lawyer in marion nc who handles home owner association problems

by Antoinette Powlowski 7 min read

How do I fight an HOA in NC?

Call (919) 431-3030 or toll-free at (866) 324-7474 to file a complaint.

Who governs HOAS in North Carolina?

the North Carolina Planned Community ActSubdivisions with homeowners' associations established after Jan. 1, 1999, are governed by the North Carolina Planned Community Act found in Chapter 47F of the North Carolina General Statutes. However, no state or federal agency oversees homeowners' associations.

How do I dissolve an HOA in NC?

For example, in North Carolina, an HOA dissolution requires 80% of the membership as set by the state's General Assembly if the association was formed after 1999, but if it was chartered before that year, only 67% of homeowners are required to pass the termination vote.

Do HOA bylaws have to be recorded in North Carolina?

We were recently asked whether bylaws amendments should be filed with the local Register of Deeds. The answer, like many things community association related, depends. Condo bylaws in North Carolina are almost always filed with the Register of Deeds, but not HOA bylaws.

What is a homeowners association designed to protect?

An HOA, meaning Homeowners Association, strives to protect and improve property values for those living in the community. They do this by enforcing restrictions on what homeowners can and cannot do and guaranteeing the maintenance and upkeep of common areas.

How do I get around HOA rules?

Here are six ways to effectively fight with your homeowners, co-op or condo association:Know the rules. You should have read all the government documents, including the rules and regulations, before you closed on your purchase. ... Respond in writing. ... Don't argue the rule. ... Know the penalties.

Can a homeowners association foreclose on your home in North Carolina?

HOA and COA Lien Foreclosures in North Carolina In North Carolina, an HOA or COA may foreclose a claim of lien in the same manner as a mortgage or deed of trust under a power of sale. The assessment must remain unpaid for 90 days or more before a foreclosure can start.

Does HOA have to disclose who filed complaint?

Do I have a right to know the names of the people who lodged the complaints? A: You can ask, but they are not required to tell you. Some HOAs will take anonymous complaints. When they can prove what the complainant is alleging (example: The grass is too high.), it's not an issue.

Does NC require HOA audits?

HOA or condo associations with annual revenues or expenditures or total accounts balances of $150,000 or more would be required to have an annual independent financial audit conducted by a Certified Public Accountant (CPA).

What to do if HOA does not respond?

If your HOA is unresponsive to written communication, the first thing you want to do is take every action to contact the directors by phone. If you get no answers, find out if they are holding a meeting and attend it. If they still don't address your concern, you might need to seek legal advice.

Who enforces deed restrictions when there is no HOA?

In most cases, homeowners associations (HOAs) are the principal enforcers of deed restrictions. However, when there is no HOA, a deed restriction might be enforced by a branch of your local government.

Are HOA fines enforceable?

An HOA can't force a homeowner to sell their home for not following the HOA rules. However, it can enforce the rules and initiate reasonable fines for violations.