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Old 01-21-2008, 09:04 AM
 
Location: S.C.
4 posts, read 13,318 times
Reputation: 12

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In our HOA there is nothing about landscaping,how tall your grass can be or what you can plant.The board is trying to tell my husband,and I that we have to submit to them what we want to plant.Is this legal. benniesway
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Old 01-21-2008, 02:25 PM
 
16,301 posts, read 24,893,102 times
Reputation: 8282
Sounds like a clear cut example of harassment by a committee of busy body neighbors.

If it is poorly written, (to protect the property owners) then very possibly they can just make stuff up as they go.
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Old 01-21-2008, 03:48 PM
 
Location: The 12th State
22,974 posts, read 58,475,137 times
Reputation: 14917
Quote:
Originally Posted by shawn byington View Post
In our HOA there is nothing about landscaping,how tall your grass can be or what you can plant.The board is trying to tell my husband,and I that we have to submit to them what we want to plant.Is this legal. benniesway
Whatever rules they enforce is covered in your covenants.
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Old 01-25-2008, 03:23 PM
 
Location: Southern Granville County
64 posts, read 176,775 times
Reputation: 57
Default This is my first HOA

I did a lot of research on HOA's when we decided to move to NC, because every house we looked at seemed to have them. The NC Planned Community Act was a little to "technical" for me - I couldn't figure out what the practical applications would be - negatively or positively. Yes, I read our development's covenants, and agree with what's written - but how will they be managed? Do we really want to pay for a management company to litigate for minor problems or force the sale of a home to pay back dues?

It seems that most people are happy with their HOA's. Zogby's survey showed for every dissatisfied person, their were 7 who rated them positively. And it seemed like the real horror stories - HOA's litigating against homeowners and losing, and homeowners having assessments (up to $1000) added to cover the HOA's cost - seem to be in California.

So far, I've been pleasantly surprised with the HOA processes and the developer in regard to managing the HOA. And yet, I can't seem to lose the "waiting for the other shoe to drop" feeling.
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Old 01-27-2009, 08:56 AM
 
Location: 10 Park Street
3 posts, read 7,702 times
Reputation: 10
NC kannapolis,1) Can a Hoa be formed if the developer still owns common area? 2)Does the developer Start the HOA seen his name is still on land there?3) 300.00 a year is alot of money, and we have nothing at all!4) And they hired ( the 2 member board) a property management for big buck, and also a Lawyer?
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Old 01-27-2009, 09:08 AM
 
Location: 10 Park Street
3 posts, read 7,702 times
Reputation: 10
Please help with the above questions?
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Old 10-03-2009, 12:02 PM
 
4 posts, read 11,524 times
Reputation: 10
Last year I spent several thousand dollars trying to sue the person that has majority ownership in an 11 house association set up in the 60's. This person is NOT providing where dues are going and if they are paying their dues. I paid for an audit that showed nothing but misc. receipts made up. My attorney at the time said I was out of luck because they have majority rule and can do what they want. There is 3 people including me that are willing to put our dues in a separate bank account until they become more accountable, I am advised that we can be sued for dues owed it would take a year or more for the amount to become substantial. My question is should I hire another lawyer to take the obvious co-mingling of funds to the State of NC? Is there any teeth in the State Laws? I did a quick over view but alas that wasn't any help. Any ideas? Thanks
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Old 01-31-2010, 11:27 AM
 
2 posts, read 6,011 times
Reputation: 10
There was a bill passed in Oct of 2009. It is bill 806 in the General Assemby also North Carolina Cummunity Act. All states are changing the laws for HOA's accross the country. They are not schooled in taking the positions that they do and if they don't like someone they will pick on that person and make their lives miserable. There should be a federal law passed that requires all Board members of an HOA to take a seminar in taking over their postion. Good luck to you.
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Old 01-31-2010, 11:40 AM
 
2 posts, read 6,011 times
Reputation: 10
NC has many State laws that protect homeowners that are involved with HOA's General Assemby just passed a bill in Oct 2009 that helps homeowners and takes away all the power from the HOA House Bill 806. All states are doing this as it is a huge waste of Tax paer money to go to to court over 300 or less in some cases.
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Old 01-31-2010, 03:26 PM
 
4 posts, read 11,524 times
Reputation: 10
terilee, thank you I will look for the bill and read it. She still takes my money and doesn't send me anything on what or where it is getting spent. Amazing!! Because I sued her she sends minutes to other HOA members, but in the minutes she does not provide receipts or any accounting.

And she admits she doesn't pay her dues ontime. I NEED to make her accountable, and so therefore I am very appreciative of your response. Thanks again, Sharon
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