CC&R Violation/No HOA/Foreclosed Developer

Located in NC within 27 one +/- acre lot community with 13 occupied lots. Bylaws state HOA transfers when majority built, so one short. The developer was foreclosed so not bank owns 13 lots and the remainder is owned by another builder. The developer is still listed as agent with Sec of State but he has "washed his hands" since the foreclosure on him. The community in whole seems to want the CC&R enforced, at least what they individually agree is a rule, but no one really want to be an Officer or Director of HOA.

#1: One neighbor is increasingly shooting under the premise "to eradicate pests" at his property line adjacent to a property not in said community. No discharge of firearms and No hunting are in the CC&R. Though some shooting has occurred that could be consdidered pest eradication, there have been a time of shooting from side porch with rifles, and rapid firing from a pistol. They were directed confronted and reminded of rules upon the first event. Later a neighbor complained to developer(HOA agent at time)but supposedly said it was ok to continue to shoot pests. The sheriff was called for another person shooting and said that as it is in county, there is nothing they can do until noise ordianance begins at 9:30 pm. Cetainly this invades our expectation of quiet and peaceful enjoyment of the property, but We are running out of options and looking for advice.

#2. We understand that NC requires communities that have roads to be built to state standards where more than 5 homesa and they will incorporate it. The road failed standards and was never corrected though it appears good, and is considered private by the state. The developer and contractor were in dispute. Assuming nothing change, will the homeowners be forced by the state to get it to standards?

Sorry for length but many thanks for the advice!!

#1 You are in an area that it is legal to shoot until 930pm. So nothing police can do. You do not have a HOA so there is no one to complain to. In situations there is no HOA to enforce, an individual homeowner must seek a lawyer and sue the other homeowner to gain compliance with the CC&R.

#2 Its likely the state will say nothing. The city could stop issuing building permits for new buildings on empty lots until the roads are fixed. But then again, the city might not care either.

Thanks for replies/input.

Seems #1 will unfortunately be best served in legal system as direct discussion has obviously failed. I may send letter and copy of CC&R first with a professional cease/desist tone related to violation of CC&R with the effort being to give benefit of doubt. Just hate the thoughts of alienatin neighbors.

"WE" are a a couple of the residents. Your comments made me do further research and I found it was a county code. Below is excerpts applicable to the comments from the county's "Subdivision Regulations".

14-3 No building permit, certificate of occupancy or any other permit required by other
applicable laws or ordinances shall be issued for any parcel or plot of land which
was created by subdivision after date of, and not in conformity with, the
provisions of these regulations, and, no excavation of land or construction of any
public or private improvements shall commence except in accordance with the
provision as herein expressed.

50-1 All streets within the subdivision regulation jurisdiction of the County shall have a public or private designation and comply with either the minimum construction
standards for secondary roads as required by the North Carolina Division of
Highways for public roads or with minimum construction standards of private
subdivision roads as specified herein.

(a) In subdivisions in which there are seven or more lots, roads shall be
designated “Public” and comply with subdivision roads minimum construction
standards required by the North Carolina Department

So, the questions become: Can pressure be applied to the county to stop all building permits? Can pressure be applied to the bank as they foreclosed on the developer before the issue was resolved? And expect reasonable outcomes from the effort? FYI, the state DOT has installed road signs designating the roads "Private" so there would seem to be truth to the not to standards issue.

Thanks for your input and experienced advice!