Harrasement by HOA Boards

Is there anywhere in the laws of NC that prevents harasasment from HOA Boards. Where can HELP be found to assist the homeowner? Followed ALL of the reqeusted "hoops" and jumped. The HOA Board DID NOT follow procedures of the convenants. The lawyer for the HOA has ignored the lask of compliance with convenants. Homeowner fined and threatened a lien of property. Homeowner complied and the HOA continues to "add" to the original request. Where can assistance be located/contacted for the Homeowner in NC...is there a regulatory agency?

MBM

Mary,

Typically, there is no State or Federal government agency that can be contacted to gain assistance. Therefore, it's up to the membership to take care of the issues themselves.

In general, the CC&Rs (deed restrictions) are considered a civil contract between all owners of the properties that have the same deed restrictions attached. Associations are formed to maintain and/or operate the common area and fulfill any services (trash/recycling, snow removal, street lighting, etc.) required by the CC&Rs. Per the CC&Rs, the Association is also given the authority (in addition to the owners) to enforce the covenants, restrictions and conditions of the deed restrictions (contract). Typically, Associations are incorporated (usually as a nonprofit) as this provides them certain advantages. As a corporation they must also comply with corporate laws in addition to any HOA/COA laws.

As you know there are civil laws and criminal laws. Criminal laws are usually enforced by the State. Civil laws are usually enforced by the individuals involved and they do this through the court system. Since contracts, hoa/coa laws and corporate laws are considered civil laws, it is up to the members to hold the Board accountable.

Sure the State corporation commission may fine for not filing the annual report on time. The IRS will certainly go after the Association for failing to file taxes. The District Attorney will prosecute if criminal laws are broken (example embezzlement). However if the Association doesn't comply with the Bylaws or a civil law, it's up to the membership to hold the Board accountable. The easiest way would be to recall the board or not reelect them to the Board. The more expensive option is to go through the court system.

This is why it's imperative that the members remain active in the development and actually take an interest in how the Association is governed. If apathy sets in (and, unfortunately it does), it becomes that much more difficult to change things when issues are discovered.

As for your concerns over enforcement issues, your post didn't provide many details. Therefore, I will limit my comments to what I can gather from your posting:


As pointed out above, it's up to the membership to hold the board accountable.
Not knowing what the procedures were, it's hard to offer more than that.


The lawyer works for the Association as directed by the Board.
It's the attorney's job to advice the board but not to require the board to do anything. If the Attorney advices the board to do xyz and the Board says no, we want to do abc the attorney will take action to do "abc" as they were directed (unless it's something criminal of course).


It's unfortunate, but this can happen.
If you believe you are doing everything correctly and the board isn't and the board has involved their attorney, you may need to fight fire with fire and retain an attorney as well.
This too is unfortunate but sometimes must be done. At the very least, your attorney will be working for you and be able to explain your options better as they will have access to all the paperwork you have.

I know it's not what you wanted to hear. However, I hope it helps,

Tim