Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I would think that you need to read the covenants. There should be a section on how to change the covenants. It should tell you how to properly write a new covenant. Under 47F you need 67% of the total lots to vote to change covenants.
If you are able to get the super majority needed you should get an amendment through.
Contact the board and give them the outline. Then allow the HOA attorney make any corrections. Hold the vote making sure you get proxies from all lot holders.
If you start now you may get the change done in 6 month's.
Good luck.
The board of the HOA never changed the covenants, but are enforcing a new covenant that doesn't exist in the written covenants. There is no notice to a prospective buyer of this secret covenant as it doesn't appear in the chain of title to the real property itself. The covenants are currently limited to the private property that are common areas and private residences. The road is not private property and the covenants have never been amended to control parking on public property. The covenants explicitly limit themselves in the first page to the private property and much later in the document the private property is described. The private property described has incorrect information in it, the board petitioned and then deeded away some of the private property out of the community and never updated the now erroneous description of the private property.
There is no existing legal theory I am aware of that gives the HOA more authority to restrict parking on streets outside the county or the state than to streets in closer proximity to the HOA itself.
From experience and common sense people like to claim the public street in front of where they live, you see this crowded urban areas. I have seen people place cones and erect signs designating the public parking spaces as private and for the use and benefit of the owner of property adjacent to public property that is for the benefit and use of all the public. I have seen videos where the police ticket the party for unlawfully erecting obstructions and signs.
I have also seen the evil attempts to have the municipality issue parking permits and turn the public street that is paid for by the community at large and dole out the passes specific private individuals. This corruption was commonplace in Virginia Beach. This results in a publicly funded road being used in some sense as a private road. The privatization of the benefit and the making public the cost of the benefit.
Nothing about public or private streets, they can levy a fine, and eventually if the fines aren't paid, they will put a lien on the property. The very least that can happen is the lien may go unpaid, but if and when the dwelling sells, the closing attorney will not allow the completion of the sale until the fines and assessments are paid in full. In some cases they (HOA) have the legal ability to foreclose on the property for the amount of fines and forfeitures.
Police may not tow or ticket, but the lien ability of the HOA will eventually catch up with you.
We had one in our neighborhood that went 10 years. They finally sold the house and paid the 6500 dollars in fines and interest. They were also not allowed any use of common areas or voting rights during the lien period. Effectively, they resigned from the neighborhood for a period of 10 years, but still got stuck with the payments.
Nothing about public or private streets, they can levy a fine, and eventually if the fines aren't paid, they will put a lien on the property. The very least that can happen is the lien may go unpaid, but if and when the dwelling sells, the closing attorney will not allow the completion of the sale until the fines and assessments are paid in full. In some cases they (HOA) have the legal ability to foreclose on the property for the amount of fines and forfeitures.
Police may not tow or ticket, but the lien ability of the HOA will eventually catch up with you.
We had one in our neighborhood that went 10 years. They finally sold the house and paid the 6500 dollars in fines and interest. They were also not allowed any use of common areas or voting rights during the lien period. Effectively, they resigned from the neighborhood for a period of 10 years, but still got stuck with the payments.
The Bylaws describe how the organization is setup and is operated. The covenants are what I am talking about, you need the covenants.
'Declarant is the owner of the real property described in Exhibit "A"
attached hereto and incorporated herein by reference. Declarant intends by this
Declaration to impose upon the Properties (as defined herein) . . . Declarant hereby, declares that all of the property described in Exhibit "A"
and any additional property which is hereafter subjected to this Declaration by
Supplemental Declaration (as defined herein) shall be held, sold, and conveyed subject
to the following easements, restrictions, covenants, and conditions, which are for the
purpose of protecting the value and desirability of and which shall run with the real
property subjected to this Declaration and which shall be binding on all parties having
any right, title, or interest in the described Properties or any part thereof, their heirs,
successors, successors-in-title, and assigns, and shall inure to the benefit of each
owner thereof. '
When the HOA deeded the property for the roads the deed was not allowed to contain easements, restrictions, covenants, and conditions . . . and had to be deeded as per the requirements set forth by the NCDOT, and the HOA has the authority to deed property it owns without subjecting it to the covenants and restrictions otherwise the NCDOT would have rejected the petition. The law of the state supersedes any restrictions in the deed regardless, for ample example of this lookup all the deeds that restrict the use of property for whites only and how the owners of such property knowing and agreeing to the whites only provisions are not required or even allowed to abide by them. For a specific example lookup the Reynolda Gardens in Winston-Salem. Be warned the Reynolds family put some very racist language in that and it may be upsetting to see how recent such sentiment was immortalized forever in the public record.
If anyone is confused, you can file a lien on any property for any reason. Even if you aren't an HOA and have no relationship to the property. The validity of the lien and whether you commit some form of fraud or unintentional falsehood is another matter entirely.
