Abolish/Terminate Declarations of Easements, Restrictions and Protective Covenants in North Carolina

Started by RobertB33 • 1 replies • 1526 views

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RobertB33 (North Carolina)
Posts: 1

Posted:

Homeowners in our subdivision are being asked to subject themselves to an additional set of Declarations before being relieved of the existing Declarations. The means of doing this are to execute a Supplementary Declaration, thereby subjecting our properties to these new deed covenants. There would be no meeting of the HOA to accomplish a vote. Should we consent to the new Declarations without first being relieved of the existing? Our subdivision is considered the first phase of a larger development. There is an existing HOA in place for our subdivision and a new HOA has been formed for the balance of the development. In essence, we are being asked to abandon HOA #1 and join HOA #2.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Robert,

This is a question that only you can answer.

It sounds like an amendment to your existing Declaration. There should be something within your Declaration on how to amend them. If a quorum is met and enough people vote to adopt the amendment, then everyone will be required to follow them.

Tim

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