hoa responsibilties in North Carolina

Started by HankR • 2 replies • 1277 views

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HankR (North Carolina)
Posts: 1

Posted:

i have property in a mobile home park that has a hoa. The property is in N.C., Rowan county. The dues are 100 a year and the monies are used to maintain the gravel roads. In the by laws it states that there will be a annual meeting each year and that elections will be held to appoint officers. I do not live here but rent out my property. I do attend every meeting that is held and exercise my voting rights. I paid my dues in 2008,2009 and 2011 because the we did have a meeting. In 2010 there were no meetings held and my road had not been maintained in the 4 years that I have owned the property. I took equipment in 2010 and scraped the road my mobile home is located on because it was so bad. They are taking me to court on 6/20/11 for the dues, court costs and late fee. Here is my proplem why should I have to uphold my dues when the hoa did not uphold any of their responsibilites in 2010. Do I have any rights? They late fee is 25.00 and I only owe 100.00. I thought that late fee couldn't be more than 5 %. Nothing in the by laws states a late fee. any helpful news would be appreciated. Henry

TimB4 (Tennessee)
Posts: 21,059

Posted:

Hank,

I am not an attorney and I do not work within the legal profession.

You need to pay your Assessments because you agreed to pay the assessments when you purchased the property. This agreement was part of the restrictions (CC&Rs) which were attached to your deed and properly filed with the County.

I understand the frustration when you believe that something you believe should be done isn't.

Just as an individual might not agree with a law or decision that congress makes, refusing to pay federal taxes for that year is not the proper way to protest that decision unless the individual is willing to suffer any consequences that come with not paying taxes.

The people authorized to make the decision when the road would be graded were the people who were elected. A process you stated you participated in. If you didn't agree with their decision of delaying to grade the road the proper response should have been recalling the directors, refusing to reelect the directors or call a special meeting of the membership so a vote can be cast to grade the roads now. Withholding payment of your Assessments is an improper choice and, as you are finding out, has consequences. Additionally, since the funds to grade the roads and maintain any common area comes from the Assessments, withholding them can further delay the projects you desire that the Association does.

Any rights you may or may not have would be similar to the rights anyone would have who refuses to pay a creditor. Worst case, these rights can be exercised if you challenge the possible foreclosure of the continuing lien that the Association has on your property.

Charges, fees, interest, etc. vary from State to State and Association to Association. You will need to read your State laws and Governing documents. Since the court date is so close, I would suggest that you might not have enough time to read and understand all of these documents and laws. Therefore, you may want to settle or consult a local attorney licensed to practice law in the State your property is in.

My personal Recommendation would be to settle. This is because, in my opinion, the only thing that will be discussed in court will be do you owe the money or not. It's possible that the amount of late fees will be discussed if they are challenged and there is supporting documentation to challenge the amount. I seriously doubt that the Associations decision not to grade the road will even be considered.

Tim

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Here is my proplem why should I have to uphold my dues when the hoa did not uphold any of their responsibilites in 2010. Do I have any rights?

Many people think they can stop paying dues if they are unhappy with the HOA. They cannot. Paying dues is a completely separate issue than maintaining the roads and needs to be addressed separately. You have rights, but you need to use those rights to work with the HOA and possibly force them through the courts to maintain the roads.

The HOA has rights too. If one stops paying dues, they have the right to collect. Doesn't matter how bad the HOA is run.

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