A state Court of Appeals panel ruled Tuesday that a local retirement community can continue collecting membership and monthly overhead fees while fighting a multimillion-dollar lawsuit. At issue are membership fees that Cedars of Chapel Hill residents pay when they buy a condominium – equal to 10 percent of the gross purchase price. Residents also […]
NC Community Association Legislative Roundup – May 14, 2015
Thursday, April 30, 2015 was the all-important “crossover deadline” in the North Carolina General Assembly. Without getting too much into the weeds, bills that are “non-budget” must generally have passed one chamber or the other by the crossover deadline to be eligible for consideration during the 2015/2016 session (although House and Senate rules are slightly […]
Can HOA enforce ‘single family’ rules
Q: I am a new member of my homeowners’ association (HOA) board. According to our community’s restrictive covenants, homes are restricted to “single family use.” Recently an investor purchased a home, remodeled it and rented it out. Now seven people are living in this home. Does the HOA have any legal option for enforcing our […]
North Carolina Community Association Legislative Roundup
April 14 at 5 pm was the deadline for filing legislative proposals for this session other than appropriations or finance bills. Since most all bills that could impact North Carolina homeowner or condominium associations have now been filed, let’s take a look at them. Read the article………….
After foreclosure, who pays past HOA dues?
Q: At what point after a mortgage foreclosure does a bank become responsible for the payment of delinquent HOA dues? We have a home in our development where the bank has foreclosed, the previous owners have moved out, and there is a “for sale” sign on the property. The previous owners were billed in January […]
Police say naked man standing in doorway is not breaking law, neighbors fed up
Residents in a Charlotte neighborhood say they are fed up with a neighbor they say stands at the front door of his home naked, but police say he’s not doing anything illegal. People in the Cardinal Glen neighborhood in north Charlotte say the man has been doing this for nearly ten years and on Friday, […]
Year later: Community nearly done with repairs (NC)
In Atlantic Beach, where the tornado first touched down, all but the worst damaged areas have been repaired. The tornado hit Island Beach and Racquet Club condominium and Ocean Sands Condominium especially hard; two condo buildings, three units in a third and the clubhouse at Island Beach were all condemned until repaired or replaced. Read […]
What is best way to adopt a new set of covenants?
Q: Can my HOA completely replace its current covenants with an entirely new set containing dozens of changes and new restrictions, with a single yes or no vote by each member, or must each separate change to the language of the existing covenants be voted on separately? Read more………
Do homeowners need to pay for HOA records?
Q: I recently requested records from my condominium’s property management company. They told me that they only have records for the past two years that they can email to me at no cost, and that the prior six years’ worth of records are in a storage unit. In order to inspect them, I would need […]
A Radio Tower in Every Yard?
Most often the Declaration of Covenants, Conditions and Restrictions (also known as the “CCR’s,” “Declaration of Condominium,” “Restrictions,” or by other names) is the highest governing document within an association. Typically, the terms of this document cannot be waived without express authority. After all, the Declaration is a binding contract among the members of the […]
Battle over Figure Eight Island (NC) terminal groin rages on
The battle continues to brew over building a terminal groin on Figure Eight Island. The homeowners association said building the groin, a long rocky wall along the beach intended to prevent erosion, is needed, but environmentalists said it would destroy Rich Inlet. Read more………
Heritage House Condos, Greensboro, NC
One of the negatives to linking to news stories, is that those stories are most often, just one side of an issue. Rarely do you get comments from the association, as it takes them too long to meet and decide on a response. By then, it’s “old news” and no longer on the active pages. […]
Can HOA board members profit from insider deals? How do we deal with secretive HOA boards?
The president of our homeowners’ association tells us it’s illegal to disclose names of HOA owners who are delinquent in payment of assessments. Is this correct? He and others have profited from their knowledge of delinquencies by buying lots for low prices without notice to other HOA members who might buy them. Read more……..
Man charged with breaking into foreclosed Wake Forest (NC) home he bought
A Raleigh man said he plans to sue the Wake Forest Police Department after officers arrested him last month and charged him with trying to break into a house he had just purchased. Read more…….
Colington (NC) board to mediate latest backyard chicken dispute
If Foghorn Leghorn were to visit the Outer Banks, he might say something like this: “Some folks, I say, some folks down here have something against us chickens!” Read more…….