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This is what my HOA always references: Chapter 47F
My HOA board always operated under the motto "what if someone protests our decision and sues us?" They were big babies, to the point of them being totally ineffective. But at least they mostly leave us alone. If I were in the OP's position and merely mentioned that I was vaguely familiar about the NC law about solar collectors, I have no doubt they would backdown immediately. Their pockets aren't deep enough for a lawsuit.
But it doesnt matter if someone wants to paint their home neon orange, or is a little lax about mowing and has a car in the front yard. It's not YOUR home, and you shouldn't be allowed to dictate what someone does on property that they own
Ok, clearly we disagree but if I showed you a photo of the house I mentioned, trust me, I only described 10% of the issues with it...2ft grass, more like weeds, etc. you wouldn't want to live next to it or have to look at it everytime you sat on your porch. As for the orange house, It didn't bother me, I used this as an example of what an HOA generally won't allow. While I don't want to run the risk of my biggest investment becoming a loss, I also don't want to live near people who don't take ownership seriously. I choose not to live near a slum house. While HOA's are not perfect, generally you have recourse as long as you understand your rights. If you take care of your home and follow the rules you agreed to by buying there, then you have nothing to worry about.
As a former Realtor, here's what I was taught in Real Estate School. It could be wrong now as times have changed. So my very best suggestion is to seek a competent attorney who is experienced in HOA law.
OK, so, you have a HOA. It says it doesn't like what you are doing. It sounds to me like you put up solar panels a while back. Could the HOA and your other neighbors see them? Did anyone oppose this when you installed them previously? Are you putting the new solar panels in the same location as the old ones?
If your neighbors and HOA did not say anything about the solar panels when you initially installed them and they could see them, then it's to bad so sad for the HOA. If you installed them in a location where could not be seen and then you installed the new solar panels in a location where they are seen and the HOA told you take them down immediately upon installing then, then HOA could - i repeat COULD - have a case.
But if you do something against the HOA rules in plain sight of the HOA and your neighbors and no one complains at the time you are doing it, once it is done, it's too late for the HOA to make demands. They had time to state their concerns and they did not.
Again, this is NOT legal advise. It is what I was taught years ago in real estate school. It could have changed. Talk to an experienced attorney.
GOOD LUCK!
Yep, this is what I was getting at with my comment about response from architectural cmte.
Ok, clearly we disagree but if I showed you a photo of the house I mentioned, trust me, I only described 10% of the issues with it...2ft grass, more like weeds, etc. you wouldn't want to live next to it or have to look at it everytime you sat on your porch. As for the orange house, It didn't bother me, I used this as an example of what an HOA generally won't allow. While I don't want to run the risk of my biggest investment becoming a loss, I also don't want to live near people who don't take ownership seriously. I choose not to live near a slum house. While HOA's are not perfect, generally you have recourse as long as you understand your rights. If you take care of your home and follow the rules you agreed to by buying there, then you have nothing to worry about.
that's fine. I understand on your side that you want people to treat their homes with the same care that you give your own, but on my side, while there is nothing wrong with bringing up the concerns to the neighbor, in hopes they "get it," it's something completely different to force them to do something that you want when it's not your property to dictate. That's where I think it crosses the line
that's fine. I understand on your side that you want people to treat their homes with the same care that you give your own, but on my side, while there is nothing wrong with bringing up the concerns to the neighbor, in hopes they "get it," it's something completely different to force them to do something that you want when it's not your property to dictate. That's where I think it crosses the line
Let me start out by saying I don't disagree entirely, and in the case of the OP I hope the HOA backs down, but I do have a nice illustration of the opposite perspective about 10 houses down from me.
There's a house for sale. It's been on the market at least a year. It's a nice house. Next door, however, there lives at least 1 guy that I've seen, and possibly his girlfriend. They do NOTHING until the HOA threatens them. The grass gets 3 to 4 feet long, the don't treat for weeds, don't change the mulch. they don't pick up the newspaper - it's gross. They clearly don't get it. In this case it may not be my property, but I think it could be argued that it is causing direct, measurable damage to the value of the next door property. It pains me to say it, but I wish the HOA would go further in this case than they already do.
Let me start out by saying I don't disagree entirely, and in the case of the OP I hope the HOA backs down, but I do have a nice illustration of the opposite perspective about 10 houses down from me.
