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How can they do this when the property description is actually in the map books at the county records. it's not in the deed.
The developer filed the restrictions to run with the land. Nothing wrong with that. But coming back 15 years later with these other tactics. . . That's another issue.
Our HOA was able to get some fines put in retroactively without any consent at all from the homeowners because their lawfirm is the same that wrote most of 47F. But at least we have a law screwing us and not some random lot owners.
OK let's look at this fresh. First, as far as I can tell everything you say is accurate.
It looks like the restrictions can be modified with a simple majority BUT within the first 20 years the developer also has to sign on. So they may be too early.
Next, the incorporation documents state that the corporation has no members. This might invalidate the entire thing. All the homeowners are members and have voting rights. Attempting to form an HOA with no members is probably illegal.
OK let's look at this fresh. First, as far as I can tell everything you say is accurate.
It looks like the restrictions can be modified with a simple majority BUT within the first 20 years the developer also has to sign on. So they may be too early.
Next, the incorporation documents state that the corporation has no members. This might invalidate the entire thing. All the homeowners are members and have voting rights. Attempting to form an HOA with no members is probably illegal.
Have annual meetings been held? If not then the whole thing is probably invalid.
You can't pretend to be an HOA for the sake of fining other people to get your jollies. You have to do the other stuff too.
I noticed that too GC!! The Non Profit Organization does checkmark the no members . Why is that? I have no idea if that is helpful or not! Thanks for being so detail oriented and observant!! Really helps!!
The developer filed the restrictions to run with the land. Nothing wrong with that. But coming back 15 years later with these other tactics. . . That's another issue.
Our HOA was able to get some fines put in retroactively without any consent at all from the homeowners because their lawfirm is the same that wrote most of 47F. But at least we have a law screwing us and not some random lot owners.
Chapter 47F only applies to neighborhoods that were created in 1999 or later. Thus a 15 year old neighborhood would not be covered by it. However, back to the OP's issue.
This entire story still doesn't add up. Either the deed to the property has the HOA rights in it or not. If not, then there isn't any way that a group can organize and force an HOA on you. It's would be an uncompensated seizure of your use of the property. The law doesn't allow for that. If so, then sorry, you should have realized what you were closing on. It then is an issue on whether the HOA is breaking the law or not.
Chapter 47F only applies to neighborhoods that were created in 1999 or later. Thus a 15 year old neighborhood would not be covered by it. However, back to the OP's issue.
This entire story still doesn't add up. Either the deed to the property has the HOA rights in it or not. If not, then there isn't any way that a group can organize and force an HOA on you. It's would be an uncompensated seizure of your use of the property. The law doesn't allow for that. If so, then sorry, you should have realized what you were closing on. It then is an issue on whether the HOA is breaking the law or not.
This is what we don't understand. Since we clearly didn't have an HOA established AND the Developer did not establish one in his CC&R how can they assume that we are all a HOA . We are not listed as a deed restricted HOA.
Chapter 47F only qualifies if we meet the qualifications for the NC Planned Community Act. If you are a neighborhood before or after 1999 and you have property taxes, common area stuff then you can adopt this 47F. We don't qualify!!! That is clearly stated in Armstrong case. We will win on that issue! But the issue of using the signatures for the amendment is what they are using to incorporate..Scratch my head on that!! and they are saying they are now a legal HOA because they have 18 votes...doesn't mean they really are.
What needs to be understood here is that you can create legal looking instruments that don't stand up to what the law allows and file it. Clerks don't have lawyers on duty to scrutinize each document for legality. The lawyer did the work. Doesn't mean that lawyer did a good job staying within the legal limits of the law. It is now left to CHALLENGE..and how many want to bare the expense to do that??? When it's far cheaper to cave in and suffer the whims of your HOA leadership. Now you are limited in your home freedoms.
So I'm going to battle this at great expense to myself. I'm trying to get all my ducks in a row so I'm ready for how they may try to fight back!
This is what we don't understand. Since we clearly didn't have an HOA established AND the Developer did not establish one in his CC&R how can they assume that we are all a HOA . We are not listed as a deed restricted HOA. ....
I ask that you re-read what I posted again because you don't seem to be getting it. Is there something in your deed that yields some sort of authority to a HOA? If there is, then you may or may not have a case depending upon what is in it.
I ask that you re-read what I posted again because you don't seem to be getting it. Is there something in your deed that yields some sort of authority to a HOA? If there is, then you may or may not have a case depending upon what is in it.
I ask that you re-read what I posted again because you don't seem to be getting it. Is there something in your deed that yields some sort of authority to a HOA? If there is, then you may or may not have a case depending upon what is in it.
No..but just remembered something the prior GardenClub said when I asked this very question years ago as they formed it..she said" 1/34" meaning in the easement in the front..they regarded the 1/34 as rights to an HOA. I kid you not!! Since it says 1/34 will have the right and obligation to maintain and repair the front. That is just a statement. Says nothing about having to be an HOA to do it! Go figure!!
Chapter 47F only applies to neighborhoods that were created in 1999 or later. Thus a 15 year old neighborhood would not be covered by it. However, back to the OP's issue.
This entire story still doesn't add up. Either the deed to the property has the HOA rights in it or not. If not, then there isn't any way that a group can organize and force an HOA on you. It's would be an uncompensated seizure of your use of the property. The law doesn't allow for that. If so, then sorry, you should have realized what you were closing on. It then is an issue on whether the HOA is breaking the law or not.
It is correct that it applies to neighborhoods formed after 1999 but it also applies to those formed before 1999. Why are you saying otherwise?
I have gone into great detail on how the law is retroactive and you haven't directly challenged my facts.
It is most dangerous to give out inaccurate statements on this law if someone follows them.
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