Forest Oaks Subdivision

Discussion in 'Discussion Group' started by AnnetteL, Sep 17, 2010.

  1. AnnetteL

    AnnetteL Well-Known Member

    A friend of mine and I were walking ours dogs in Forest Oaks Subdivision yesterday evening,we walked all the way down to where there is a small park adjacent to the end of the road,as we were about to step onto the path leading into the little park some guy living nearby asked us in a none too friendly manner if we lived here in Forest Oaks,I told him that we didn't,so he goes on to tell us that this park was only for residents of this particular subdivision-OMG :banghead:I thought about getting into a possible argument with him about it but thought better of it.I don't like to walk my dog in our subdivision since there's too many cars driving by.When they build Forest Oaks the road leading into it it was so close to our property that we actually went to a planning board meeting about it which off course was a total waste of time.
    On the few occasions that I walked in the small park before I have never seen another a soul in there,so what's the big deal??:ack:There's just not too many places where you can walk your dog around here without having to drive somewhere first.
     
  2. Cleopatra

    Cleopatra Well-Known Member

    You should have tossed him a quarter, and kept on walking.
     
  3. AnnetteL

    AnnetteL Well-Known Member

    :cheers: next you will have to come along :lol:
    I was thinking about asking him if there was an entrance fee,he acted like it's a gated community,him being the gate keeper.
     
  4. pkc789

    pkc789 Well-Known Member

    That reminds me of several years ago when Clayton Community park first opened. Some residents from the nearby condo/apt building though the town was nice enough to build the park "just for them" as they tried to tell us. I was very quick to point out the park was built with tax dollars that I paid heavily into living in the city limits and it was public property.
     
  5. AnnetteL

    AnnetteL Well-Known Member

    Good for you!
     
  6. VolleyGrl

    VolleyGrl Well-Known Member

    I hope everyone is at least picking up after their dogs.
     
  7. jumpin4joync

    jumpin4joync Well-Known Member

    We live a in large subdivision where the most traffic we have is the going to work traffic/ school buses in the morning and afternoon / coming home traffic. We do have lots of folks from outside of our subdivision who live on the main road who come in and walk in the mornings and evenings with their dogs and little ones. I've never heard one complaint from anyone about it.

    I will say that will the crime issue of car and home break-ins that perhaps this fellow was self-appointed "Crime Stoppers" for his community. :p
     
  8. nsanemom22

    nsanemom22 Well-Known Member

    A lot of people just don't care but the only thing I can figure is the dog crap. Of all the people that parade their dogs up and down my street I've only seen one guy that carries a bag to scoop up the crap his dog leaves behind. He's welcome in my yard anytime. I was at the park on Amelia Church Rd and right there in the middle of the path was a giant pile of dog crap for everyone to step in. Never mind there are several posts with boxes along the path that contain bags solely for the purpose of cleaning up behind the pooch... some people just have no respect.

    *NOT saying you don't.

    It's no great joy stepping in dog **** in your own yard when you don't own a dog.


    bah... I'ma go clean something.
     
  9. AnnetteL

    AnnetteL Well-Known Member

    yes Mam I always do ;)
     
  10. Cleopatra

    Cleopatra Well-Known Member

    IKWYM, I have something that can best be described as chocolate cheetos on my front walk this morning... I don't have a cat or dog that fits in my purse.
     
  11. Hught

    Hught Well-Known Member

    Did the Super Squirrel go peeking in your windows again?
     
  12. Cleopatra

    Cleopatra Well-Known Member

    I'm hoping there's not a litter of kittens around here.
     
  13. Grinder

    Grinder Well-Known Member

    Im going to guess this is at the end of Carolina Oaks Avenue? The open space there is 10.995 acres and has direct access to it from the end of the cul-de-sac.

    According to the latest Open Space regulations from Johnston County...

