Guild Member FAQs

You’ve got questions; we’ve got answers.

Here are some of the things you might be wondering about Legacy at Mills River. Hopefully our answers—and our community—are exactly what you’re looking for.

If you have a question not addressed here, please don’t hesitate to contact us for an opportunity to speak directly with a Legacy sales associate.

Your Future at Legacy is Only One Click Away

CONSTRUCTION

Has the Selection process of the interior fixtures and finishes in my unit been scheduled?

The Selection Process will be a detailed process of many items.  We are creating a multi-page, tabbed binder including images and descriptions of all items, organized by type of item and level of finish.  This binder will include price sheets for you to plan your interior budget.  At this time, the binder is still under design development and we anticipate having these printed and delivered to you prior to the time a Purchase and Sale agreement is required.  Additional staff will be hired that will lead you through the design process and will serve as the experts for all of your interior design questions. Your current sales counselor is unable to assist you with design or customization questions about your home.

VILLAGE HOME AND ESTATE HOME

What type of siding will be used?

The siding will be primarily be a cementitious material that has a 50-year warranty.  The most commonly known brand is Hardie Board, but we will not necessarily use that brand.  Secondary materials providing decorative accents include stone and pebble-dash, based on the selected floor plan.

What type of decking will be used?

Composite wood deck similar to the brand Trex will be used.

Can I have a gas grill on my deck?

Yes

Can I screen in my back deck?

Yes, this is an upgrade and not included in your purchase price.

Can I install solar panels?

Yes. Materials, installation, maintenance and any other costs will be paid by the owner.  The look, design and construction plan must be approved.  Use of solar panels in common areas has yet to be determined.

Is gas available for cooktops, fireplace, etc.?

Yes, the entire community will be serviced with natural gas.

Can I have my own landscape plan for my house?

Common landscaping will be installed as part of construction. However, following closing owners may customize their landscaping, at their own expense, in accordance with covenants and guidelines established by the Owner’s Association and approved.

How do I know how close my home will be to my neighbors?

At the time a depositor is presented with a Purchase and Sale Agreement an estimate of anticipated setbacks can be provided. Exact dimensions are subject to modification due to future floorplan selections by neighbors, receipt of final engineering plans for the overall site and field conditions encountered during construction. Please recognize that Legacy will not have designated lots as all homes are condominiums.

I currently drive an electric vehicle. Will my electric panel have the 50-amp circuit that is necessary to charge my car?

Electrical panels will accommodate electric vehicle charging as needed.

Can I install a fence? Are birdfeeders, flags allowed?

Community covenants will address these issues, but have not yet been finalized.  Possible architectural restrictions may include limitations on subsequent exterior paint colors, changes in types of siding, fences, landscaping, and design of, or restrictions on, auxiliary structures like sheds or coverings on patios or decks. The initial covenants will govern until a time when substantially all of the proposed homes have been sold and built.

How will property taxes be calculated?

Property taxes will be owed by Legacy homeowners at the same rate as any homeowners within the town limits of Mills River and Henderson County.  Taxes will be paid based on assessed values as determined by the Henderson County Tax Assessor.  With respect to property tax, owning a condominium home at Legacy is no different from owning a condominium home somewhere else. Also, just like paying property taxes on a home elsewhere, the payment is tax deductible in the year it is paid for taxpayers who itemize deductions up to statutory limits.

What about Utilities?

Owners of Village and Estate Homes will set up private accounts with electric and gas.  Water, sewer and trash collection will be included. All Village and Estate homes will be pre-wired to receive telephone, TV and high-speed internet service from a third-party provider at the homeowner’s expense. Community WiFi may be available in select outdoor gathering spaces but coverage and signal strength are unknown at this time.

MANOR HOMES

Can I have a grill on my patio?

Building Codes for a multi-story building of this type prevent grills on patios or balconies.

How wide is the hallway?

The hallways in the residential area of the manor homes will be 6’ wide.

Will I have a hot water heater located in my unit?

No, your hot water unit will be located in the ceiling outside your door for ease of access in the case of maintenance and repair.

What type of building security is in place to secure all entrance and exit doors?

