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Old 06-05-2009, 07:45 AM
 
9 posts, read 21,245 times
Reputation: 11

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We are a community of 51 homes in Swannanoa. Only one home remains to be sold. We have a Board appointed by the builder but he still maintains dictatorial control of the HOA. He has made promises of a complete turnover several times but has repeatedly failed to do so. The docs make no mention of when he is required to make this turnover. Is there any law or regulation in North Carolina and/or Buncombe County that addresses this issue?
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Old 06-05-2009, 09:03 AM
 
Location: Winston-Salem
4,218 posts, read 8,525,465 times
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Wouldn't that generally be spelled out in the HOA Articles of Incorporation or By-Laws? We're in a 10-year-old HOA outside Banner Elk, and our developer couldn't wait to sell enough properties to get out from under the HOA responsibility... though he still owns properties and has votes in our HOA.

If he's operating in violation of your HOA charter, I guess you and your neighbors could take him to court, but that's a lot of time and money that could be used more productively. You might want to consult with a real estate attorney.
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Old 06-05-2009, 09:18 AM
 
16,294 posts, read 28,518,209 times
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When are people going to figure out that HOAs are often a haven for small minded people that really get off on having far too much control of their neighbors, and over such very trivial things.

HOAs are so counter to the freedoms and culture of this country, yet create interesting reading as people recount horror story after horror story about pin heads running these mini neighborhood draconian groups.
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Old 06-05-2009, 09:36 AM
 
9 posts, read 21,245 times
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Quote:
Originally Posted by Asheville Native View Post
When are people going to figure out that HOAs are often a haven for small minded people that really get off on having far too much control of their neighbors, and over such very trivial things.

HOAs are so counter to the freedoms and culture of this country, yet create interesting reading as people recount horror story after horror story about pin heads running these mini neighborhood draconian groups.
They are sure as hell great when you have a neighbor that parks his pickup truck on the lawn and washing machine on the front porch.
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Old 06-05-2009, 09:38 AM
 
9 posts, read 21,245 times
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Quote:
Originally Posted by roadpony View Post
Wouldn't that generally be spelled out in the HOA Articles of Incorporation or By-Laws? We're in a 10-year-old HOA outside Banner Elk, and our developer couldn't wait to sell enough properties to get out from under the HOA responsibility... though he still owns properties and has votes in our HOA.

If he's operating in violation of your HOA charter, I guess you and your neighbors could take him to court, but that's a lot of time and money that could be used more productively. You might want to consult with a real estate attorney.
Unfortunately, it's not spelled out in the charter. That's why I'm asking if there's North Carolina or Buncombe County laws regarding this problem. I know in Florida the builder has to cede his control after 80 percent of the houses are sold.
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Old 06-05-2009, 09:43 AM
 
16,294 posts, read 28,518,209 times
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Originally Posted by jlevine876 View Post
They are sure as hell great when you have a neighbor that parks his pickup truck on the lawn and washing machine on the front porch.
Ah yes, the evil pickup truck. Why is it never a Beemer or Lexus SUV parked in the yard, aside from stereotyping?
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Old 06-05-2009, 09:58 AM
 
9 posts, read 21,245 times
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Originally Posted by Asheville Native View Post
Ah yes, the evil pickup truck. Why is it never a Beemer or Lexus SUV parked in the yard, aside from stereotyping?
The level of education of your next door neighbor.
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Old 06-05-2009, 10:04 AM
 
16,294 posts, read 28,518,209 times
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Originally Posted by jlevine876 View Post
The level of education of your next door neighbor.
Oh really, stereotyping and bigotry, and both are incorrect.
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Old 06-05-2009, 10:22 AM
 
9 posts, read 21,245 times
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Originally Posted by Asheville Native View Post
Oh really, stereotyping and bigotry, and both are incorrect.
Just drive around and look at individual houses. Some nicely kept and some looking like a slum area. I'd hate to invest money in my house only to live next to pig. If calling a person a pig is 'stereotyping', then I'm a stereotypist. And where do you get 'bigotry'? The fact that I don't want to live next to a pig makes me a bigot?
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Old 06-05-2009, 11:19 AM
 
Location: Weaverville
765 posts, read 2,567,405 times
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Isn't it interesting that AN calls others bigots for stereotyping statements and then rants about outsiders and Floridians and homeless and and gays with their rainbows and unicorn farts. I agree with a statement made in another post--pot calling the kettle black
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