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I'm guessing she might have meant "fiduciary" duties. It'll be difficult for her to move (e.g. sell her home) as long as her neighbor is creating the violations she described.
Maddie2007: You are in a difficult position. The best I can suggest is to try to round up support by getting as many of your other neighbors as possible to band together to put more pressure on your HOA board. Would that be possible?
Fiduciary duty relates mainly to a person's assets such as in a Trust or a banking relationship. It is the highest legal duty that a person can entrust to another party to manage their money/assets. That in itself is a legal question, I highly doubt that HOA fees paid are 'assets' entrusted to an HOA which, in NC, is a non-profit corporation.
If she moves and loses money, at that point she may have recourse through the courts for alienation of property rights by the HOA, due to the HOA's non-action resulting in interference with the sale of her property.
I own a rental in a HOA community.
Property value went down by approx 75 percent in 1 year. The neighbor decided to put up a makeshift fence to hold 4 horses on about 1 acre. The rules state 1 horse per 1.5 acres and must be in back of house.i.e. not in front yard.
Besides the awful sight ( i own horse...2 on 11 acres) the smell is horrible. Hundreds of birds at a time surrounding the feces. Flies are everywhere. ...HOA say there isnt much they can do.
I own a rental in a HOA community.
Property value went down by approx 75 percent in 1 year. The neighbor decided to put up a makeshift fence to hold 4 horses on about 1 acre. The rules state 1 horse per 1.5 acres and must be in back of house.i.e. not in front yard.
Besides the awful sight ( i own horse...2 on 11 acres) the smell is horrible. Hundreds of birds at a time surrounding the feces. Flies are everywhere. ...HOA say there isnt much they can do.
GotHereQuickASICould, I don't know. But along those lines, I do know there are courts that won't take them seriously. I know there are some law enforcement people that say if there's a problem outside your home you have to go with them to confront the people causing the problem because it's private property....say some drunks in the woods, poachers with guns, etc.
I also know muni employees are very glad to have people supposedly happily contained in the HOAs with lots of amenities to keep them happy and busy and quiet and sometimes taking care of roads and sometimes even security work. And paying for those amenities plus still paying for the same muni things non hoa people pay for.
I've tried several online searches and found why HOAs typically get sued, but not how many are involved in litigation at any one time.
"We do a lot of recalls and a lot of election disputes," says Alessandra Stivelman, an associate attorney who specializes in community association law at Eisinger Brown Lewis Frankel & Chaiet in Hollywood, Fla. "Those are really time-consuming, and associations hate them. In addition, a lot of issues we deal with when associations get sued are for failure to keep up with the common elements and failure to comply with a records request or inspection."
Yes.
It probably stems from the fact that they spend all their time threatening, restricting, and making demands on their involuntary members. They sue often and they get sued often - the former more than the latter.
Yes.
It probably stems from the fact that they spend all their time threatening, restricting, and making demands on their involuntary members. They sue often and they get sued often - the former more than the latter.
I respectfully disagree that HOA members are involuntary. Anyone buying a home in a development with an existing HOA is making a conscious choice to do so. That is not an involuntary choice.
We have owned 3 homes governed by HOAs and, while not always agreeing with every decision, we've never experienced bullying, out of control, or totally unreasonable HOA boards. It's not totally foolproof, but there's usually enough information available that homebuyers can perform their due diligence and avoid many of the negative surprises regarding HOAs.
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