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99% of cases like yours (well, we're only getting 1 side of the story here) can be avoided if people dealt in a civil manner w/their HOA. (Like we've seen in previous threads on c/d.)
See if your facts are sufficiently similar to the homeowners in that case and contact the attorney that handled the Armstrong case. See: Anatomy of a Lawsuit
This is totally irrelevant to what I posted. From the documentation on this site, these people had agreed, via deed restrictions to a HOA. Whether the HOA they agreed to was acting legally is a separate issue.
I will repeat. If someone owns a home that is not in a deed restricted HOA then they can't be forced to join one after the fact. This is NC law. If you do live in a deed restricted plot and didn't realize it, then woe is to you for not reading the documentation before agreeing to close on the property. When you buy property, you agree to all restrictions and easements that are in the deed.
WOW..great responses.. Thank You!! to answer some questions and for digging purposes..Gardendale Ct. in Charlotte, 28269.
We contacted 4 lawyers who unanimously agree that the amendment is worthless. Their reasoning is that the EASEMENT was created several years after the CC&R. No mention of the Monuments in the front are mentioned specifically in the CC&R. There is a clause in the CC&R that mentions "transfer of obligation " but no reference was made as to what that might be or WHEN. Contractual law does not allow this obligation in the future. Despite what we told the two HOA presidents as to the residents having a RIGHT but not an obligation to the front..they continue to charge HOA fees and increase the rates the last two years AND now saying they want $400 from each lot to REPLACE the monuments! That is in addition to the escalating demanded dues. NO definitions as to assessments are listed in the EASEMENT. When I have asked to go mow the front to satisfy my contribution they deny it saying it is a "liability" issue. They hire professional designers and lawn workers for the whole area. The original front lot owner to the left of the entrance refused to pay the entire time because she pays the taxes on that entrance. So no clear assessments have been agreed upon.
What we don't understand is how a lawyer could do this amendment since all our lawyers say otherwise.
And to the point..yantosh22
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Something doesn't sound right about this. If the HOA is not in your deed, i.e. A deed restricted HOA, then they have no legal authority over you at all. NC does not allow retroactive HOAs that are involuntary.
ONe lawyer said the cheapest way to fight them was to do a Declaration of Judgment against the amendment.
What I've been trying to do is collect all the information possible so when we fight this we will win!
Since the language of the CC&R is for the Developer moreso than the owners for certain AND the Developer is no longer has a vested interest in the properties..I would think the CC&R can not be amended but only terminated. The original homeowners could have formed an HOA but chose not to.
I am NOT apposed to HOA's in general so long as they are CLEAR and REASONABLE and not restrictive of some back rights. IN addition, the leadership of a HOA needs to be non partial and reflect concerns and interests of all parties. Not so with ours. This CC&R only has a few items I would not enforce.
The real question is : Are we obligated to the front or is it voluntary? Clearly the NC Supreme Court
Ruling is in our favor "Armstrong No. 640PA05" LOVE it!! and shouldn't the work be done to define what our TRUE assessments should be??
I can help point you in the right direction but usually when I offer I find some major detail was left out and end up wasting my time.
You can post here or in DM the name of the corporation in question or an address inside the neighborhood and I can do some digging.
What you described has happened elsewhere and residents fought and won.
Thank you GCharlotte and IC-Delight for your wonderful comments!! The last lawyer we have talked to..# 5..said to check the Title Insurance Section B -2 and it says Covenants and restrictions, easements, and goes into detail about the easements...City, Duke easements..NO FRONT entrance easement and doesn't say HOA..so does this mean we do not have a deed restricted HOA? I would think so. Just not sure what is a deed restricted HOA and how to determine if you are one!
WE are all stumped as to how they could do what they have done!!
I came to this neighborhood because it DIDN't have an HOA and was least restrictive! I've patiently tried to deal with this "bully" element but they won't listen to reason! OUr neighborhood is surrounded by HOA neighborhoods..I am sure he sold it based on NO HOA. Others have said as much too!
It seems to me that the effort was deliberate to MAKE people pay regardless of whether or not it is mandatory since it is CHEAPER to cave in than to fight them. SAD!! But I will never be part of their HOA..I talked to a front lot owner that didn't sign for the HOA and asked if he would take over the front lot management and he said he would..So I want to do that.
Even though we have no obligation to the front, I still want to help contribute. I just can't pay for these demanded HOA dues. I don't believe in it! and YES..they are trying to put a lien on our house now BUT even weirder?? the names and deed number are WRONG but address is correct on their lien proposal. Another fight!!
I am in the same type situation as you. The developer in our subdivision did not form a HOA prior to the first lot being conyeyed as required by the NC planned Community Act. The subdivision was developed in 2003. In 2009, he hires an attorney and his attorney says "OPPS" he didn't comply with the law but we are going to incorporate a HOA and you "We the People" will be required to be a part of this HOA regardless of whether you want to or not.
I have a great deal of respect for anyone that is willing to stand up for their rights as a Homeowner to protest unfair practices by developers and HOAs. Homeowners all over the country are banning together so you are not alone.
