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Crismark Homeowner ResourceIndependent · Indian Trail, NC

The proposed amendment

Understanding the proposed amendment

What Crismark owners are being asked to sign, as described in the HOA's materials, set against the records available so far.

What homeowners are being asked to approve

Which land is affected

The letter calls it the "New Development Property", about 43 acres zoned for multi-family development. HOA letter, Sept. 25, 2026, p. 1 — open source document The FAQ calls it "Two parcels next to Crismark". HOA FAQ, p. 1 — open source document The Town's records describe "two development projects adjacent to the Crismark subdivision", on parcels "originally a part of the overall Crismark Master Planned Development". Town records, part 3, p. 21 — open source document

The exact boundary will be the legal description in the amendment. How that land lines up with the 1998 Parcels 1 and 7 is covered on Parcels 1 & 7.

The reasons given

The HOA letter gives these reasons:

The statements are assessed one by one on Claims & Evidence.

How approval and recording work

More on thresholds, co-owners, notarization and withdrawal is on HOA Governance.

What is still uncertain

See the full list of records requests and outstanding questions.

Side-by-side comparison

The existing Declaration, the proposed amendment and the result. Cells stay marked as unknown until the recorded text is in hand.
Land covered by the CC&Rs

Existing recorded Declaration

Not yet obtained. The recorded Declaration (2000) and any supplemental declarations would show which land is covered.

Proposed amendment

As described by the HOA: the amendment would state that the New Development Property "is not part of the Crismark HOA and is not subject to the Crismark CCRs".

Result if effective

Cannot be determined until both texts are compared.

Unanswered Question
Use of Crismark amenities

Existing recorded Declaration

Not yet obtained. The Declaration's provisions on common areas and who may use them.

Proposed amendment

As described by the HOA: residents of the new development "would not have rights to use Crismark HOA amenities".

Result if effective

If the land is outside the CC&Rs, its owners would ordinarily have no rights under them, including amenity rights. Whether that is a change depends on what the Declaration now says.

Analysis
Approval needed to amend

Existing recorded Declaration

Declaration's amendment article not yet obtained. State law: owners holding at least 67% of the votes, or a larger majority the Declaration specifies.

Proposed amendment

As described by the HOA: 67% of lots, all owners of each lot signing, signatures notarized.

Result if effective

Takes effect only when recorded; challenges barred one year after recording.

Documented Fact