Raleigh, Durham, Chapel Hill, CaryThe Triangle Area
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i would NEVER EVER EVER EVER EVER EVER EVER buy in an neighborhood that has an HOA or seems like it may WANT to create an HOA.
Which means you will never ever ever ever ever ever ever be able to buy a house in a neighborhood developed after 2004, since NC state law mandates that new developments have an HOA to own, manage and maintain required stormwater facilities.
If your HOA sucks, VOTE OUT THE BOARD!
In my Townhouse community of 205 units, it would be a disaster NOT to have an HOA. I am on the "board". We have open monthly meetings that, on average, 3 residents show up at.
But first thing to "go wrong" in their little slice of the world and they come, complain, demand and yell. Nothing wrong? they never show up.
Get involved if you want something to change...
Our board 10 years ago was terrible. The 'hood rose up and fired them all and sat a new board.
So, either be part of the solution or part of the problem.... your choice....
Thanks for that response. I am also being pushed to pay dues in a newly formed HOA in North Carolina. The developer did not form the HOA prior to the first lot being sold. There is no mention of an HOA in the restrictions or covenants. There is no mention of a HOA in my deed. I have lived in my home for 4 years. There are 36 other homeowners in the subdivision. Now the developer has hired an attorney and formed an HOA stating he messed up and should have done this in the beginning. I went to one meeting and opted out of voting telling the developer he did not have any right to form the association (along with several other homeowners). However, a few homeowners worked with the developer and formed the assocation anyway. The management company which is run by the attorney for the developer, is telling us we are forced to be a part of this homeowners association due to this planned community act. Now we are getting demand letters to pay dues. I refuse to pay. It is not right. Homeowners need to stand up for their rights. $200 may not seem like much and certainly you should pick your battle but where is the legal rights of the homeowner in North Carolina?????.
Sounds a lot like what happened in our subdivision, except ours was formed by a group of homeowners. It has become quite a mess with different factions in the neighborhood trying to pull the association one way or another.
Your developer or any homeowners have every right to form an association, and whether or not you can be forced to join depends a lot on any documents you signed and also on any covenants attached to your property. Here is a link to the NC Planned Community Act. Chapter 47F
If anything in any of your documents or covenants gives you any responsibility for common property, you may fall under the act. Like others have said, you will probably need a lawyer of your own to sort it out.
Even if you are not forced to join, you may still come under control of the HOA. Subdivision covenants usually give the developer or builder some form of "architectural control" and this control could be passed on the the HOA. When you want to paint your house, or build a fence, or plant a garden, you may have to get it approved by the HOA first, even if you are not forced to join.
Which means you will never ever ever ever ever ever ever be able to buy a house in a neighborhood developed after 2004, since NC state law mandates that new developments have an HOA to own, manage and maintain required stormwater facilities.
Even if you are not forced to join, you may still come under control of the HOA. Subdivision covenants usually give the developer or builder some form of "architectural control" and this control could be passed on the the HOA. When you want to paint your house, or build a fence, or plant a garden, you may have to get it approved by the HOA first, even if you are not forced to join.
Watch, though, that there is actually some documentation giving the HOA authority over the covenants. If the covenants themselves don't provide for the HOA to assume responsibility from the developer, then the developer who otherwise has that authority will need to go through some steps to assign it to the HOA, and my limited experience is that it's a step sometimes neglected.
When I lived in Raleigh, I bought into a new development that was appended to an existing neighborhood, where an HOA already existed (with voluntary dues/contributions). We had a short list of convenants with basic architectural controls, and the developer held approval authority per those covenants. After the developer left, the existing HOA tried to assert that the new homes should fall under its architectural review process. But it was pointed out that no documentation from the developer gave the HOA that authority, and any "approval" they purported to have given was invalid under the terms of the covenants. The developer of the new section by then had no interest in being involved in anything with its former development, so the approval requirement basically fell into a state of limbo and the only effective enforcement (if any) could only have been by other property owners.
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