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I live in an older neighborhood with no Homeowner's Association. However, some community members have created a neighborhood association with the City of Raleigh. These community members believe that they have a right to determine who can and cannot use the name of the neighborhood when any neighbor hosts a community event on their private property, creates a newsletter at their own expense, etc. For the events, the City of Raleigh provides some equipment and supplies and requires the host to sign an equipment agreement. The City is not involved with the newsletter at all. This particular neighborhood association is strictly a volunteer group, has no other designation (501c3, LLC, etc.) It has no legal authority.
So, am I missing something here? Is there some statute, law, ordinance, whatever - that I am not aware of that gives this kind of neighborhood association the authority to claim rights to the use of a neighborhood name?
Nothing prevents them from doing so. There are no "rights" to a neighborhood name in the situation you're describing. I live in a neighborhood with a voluntary association, and it even calls itself "___ Homeowners Association" although it's not a HOA in the sense that we use the term today. Of course, because it's voluntary, less than half of the residents pay dues.
The City encourages associations even when they're new and have a relatively small number of participating residents. If you want a say in what the association does, then join it. Otherwise, if they do things you don't like, your only recourse is to undermine their credibility in the eyes of the City.
Nothing prevents them from doing so. There are no "rights" to a neighborhood name in the situation you're describing. I live in a neighborhood with a voluntary association, and it even calls itself "___ Homeowners Association" although it's not a HOA in the sense that we use the term today. Of course, because it's voluntary, less than half of the residents pay dues.
The City encourages associations even when they're new and have a relatively small number of participating residents. If you want a say in what the association does, then join it. Otherwise, if they do things you don't like, your only recourse is to undermine their credibility in the eyes of the City.
Nothing's stopping them from forming the association, but I can't see how they have any ability to stop others from using the generic name of the neighborhood either.
OP, why not call whoever at the city is administering the program and ask them about it?
Yes, I will call the relevant City department and ask, but when I have asked similar questions in the past, they have taken a 'hands-off' position, stating that it is up to your neighborhood to make those decisions; we don't get involved in neighborhood disputes, etc. What I have found is that many people confuse HOAs with neighborhood associations. It is my understanding that if a person is not bound by the rules of a neighborhood organization at the time when they purchase their home, then they are only required to follow rules, ordinances, laws, etc. of city, county and state enforcement agencies.
I live in an older neighborhood with no Homeowner's Association. However, some community members have created a neighborhood association with the City of Raleigh. These community members believe that they have a right to determine who can and cannot use the name of the neighborhood when any neighbor hosts a community event on their private property, creates a newsletter at their own expense, etc. For the events, the City of Raleigh provides some equipment and supplies and requires the host to sign an equipment agreement. The City is not involved with the newsletter at all. This particular neighborhood association is strictly a volunteer group, has no other designation (501c3, LLC, etc.) It has no legal authority.
So, am I missing something here? Is there some statute, law, ordinance, whatever - that I am not aware of that gives this kind of neighborhood association the authority to claim rights to the use of a neighborhood name?
I would politely tell them to pound sand if they told you you couldn't "use" their neighborhood name, unless they had some sort of copyright on it, which I doubt.
Nothing prevents them from doing so. There are no "rights" to a neighborhood name in the situation you're describing. I live in a neighborhood with a voluntary association, and it even calls itself "___ Homeowners Association" although it's not a HOA in the sense that we use the term today. Of course, because it's voluntary, less than half of the residents pay dues.
The City encourages associations even when they're new and have a relatively small number of participating residents. If you want a say in what the association does, then join it. Otherwise, if they do things you don't like, your only recourse is to undermine their credibility in the eyes of the City.
I think you mis-read the OP's problem, which is that this association is preventing him and others from using the neighborhood name on any documents/advertising.
Personally, if I wanted to use the name, I would go ahead and do it - they'd have to hire an attorney to stop you and I doubt they will do that. It's up to them to prove you agreed to their rules or that they have authority over you.
honestly, you'd have to tell me the neighborhood in question, and what their issue is.
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