RlH (North Carolina)
Posts: 3
Posts: 3
Posted:
If you have no bylaws and no constitution and your covenants have not been enforced by the board what legal documents allow them to enforce anything other than being a voluteer HOA in North Carolina
A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
No Bylaws No constitution and no enforced covenants in NC
Started by RlH • 12 replies • 5350 views
💬 Join us to post & get advice from 50,000 HOA & Condo leaders.
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
The Covenants. They can be enforced by the Board or any member. It is not a volunteer HOA unless the Covenants do not require an assessment to be lievied against the property. Also, enforcement can be attempted by any HOA but most voluntary HOAs do not have the funds to go to court.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Get a copy of your CC&R's from the County Records office. They are public documents. Those go with the deed of your home. By-laws or consitutions are the rules the HOA goes by and typically not filed. (Depending on state laws). Some HOA's only have "ACC" rules. (Archectual Review Committee). They tell you what color to paint your house etc...
I am not sure what your asking with your posting. Are you wanting to make sure your in a volunteer HOA or a mandatory member? HOA's are volunteer to the point that the board is run by volunteers amongst the homeowners. They are NOT paid to be on the board. It may be MANDATORY you be a member of the HOA. If your a homeowner, that makes you a member. However, there are HOA's that are designed to be "volunteer Only" members. That means that the owner can volunteer to contribute and be a member of the HOA.
Either way, as a member of a HOA you are required to adhere to the rules and pay the dues/assessments regardless if you feel the rules are enforced or not. HOA's are NOT run by professionals. They are run by your neighbors. No one may feel the need to enforce rules. Hence, the rules aren't going to be enforced.
I am not sure what your asking with your posting. Are you wanting to make sure your in a volunteer HOA or a mandatory member? HOA's are volunteer to the point that the board is run by volunteers amongst the homeowners. They are NOT paid to be on the board. It may be MANDATORY you be a member of the HOA. If your a homeowner, that makes you a member. However, there are HOA's that are designed to be "volunteer Only" members. That means that the owner can volunteer to contribute and be a member of the HOA.
Either way, as a member of a HOA you are required to adhere to the rules and pay the dues/assessments regardless if you feel the rules are enforced or not. HOA's are NOT run by professionals. They are run by your neighbors. No one may feel the need to enforce rules. Hence, the rules aren't going to be enforced.
Former HOA President
RlH (North Carolina)
Posts: 3
Posts: 3
Posted:
I understand the covenants are what we have to go by but how can they enforce any action against a homeowner if it went to court if the covenants have and are broken all the time.It is common in HOAs that it is who you know and how well you get along with people on the board if you want to get something done without everyone getting in your business when you decide to do something to your own property.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
It's not common to go to court in a HOA. You sue your HOA your suing yourself and your neighbors. Your property may NOT be your property. You might share it amongst ALL the homeowners. Hence why it is called "common property". You may have "exclusive use" to that property but don't necessarily own it. You still have to go through an approval process to add things such as fences or structures. If you don't, or violate a rule, the HOA can have you remove it at your cost.
So I would ask your board what notice you need to give BEFORE doing work to your area. You also need to make sure how your HOA is set up. Is it considered common property around your home or is it owned individually? Big difference.
So I would ask your board what notice you need to give BEFORE doing work to your area. You also need to make sure how your HOA is set up. Is it considered common property around your home or is it owned individually? Big difference.
Former HOA President
BradP (Kansas)
Posts: 2,640
Posts: 2,640
Posted:
Just because they haven't enforced them in the past doesn't mean they can't enforce them now. The only exception to that might be a an architectural request that was not either responded to or if you have a structure that has been in place for over a year. People speed in cars all the time and don't get ticketed for it, that doesn't mean it is allowed and legal.
RlH (North Carolina)
Posts: 3
Posts: 3
Posted:
So in essence to what you are saying is there is no real rules, it is only a group of people who make up the rules as they go along.There has never been a real vote in of officers only people who selfappointed themselves because no body wants the position.The covenants are only enforced if you are a convencience to an acting board member.Covenants have been broken from the beginning and ammended and still broken even by the acting board itself and by the way the development was in existence for 7 yrs before any dicussion of an active association was brought up.Proxies have been falsified so individuals can move their agenda forward and I pay the property tax on my house and property and I have no rights as a homeowner because a few people want to have a say in everything that has nothing to do with them unless it is a benefit of their choosing. Your telling me that the system that they want everyone to abide by but yet when it is not convenient for them they bend the rules.And I as a homeowner in a court of law would not have a case if it came down to going in front of a judge.
