an undated letter that was prepared by Bobby and addressed to Beech Mountain Real Estate Agents. The content, verbatim, is as follows:

"As many of you know, the original declaration of restrictions of the Beech Mountain Subdivision made by Carolina Caribbean prohibited most real estate signage. Although the declaration of restrictions prohibited such signage the document provided the authority to enforce the restriction to Carolina Caribbean Corporation. Therefore Town officials do not have the authority to enforce the restriction.

The Town Code of Ordinances allows for real estate signs if they meet the following criteria:

* The property owner must obtain the sign
* The sign must not exceed two square feet
* The sign must be erected on the property that is being offered for sale
* The sign shall conform to all other applicable provisions of the sign ordinance
* The sign shall be removed within seven days after the property is sold
* All real estate sign permits are valid for a period of six months

Sign permits will be available at the Town Hall. If you have any further questions contact Keith or Bobby at 387-4236

Bobby Dziewulski"

In researching this new information, I was told that this issue has come up in years past through the Town Council and that attorneys over the years have agreed that the Town cannot, or will not, enforce the deed restrictions but that individual property owners who fall under those restrictions CAN enforce them on others through the courts if they are so inclined. It is my understanding that this is the ONLY WAY our deed restrictions can be enforced. Accordingly, REAL ESTATE AGENTS CURRENTLY DO HAVE THE ABILITY TO PLACE "FOR SALE" SIGNS on residential as well as commercial properties on Beech Mountain without retribution as long as they follow the current zoning ordinances relating to signs.

With 475 residential homes, condominium units and vacant lots currently listed on the MLS system for Beech Mountain, this allowance of real estate signs by real estate agents has the potential of allowing our beautiful mountain to have the appearance of having a 'fire sale'.

I am a real estate broker and REALTOR, as well as a homeowner and landowner on Beech Mountain. I understand the duties and obligations of doing everything I legally can as a real estate broker and REALTOR for my clients, many of whom are also Beech Mountain property owners. I do not take these obligations and duties lightly. Now that the non-enforceability of the deed restrictions has been addressed and put into writing, I will explain to my clients who wish to list their property for sale that if we put a sign on every property that is currently for sale it is not going to be a pretty sight and may actually detract from it's value. I truly believe this, have spoken with others to get their opinion and have found, without exception, it is theirs as well. As a real estate broker, I just don't think posting a real estate office sign as advertising is in the best interest of anyone except for the particular real estate office advertising the property; I have a duty to my client, not my office or myself.

There are so many other ways to advertise property rather than potentially demean the value of Beech Mountain itself by erecting a mass quantity of signs... and I'm sure it will be a mass quantity if it isn't stopped now before all real estate offices jump on the bandwagon. A prospective buyer has only to stop into any real estate office on this mountain or off, or pick up a Homes and Land or Real Estate Book magazine, to find out what properties are for sale in their criteria and budget. And if an owner still wants a sign in their yard or on their house advertising the sale they can always simply include their phone number on their own Town approved sign and refer anyone calling to the listing agent. However, if a client of mine decides he/she wants a real estate office sign on his/her property, it will then become my obligation to do so.

As a Beech Mountain property owner myself, I do not want to see our mountain become an eyesore due to the potential of how many signs could actually be put up in addition to the existing "for sale by owner", commercial and builder signs. I am also concerned that if the Town cannot enforce this particular deed restriction, do we have zoning ordinances and/or other safeguards in place to protect all of our other deed restrictions? I do not know why the authority to enforce these restrictions was not transferred to another entity at the time Carolina Caribbean left the picture or if there is some way the authority can be established at this time. If you are as concerned about this issue as I am, you may want to contact your attorney to see what you, as an individual, can do to protect your rights.

Debbie E. Canady

August 28, 2007 at 7:53 AM

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