North Carolina Attorney Helping Homeowners Understand Homeowners Association Law
I am Bob Morton, the attorney behind North Raleigh Law, and I have been practicing law since 1997. I primarily represent homeowners when disputes arise with homeowners associations (HOAs).
How are HOAs governed and what rights do homeowners have? Essentially, why do you have to do what your HOA says?
What Gives HOAs Their Authority?
HOAs derive their authority from several key documents and laws:
- Covenants, Conditions and Restrictions (CC&Rs) documents: These are the rules set out when the HOA is formed. They govern what you can and cannot do in your community.
- Bylaws and articles of incorporation: These documents provide the structure for how the HOA operates.
- North Carolina Planned Community Act (NCPCA): This state law outlines additional regulations and powers for HOAs.
These documents are like a contract between you and the HOA. When you buy a home in an HOA community, you agree to follow these rules.
Common Rules And Their Rationale
HOAs enforce various rules, which might include:
- Home color and exterior design
- Landscaping types and maintenance
- Parking and vehicle restrictions
- Use of common areas and amenities
These rules help maintain property values and ensure that the community remains attractive and enjoyable for all residents.
Your Role And Rights In HOA Governance
As a homeowner, you play a crucial part in the governance of your HOA:
- Voting: Homeowners vote on important matters, such as electing board members and approving significant changes.
- Meetings: Homeowners can attend and participate in regular and special HOA meetings to discuss and vote on community matters.
Understanding your role and rights helps you better navigate living in an HOA community and ensures your voice is heard.
When HOA Governance Disputes Arise
While HOAs play an essential role in community management, disputes can arise. Whether it’s a misunderstanding about the rules or something more significant, I’m here to help:
- Initial consultation: I offer a fee-based initial consultation where I review the documents that are pertinent to your situation and then advise you on the best course of action in a half-hour phone call.
- Dispute resolution: If a dispute cannot be resolved immediately after this initial consultation, I can assist in mediation or assist you in litigation to reach a resolution.
I handle all aspects of HOA law for homeowners. Very few North Carolina attorneys represent homeowners in HOA disputes.
HOA Governance Concerns? Contact A Lawyer Today
If you’re facing challenges with your HOA or just need some advice on your rights and responsibilities, reach out to North Raleigh Law. Together, we can work toward a solution that upholds your rights while respecting the community guidelines. Reach out by phone at 919-944-4856 or contact me online.