Frequently Asked Questions


I would like to use a builder of my choosing. Is that possible?

Absolutely! Unique mountain home sites are perfect for custom homes.  Building plans will need only be approved by the ARB, including plans and builders accreditations.

Can I build any size home I would like?

Sure. However minimum building sizes in certain area are as small as 1300sqft and certain areas throughout the development may have different sized structure requirements to ensure the best views possible!

Can I start construction whenever I want after I have purchased my property?

Yes. Start right away or wait if you like. There is no requirement that construction start at a particular time after closing.

What if I decide that I would like to resell my property at some point in time?

Any property owner shall have the right to resell their property at any time at the price of their choosing. No “for sale” signs are allowed on any home site or structure built on the property, however, any real estate agency or agent shall be allowed to list and sell real estate within the property and any such agent(s) shall be granted permission to enter the property for showing at their leisure.

What is the policy on the rental of property?

It is the intent of the developer that Headwaters remain a largely “owner occupied” community because a large rental pool tends to decrease the property value and increases wear and tear on shared amenities. The covenants require a minimum seven night consecutive rental to anyone other than friends or family, but this will largely be a self-policing policy by individual homeowners themselves. The goal here is to allow owners the right to enjoy rental income, if desired, on their investment, yet discourage wide ranging rentals that bring in a very transient population that may not take as good of care of the mountain as one who owns the real estate.

Is there a Property Owners Association?

A Property Owners Association (POA) has been established. The POA will eventually be responsible for the maintenance of all common areas including the interior roads and all amenities. During the development phase of the property, the POA will be operated by the developer and the developer will subsidize the operating budget for the POA to ensure roads and other items are properly maintained until such time as the POA is self-supportive. Dues will be adjusted accordingly as the proposed amenities are constructed. Villas or townhomes built within the property will be subject to a second “neighborhood” POA for their specific building(s).

Does the developer contribute anything to the POA?

Yes. Upon the sale and closing of each homesite within the property, the developer will deposit $500 into an account for the benefit of the POA so that once the POA becomes self-supportive, it will have a cash account that is available for capital expenditures as the POA deems necessary.

Do the property owners own the current and planned amenities?

When the POA reaches a membership level yet to be determined, the amenities will be deeded to the POA free of all liens and encumbrances. Until that time, the developer will own the amenities.

What about family pets?

Domesticated pets such as dogs, cats, birds, etc., are allowed. No breeding or raising of such animals or livestock is allowed within the property.

I own an off-road vehicle. Can they be operated onsite?

Four-wheeler ATVs and off-road dirt bikes are specifically prohibited on the property, however Utility Terrain Vehicles (UTVs) with a side-by-side seating arrangement are allowed.

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Contact Info

Development Location:
25 Falls Creek Parkway
Elk Park, NC 28622
Phone: (828) 898-1880