The Rules and Regulations of an NC HOA 23
If you’re in the market for a home in an NC HOA, be sure to read the governing documents carefully. This can help you avoid common pitfalls such as egotism, power plays and petty politics.
CC&Rs, the community’s covenants, conditions and restrictions, are typically create when the subdivision is forme. CC&Rs can give the community numerous powers, including restrictions on what types of buildings can be place on lots.
Rules and Regulations
An important part of any community is the rules and regulations that govern it. These are designed to ensure that all members have a positive experience living within the HOA.
However, there are times when homeowners may feel that the rules in place have become too restrictive and interfere with their enjoyment of the community. These are situations where it’s best to consult a law firm that specializes in the field of HOA law.
In North Carolina, there are several layers of laws governing plan communities. These include the NC Plan Community Act and the NC Condominium Act.
Assessments
Special assessments are a type of payment that homeowners in an NC HOA pay to cover unexpect expenses. These can include large repairs or improvements to community amenities that are not includ in the association’s budget.
When an unexpect expense arises, the board of directors will decide what the cost is and how much to collect from each homeowner. How the board divides that cost among homeowners usually depends on what your governing documents say.
If the amount of the assessment is not paid, an HOA can obtain a lien against the property and (in North Carolina) can sue if the underlying debt is not settl in time. A lien can result in a fine, and some associations can also initiate foreclosure proceedings after the lien has been attache.
If you are a member of an NC HOA board, don’t be afraid to vote for special assessments if they are necessary. At the same time, remember that board members are homeowners too and want to keep the community values high.
Meetings
HOA board meetings are a key element of the day-to-day business of an association. They are governe by the association’s governing documents, including its bylaws and covenants.
Your governing documents should also provide you with guidance on how many meetings to hold and when they should be held. You may even need to check state laws as well.
Once your meeting is underway, it’s important to make sure that everyone is on the same page and that discussions flow smoothly. This can help save your board from potential disagreements in the future.
You should always ensure that your board minutes accurately reflect the actions taken at each meeting. They do not need to be a transcript of every discussion verbatim, but should at least include who spoke and what action was taken.
The NC PCA authorizes executive boards to impose fines, suspend facility privileges, and institute civil proceedings for violations of the community’s covenants. The governing documents and bylaws of an HOA can also be amende by a “super-majority” vote of the association’s members.
Governing Documents
Whether it’s a community common area or the outside of your home. Your HOA has a lot to do with what you can and can’t do on your property. These rules and restrictions are outline in the governing documents for your HOA. when interpret correctly, they can help keep your neighborhood looking its best and preserve its value.
Typically, the governing documents for your HOA are file with the Secretary of State and can be accesse by visiting your local county clerk’s office. Declarations, amendments and articles of incorporation must be record to be effective.
Articles of incorporation usually contain eligibility criteria and terms for officers, as well as a list of all directors. Generally, officers are not eligible to run for a board seat until they have serv as officers for at least one year.
These governing documents must be review regularly. At least every three years or when there are changes in the law that may affect how your HOA runs. If your HOA doesn’t update its governing documents often, you should consider contacting an attorney to discuss your options.