I don't see any evidence to support that the acts of a third party not associated with the HOA or a resident of the HOA, can lead to fines or any sanctions against the resident by the HOA for the conduct of this third party that is entirely limited to acts on public property not owned by the other two parties.
Imagine if I find out where someone who posts on this thread lives and it turns out to be in Highland Creek. I could park my car in front of that house in Highland Creek. The HOA would then issue notice, then fines, and if they decided to keep the fines going, they could file a lien on the property and wait until the property is sold to collect those fines. The law is not such an inept tool that such a lien would be enforceable, beyond that it is very likely that the HOA that placed such a lien could be responsible for damages, and considering the fines are profitable this could be seen as a deceptive and unfair trade practice and those damages could be trebled.
This example may seem ridiculous but this absurdity is only possible because of the manner in which Highland Creek's board members conduct themselves.
As a slight detour - can anyone clearly articulate the harm of a car being parked on a public street adjacent to Highland Creek between the hours of 1AM and 6AM?
The HOA of Highland Creek only enforces the no parking rule between 1AM and 6AM. You will never hear a word from Highland Creek's HOA if you park a care 365 days a year from 6AM to 1AM in front of a house in Highland Creek. I am not sure what kind of harm it is and what benefit they are trying to obtain.
If anyone is confused, you can file a lien on any property for any reason. Even if you aren't an HOA and have no relationship to the property. The validity of the lien and whether you commit some form of fraud or unintentional falsehood is another matter entirely.
I don't see any evidence to support that the acts of a third party not associated with the HOA or a resident of the HOA, can lead to fines or any sanctions against the resident by the HOA for the conduct of this third party that is entirely limited to acts on public property not owned by the other two parties.
Imagine if I find out where someone who posts on this thread lives and it turns out to be in Highland Creek. I could park my car in front of that house in Highland Creek. The HOA would then issue notice, then fines, and if they decided to keep the fines going, they could file a lien on the property and wait until the property is sold to collect those fines. The law is not such an inept tool that such a lien would be enforceable, beyond that it is very likely that the HOA that placed such a lien could be responsible for damages, and considering the fines are profitable this could be seen as a deceptive and unfair trade practice and those damages could be trebled.
This example may seem ridiculous but this absurdity is only possible because of the manner in which Highland Creek's board members conduct themselves.
As a slight detour - can anyone clearly articulate the harm of a car being parked on a public street adjacent to Highland Creek between the hours of 1AM and 6AM?
The HOA of Highland Creek only enforces the no parking rule between 1AM and 6AM. You will never hear a word from Highland Creek's HOA if you park a care 365 days a year from 6AM to 1AM in front of a house in Highland Creek. I am not sure what kind of harm it is and what benefit they are trying to obtain.
So you're parking your car in front of someone else's house and you were fined? No room in the driveway or garage?
So you're parking your car in front of someone else's house and you were fined? No room in the driveway or garage?
I don't live in Highland Creek and I have never been fined, they have put violation and fine 'tickets' on my windshield. I don't live there so I have no earthly idea how they are going to fine me.
I certainly won't park my car in someone's driveway without permission, and I don't ask random people if I can park in their driveway.
Someone else parks in Highland Creek, I have no idea who they are. The homeowner nearest this parking person has been called in to a hearing.
I serve on the board of another HOA and we never try to restrict people from parking on public streets - we don't want to end up in a legal battle over it and spend the money that we as a board are entrusted with. We are nowhere the size of Highland Creek so people won't tolerate waste at the size and scope of Highland Creek (such as hiring police to attend meetings). I can't fathom doing anything so odious as a board member to make me want the police there.
I don't live in Highland Creek and I have never been fined, they have put violation and fine 'tickets' on my windshield. I don't live there so I have no earthly idea how they are going to fine me.
I certainly won't park my car in someone's driveway without permission, and I don't ask random people if I can park in their driveway.
Someone else parks in Highland Creek, I have no idea who they are. The homeowner nearest this parking person has been called in to a hearing.
I serve on the board of another HOA and we never try to restrict people from parking on public streets - we don't want to end up in a legal battle over it and spend the money that we as a board are entrusted with. We are nowhere the size of Highland Creek so people won't tolerate waste at the size and scope of Highland Creek (such as hiring police to attend meetings). I can't fathom doing anything so odious as a board member to make me want the police there.
Do you own a commercial vehicle, tractor-trailer, or RV and are parking it in HC? Why would you park your car in HC if you don't live there? Can you just cut the bull**** and tell us exactly what is happening?
Do you own a commercial vehicle, tractor-trailer, or RV and are parking it in HC? Why would you park your car in HC if you don't live there? Can you just cut the bull**** and tell us exactly what is happening?
