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Old 08-13-2006, 12:08 PM
 
Location: Charlotte,NC, US, North America, Earth, Alpha Quadrant,Milky Way Galaxy
3,769 posts, read 6,745,506 times
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Quote:
Originally Posted by TornadoAlley
Unless it conflicts with your constitution rights. I am sure "Connie" can chime in here. I was always told you never give up this right regardless what is in a contract. Case in point, I was told the HOA were not allowing you to fly flags. This went to court and was ruled you could indeed fly a USA flag and the HOA couldn't do anything REGARDLESS what was in the agreement. There would be no breech.

In the end, if your not sure of the legal writing and/or if your "rights" are being taken away pay a lawyer $100 to read it over before you sign. May save you more money in the long run.

My $.02
True. They simply revised the no flag rule to "flags can only be on poles xx feet high" (incidentally that's from my hoa manual)...
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Old 08-13-2006, 12:13 PM
 
62 posts, read 162,430 times
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http://www.ncga.state.nc.us/gascript...s/Statutes.asp.

I am told Chapter 47C and 47A pertain to the rules HOAs have to follow. It seems at first glance that the whole chapter 47 has to do with HOAs.

Good luck
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Old 08-13-2006, 01:13 PM
 
Location: Blue Ridge Mtns of NC
5,661 posts, read 24,607,561 times
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Technical clarification on the flag display issue:

It wasn't much of a legal issue until President Bush signed Public Law 109-243 last month. Prior to that, HOA's were within their rights to restrict flag display unless their was some state or local law against it. I imagine it will be awhile before the Feds actually write-up the regulations on how the law will be carried out. Once they do that, the details will be published in the Federal Register.
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Old 08-13-2006, 01:19 PM
 
1,126 posts, read 3,563,811 times
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Quote:
Originally Posted by mm34b
Technical clarification on the flag display issue:

It wasn't much of a legal issue until President Bush signed Public Law 109-243 last month. Prior to that, HOA's were within their rights to restrict flag display unless their was some state or local law against it.
At least he did something right while in office

http://www.archives.gov/federal-register/laws/109th/243.txt (broken link)

http://www.whitehouse.gov/news/relea...0060724-5.html
Today, I was pleased to sign into law the "Freedom to Display the American Flag Act of 2005." Americans have long flown our flag at their homes as an expression of their appreciation for our freedoms and their pride in our Nation. As our brave men and women continue to fight to protect our country overseas, Congress has passed an important measure to protect our citizens' right to express their patriotism here at home without burdensome restrictions.
Introduced: Jan 4, 2005
Last Action: Jul 24, 2006: Became Public Law No: 109-243.
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Old 08-13-2006, 01:23 PM
 
Location: Raleigh, NC
11,981 posts, read 28,195,595 times
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When you read the covenants of your neighborhood, these covenants have been RECORDED. These covenants will tell you exactly what you can and can't do. They'll also tell you who has the authority to change these covenants. And from what my real estate attorney tells me, the HOA CAN put a lien on your property if you do not pay the HOA dues. When you close on your home, you sign documents stating that you have read the covenants and that you will abide by them. Legally, HOA have alot of power on their side. If the HOA has been taken over by the homeowner's, go to the meetings and vote...thats the only way to change things that you are not happy about. Vicki
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Old 08-13-2006, 01:27 PM
 
Location: Blue Ridge Mtns of NC
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It's hard to believe that after 230 years, Congress had to pass a law to permit the display of the U.S. Flag by all Americans on their own private property.
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Old 08-13-2006, 01:30 PM
 
1,126 posts, read 3,563,811 times
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Quote:
Originally Posted by VickiR
When you read the covenants of your neighborhood, these covenants have been RECORDED. These covenants will tell you exactly what you can and can't do. They'll also tell you who has the authority to change these covenants. And from what my real estate attorney tells me, the HOA CAN put a lien on your property if you do not pay the HOA dues. When you close on your home, you sign documents stating that you have read the covenants and that you will abide by them. Legally, HOA have alot of power on their side. If the HOA has been taken over by the homeowner's, go to the meetings and vote...thats the only way to change things that you are not happy about. Vicki
Here is a good question. This has been brought up to my lawyer (I had a construction business back in the 90's) we liened a few homes. We were told that if you don't go to court in "x" time, its worthless. Our first house had a lien on it from a previous owner. When we bought it we found out right before papers were signed. The previous owner had a bail bond lien for $60k and nothing was done for 3 years and clear title was given when we bought AND sold. So, does the HOA have power to foreclose? If not, the same may happen if you live there for "X" amount of time and nothing is done.

If this because the law states you have "X" amount of time (3 years I think) to take someone to court for a civil action. If you don't you have no recourse from the court. The title company feels if you did nothing, and now have no legal recouse in court, there is nothing showing you have a right to lien? Good question for someone in the legal field!
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Old 08-13-2006, 01:31 PM
 
1,126 posts, read 3,563,811 times
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Quote:
Originally Posted by mm34b
It's hard to believe that after 230 years, Congress had to pass a law to permit the display of the U.S. Flag by all Americans on their own private property.
Agree!...................
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Old 08-13-2006, 01:41 PM
 
1,035 posts, read 2,647,964 times
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I do not now about NC, but here in NY you pay a title company to ensure of a clean title etc - and when there is a lien on a home, the only way the leinholder will get those funds is if the house is sold, like your mort co, when you sell, they are a leinholder and in order for a clean title, the mortgage must paid off...I would be surprised that liens slip through the cracks.

It is very important for many who take out Home Eq, when you pay off to make sure you get a letter because sometimes it can take months or years for it to be recorded... I refinanced my home about 2-3 yrs ago when interest rates dropped, I just now got a letter from the town that they recorded it...
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Old 08-13-2006, 01:55 PM
 
1,126 posts, read 3,563,811 times
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To this day we wonder how the $60k didn't have to be paid when their was a lien for it. That is not small potatos. I am sure someone in the legal field can shed some light.

I house I liened was for $600 I think and it sold and I never got paid. Thus the reason I called my lawyer! Now on the reverse, I had a lien for $300 and it got paid through escrow. So, who knows. Both these were not a mortgage, so maybe this is the reason why. One is a mortgage lien and the others spoken of are a mechanics lien.
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