Friday, May 30, 2008

The Headwaters at Banner Elk and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations of the Act may result in criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Fact: Western North Carolina Mountain Land is Hazardous.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for information regarding the Western North Carolina Landslide Mapping Program.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Headwaters at Banner Elk subdivision is located near the town of Banner Elk. It is unknown whether The Headwaters at Banner Elk sales are covered under the Interstate Land Sales Full Disclosure Act. For information concerning consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Echota and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations of the Act may result in criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Fact: Western North Carolina Mountain Land is Hazardous.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for information regarding the Western North Carolina Landslide Mapping Program.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Echota subdivision is located near Blowing Rock. It is unknown whether Echota sales are covered under the Interstate Land Sales Full Disclosure Act. For information concerning consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Stonecliff Preserve and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations of the Act may result in criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Western North Carolina Mountain Land is Hazardous.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for information regarding the Western North Carolina Landslide Mapping Program.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Stonecliff Preserve subdivision is located near the town of Blowing Rock. It is unknown whether landslide risks are revealed in the Stonecliff Preserve property report. For additional information concerning consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Wilderness Trail and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations of the Act may result in criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Western North Carolina Mountain Land is Hazardous.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for information regarding the Western North Carolina Landslide Mapping Program.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Wilderness Trail subdivision is located near the town of Banner Elk. It is unknown whether landslide risks are revealed in the Wilderness Trail property report. For additional information concerning consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Bear Lake Reserve and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations of the Act may result in criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Fact: Western North Carolina Mountain Land is Hazardous.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for information regarding the Western North Carolina Landslide Mapping Program.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Bear Lake Reserve subdivision is located in Jackson County. It is unknown whether Bear Lake Reserve sales are covered under the Interstate Land Sales Full Disclosure Act. For information concerning consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Thursday, May 29, 2008

Scenic Wolf and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations of the Act may result in criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Fact: Western North Carolina Mountain Land is Hazardous.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for information regarding the Western North Carolina Landslide Mapping Program.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Scenic Wolf subdivision is located in Madison County. It is unknown whether Scenic Wolf sales are covered under the Interstate Land Sales Full Disclosure Act. For information concerning consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Mountain Air and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations of the Act may result in criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Fact: Western North Carolina Mountain Land is Hazardous.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for information regarding the Western North Carolina Landslide Mapping Program.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Mountain Air subdivision is located near the town of Burnsville. Condominiums in the resort have been damaged by landslides. It is unknown whether this material information is revealed in the Mountain Air property report. For information concerning consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Oleta Falls and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations of the Act may result in criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Fact: Western North Carolina Mountain Land is Hazardous.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for information regarding the Western North Carolina Landslide Mapping Program.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Oleta Falls subdivision is located near Hendersonville. It is unknown whether the Renaissance Communities Oleta Falls sales are covered under the Interstate Land Sales Full Disclosure Act. For information concerning consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Pinnacle Falls and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations of the Act may result in criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Fact: Western North Carolina Mountain Land is Hazardous.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for information regarding the Western North Carolina Landslide Mapping Program.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Pinnacle Falls subdivision is located near Hendersonville. It is unknown whether the Renaissance Communities Pinnacle Falls sales are covered under the Interstate Land Sales Full Disclosure Act. For information concerning consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Balsam Mountain Preserve and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations of the Act may result in criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Fact: Western North Carolina Mountain Land is Hazardous.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for information regarding the Western North Carolina Landslide Mapping Program.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Balsam Mountain Preserve subdivision is located in Jackson County. It is unknown whether the Chaffin/Light Associates Balsam Mountain Preserve sales are covered under the Interstate Land Sales Full Disclosure Act. For additional information concerning consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Wednesday, May 28, 2008

Queen's Gap and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations of the Act may result in criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Fact: Western North Carolina Developers are Selling Geologically Hazardous Land.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are known and significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:

1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for information regarding the Western North Carolina Landslide Mapping Program.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:

Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Queen's Gap subdivision is located near the town of Lake Lure. It is unknown whether the Devinshire Land Development Company Queen's Gap sales are covered under the Interstate Land Sales Full Disclosure Act. For additional information concerning consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Grey Rock at Lake Lure and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations may result in criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Western North Carolina Mountain Land is Geologically Hazardous.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are known and significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for information regarding the Western North Carolina Landslide Mapping Program.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Grey Rock subdivision is located near the town of Lake Lure. It is unknown whether landslide risks are revealed in the Grey Rock property report. For additional information concerning consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Southcliff and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations may result in criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Western North Carolina Mountain Land is Geologically Hazardous.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are known and significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:

1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for information regarding the Western North Carolina Landslide Mapping Program.

Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Southcliff subdivision is located near the city of Asheville. It is unknown whether The Carolina Mountain Partners, LLC , Southcliff sales are covered under the Interstate Land Sales Full Disclosure Act. For additional information concerning consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Tuesday, May 27, 2008

Crest Mountain and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations may trigger criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Western North Carolina Mountain Land is Geologically Hazardous.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are known and significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:

1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for additional information.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:

Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Crest Mountain subdivision is located near the city of Asheville. It is unknown whether Crest Mountain Communities, LLC sales are covered under the Interstate Land Sales Full Disclosure Act. For additional information concerning consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Thursday, May 22, 2008

The Settings of Black Mountain and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Land developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Western North Carolina Mountain Land is Geologically Hazardous

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are known and significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for additional information.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:

Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.

The Settings of Black Mountain is located in the town of Black Mountain. It is unknown whether landslide hazards are disclosed in The Settings of Black Mountain Property Report. For additional information please contact the U.S Department of Housing and Urban Development.

Reynolds Mountain and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Land developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Western North Carolina Mountain Land is Geologically Hazardous

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are known and significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:

1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for additional information.

Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:

Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.

The Reynolds Mountain subdivision is located near the city of Asheville. It is unknown whether Reynolds Mountain land sales are covered under the Act. For additional information about consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Laurelmor and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Land developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Western North Carolina Mountain Land is Geologically Hazardous

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are known and significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for additional information.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road expense will be shared by members of the association.
Laurelmor is a 6000 acre mountain subdivision located near the town of Blowing Rock. It is unknown whether landslide hazards are disclosed in the Laurelmor Property Report. Please contact the U.S Department of Housing and Urban Development for additional information.

Bartram's Walk and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Land developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Western North Carolina Mountain Land is Geologically Hazardous

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are known and significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for additional information.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
Bartram's Walk is a steep slope mountain subdivision located near the city of Asheville. It is unknown whether this subdivision is exempt from the provisions of the Act. For information about consumer rights and protections please contact the U.S Department of Housing and Urban Development.

Wednesday, May 21, 2008

The Cliffs at High Carolina and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Land developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Western North Carolina Mountain Land is Geologically Hazardous

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are known and significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for additional information.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be disclosed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
The Cliffs' eighth master planned community, The Cliffs at High Carolina, is a 2500 plus acre residential/resort subdivision located on steep mountain slopes near the city of Asheville.

It is unknown what information will be provided in The Cliffs at High Carolina Property Report. Land will be offered sometime this year.

Monday, May 19, 2008

Western North Carolina Mountain Developers and the Interstate Land Sales Full Disclosure Act

In 1968 Congress passed the Interstate Land Sales Full Disclosure Act to protect consumers from fraudulent sales practices. This bill requires land developers to register their subdivision plans for a 100 or more non-exempt lots with the U.S. Department of Housing and Urban Development (HUD). Developers offering 25-99 lots as part of a common promotional plan are not required to register but are subject to the anti-fraud provisions. Violations of the Act may result in criminal and civil penalties and the buyer's right of rescission.

The law also stipulates that each purchaser receive a pre-sale Property Report detailing all material facts about the land offered for sale. The sale of condominiums is covered under this Act.

The Property Report is intended to be a revealing document. It is uniform in design and requires full disclosure of known potential land risks.

Fact: Western North Carolina Mountain Land is Hazardous.

The mountain terrain in the 21 county region known as Western North Carolina is inherently unstable: landslides are significant threats to lives and property. Western North Carolina mountain developers who are subject to the Act should disclose the following material information under the Land Characteristics and Climate/Hazard Section of their property reports:
1. The land in this subdivision is naturally hazardous. Geologists and soil experts have determined that the lots in this subdivision are at risk of slope failure. Homeowner policies will not cover this damage.

2. This project was approved without landslide hazard mapping and under regulations that did not require site specific stability studies. Please contact the North Carolina Geological Survey for information regarding the Western North Carolina Landslide Mapping Program.
Another section of the report defines financial responsibilities for the Property Owner's Association. If applicable, the following should be discussed:
Roads in this subdivision are private and will be maintained by the Property Owner's Association after the developer's obligations are satisfied. Subdivision roads are presently stable but are subject to erosion and slope failure. All future road costs will be shared by members of the association.
It is unknown whether Western North Carolina mountain developers are in compliance with the Interstate Land Sales Full Disclosure Act. The U.S. Department of Housing and Urban Development Web-site provides a list of North Carolina land developers who are registered with the agency.

Friday, May 9, 2008

Collateral Damage

Development-triggered slope failures are causing irreparable harm throughout Western North Carolina.

The following passage from Jeff Schmerker's article "Disappearing Haywood" The Mountaineer, October 31, 2005 explains why:
If you ever get the chance to see Marc Pruett’s erosion control disaster slide show by all means, watch it.

Pruett’s diorama is a hundred or so photos that depict in shocking detail the worst of Haywood County residential development. There are photos of roads splintered into tiny bits as the slopes underneath them give way. There are images of streams running dark brown, choked with silt from unmitigated erosion. There are pictures of cut slopes so steep they have been reduced to constantly avalanching gullies.