    Johnston County, NC - County Code of Ordinances
    Amendment Approved January 4, 2010

    This amendment is to amend the requirements of Open Space
    Section 14-75 Agricultural-Residential District (AR)

    (f) Provision of Common Open Space or Recreation Area Requirements. All residential developments shall provide or dedicate common open space or recreation areas suitable for the residents' common passive or active recreational uses or make a payment in lieu of provision or dedication.

    (h) Method of Provision or Dedication. Land provided or dedicated for common open space or recreation purposes shall be designated on a final plat duly recorded with the County Register of Deeds. Amenities shall be designated on the final plat and shall be specific as to type of amenity/use. Design criteria can be found in the Design Manual. Such common open space land shall may be dedicated or deeded to an appropriate public body upon their acceptance, land trust, nonprofit, or for-profit organization established for the purpose of land conservation or recreational purposes; or create a neighborhood or homeowner's association for the continuing maintenance and control of common open space or recreation area; or, held by the owner.

    ....It says "the resident's" but not "the resident's of the subdivision wholly or exclusively...

    Furthermore...

    According to the recorded Restrictive Covenants of the Forest Oaks Community (Phase 1 and 2 of said subdivision)

    "Common Area - All real and personal property, including easements, which the Association owns, leases or otherwise holds possessory or use rights for the common use and enjoyment of the Owners"

    "Owner - One or more persons who hold the record title to any Unit, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a unit is sold under a recorded contract of sale, and the contract specifically so provides, the purchaser (rather than the fee owner) will be considered the owner."

    Deed Book 2572 Page 927 explains the Association's rights of maintenance of the common area (does not specifically say Open Space)

    The Open Space is owned by the Forest Oaks Community Homeowners Association.

    So with all that being said, i would tend to agree with the homeowner. Even though the Covenants do not say specifically that the Open Space is to be used by the Forest Oaks Homeowners ONLY, and there is probably not a sign up at the entrance to the open space that says the same thing, since it is owned by the HOA and it is said that it us to be used for the residents, if you do not live there i would have to say it is trespassing.

    I am not an real estate attorney though, and do not play on on tv. The opinions and facts stated here are not necessarily representative of the 4042.com website, its owners, employees and subsidiaries.

    This is my area of what i do for a living though, so take it for what its worth.
     
  14. AnnetteL

    AnnetteL Well-Known Member

    Yes it is at the end of Carolina Oaks Avenue,thanks for looking it up.
    It wouldn't be so bad if there were more close by opportunities to walk one's dog,where I'm from you can walk down any trail through any farmers field or any forests without any ownership issues coming into play.
     
  15. shawk22

    shawk22 Well-Known Member

    There is a large sign at the entrance to the park that states "No Trespassing, Forest Oaks Residents Only." Did you not see it? That said, we are a rather tight community and understand your desire to walk your dog within it. We enjoy our neighborhood immensely as well. The park, as you can imagine due to its secluded nature, has been the scene of some after-dark promiscuous behavior in the past. The homeowner you encountered recently is a close friend of mine and an ideal neighbor. The tone you experienced from him was likely one stemming from years of frustration in dealing with park trespassers. Don't take it personally. :) I personally don't care about dog walkers from other neighborhoods, but the park is an amenity for homeowners to enjoy.
     
    Last edited: Sep 18, 2010
  16. Cleopatra

    Cleopatra Well-Known Member

    Wow, you're so neighborly.
     
  17. shawk22

    shawk22 Well-Known Member

    Most of my neighbors would agree with you. Thanks for your kindness.
     
  18. shawk22

    shawk22 Well-Known Member

    .....and I was merely commenting on the above poster who stated that there was "probably not a sign at the entrance to the park."
     
    Last edited: Sep 18, 2010
  19. kdc1970

    kdc1970 Guest

    Just playing the devil's advocate, but if she'd seen it, do you think she would have started the thread....................just saying................
     
  20. shawk22

    shawk22 Well-Known Member

    The sign is very hard to miss.
     

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