I recently had a homeowner’s association question regarding the conveyance of common elements. Basically, the HOA owned property between a small river and about six member lots. The HOA and the rest of the property owners did not have any access to the property except by the river. The land is mostly marsh and wetlands […]
I’ve written before about amending the Declarations for a homeowner association. A new case handed down this month by the North Carolina Court of Appeals could make it harder for an HOA to amend the Declarations to their liking. The Linville subdivision in north Raleigh began construction in 2003. As an incentive to builders to […]
One of the more frustrating things a homeowner association board deals with is unpaid assessments. I’ve written before about how the fees and costs of collecting a valid assessment can greatly exceed the amount of the assessment. Occasionally, a board will try and put social pressure on delinquent owners to pay by publishing lists of […]
In North Carolina, the Declarations (also called restrictive covenants) are the main governing document of a homeowner’s association. While the general statutes of the state remain the ultimate authority, they give a large amount of leeway to a planned community to craft its own governing documents. Usually the Declarations are pulled from a boilerplate set […]
Under Chapter 47C for condominiums and 47F for other planned communities, a homeowner’s association is required to purchase certain types of insurance. In both types of communities, the HOA is required to provide insurance for damage to the common elements of the association. A common element is anything owned by the association, and not an […]
One of the new laws for homeowner associations in North Carolina is a law “encouraging” parties with a dispute with their HOA to try and resolve the dispute before filing a lawsuit. The statute provides for a voluntary prelitigation mediation that is similar to a mediation required in every North Carolina Superior Court case. […]
Recently, a retired police officer in Southport NC challenged a rule by his homeowner’s association prohibiting religious or political gatherings at the community’s amenities center. The homeowner felt that this was an infringement of his constitutional rights. After holding meetings and gathering petition signatures, the HOA board agreed to change the rule. Some people may […]
One of the most visible areas in a planned community is its roads and streets. Because of that, homeowners and their homeowner’s associations sometimes exceed their authority over those roads and get themselves in trouble. Usually, as I’ve written before, when a planned community is developed, a plat is filed that shows the lots, common […]
One of the first amenities that are built by developers of planned subdivisions and condominiums in North Carolina is the neighborhood pool. Pools are an attractive addition to a subdivision and developers and owners see them not only as a great place to socialize with neighbors and entertain the kids, but to enhance the value […]
The following is a list of the steps our office does when assisting homeowner's associations in collecting on past due assessments. Usually, the matter is resolved after the lien is placed and seldom do we have to resort to a sale of the delinquent owner's property. Our office obtains a list of delinquent payers from […]
Image by alancleaver_2000 via Flickr I recently had a complaint from any owner who was being assessed by a homeowner’s association for annual dues. He explained that he never agreed to be in a homeowner’s association and didn’t consider his property to be within the area governed by the homeowner’s association. Therefore, the HOA had […]
One popular reality show today is A&E's "Hoarders. "The show details the problems of pathological hoarding or disposophobia. The individuals acquire possessions and fail to discard them even when the items are worthless, hazardous, or unsanitary and impair mobility and interfere with basic functions of life. The show scratches a morbid curiosity and probably makes […]