The car is parked there, the why isn't pertinent, why I park a vehicle on public roads is my business. I don't want an HOA creating a motive for people to illegally try and harm my vehicle that I park on public roads.
What is happening is that a vehicle parked on public roads is leading to the attempt to assess fines. The HOA, Highland Creek, never asserts that the vehicle is in any way associated with the homeowner when they try to fine. They assert there is a vehicle parked in front of a house and have a hearing about fines. They never state the minimum necessary facts or even assert them. They just go to fine.
For example, lets say an HOA doesn't allow owners to have their dogs in front yards off a leash. The HOA sends an intent to fine and notice of hearing stating that you have broken the dogs in front yards off a leash. The HOA never says on what date and what time a dog was observed in your front yard. The HOA never asserts that this was your dog. The HOA never asserts the dog was off a leash.
Notice would look something like this: On August 5th, at 2:30PM ED a golden retriever breed of dog with the license Good Boy was observed off leash in the front yard of Blackacre by Employee Smith. Good Boy is owned by the resident of Blackacre. Blackacre is in HOA and subject to covenant D0-G that no dog shall be off leash in the front yard of a residence in HOA. Resident of Blackacre is in violation of the covenant and is subject to fine, there will be a hearing 08/06/2021 to discuss matter.
Lack of notice is this: Resident of Blackacre is in violation of D0-G. There is a hearting 08/06/2021 at location and time.
Lack of notice is this: Dog observed in front yard. Resident of Blackacre is in violation of D0-G. There is a hearing 08/06/2021 at location and time.
Focus on the lack of stating facts that when connected (and connected in the notice) establish all the elements of the violation.
Highland Creek never says what vehicle, when the vehicle was where, owned by whom, and how whom is related to homeowner. They send a letter with the conclusion that you may have violated the covenant. They don't explain how you may have violated the covenant.
If you want more examples - if you have ever had a moving violation alleged by a police officer they fill out the who what when why and how on the ticket they give to you. They are required to give you notice and notice requires all those details. If they leave off your name, the vehicle's tags, what speed they say you were going, any one of these the entire thing gets thrown out.
The car is parked there, the why isn't pertinent, why I park a vehicle on public roads is my business. I don't want an HOA creating a motive for people to illegally try and harm my vehicle that I park on public roads.
What is happening is that a vehicle parked on public roads is leading to the attempt to assess fines. The HOA, Highland Creek, never asserts that the vehicle is in any way associated with the homeowner when they try to fine. They assert there is a vehicle parked in front of a house and have a hearing about fines. They never state the minimum necessary facts or even assert them. They just go to fine.
For example, lets say an HOA doesn't allow owners to have their dogs in front yards off a leash. The HOA sends an intent to fine and notice of hearing stating that you have broken the dogs in front yards off a leash. The HOA never says on what date and what time a dog was observed in your front yard. The HOA never asserts that this was your dog. The HOA never asserts the dog was off a leash.
Notice would look something like this: On August 5th, at 2:30PM ED a golden retriever breed of dog with the license Good Boy was observed off leash in the front yard of Blackacre by Employee Smith. Good Boy is owned by the resident of Blackacre. Blackacre is in HOA and subject to covenant D0-G that no dog shall be off leash in the front yard of a residence in HOA. Resident of Blackacre is in violation of the covenant and is subject to fine, there will be a hearing 08/06/2021 to discuss matter.
Lack of notice is this: Resident of Blackacre is in violation of D0-G. There is a hearting 08/06/2021 at location and time.
Lack of notice is this: Dog observed in front yard. Resident of Blackacre is in violation of D0-G. There is a hearing 08/06/2021 at location and time.
Focus on the lack of stating facts that when connected (and connected in the notice) establish all the elements of the violation.
Highland Creek never says what vehicle, when the vehicle was where, owned by whom, and how whom is related to homeowner. They send a letter with the conclusion that you may have violated the covenant. They don't explain how you may have violated the covenant.
If you want more examples - if you have ever had a moving violation alleged by a police officer they fill out the who what when why and how on the ticket they give to you. They are required to give you notice and notice requires all those details. If they leave off your name, the vehicle's tags, what speed they say you were going, any one of these the entire thing gets thrown out.
You keep saying public roads. The problem is that you don't live in HC and are parking your car or other vehicle there. Just say that. I don't need examples. See how easy it was to type that. Took me less than 3 seconds.
You keep saying public roads. The problem is that you don't live in HC and are parking your car or other vehicle there. Just say that. I don't need examples. See how easy it was to type that. Took me less than 3 seconds.
I don't understand. My parking the vehicle isn't a problem. My not living in Highland Creek isn't a problem. Put those two together and its still not the problem. Can you explain what you are saying the problem is and why it is a problem?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Highland Creek = toxic HOA
