There are many communities in North Carolina that are overseen by a homeowners association (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. At North Raleigh Law, I am an experienced HOA attorney who provides legal support to residents and the boards that govern these neighborhoods. My firm has the legal skill and practical knowledge to help clients obtain the result they seek.
A homeowners association is an organization in a subdivision, townhouse, condominium building or other planned community that makes and enforces community rules. In these communities, a Covenants, Conditions and Restrictions (CC&R) document sets standards that homeowners must follow. These rules may include such things as what color homes can be painted, what kind of trees people can plant and other very specific restrictions. People who purchase homes in these communities automatically become members of the relevant HOA. They pay fees to the association in order to maintain homes and common areas.
There are advantages and disadvantages to living in a homeowners association. 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 CC&R’s examined by a qualified homeowners association attorney to ensure that you understand the rules and restrictions that you will be living under.
Homeowners association boards are made up of community residents. They are elected to the board and volunteer their time. HOA boards establish rules, ensure that those rules are followed, manage the funds collected through HOA fees, make provisions for the maintenance of common areas and have other responsibilities intended to keep these communities running smoothly. Boards are typically made up of a president, secretary, treasurer and other members. Community bylaws establish how board members are elected or removed from the board, what powers and duties board members have, how long their terms are in office and other aspects of their services. HOA boards in North Carolina must hold member meetings at least annually.
It is not unusual for disputes to arise between homeowners associations and members of the community they manage. Our law firm represents individual residents as well as HOA boards in legal disputes. We handle numerous tasks, including:
If you are involved in a dispute related to a homeowners association, I am a North Carolina real estate litigation lawyer who can provide strategic legal guidance tailored to your specific concern.
North Raleigh Law advises individual residents and homeowners association boards in North Carolina on legal matters relating to these communities. To schedule a consultation, please call 919-436-1105 or contact me online.