All exterior doors will be secured based on a schedule yet to be established. Afterhours access will likely require fob or card access. As a gated community, initial screening for campus entry will provide an extra layer of security. Specific technology and systems have yet to be determined.

When do I pick out and pay for my parking spot?

Upon your request, your name was placed on a parking priority list.  After we finalize construction drawings and thus, finalize the parking lot layout, you will be invited to select your preferred parking spot in the order that your name appears on the list.

Is there a plan for noise mitigation during future Phase construction?

Yes, there will be a comprehensive noise mitigation plan that will limit operations to specific times and require all contractors to use approved equipment and follow noise-mitigation protocols.  Beverly-Grant is quite experienced with projects in existing residential and commercial areas, and well-versed with noise mitigation strategies. Much work will be done in advance during the initial construction phase to prepare the site for future building.

What about Utilities?

Owners of Manor Homes will have electricity, gas, water and basic telephone and TV included in their monthly fee.  Every Manor Home will be pre-wired to receive telephone, TV and high-speed internet service for premium services (high-speed internet and TV) from a third-party provider at the homeowner’s expense. Community WiFi will be available in primary gathering areas and corridors, but coverage and signal strength are not known at this time.

MONEY DUE AND PROCESS

When will I pay my remaining 9% of my Reservation Deposit?

Our intention is to request the balance of your 10% deposit 45-60 days prior to submission of our Step 3 (permission to build) application to the NC Department of Insurance. While subject to change, we anticipate that request being made in early 2022.

We believe that we are the first new community in North Carolina to split the statutorily required 10% Reservation Deposit into two incremental payments of 1% and 9%.  We did this as a courtesy to allow early depositors to keep the majority their funds under their control until we must have them certified in the possession of the escrow agent, and verifiable by the NC Department of Insurance.

What assurances are there that our project will be approved and move forward?

The Legacy development team is made up of an experienced operator of three CCRCs in North Carolina and a large, experienced contractor, based locally. This team is coordinating the complex tasks and timing related to designing, financing, marketing and obtaining regulatory approvals for this very large project in an unprecedented environment.

When compared to other industry participants, Legacy’s marketing metrics demonstrate that our message is performing better, often substantially better, than industry averages. Our number of Reservation Deposits has grown steadily throughout our marketing period, especially in the post-vaccination period.

The development team is confident that we will meet statutory and lender sales requirements in the next few months, and will be in position to begin construction by mid-2022.

What assurance do I have that Legacy will be built on time?

When Step 3 approval is obtained from the NC Department of Insurance, the development team will be prepared to initiate the construction processes. The contractor will be contractually obligated and bonded to assure timely completion.

Is my Reservation Agreement refundable?

During the Reservation Agreement Period, that is, prior to executing a Purchase and Sale Agreement, the resident may receive a refund of their Reservation Deposit for any, or for no reason.

Is the earnest money due at the same time as the first 10%?

No. It is anticipated that those who have made 10% Reservation Deposits will be presented with a Purchase and Sale Agreement and other documentation following the project’s receipt of its Step 3 approval from the NC Department of Insurance.

If we should have to withdraw after the Purchase and Sale Agreement what happens?

Once a Purchase and Sale Agreement has been executed and an additional 10% Earnest Money Deposit made, the purchaser has a 30-day period in which they can cancel the Agreement. After that, the Agreement cannot be cancelled except under certain circumstances as defined in the Purchase and Sale Agreement (a copy of which can be found in the Disclosure Statement).  After expiration of the Cancellation Period, Legacy may assist the purchaser by marketing their uncompleted unit for sale to another purchaser and may accept a replacement purchaser, and void the original Purchase and Sale Agreement.

Is my monthly fee set until Legacy opens?

No. The monthly fees provided in our 2019 Disclosure Statement were set in May of 2018 and were noted to be “…in effect through December 31, 2018. Subsequent years are assumed to increase 3.5 per cent annually.”

Operational costs and Member Monthly fees are reviewed annually by operational CCRCs and included in each year’s Disclosure Statement.  Legacy, as a development stage CCRC, was not required to update the financial model portion of its Disclosure Statement in 2019 or 2020.  In 2021, it was necessary to update our financial model given our experience in the market and the increased costs impacting the sector related to the COVID-19 pandemic.

