Who Regulates HOA's (Asheville: real estate, homeowners association, credit)

[clmjewel]

I have rneted my townhouse out and since my tenant has been in there the HOA has done nothing but harass him. I need to find out if there is nothing in the HOA Rules and Regulation or Covenant about parking in the Visitors spaces. This past weekend my tenant had an extra guest and he parked his car in a visitors parking space, allowing his visitor to park in his assigned space. Someone in the communtiy place a note stating that he could not park his car there. Also, the management group finally sent him a letter giving notification that his car would be towed if he continued to park there. What can I do as the homeowner? I'm trying to sell this place but other homeowners are making it very difficult to keep a potnetial buyer. You can email me back at the following ursa292000@yahoo.com

[ibeg4sushi]

HOAs are such a pain in the A**. WHY do we need to pay someone to come over, measure our grass, and then fine us? It's about as good an idea s paying someone to put us in debt (credit!). Seriously. Blah.

I wish I could help - the only thing I can think of is to contact some governmental or state websites to see if there is some type of regulation. I would also venture out to the Better Business Bureau (since technically the HOAs are offering a "service" that is being paid for) and see if they can point you in the right direction.

If there isn't some kind of regulation, there really needs to be!!!!!

[ibeg4sushi]

Check out Wikipedia on "Homeowners Associations" - there is a segment in there about "The North Carolina Planned Community Act" where it mentions:

"Certain states are pushing for more checks and balances in homeowners' associations. The North Carolina Planned Community Act, for example, requires a due process hearing to be held before any homeowner may be fined for a covenant violation. It also limits the amount of the fine and sets other restrictions."

Here's a link to that information on Wikipedia:

Chapter 47F

It's big and it's in Legal-speak, but it's a great first step - and maybe there is some help in the phone book, like say, lawyers who have branched into a speciality area, such as a real estate lawyer!! If I find more, I will post.......

Good luck!! Let's fight those jerks!!! Say, which community was that anyway? We are looking for a Townhome...if you want to private email that, that's fine, too! Maybe I can find some more on that particular HOA...just a thought.

[baldemar]

I fell behind a few months on my dues and i was told that i had till may7 to pay $303 and i sent a check in 17 day before the due date. I got a letter on April 30 thanking me for my payment but I still owed $463 more. the check was cashed on may 5th that is still 2 days before it was due. I have tried calling all they say i need to pay the rest. I need help

[cohaagen]

One thing you need to consider is that you signed a contract with the HOA stating that you agreed to follow all regulations and penalties outlined by the HOA agreement. This was a choice you made prior to owning the property; in fact your ownership of the townhome was conditional upon your agreement. Your lessee must also follow these rules, otherwise you are accountable for his actions. You only have a case if the HOA is abusing its authority and is not keeping up its end of the contract.

[pattiv]

Originally Posted by clmjewel

I have rneted my townhouse out and since my tenant has been in there the HOA has done nothing but harass him. I need to find out if there is nothing in the HOA Rules and Regulation or Covenant about parking in the Visitors spaces. This past weekend my tenant had an extra guest and he parked his car in a visitors parking space, allowing his visitor to park in his assigned space. Someone in the communtiy place a note stating that he could not park his car there. Also, the management group finally sent him a letter giving notification that his car would be towed if he continued to park there. What can I do as the homeowner? I'm trying to sell this place but other homeowners are making it very difficult to keep a potnetial buyer. You can email me back at the following ursa292000@yahoo.com

As a former HOA prez, I suggest you document with dates, and facts each occurance of harrasment. Make sure you send certified mail to the association and or attend the next HOA meeting. Sometimes you get people on these association boards that tend to abuse their authority. I have seen this in reference to "renters".Present your facts and make sure your tenant is following the parking rules as well as any other rules in your by-laws and regs.
Most boards will "back down " if threatened with discrimination against "renters". Just make sure your tenant is following the rules.

[Asheville Native]

HOA's are a home for small minded people that have some desire to run/ruin the lives of others, and eventually these meddling fools will get on HOA boards because of the complacency of the majority. A person that "wants" to serve on an HOA should never be allowed to.

[ibeg4sushi]

Don't you mean Asheville with 2 "e"'s??? *chuckle* Sorry, I have to a weenie!

[baldemar]

Why are they SOOOO strict at regulating and complaining and quick to hand out fines but never seem to comply with their duties?!!! ex: dirty streets, no sweepers, no landscaping on their behalf (common areas)...
Who wil enforce HOA to comply with their duties?

[ibeg4sushi]

That is a good question, a very good question indeed! I think I'm seeing a need here: a national, or state-wide company to supervise and regulate (and FINE or discharge/ban) problematical citizens for non-compliance in HOAs! And with that I mean of course the HOA folks themselves. Checks and balances, people!!