And then there are the homes. Pruett has pictures of houses being slapped on one side by landslides and falling off deliriously steep slopes on the other, homes whose yards are riddled with gaping crevasses as the land pulls away beneath them, homes whose foundations have cracked, some of the cracks so big daylight shines through them, and pictures of homes literally being torn apart as the unstable ground they sit on gives way. Pruett, the county’s erosion control program director, who showed his slides Tuesday night to a gathering of county officials and environmental workers, said in nearly every case the culprit was the same: shoddy building practices in unsafe terrain.
Homes that are located above or below construction sites frequently suffer the consequences of improper industry behavior.

It is unusual to have videos of muddy water flowing through your neighborhood and around your home but Skip and Katherine Metheny have recorded these events since the summer of 2006. For photos and YouTube video please visit Erosion/Grove Park Cove. The Methenys believe that mountain slope construction activities at the Grove Park Cove development site were responsible for their property damage. (The developer was cited by the city of Asheville and the state Department of Water Quality for erosion violations.) On March 18, 2008 they filed suit against the developer.

Joel Burgess reported the following in his March 22, 2008 article "Developer faces suit over mudflow" Asheville Citizen-Times:
An Asheville couple have sued a developer for violating federal clean water rules, alleging the builder sent a torrent of muddy water onto their property.

Glen and Katherine Metheny, of Spooks Branch Road, filed a lawsuit Tuesday in U. S. District Court for the Western District of North Carolina LLC and Dan Grammatico Signature Homes LLC.

The Beaverdam-residents say beginning in 2006, the developers' 17-lot Grove Park Cove subdivision caused their property to be flooded with muddy water.

The Methenys are asking that the developers pay to repair damage to their property, restore damaged streams and pay civil penalties of $32,500 per violation per day under the U.S. Clean Water Act.

"There are significant penalties that can be imposed by the judge for violations in federal court that we thought be more appropriate than state court," said the Methenys' attorney, Gary A. Davis, of Hot Springs.

Developer Dan Grammatico said much of the mud flows from disturbances above the subdivision and that his company has in fact improved runoff problems.

"Before we built this project, you should have seen the rutting and erosion coming off this mountain," Grammatico said. "There is less water coming off the mountain than there was before."

The case will be heard by Judge Lacy Thornburg, Davis said, but there is no date set yet for any of the pretrial procedures.

Skip Metheny had reported problems with mud running off the construction site to the Asheville stormwater engineer, who had cited the developers for city erosion control violations.
Careless development on the region's hazardous slopes is leaving a legacy of landslides, mudflows and extreme uninsurable property loss. Damage reports and geologic evidence should prompt urgent legislative action yet there has been no meaningful effort to protect property owners from "shoddy building practices in unsafe terrain."

Friday, May 2, 2008

Is North Carolina at Risk of Losing Federal Disaster Assistance?

In September 2004 the mountain region of North Carolina was in a state of emergency when rainfall-activated landslides caused loss of life and massive property destruction. Governor Mike Easley requested and the state received two federal disaster declarations. The Federal Emergency Management Agency provided $72 million in aid.

Federal disaster assistance comes with stipulations.

Emergency management professionals know that landslides are predictable and preventable hazardous events. In an effort to reduce the incidence of these costly catastrophes, Congress amended the Robert T. Stafford Disaster Relief and Emergency Assistance Act in 2000.

To qualify for federal assistance, all states must adopt strict hazard mitigation standards or risk losing access to emergency funds. Section 322 of the Disaster Mitigation Act of 2000 requires that all State mitigation plans:
(1) identify the natural hazards, risks, and vulnerabilities of areas in the State;
(2) support development of local mitigation plans;
(3) provide for technical assistance to local and tribal governments for mitigation planning and
(4) identify and prioritize mitigation actions that the State will support, as resources become available.
The North Carolina State Hazard Mitigation Plan/Update of October 2007 :
This… Plan was developed to help serve the people of North Carolina by providing impetus for making our homes…as safe as possible against the impacts of …natural hazards….Therefore, this Plan is designed to be (1)informative, (2) strategic and (3) functional in nature.
The Plan finds that the state meets federal requirements and remains qualified to obtain disaster assistance.

Is this statement true? Is the state in compliance?

North Carolina's "Build Anywhere" approach to hazardous land development is a blatant violation of federal requirements. The following history indicates the State Hazard Mitigation Plan is non-functional: It neglects to inform and has no strategic intent.

In 1998 the North Carolina Department of Emergency Management warned state and county regulators that the 21 counties known as Western North Carolina were at extreme risk for landslides. If these state and county officials were confused about the accuracy of the report, the fifteen county slope failures of September 2004 should have made this risk assessment crystal clear.

The federal mapping program was authorized in February 2005. Today only 2 sets of probability maps have been completed for the 21 county region. The hazard maps for Macon and Watauga counties show that much of the mountainous land in these two counties is likely to experience landslides. The North Carolina Geological Survey has identified hundreds of homes that have been built on landslides or in their paths. These "at risk" properties will be impacted by slope failures, it is only a question of when.

Landslides and their devastating personal and financial costs are a well kept state secret. Realtors are not obliged to reveal the region's high risk natural hazard designation or the existence of the mapping program.

When the next landslide disasters occur, will Washington provide the critical emergency funds?