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I don't get why people who don't like HOA rules move into a HOA community???
When purchasing/renting in a HOA rulled place, I would think the sensible thing to do is to read the rules before committing.
Believe it or not, there are many people that love the HOA and their rules, since they hate the "pink flamingo's" & "park on the lawn" type of neighborhoods...
Indeed. I recommend you read Chapter 47 of the NC State Statutes, "The North Carolina Planned Community Act", for the powers given to HOWs in this state.
There is not a state statute that invalidates contracts and this wasn't stated. What was stated is that you can't create a valid contract that would violate a state statute. Implicit in that, is you can't give yourself rights and powers, such as regulating parking on public streets, by writing a contract. Parking regulations on public streets are handled by the city councils, not HOAs.
Indeed. I recommend you read Chapter 47 of the NC State Statutes, "The North Carolina Planned Community Act", for the powers given to HOWs in this state.
There is not a state statute that invalidates contracts and this wasn't stated. What was stated is that you can't create a valid contract that would violate a state statute. Implicit in that, is you can't give yourself rights and powers, such as regulating parking on public streets, by writing a contract. Parking regulations on public streets are handled by the city councils, not HOAs.
If you look at it though, city councils, city codes or ordinace does not include specific instructions when it comes to parking in a subdivision. In public places on public streets, they do have specific instructions. That's why I ask you if you have talked to your local enforcement agency as to what their stance is in regards to this situation. I'm sure, your local enforcement agency should be able to give you some highlight on this. I'll look into chapter 47 and thanks for the direction.
I don't get why people who don't like HOA rules move into a HOA community???
When purchasing/renting in a HOA rulled place, I would think the sensible thing to do is to read the rules before committing.
Believe it or not, there are many people that love the HOA and their rules, since they hate the "pink flamingo's" & "park on the lawn" type of neighborhoods...
Parking on the lawn is a violation of Charlotte ordinances. I'm not aware of any NC HOA that doesn't allow pink flamingos but if there are some I'm sure I can't afford to live there.
The law and society evolve.
OTOH as I've stated before, I bet most people don't even know how to absolutely verify on their own what their HOA rules even are. I don't mean some website for the neighborhood or talking to an agent or even the closing lawyer. I mean how to tell by looking at the legal documents directly.
I can't imagine why a DA would be bothered with the contents of a HOA contract.
If someone was going to ask a general question I'd rather it be to the prosecutor or maybe the attorney general. I'm sure not going to survey random police officers.
I wouldn't do either. I said what I would do and in fact am doing.
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