How much will my monthly fees increase while living at Legacy?

We develop an annual budget and manage against it monthly.  Each year we will recommend rates for the following year that are necessary to maintain service levels and quality. Our history at other communities is a guide, but individual markets and resident expectations vary by community.  It is typical to expect 2-4% increases annually.

What extra fees are due at closing?

  1. You could have additional costs if you select upgrade fixtures and finishes during the design process.  This includes, but is not limited to adding a fireplace, built-ins, upgraded appliances, design modifications, etc.
  2. Every CCRC is required by NC law (NCGS Article 64, Chapter 58) to have an Operating Reserve Account.  This Account is required by all licensed CCRCs in the State.  For CCRCs with occupancy levels less than 90% the law says: “all facilities maintain operating reserves equal to 50% of the total operating costs projected for a 12-month period.”  When a facility reaches an occupancy level in excess of 90%, and with the approval of the Commissioner of Insurance, a CCRC shall be permitted to maintain operating reserves equal to 25% of operating costs.  Therefore, in addition to a deposit placed into this fund by the development entity, all Legacy buyers will contribute $9,000 to fund this Operating Reserve Account.  The Operating Reserve Account Deposit may be refunded in whole, or in part, plus interest, at a time when it is no longer needed by the Club. In any case, when an owner/member leaves Legacy, and his/her home has been sold to a new owner/member, this deposit will be refunded to the prior owner/member or their estate.
  3. Typical to any condo community or any neighborhood with a homeowners’ association, certain reserves for maintenance and replacement must be collected up front. Therefore, 2 months of common expenses will be collected from each purchaser.
  4. In order to fund the Owners Association’s hazard insurance policy, a payment equal to the 12-months premium cost and divided by the total number of units will be collected. This is not refundable.  This expense moving forward, is bundled into your monthly fee.
  5. There may be other third-party charges associated with closing that will also need to be paid. These charges will be disclosed to you prior to closing.

NC DEPARTMENT OF INSURANCE

What is updated in the 2021 Disclosure Statement?

The primary updates in this version include revised monthly fees along with current health care rates that reflect 2021 prices. A current audit, most recent financial statements and financial projections are also included.  The Sales Prices for all floorplans at Legacy that are reflected in this Disclosure Statement have been increased as of September 1, 2021.  This Disclosure Statement was submitted to the NC Department of Insurance in May of 2021 and contained our best estimates at the time.  However, a thorough review of construction costs in the subsequent months determined that our model required adjustment.  We are revising our Disclosure Statement to include these changes.  You are welcome to request a hard-copy or we can send an electronic version via email.

What protection do we have against the CCRC going bankrupt and not being able to provide health services we have already paid for?

NCDOI monitors the financial condition and performance of all CCRCs on a monthly, quarterly and annual basis.  They have the authority to step in a take over a CCRC and/or to replace its management.  The conditions under which the Commissioner of Insurance can take this step (specifically, determination of “hazardous financial condition”) are stipulated in the Rules. Statutes require all CCRCs to maintain a reserve fund to provide resources if a takeover or management replacement is necessary. These funds cannot be accessed by a CCRC without authorization of the Commissioner of Insurance.  For more information see the NC General Statutes and NC Department of Insurance website, links below.

NC General Statutes regarding CCRCs

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_58/Article_64.html

NC Department of Insurance Rules regarding CCRCs

http://reports.oah.state.nc.us/ncac/title%2011%20-%20insurance/chapter%2011%20-%20financial%20evaluation%20division/subchapter%20h/subchapter%20h%20rules.html

Will I get a promised closing date to ensure my home/unit is actually built?

No specific closing date is provided upfront as it is assumed the community will open on or near receipt of a Certificate of Occupancy from local authorities for the two multi-unit buildings, one of which includes the majority of amenities and support spaces required for delivery of community services.

As we are a community that combines housing and services, this “Opening Date” will be approximately two-years after site development commences. Construction of all residences, closings and move-ins will be sequenced with this Opening Date and Owner/Member needs in mind. All Owner/Members will be informed throughout the construction process regarding the anticipated opening date.