DorothyH (Florida)
Posts: 23
Posts: 23
Posted:
Any Association is only as good as its members. All must take an active part in making sure
that it is run properly. Yes, you have covenants or restrictions but it is everyone's
resposibility of everyone to take part in the Association. Your Board are members just like you.
So it takes everyone whether obeying the rules or being an active part of the Board or
Officers, Committees, etc. to all work together to make the Association work. It is
hard work but if your home or property is of any importance to you you msut make it
work. DorothyH.
that it is run properly. Yes, you have covenants or restrictions but it is everyone's
resposibility of everyone to take part in the Association. Your Board are members just like you.
So it takes everyone whether obeying the rules or being an active part of the Board or
Officers, Committees, etc. to all work together to make the Association work. It is
hard work but if your home or property is of any importance to you you msut make it
work. DorothyH.
GloriaM (North Carolina)
Posts: 829
Posts: 829
Posted:
The NC Planned Community Act and the NC General Statutes Chapter 55A.
BillJ3 (North Carolina)
Posts: 4
Posts: 4
Posted:
I'm not sure of the best approach in this situation but I did notice that there will be a panel of experts available for a Q&A session at the HOA Board seminars being conducted in North Carolina (April & May) by HOA-NC.COM. I added a new message earlier with the details. You can also go to www.hoa-nc.com for more information. Maybe someone will ask that question to the panel.
Bill
Bill
HaroldS1 (Arizona)
Posts: 314
Posts: 314
Posted:
RIH - If your association is selectively enforcing their rules, and if you can well document this, yes you can sue. Some here try to discourage anyone from ever suing their HOA because you are suing yourself and your neighbors. That's BS. So the alternative is to just grin and pay your fines while others get away with the same infractions? Or they tell you to work by yourself to replace a very entrenched existing board? It wouldn't bother me one bit to sue my neighbors because they are in effect condoning the actions of the board by their very inaction. If it takes a lawsuit to wake them up then so be it.
Arizona has a law that allows a homeowner to file a complaint against their HOA for not following their CC&Rs or state statues. If well documented you can win and the HOA will have to pay your filing fee and they could also be assessed a fine. If they lose, of course those expenses as well as their attorney's fee will have to be absorbed by the members. Maybe if that happens often enough the members will wake up and install a board that will obey not only state laws but will actually follow their own rules unselectively. Harold
Arizona has a law that allows a homeowner to file a complaint against their HOA for not following their CC&Rs or state statues. If well documented you can win and the HOA will have to pay your filing fee and they could also be assessed a fine. If they lose, of course those expenses as well as their attorney's fee will have to be absorbed by the members. Maybe if that happens often enough the members will wake up and install a board that will obey not only state laws but will actually follow their own rules unselectively. Harold
CcA
Posts: 5
Posts: 5
Posted:
We have a similar situation here. One of our Board Members (the Vice President) is in violation of the Covenants and By-laws in that he is building an oversized shed (that was also being built without the necessary permits from the town and has been addressed to them for action) but the work has gone on far longer (about 14 months) than the 90 days allowed. We live next door and all we can get from him and other members is that he injured himself while working on the shed and is now incapable of continuing. The Building Committee Chairman granted him an indefinite extension and no other Board Member will take action against him. We want to sue but cannot afford it. This is impacting our ability to sell our house, which we need to do since losing our jobs a couple years ago.
Any advice here on getting the shed removed (it is way too large, which is acknowledged by all involved) and getting the mess cleaned up so we can list our house? We need this done by next Spring.
Any advice here on getting the shed removed (it is way too large, which is acknowledged by all involved) and getting the mess cleaned up so we can list our house? We need this done by next Spring.
TimB4 (Tennessee)
Posts: 21,046
Posts: 21,046
Posted:
CCa,
Please do not post the same question in multiple threads.
Please do not post the same question in multiple threads.
🎯 You've read this entire discussion
Join the conversation with 50,000 HOA & Condo Leaders:
- ✓ Ask follow-up questions
- ✓ Share your experience
- ✓ Get expert advice
- ✓ Access 350,000 discussions
Create Free Account →
⚡ Takes 30 seconds
Already a member? Log in here