There's a house for sale. It's been on the market at least a year. It's a nice house. Next door, however, there lives at least 1 guy that I've seen, and possibly his girlfriend. They do NOTHING until the HOA threatens them. The grass gets 3 to 4 feet long, the don't treat for weeds, don't change the mulch. they don't pick up the newspaper - it's gross. They clearly don't get it. In this case it may not be my property, but I think it could be argued that it is causing direct, measurable damage to the value of the next door property. It pains me to say it, but I wish the HOA would go further in this case than they already do.
You are absolutely correct. A few neighbors like that and your property values WILL go down. I can't tell you how many times I take buyers into a neighborhood that they like and we get to the street with the house we came to look at and they see that the neighbors aren't keeping up with the yard or the home maintenance (people...power wash that green stuff off your house!) and they don't even want to go inside the house!
This is why I live in a n'hood with a HOA and I always will!
I don't have statistics but I'd say 9 out of 10 buyers that I show homes to, want an HOA because they understand that it protects their home values.
It's not YOUR home, and you shouldn't be allowed to dictate what someone does on property that they own
Um, UNLESS you (and all your neighbors) CHOOSE a neighborhood with certain rules and regulations that all homes must adhere to. Those who disagree should not buy in an HOA. Those who agree should buy in an HOA. Those who disagree but buy into an HOA anyway and then whine about it later... well, let's just say I have very little sympathy.
That being said, not everything is black and white and being in the HOA biz, I often help people out if their HOA is in the wrong (i.e. like if an HOA is saying satellite dishes are not allowed- the management company should have advised that board that a federal law overrode that section of the covenants. No excuse there and I help people fight that fight pretty frequently.)
Well, since HOAs are mandated by state law it is not a case of nosy people setting them up. To buy new in a subdivision you have no choice.
Quote:
Someone had posted a link to it a few days ago, it basically states any neighborhoods created after 1999 have to have an HOA attached to it
That law that references 1999 is 47F the "Planned Communities Act". It only requires an HOA if there is common property. 47F‑1‑103(23)"Planned community means real estate with respect to which any person, by virtue of that person's ownership of a lot, is expressly obligated by a declaration to pay real property taxes, insurance premiums, or other expenses to maintain, improve, or benefit other lots or other real estate described in the declaration". There is no mention of stormwater in there. Chapter 47F
I have seen asserted over and over that NC State law requires an HOA because it requires stormwater facilities. I am looking for this law and have not yet found a link to it, just continued assertions that it exists. I would like to see exactly what it says.
You are absolutely correct. A few neighbors like that and your property values WILL go down. I can't tell you how many times I take buyers into a neighborhood that they like and we get to the street with the house we came to look at and they see that the neighbors aren't keeping up with the yard or the home maintenance (people...power wash that green stuff off your house!) and they don't even want to go inside the house!
This is why I live in a n'hood with a HOA and I always will!
I don't have statistics but I'd say 9 out of 10 buyers that I show homes to, want an HOA because they understand that it protects their home values.
Vicki
I respectfully doubt your analysis of whether people want to be in HOA. I was actually in the market for a time to get a place a few years back, it was then I learned about HOA's. I knew nothing about them before.
When I got the concept down I found it horrifying. You PAY people to tell you what you can and cannot do with your own property? The very idea is completely surreal to me, and it makes no sense. And wait it gets better - if you don't do what the HOA tells you to do they can seize your house! I really couldn't believe it. It was then and there I decided I would not purchase a property in a HOA, nor would I ever.
I did my own little poll at work last year, asking a very professional group of people whether they lived in a HOA and whether they were happy with it. The majority said they were unhappy being in one, a few mentioned they were surprised and angered when they got notices about something they did to their property, one guy had to tear down a fence he had built since he didn't get the anointed approval. Another lady got harassed for having a garden.
Now don't get me wrong. I am perfectly OK with a bunch of busy-bodies having their own little place where they can constantly watch and control each others properties. It makes perfect sense. If they can live in a HOA and be happy with that, then I am happy, because now they don't have to live by me and I don't have to listen to them complain about my property (or my cars), the color of my house or whatever bothers them that day. It's a great deal for everyone. But it is unfortunate that too many people have bought into these HOA and are now stuck in them in a collapsing real estate market where they can't sell and get out of them. People need to be very careful and understand completely what they are getting into when they buy property.
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