Why do I have to pay a 2nd 10% deposit and how is my money protected?

This second 10%, along with the original 10% deposit comprise an earnest money deposit that encourages fulfillment of the Purchase and Sale Agreement. It is common for a homebuilder to require a 20% or higher earnest money deposit when contracting to build a new home.

Once a Purchase and Sale Agreement is Executed, the seller is contractually obligated to deliver the home selected and to supply you with a general warranty deed for the property at closing. The seller will transfer any manufacturers’ warranties for equipment or appliances and provide a one-year warranty covering defects in workmanship or materials. Please reference specific language in the Purchase and Sale Agreement.

The NC General Statutes and Rules pertaining to CCRCs in North Carolina, limit when escrowed funds can be accessed by the developer. Only 25% of escrowed funds from depositors can be utilized during the construction process. Release of the remaining 75% of escrowed funds can only occur follow completion of construction and receipt of an Occupancy Permit from local officials.

Can I move in before construction is complete?

There may be some ability to complete and schedule closing and move-in (with no or limited services) for residences away from the two multi-unit buildings, before receipt of the Certificate of Occupancy described above. We are hopeful that we will be able to accommodate some early move-ins.

HEALTH CARE

When will I pay for the Life Care Contract?

Payments for health care contracts can occur at closing on the home and execution of the Membership Agreement or, per specific requirements in the Membership Agreement, can be selected at a later date.

What specifically does the Life Care Contract fee cover?

The Life Care Option can be understood as a cap on what future charges can be for care in the health center (in-patient Assisted Living and Skilled Nursing Care).  Under the Life Care Option the charge for two people whether both in IL, split between IL and the health center, or both in the health center can never exceed the then current monthly cost for the residence they own or owned at Legacy.  As residential monthly fees (including second person fees) increase, the Life Care Option monthly fee would increase correspondingly. Predictable costs and potential savings on a monthly basis are the value offered by the Life Care Option.

When is the long-term care health facility planned to be completed?

A health care center, adjacent to the Appalachian building, will be available from the day of opening. We will provide for memory care as space allows. All related facilities will also be available from the beginning…administrative, dining, activities space, and rehab spaces.  We are limited by NC regulations to only admit patients from within our community to our licensed healthcare beds.  That limits demand for services and requires us to have a phased approach to construction of healthcare spaces.

In our 17-room (34 bed) initial facility, our projection is that 11 will be skilled nursing rooms and 6 will be assisted living rooms. However, as all beds will be dually-licensed, we can adjust as necessary. As the initial facility fills, we will be preparing to expand capacity as needed to accommodate demand. Ultimately, we anticipate an 80-bed health care facility will be appropriate for a community the size of Legacy.

Will there be levels of care in our Assisted Living or will the quoted price cover it all?

Legacy health care rates are all-inclusive, no level of care fees are included or currently proposed.  Health care rates are subject to change and it is possible that levels of care fees could be implemented if it is determined that proposed rates are not sufficient to deliver services. Levels of care fees would be transparent and would be reflective of clear variations in the care requirements of individual residents.

Will all of the rooms in the Health Center be private?

The breakdown of private rooms versus semi-private rooms in health center will be based on actual demand.  Legacy plans to have Private rooms available at all times but believes that the double occupancy license allows for flexibility that will benefit the members.

Who provides licensing oversight to the health center to ensure high quality of care?

The Health Center will be licensed by the North Carolina Department of Health and Human Services for both skilled nursing and home for the aged/adult care beds (Assisted Living).  Our Health Center will be subject to initial and on-going inspections by both State and local health and safety officials.  A total of 34 beds will be licensed initially.

Will Legacy provide In-Home Healthcare Services?

There are 2 types of in-home healthcare:  Home Health and Home Care.  Home Health is the provision of services by a licensed nursing professional in the home. Legacy does not intend to pursue a Home Health license at this time.  However, we will partner with licensed Home Health providers to make their services available to members of Legacy in need of that type of care.  Home Care is the provision of assistance with the activities of daily living by non-nursing personnel in the home. We do intend to obtain a Home Care License.  Both services will be provided at market cost, based on rates at the time of need.

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