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Old 02-18-2011, 08:11 AM
 
48 posts, read 74,778 times
Reputation: 24

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Two years ago, our small subdivision of 34 Charlotte residents, was imposed
a formation of a HOA by a small group of regulars. We have no amenities in our community, just Covenants and Restrictions that has NO language for a
Home Owners Ass. The language and support is for the Developer with a few helps for the owners. The CC& R is a simple City Ordinance type where the restrictions are pretty simple and most covered by city anyway.

The small group hired a lawyer that wrote up an amendment to the CC&R to use the NC Community Act to allow the imposition of late fees, liens on homes, etc. and their Articles of Incorporation..(which they took from a community that had amenities..eek..it was awful!!) They asked for 18 signers and asked in the Newsletter for those in FAVOR of a HOA to come to the meetings. Their argument was the amendment section of the CC&R
"at least a majority of the owners and the Developer" allowed them..But the Developer is not in the picture now.

Up to that point, we had a GardenClub account to collect for the FRONT monuments. The neighborhood was established in 1992 and in 1995 an easement ( NOT mentioned in the CC&R) was created on the two MODEL homes in the FRONT from the Developer. His language in the easement gave 1/34 Right and obligation to maintain and repair and assess. But no other language included. He then sent out a LETTER to all the original homeowners stating he had amended the CC&R and was passing on the RIGHT to each lot owner. He never mentioned obligation. No amendment from Developer is attached to our deed! Nor can we find it.

We came to the neighborhood in 2001. No HOA was on record. No front monument easement was listed with our title. In fact, the front easement only shows for the front lot owners.

We have had countless arguments with the GardenClub collector over the years that what was collected was voluntary since we didn't have a contractual agreement for the front but a RIGHT. Others followed in distain for being demanded HOA fees from the GardenClub collector since an HOA was not established . So in protest 7 owners stopped paying and more as new people come in was expected.

My question ...How can they assume we are all included in their HOA and that they only need 18 votes from the community to form a Articles of Incorporation? and to adopt NC Community Act?Weird!! Please help explain this??
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Old 02-18-2011, 08:38 AM
 
Location: Wouldn't you like to know?
9,114 posts, read 15,651,383 times
Reputation: 3690
Its obvious that YOU don't want to be part of an HOA (you've made your bias very clear), however legally I have no idea to the answer to your question.

Someone should be able to help you w/a legal answer on this.
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Old 02-18-2011, 08:42 AM
 
Location: Concord, NC
1,210 posts, read 1,936,511 times
Reputation: 804
Talk to a Lawyer.
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Old 02-18-2011, 01:35 PM
 
Location: Indian Trail
539 posts, read 1,311,897 times
Reputation: 266
Read this: North Carolina General Assembly - General Statutes - Chapter 47F: North Carolina Planned Community Act.
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Old 02-18-2011, 04:52 PM
 
5,150 posts, read 6,644,805 times
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I can help point you in the right direction but usually when I offer I find some major detail was left out and end up wasting my time.

You can post here or in DM the name of the corporation in question or an address inside the neighborhood and I can do some digging.

What you described has happened elsewhere and residents fought and won.
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Old 02-18-2011, 06:05 PM
 
1,661 posts, read 2,787,773 times
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Something doesn't sound right about this. If the HOA is not in your deed, i.e. A deed restricted HOA, then they have no legal authority over you at all. NC does not allow retroactive HOAs that are involuntary.
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Old 02-18-2011, 07:20 PM
 
2,818 posts, read 3,338,306 times
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Quote:
Originally Posted by yantosh22 View Post
Something doesn't sound right about this. If the HOA is not in your deed, i.e. A deed restricted HOA, then they have no legal authority over you at all. NC does not allow retroactive HOAs that are involuntary.
The trade groups (HOA management companies and HOA attorneys) that rely on HOAs have been busy seeking legislation to impose it upon homeowners retroactively. The NC Planned Community Act is industry legislation.

Hopefully the facts of this case are similar to the Armstrong case. The NC Supreme Court found in favor of the homeowners in that case and noted that the homeowners were not obligated to be bound by such amendments to the restrictive covenants. So what if other homeowners allegedly wanted to be burdened by an HOA. The problem is when these others decide that you need to be compelled to join their "club".

Per the NC Supreme Court and the facts of that case, the pro-HOA despots could not compel the rest of the homeowners to become involuntary members of the HOA. The pro-HOA folks tend to avoid mentioning that they are seeking to impose a perpetual lien that can never be paid off on your home for the benefit of the HOA corporation they want to control. The homeowners suddenly become liable for the debts of the HOA corporation - a debt that is not theirs. The homeowners' home becomes security for that debt - without the consent of the homeowner.

See if your facts are sufficiently similar to the homeowners in that case and contact the attorney that handled the Armstrong case. See:
Anatomy of a Lawsuit
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Old 02-18-2011, 07:25 PM
 
2,818 posts, read 3,338,306 times
Reputation: 3019
Quote:
Originally Posted by CouponJack View Post
Its obvious that YOU don't want to be part of an HOA (you've made your bias very clear), however legally I have no idea to the answer to your question.

Someone should be able to help you w/a legal answer on this.
Why is it "bias" to say you are not willing to have your property taken from you without your consent and without compensation? That's like claiming it's "bias" when you refuse to yield your property to an armed robber.

Even if "all" the other homeowners allegedly want to be burdened by an HOA why should their desires somehow give them authority to take what belongs to those who want nothing to do with an HOA?

The HOAs clearly only reduce property values, result in endless litigation, ever-increasing assessments for liens that can never be paid off, and generally pose a real threat to the use, value, and continued ownership of the home by the owner. Informed owners don't desire such things.
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Old 02-18-2011, 07:54 PM
 
Location: Wouldn't you like to know?
9,114 posts, read 15,651,383 times
Reputation: 3690
Quote:
Originally Posted by IC_deLight View Post
The HOAs clearly only reduce property values, result in endless litigation, ever-increasing assessments for liens that can never be paid off, and generally pose a real threat to the use, value, and continued ownership of the home by the owner. Informed owners don't desire such things.

Wow, must've had a bad experience in the past to have such an extreme opinion like this.

Funny how many of us have a much different take than you..

So, do tell what specifically happened to you...?
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Old 02-18-2011, 11:36 PM
 
5,150 posts, read 6,644,805 times
Reputation: 1439
Quote:
Originally Posted by CouponJack View Post
Wow, must've had a bad experience in the past to have such an extreme opinion like this.

Funny how many of us have a much different take than you..

So, do tell what specifically happened to you...?
How about a $2000 fine for a non-violation that right before a lawsuit is filed the attorney backs off but refuses after two years to state whether the violation exists or not when nothing has changed?

How about multiple others that had similar issues that I personally delivered copies of their plats so they can tell off the management company that comes after them for the same thing every time a new manager is assigned to the neighborhood?

How about the others that paid the fine because the management company told them their setback was the front of their house? (This doesn't work on me).

How about the others that paid thousands to expand driveways to be in compliance with this imaginary setback?

How about having the "F" word thrown against you at a fine meeting by the president of an HOA that had 0% evidence but still got the vote to go his way?

As long as an HOA can use the buddy system to get their votes and not the rule of law, an HOA management company that doesn't train their staff and a lawfirm that says they've dropped an issue but then won't say if the violation ever existed we've got issues.

The neighborhood is one of the biggest in the counties, the management company is too and the lawfirm wrote most of the current law.

I won't go into more details because the emotion that is tied up when someone tries to steel my house is quite more than any ROI this thread can give me.
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