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DanielM17 (North Carolina)
Posts: 1
Posted:
I live in North Carolina, and am exploring the purchase of two adjacent lots.

The lots were apart of a large 800 acre land deal / scam that has now gone bankrupt. The Developer's company closed its doors in 2005 and do not exist any more. The land I want (references on deed) the HOA and restrictions, covenants, etc. From what I can find, There are ONLY Two lots that fall under these restrictions. If I buy the only two lots in this "HOA" am I able to run for president, win, then dissolve the restrictions? My goal is to remove all restrictions, and covenants on the land.

Development was formed 1-12-2005, The company dissolved in 2012, the lots were foreclosed on and owned by the bank since 2011. This is all unimproved land, no buildings, just woods.

Do I have any options here? If so, how do I go about making changes. Thanks so much for the help!

DouglasK1 (Florida)
Posts: 2,046
Posted:
If you owned all of the property subject to the restrictions, there wouldn't be anyone to enforce them against you anyway, so sort of a moot point.

If you want to legally remove the covenants, you should probably talk to a lawyer. Generally speaking, the president can't remove or amend covenants, that requires a vote of the property owners, but assuming you are the only one, you should have no trouble passing the change. It still wouldn't hurt to get legal advice just to be on the safe side.

Escaped former treasurer and director of a self managed association.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By DanielM17 on 02/17/2023 6:02 PM
Do I have any options here? If so, how do I go about making changes.
Here is how I would be thinking about this:

Make sure there's no corporation listed at the North Carolina Secretary of State site.

Review the NC HOA statute section 47F-2-118. "Termination of Planned Community."

Review the CC&Rs section for how to amend or terminate the CC&Rs.

Talk to the city or county land use department and see if they know of anything else you should do.

Check with an attorney. Ask if the following plan will work:

Document a formal vote by the two owners (you and you) to amend or terminate the CC&Rs. A notarized statement that you voted, for both lots, to amend or terminate the CC&Rs should do.

Document a resolution noting the HOA and covenants are hereby dissolved, pursuant to 47F-2-118 and CC&R section ____.

Record the documentation of the vote and the resolution.

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