Gated Community

Hello,

I am new to Community123.com and hope someone can answer my question. My North Carolina Homeowners Association is made up of about 40 lots all averaging 15-30 acres. About 15 of those lots are on a main Highway. The others are down a private road that leads to more private roads made of rock. The HOA voted to put up a gate leading into the private road and now call it a gated community when in fact the homes on Hwy 210 are not surrounded by a gate. We paid almost twice the price for our lots because of the paved road and pay the same HOA Dues. In addition to putting in the gate they use all the funds for up-keeping their road and purchasing a cluster box (when our mailboxes are on the main road). Their argument is that there is a boat ramp at the end of the private road that we can all use but most don't. The vote is never fair because there are more people in the back than the front.

With all that said, my questions is can the call it a gated community if we are not included? Should they need to have a gate going down Hwy 210 with access at each side for us to enter? Our bylaws and Covenants say nothing however I found this very vague statute below.

Thank you and I am very anxious to hear what everyone/anyone has to say.

§ 47F-3-115. Assessments for common expenses
Any common expense or portion thereof benefiting fewer than all of the lots
shall be assessed exclusively against the lots benefited; and

Thank you,
Diana

I don’t think that they advertise it as gated because all the lots are sold however, you need an access card to get in the gate which cost about $20,0000. It just seems to me if the put a gate up to protect all the homes in the back they need to put one up along Hwy 210 that connects to it but I can’t find a clear definition of a gated community.

Lol, our board doesn’t know anything including my husband who is the treasurer. When someone wants something they put it to a community vote and the “back/private” road residents always in because there are more off them. I will just have to suck it up but we really need to break away from them because we (the Highway residents) don’t benefit from any of the Funds. Thanks for all your comments !!!