NC HOA Wins in Court

Started by GloriaM • 3 replies • 1531 views

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GloriaM (North Carolina)
Posts: 829

Posted:

This came from the NC Lawyers Weekly:

A Charlotte homeowners association won in the NC appellate court fining a homeowner for not maintaining her lawn. When she did not pay fines amounting to $3,800.00 the association filed a claim of lien and started foreclosure action against her.

RiverPointe Homeowners Association, Inc. V. Mallory (North Carolina Lawyers Weekly No. 08-07-0211, 7pp.) G.S. 47F-3-102 provide the right to impose fine. Questions or comments may be directed to [email protected]

Michelle Price Massingale was the attorney who won this case for the HOA. This is a great accomplishment for HOA's to enforce the CCR's here in NC.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Thank you for that (timely) update!

MaryN (Virginia)
Posts: 125

Posted:

Could you give us some more info on the case? I don't understand why the HOA would have to go to court to enforce CCR's..and this case was on appeal?
Thanks,
MaryN

GloriaM (North Carolina)
Posts: 829

Posted:

Mary:

From what I read in this article, this HOA was formed here in NC before 1999; which is the date of the NCPCA. This owner argued that since the HOA was formed before the NCPCA that they could not enforce their CCR's.

The first court to hear this case agreed with the owner. The HOA pursued to Superior Court; this court too agreed with the Owner. The HOA went all the way to the appellate court and won.

This now sets a precedence here in NC that indeed the CCR's are enforceable even HOA's built before the NCPCA.

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