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Old 08-13-2006, 06:15 AM
 
Location: Portsmouth, NH
32 posts, read 2,531 times
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Default Power of North Carolina HOA?

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
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Old 08-13-2006, 08:26 AM
 
Location: Charlotte,NC, US, North America, Earth, Alpha Quadrant,Milky Way Galaxy
3,226 posts, read 4,484,683 times
Reputation: 1546
I'm not sure there is a general statewide HOA rules and regulations book. I believe it's set by each community- although I could be wrong, and that would be news to me. Some of the communities I've looked at have a HOA web-site and I believe most visitors can browse the site and peek at the HOA guidelines.
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Old 08-13-2006, 08:55 AM
 
Location: Portsmouth, NH
32 posts, read 2,531 times
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Default Hmmm..

I'm not talking about the rules of each community but more along the lines of the rules of HOA governing...There has to be some sort of guidelines on what an HOA or Propert Mangement Company can and cannot legally. For instance, if you decide to never cut your grass gain, what can the HOA or Property Management Company do? Can they fine you? Take you to court? Put a lien on your house?
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Old 08-13-2006, 09:02 AM
 
Location: New York
152 posts, read 322,772 times
Reputation: 61
Quote:
Originally Posted by stefanmro
I'm not talking about the rules of each community but more along the lines of the rules of HOA governing...There has to be some sort of guidelines on what an HOA or Propert Mangement Company can and cannot legally. For instance, if you decide to never cut your grass gain, what can the HOA or Property Management Company do? Can they fine you? Take you to court? Put a lien on your house?
Again, that would depend on what HOA your talking about. My HOA's covenants and restrictions state that if you don't cut your grass, they will send you a letter or some type of warning in writing, and if you ignore that, they will hire someone to cut it, and then the homeowner is responsible for the bill. If you don't pay it, then I assume the landscaping company can take you to court.
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Old 08-13-2006, 09:26 AM
 
Location: Blue Ridge Mtns of NC
5,659 posts, read 17,771,101 times
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Questions and Answers on Residential Subdivisions and Planned Communities

North Carolina state government web site.
http://www.ncrec.state.nc.us/publications-bulletins/subdivisions.html (broken link)
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Old 08-13-2006, 09:30 AM
 
Location: Portsmouth, NH
32 posts, read 2,531 times
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Default Ok

Maybe thats all there is..It just seems that there has to be some sort of state guidelines to the penalties these HOA's can inflict...
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Old 08-13-2006, 10:56 AM
 
1,126 posts, read 2,742,126 times
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What happens if an owner (or the developer) fails to pay funds claimed by the association?

The association must use the rights granted in the restrictive covenants to collect them. In developments subject to the Planned Community Act, liens and foreclosures are permitted.
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Old 08-13-2006, 11:46 AM
 
1,035 posts, read 1,910,553 times
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Anyone going into an HOA should read the rules and regs and if you have any concerns, ask your attorney. Rules and regs are also suject to change but there should be something in the rules to state how changes take effect, your rights, their rights, etc...Fees, how they are determined, increased and all these lovely things to think about

some HOA's are incorporated, others are not, and this too determines what can and cannot be enforced. There are also town and county laws that will 9 out of 10 times supercede an HOA rule.

Here are some helpful links in regard to HOA's in NC -

www.hoa-nc.com

www.hatchlittlebunn.com/homeowners_association_law.html (broken link)

http://www.ccfj.net/faircollres.html

A Case That Went to Court

FACTS :
Davis Lake Community Association is a homeowners' association that maintains a planned development community. A restrictive covenant gives the Davis Lake authority to collect quarterly assessments and other maintenance charges from all residents. Davis Lake sued residents who failed to pay assessments for a year despite notices. The fees owed were $200; Davis Lake also sued for attorney fees of $2380. Defendants filed a counterclaim for unfair debt collection practices in violation of state and federal law. The trial court held for Davis Lake. Defendants appealed.

DECISION :
Reversed in part. The federal Fair Debt Collection Practice Act does not apply because no debt collector is involved. Davis Lake was attempting to collect its own debt. The North Carolina Debt Collection Act does apply because the homeowners are consumers subject to debt collection for household purposes. The attorney fees allowed under the state act, fifteen percent of the total debt, are far less than those demanded by Davis Lake. This is an unfair practice under the state act because it is a misrepresentation of the amount due, for which the homeowners have a claim. Further, defendants may claim for damage to their credit reputation and emotional distress. That claim may go to trial.
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Old 08-13-2006, 11:50 AM
 
Location: Charlotte,NC, US, North America, Earth, Alpha Quadrant,Milky Way Galaxy
3,226 posts, read 4,484,683 times
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Quote:
Originally Posted by stefanmro
Maybe thats all there is..It just seems that there has to be some sort of state guidelines to the penalties these HOA's can inflict...
When you move into a community you sign the equivalent (if not an actual one) of a contract. It will detail expectations on both ends. Failure for either party to meet their agreed upon obligation (i.e., letting your grass length get to long or if the hoa doesn't maintain the common pool for instance) is a breech of contract. It's pretty cut and dry if you sign it or agree to live in that community then the hoa has obligations to you and you have an obligation to abide by the tenants in the guidelines. If you're saying what recourse you may have if the HOA over steps the boundaries of the agreement, then you could sue the HOA (i.e, they cut your grass when it was only 5 inches high when the guidelines says it needed to be 6 inches before they take action).

Oh and yes they can put a lein on your home. If you really want to get the heeby-jeebies read the following "10 Things a Homeowners Association Won't Tell You"

http://tinyurl.com/qhnu3

Last edited by Miker2069; 08-13-2006 at 11:58 AM..
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Old 08-13-2006, 12:00 PM
 
1,126 posts, read 2,742,126 times
Reputation: 408
Quote:
Originally Posted by Miker2069
When you move into a community you sign the equivalent (if not an actual one) of a contract. It will detail expectations on both ends. Failure for either party to meet their agreed upon obligation (i.e., letting your grass length get to long or if the hoa doesn't maintain the common pool for instance) is a breech of contract. It's pretty cut and dry if you sign it or agree to live in that community then the hoa has obligations to you and you have an obligation to abide by the tenants in the guidelines. If you're saying what recourse you may have if the HOA over steps the boundaries of the agreement, then you could sue the HOA (i.e, they cut your grass when it was only 5 inches high when the guidelines says it needed to be 6 inches before they take action).
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
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