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Old 08-08-2008, 06:30 PM
 
Location: NEW YORK - NASSAU
221 posts, read 673,058 times
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Has anyone had any success with stoping an HOA making a major purchase for the community? My community is looking to purchase a gate and close some residential streets and they have no $$ to do this. So they will most likely impose a special assessment to each resident. Are their universal HOA laws in NOrth Carolina?
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Old 08-08-2008, 06:33 PM
 
1,877 posts, read 4,303,809 times
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First I'd find out who the owner of the streets is. If the city owns the streets, I dont believe the HOA can gate them.
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Old 08-08-2008, 06:37 PM
 
Location: NEW YORK - NASSAU
221 posts, read 673,058 times
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They managed to find a loop hole so it can be done. The roads will still be public. And there will be only one gate at the main entrance.
There are other ways to get in.
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Old 08-08-2008, 06:40 PM
 
Location: Noth Caccalacca
5,553 posts, read 6,668,458 times
Reputation: 4838
Quote:
Originally Posted by threesons View Post
Has anyone had any success with stoping an HOA making a major purchase for the community? My community is looking to purchase a gate and close some residential streets and they have no $$ to do this. So they will most likely impose a special assessment to each resident. Are their universal HOA laws in NOrth Carolina?
I don't think they can impose a special assessment unless a certain percentage of HOA members vote for it.
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Old 08-08-2008, 06:42 PM
 
Location: NEW YORK - NASSAU
221 posts, read 673,058 times
Reputation: 43
Quote:
Originally Posted by TheEmissary View Post
I don't think they can impose a special assessment unless a certain percentage of HOA members vote for it.
Yes, but the builder still has the majority of the votes so if they get them on Board that would be a winner for them. Not clear on that yet. Can not get a straight answer from anyone. Also, I am not sure how they count absentee votes. If they keep it hush hush as they are they can slip it through.
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Old 08-08-2008, 06:44 PM
 
1,877 posts, read 4,303,809 times
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Quote:
Originally Posted by TheEmissary View Post
I don't think they can impose a special assessment unless a certain percentage of HOA members vote for it.
I think you're right. I believe the number is 2/3.
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Old 08-08-2008, 07:34 PM
 
Location: Noth Caccalacca
5,553 posts, read 6,668,458 times
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Quote:
Originally Posted by Hoagie58 View Post
I think you're right. I believe the number is 2/3.
But if the builder still controls the majority of the votes, they can impose a "special assessment" on the community even if every homeowner voted against it. This is a big problem in new developments and creates animosity that will last a long time.
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Old 08-08-2008, 07:45 PM
 
Location: NE Charlotte, NC (University City)
1,894 posts, read 5,725,602 times
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I would canvas all the neighbors letting them know the downsides to a gated community. I'll start a list here:

- false sense of perceived security
- high maintenance costs
- typically broken more than once per month form kids or other vehicles trying to thwart the system
- inconvenience of having to let someone in by a phone call
- you lose some City services, no matter what loop hole you find...or at least cause a delay in response time
- a majority of typical home buyers (especially in our region) find them repulsive and would not want to buy a home in a gated community (think resale)
- they can be dangerous if/when kids play on or near them
- ever tried rolling down your window in an undesirable climate (wind, rain, snow, heat...basically anything other than a nice autumn day) to type in a code or wave a access card???

Hopefully, you could drum up enough interest to help stop the idiotic move.

If it concerns you enough (as it would me), you could always get a lawyer and threaten action since you bought a multi-hundred thousand dollar investment in a NON gated community...and probably wouldn't have done so if there were official plans to gate it off in the future.
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Old 08-08-2008, 07:58 PM
 
2,152 posts, read 6,056,769 times
Reputation: 1377
Generally Homeowners Association wouldn't just decide to put a gate in the community without consulting the homeowners first, or at least taking a poll as to what the neighbors feel. If yours is just having meeting and the members just decide to do it without asking, that seems odd to me.

Most management companies who work in conjuction to the board would adivse the members of the board against making a community decision like this especially in a "Cash Poor" situation.

If you have a Management company, I would definitely contact them and have the people who are not supportive of the purchase do so also. Then I would request to be present at the next meeting of the Board and voice your opinion and bring signatures or supporting documentation from other neighbors that back you up.

Generally absentee votes (proxy's) are filled out by the homeowners allowing someone else to place their vote for them but have to be mailed out a certain amount of weeks prior to the vote.

I'd advise you to take a step back and make sure they are not just "discussing" it first before bringing it to the community.
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Old 08-08-2008, 09:17 PM
 
Location: Mooresville, NC
1,865 posts, read 4,783,488 times
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We just had our annual HOA meeting last night & had a similar situation on the agenda. Some residents, especially those that currently live on the street that connects into the new community next door, want to have a "monument" or sign errected on the COS between the two properties. (Believe me, some of tham have already stated they want a gate put there, ridiculous!).

We took a survey about the possibility of putting the sign up. We were told we had to have a quorum (or 2/3 vote) in favor of discussing it. If we reach that, then they must call for a "special meeting" in order to present the estimates to build it & to vote on it.

I'm with you. I don't want to be in a gated community either. If you feel that strongly about it, you should definitely look into it.

Good Luck,

BxRosie
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