What is a Homeowners Association?
There are many communities in North Carolina that are overseen by Homeowner or Condominium Associations (HOA). While there are benefits to living in a community with an HOA, there are also many rules and regulations that can result in legal conflicts. I am Bob Morton, an experienced HOA attorney who provides legal support to residents and property owners in these communities.
A Homeowners Association is an organization associated with a subdivision, townhouse, condominium building or other planned community that makes and enforces community rules. These communities are governed by Covenants which set out the rights and responsibilities for those living in community. These rules may include: Restrictions on the size, color and design of the homes; Guidelines for what expenses may be included in Assessments charged to owners; Architectural Review requirements that are to be followed when a change is made to a property; Rules associated with upkeep of the individual properties in the community; Rules relating to the use and restrictions associated with common areas; A variety of other things as well. Assuming the Association was properly formed, those purchasing homes in these communities automatically become members of the Association.
There are advantages and disadvantages to living in an HOA community. Advantages may include having property maintenance taken care of for you, while some residents feel unfairly constrained by rules about home appearance and other aspects of daily life. Before buying in an HOA, it can be a good idea to have the Covenants reviewed by a qualified homeowners association attorney to ensure that you understand the rules and restrictions that you will be living under.
disputes arise where Associations were not correctly formed or Covenants are defective
There are situations where Covenants were poorly drafted or not properly filed in your County Register of Deeds. If you believe your HOA has failed to properly establish itself, inappropriately amended Covenants, not followed its own rules, you may very well have recourse. Select the link to find out how to schedule a consultation.