Should our Homeowners Association hire an attorney?
It is always a good idea to involve an experienced attorney to ensure protection of both individual and community interests as well as substantive and procedural compliance with governing documents.
Can the Homeowners Association claim a lien on a homeowner's property for failure to pay homeowner assessments?
Under NC law, a homeowners association can place a lien upon an owner's property for failure to pay assessments, and may foreclose upon that lien if the owner still refuses to pay past homeowners assessments.
Can a Homeowners Association require assessment fees?
Homeowners Associations can assess mandatory fees for common property maintenance.
What can a Homeowners Association regulate?
Homeowners Associations can regulate a variety of aspects within a given community depending on the express language of the governing Declaration and Bylaws, such as:
- Clotheslines, lawns, shingles
- Exterior paint, mailboxes, swing sets, fences
- Garages, outdoor lights, TV antennas
- Garbage cans, views, window coverings
- Hedges, weeds, trees
- Home businesses, pools
What are Bylaws?
The bylaws are the guidelines for the operation of the Homeowners Association. The bylaws define the duties of the various offices of the Board of Directors, the terms of the Directors, the membership's voting rights, required meetings and notices of meetings, and the principal office of the association, as well as other specific items that are necessary to run the homeowner's association as a business.
What is a Declaration of Covenants, Conditions & Restrictions?
The term usually refers to a written recorded declaration which sets forth certain covenants, conditions, restrictions, rules or regulations established by a Homeowners Association. The developer establishes the scope of the association initially by setting out the services and expenses in the association's budget. The declaration provides the means by which the association can enforce the members' obligations and the by-laws set forth the procedures for running the association.
What is a Homeowners Association?
A homeowners association is an organization established to govern a private community. By buying a lot and/or home in the community, an owner automatically becomes a member of the homeowners association. A homeowners association is similar to other corporations - it is governed by a board of directors elected by the members and a set of rules called by-laws. The collective goal of the homeowners association is to maintain the quality of the property and the lifestyle envisioned by the planned residential development.