Homeowners rally to protest unfair HOA practices - KTNV ABC,Channel 13,Las Vegas,Nevada,News,Weather,Sports,Entertainment,KTN V.com,Action News .:. (http://www.ktnv.com/story/13964662/homeowners-rally-to-protest-unfair-hoa-practices - broken link)
....Just not sure what is a deed restricted HOA and how to determine if you are one!...!
Look at a copy of your deed. If you are subject to a HOA it will be stated in the deed. All easements will be there as well. When you purchased the property, your agreed to these terms in the deed. This is the legal connection between your property and the HOA. If it is not in there, then they can't come and force you into one.
Note: I used the term deed loosely here. In NC, it's more likely you have a warranty deed and that deed will cite a map book and page at the county records office where your property is described. You will have to consult that map book to see the specifics of your property. Normally a copy will be provided at closing and you should have it in your closing papers.
I am in the same type situation as you. The developer in our subdivision did not form a HOA prior to the first lot being conyeyed as required by the NC planned Community Act. The subdivision was developed in 2003. In 2009, he hires an attorney and his attorney says "OPPS" he didn't comply with the law but we are going to incorporate a HOA and you "We the People" will be required to be a part of this HOA regardless of whether you want to or not.
I have a great deal of respect for anyone that is willing to stand up for their rights as a Homeowner to protest unfair practices by developers and HOAs. Homeowners all over the country are banning together so you are not alone.
Homeowners rally to protest unfair HOA practices - KTNV ABC,Channel 13,Las Vegas,Nevada,News,Weather,Sports,Entertainment,KTN V.com,Action News .:. (http://www.ktnv.com/story/13964662/homeowners-rally-to-protest-unfair-hoa-practices - broken link)
Thank you!! We were once a happy community helping each other but now police are called to break up fights between Homeowners and renters..Renters are lower than low to these HOA folks. They won't let any renters park on the street in front of there homes at any time..and my mailbox doesn't make the new or old HOA president HaPpy! All the mailboxes matched before we changed ours to a wide mouth black rubbermaid on a wooden pole instead of metal small box..Nothing is listed in the CC&R amount matching our mailboxes. The list of fights is endless..
Look at a copy of your deed. If you are subject to a HOA it will be stated in the deed. All easements will be there as well. When you purchased the property, your agreed to these terms in the deed. This is the legal connection between your property and the HOA. If it is not in there, then they can't come and force you into one.
Note: I used the term deed loosely here. In NC, it's more likely you have a warranty deed and that deed will cite a map book and page at the county records office where your property is described. You will have to consult that map book to see the specifics of your property. Normally a copy will be provided at closing and you should have it in your closing papers.
Then we are DEFINATELY not a member of their HOA! and the prior owners stated NO HOA as well! The prior President of the alleged HOA was told by us she wasn't an official HOA and to stop demanding HOA dues and we would then give our contributions. She could be sued for back dues using that guise! So she turned it over to the new HOA person and tried to tie us all in as a HOA based on 18 out of 34 residents.
They don't seem to get it. To form a HOA..the law says 90% of homeowners must sign up to form an HOA.
We found the Armstrong Supreme Court Ruling 3 years ago and knew we were in the right..But we have to fight to show we are and it is going to cost us a boat load of money. URGH!! It cost them only $300..eek!
99% of cases like yours (well, we're only getting 1 side of the story here) can be avoided if people dealt in a civil manner w/their HOA. (Like we've seen in previous threads on c/d.)
You are no different...
Since the management company and lawfirm are big in Charlotte I have to dispute this. It's all up to competency and that doesn't exist in droves.
And I refuse to believe that filing a foreclosure on a property THAT'S ALREADY IN FORECLOSURE makes any sense whatsoever so everytime a SHADOW company is setup to do this it falls way outside of your 1%.
When I called the management company (this is on tape) and asked what my setback was they told me to call the city. Now, they fined me $2000 for a setback violation and threatened to take my house away and they didn't even know what the setback was (it's the start of your house) IT IS NOT THE START OF THE HOUSE.
So, you actually may be right. Civil manner would work but the HOA management company doesn't know what that word is and it takes two to tango.
Also, I haven't been to one HOA meeting that is held in compliance with them meeting standards of the state even though the management company manager was there. I doubt the law is followed properly in this respect wide-stream because they don't follow the law that much anyways.
This is totally irrelevant to what I posted. From the documentation on this site, these people had agreed, via deed restrictions to a HOA. Whether the HOA they agreed to was acting legally is a separate issue.
I will repeat. If someone owns a home that is not in a deed restricted HOA then they can't be forced to join one after the fact. This is NC law. If you do live in a deed restricted plot and didn't realize it, then woe is to you for not reading the documentation before agreeing to close on the property. When you buy property, you agree to all restrictions and easements that are in the deed.
I don't agree. The only reason I didn't mention the Armstrong case was to not scare the OP as far as the money that was spent fighting it.
Relevance has to be determined by the OP and I think the Armstrong case is important here.
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Hoa
