NC Court Case - Does the Assoc really exist?

Started by BugM • 2 replies • 1251 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

BugM (California)
Posts: 8

Posted:

NC Court Case - Does the association really exist? It will interesting to see where this goes. Any bets on this? Which way will it go do you think?
http://www.charlotte.com/breaking_news/story/403854.html

RobertR1 (South Carolina)
Posts: 5,164

Posted:

BugM, Actually this is a SC case. If I was going to guess only knowing what the article said and since I have lived in a condo for 18 years in SC, I could not guess. If this lady has been paying her fees and is involved in anyway with the Regime, like Committee member, board member or attended meetings or voted, I wouldn't think she had much chance.
It still reeks of someone being told to do something they don't want to do and now is going to sue the world. I also see no problem with the association being unincorporated. I also feel that are a lot of associations outside the letter of the law all the time, and if this association has done a good job and kept good records, they shouldn'y have much to worry about. Intent will have a lot to do with it amd if this lady starts asking for damages she just may not get to court.
If you find out let us know.

SusanW1 (Michigan)
Posts: 5,202

Posted:

This happened to our HOA in the past. Someone "forgot" to file the annual report,for 6 years!! and there was no record of the corporation on file with the State.

A court case that the HOA was involved in got thrown out by the judge. Cost us
$12,000!!

🎯 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