Independent homeowner resource · Indian Trail, NC
An independent homeowner resource examining the proposed changes to Crismark's governing documents, the community's development history, and the questions homeowners should understand before making a decision.
About 43 acres next to Crismark are being developed with townhomes and condominiums. The landowner (named in the HOA's materials as FS Development, Inc., described as related to "Typar") and the HOA board are asking Crismark owners to sign a notarized consent to amend the community's covenants (CC&Rs). The amendment would state that this land is not part of Crismark or subject to its CC&Rs. HOA letter, Sept. 25, 2026, p. 1 — open source document
The board says this protects the pool, clubhouse and other amenities from use by the new residents. If owners of 67% of lots don't sign, the landowner plans a lawsuit naming every owner, asking a court to declare the same thing. HOA letter, Sept. 25, 2026, p. 2 — open source document
Much of this land was part of the original 1998 Crismark planned development approval, as Parcel 1 (commercial and office) and Parcel 7 (multi-family). This resource sets out what the records show about that history and the amendment, and what they don't yet show.
Special Use Permit SUP-98-010, granted by the Town Council on November 10, 1998, limits Parcel 7 to "a 150 units limited to 15.0 acre tract" with a "separate amenity package for this community". It limits Parcel 1 to "commercial and office uses". SUP-98-010, p. 3 — open source document
Last reviewed October 23, 2026
The Planning Director wrote that the 2018 rezoning to Multi-Family Residential "wiped away the SUP and the specific conditions" Town records, part 3, p. 25 — open source document. She dated the reassignment to December 29, 2018 Town records, part 2, p. 39 — open source document. In 2025 she told the developer's engineer the owner "could develop by right (no rezoning required)" Town records, part 1, p. 31 — open source document. These are the Town's statements. The zoning action itself has not been produced.
Last reviewed October 23, 2026
"The parcels of land were originally a part of the overall Crismark Master Planned Development" (November 2024) Town records, part 3, p. 21 — open source document. "These parcels are still tied to the original CC&Rs for Crismark" (September 2026) Town records, part 1, p. 3 — open source document. The second is the Planning Director's understanding as told to a resident. It is not a legal determination.
Last reviewed October 23, 2026
The letter gives this uncertainty as the reason for the amendment. Future owners of the new development "could potentially argue that their property is subject to the Crismark CCRs and that they are entitled to use Crismark HOA amenities". HOA letter, Sept. 25, 2026, p. 1 — open source document
Last reviewed October 23, 2026
The declaration may require a larger majority. Once an amendment is recorded, a challenge to its validity must be brought within one year. G.S. 47F-2-117, (a)–(c) — open source document
Last reviewed October 23, 2026
Town project 20240083 ("Copper Station") received conditional Planning approval on January 8, 2026. Town records, part 1, p. 10 — open source document In October 2026 the Planning Director said vertical construction was delayed by the CC&R question. Town records, part 1, p. 1 — open source document
Last reviewed October 23, 2026
A zoning condition requiring a "separate amenity package" for Parcel 7 SUP-98-010, p. 3 — open source document is consistent with the HOA's view that the land was meant to be separate. But it is a Town permit condition, made two years before the CC&Rs were recorded. Whether the CC&Rs reach the land depends on the CC&Rs themselves.
Last reviewed October 23, 2026
The Declaration (2000), its exhibits and any supplemental declarations have not yet been obtained. They are public records at the Union County Register of Deeds and the starting point for every question about the amendment.
Last reviewed October 23, 2026
The packet owners receive is said to contain the proposed amendment, a Consent form and a Complaint. None of the three has been obtained for this resource yet. HOA letter, Sept. 25, 2026, p. 2 — open source document
Last reviewed October 23, 2026
The Town's records refer to a 2018 zoning map change (and elsewhere to 2017) but don't include the ordinance, the notice or the vote. They also don't say which of today's parcels contains the former Parcel 1. Town records, part 2, p. 39 — open source document
Last reviewed October 23, 2026
November 10, 1998
Town Council grants Special Use Permit SUP-98-010December 29, 2018
Parcel 07057018F reassigned to Multi-Family Residential (MFR) zoningOctober 8, 2025
Planning Director says both properties could be developed “by right”September 11, 2026
Planning Director tells a resident the parcels are “still tied” to the Crismark CC&RsSeptember 25, 2026
HOA letter announces the proposed amendmentThe first set of records has been inventoried and read. They are the recorded 1998 Special Use Permit, three batches of Town of Indian Trail email released under a public information request, the Town Manager's February 2025 email on open space, and the HOA's letter and FAQ posted at crismarkhoa.com.