Power of North Carolina HOA? (Star: sale, lawyer, home)

[busyjennc]

I would check on line with CAI (Community Association Institute) and ask them if they know anything about North Carolina's laws. This is the institute that typically hires the people to gather votes on things like this to make it into law. They have a big say in what goes in in HOA's. If they don't know, they can send you in the right direction...

[/quote]

Originally Posted by stefanmro

It was my understandng that the HOA's in North Carolina had their power substantially reduced recently however I can't seem to find any "rules and regulations" for HOA's in North Carolina period. I've been told that the HOA's can NO longer place liens on homes does anyone know if this is true or false? Does anyone have a good link to a North Carolina rules and regulations type webpage where this information is documented? Thanks!

Stefan

[zpuchkoff]

I have a booklet, NC Homeowner Association Laws, published by Association Management Group Inc.211 Main Street, Pineville, NC, 23247. 704-889-7500, that was published in January 1999.
Hope this helps you. Their website: amgworld.com

Zal Puchkoff

[gina gardner]

I have lived in Bonterra Village in NC for a little over two years. I have received aprrox. 10 "violation" letters. None have been substantiated. The first four stated that we owned a commerical Vehicle. It is a cargo van w/o any lettering on it. It does not have commerical plates. We had to go to a hearing for this accusation. One of the board members even had pictures of the inside of my husbands van. How can my husband and I stop these letters and false accusations without paying for a lawyer? It seems we do not have any rights. The last 3 have been for permantly parking our cars on the street. We work long hours, run kids around, and at night park in our driveway. I do not see how the HOA can write these letters saying we are in violation. We have another hearing this Sunday. Aahhh!

[walidm]

Originally Posted by stefanmro

It was my understandng that the HOA's in North Carolina had their power substantially reduced recently however I can't seem to find any "rules and regulations" for HOA's in North Carolina period. I've been told that the HOA's can NO longer place liens on homes does anyone know if this is true or false? Does anyone have a good link to a North Carolina rules and regulations type webpage where this information is documented? Thanks!

Stefan

The best source of information, from which one can review the Powers of Owners Associations is the North Carolina General Statutes.

Here and here.

Hope this helps.

[19yearsincharlotte]

Originally Posted by gina gardner

I have lived in Bonterra Village in NC for a little over two years. I have received aprrox. 10 "violation" letters. None have been substantiated. The first four stated that we owned a commerical Vehicle. It is a cargo van w/o any lettering on it. It does not have commerical plates. We had to go to a hearing for this accusation. One of the board members even had pictures of the inside of my husbands van. How can my husband and I stop these letters and false accusations without paying for a lawyer? It seems we do not have any rights. The last 3 have been for permantly parking our cars on the street. We work long hours, run kids around, and at night park in our driveway. I do not see how the HOA can write these letters saying we are in violation. We have another hearing this Sunday. Aahhh!

One idea is to abide by the rules and stop parking on the street. The van thing sounds like that was ridiculous, but if you are not to park on the street, then stop it. Simple as that. Your wish for convenience does not trump the needs and rules of the neighborhood. Parking on the street is dangerous and blocks traffic, which is why these rules are often in place.

[mm34b]

Originally Posted by gina gardner

The last 3 have been for permantly parking our cars on the street.

Is the street posted as no parking or temporary parking only?

[ch123]

It would be tough to go against the HOA regardless of whether you are right or they are wrong. I would suggest a conciliation at the meeting unless you have 50K-100k to sue the HOA.

I have known where the HOA has called the police to ticket cars parked on the streets and habitual offenders have had their cars towed away after temporary "no parking" signs were posted in front of the offender's house by the HOA.

It's a lot easier to park in the driveway than go through with the above.

[mommiewrites]

To my knowledge, an HOA can only foreclose on your home if you are significantly behind on your HOA dues. Not sure about liens...?

They CAN take you to court for fines for grass, etc, but many wont because of costs, and judges are unlikely to rule in their favor.

they don't have as much power as some would like you to believe.

[walidm]

Originally Posted by mommiewrites

To my knowledge, an HOA can only foreclose on your home if you are significantly behind on your HOA dues. Not sure about liens...?

They CAN take you to court for fines for grass, etc, but many wont because of costs, and judges are unlikely to rule in their favor.

they don't have as much power as some would like you to believe.

Interesting...have you read my prior post....what power don't they have that we believe they do? Can you clarify please, I just want to understand.

[Asheville Native]

The reality is that ANY group of busy body neighbors having ANY say so with what you do with the property you purchased is too much. And when it gets down to rules like "you can't leave your garage door open" and other such stupid rules is clearly 'harassment by committee',