5 things to watch out for in a dispute between neighbors

In interdistrict disputes involving homeowners associations, North Carolina law gives HOAs most of their power. But that’s not all. Certainly the HOA is legally armed to enforce the letter of its neighbor’s law, from the type of mailbox you might have to the type of fence you can put around your yard. The board can suspend your pool privileges, fine you up to $100 a day for chronic violations and even disable the nuclear option of taking over your home. Mike Hunter, Charlotte’s attorney, says the HOA serves its primary purpose. They are responsible for managing pools, walkways, landscaping and other common amenities; they preserve the architectural integrity and character of their communities by honoring contracts and other rules; and they increase property values by keeping their neighborhoods attractive and vibrant.

“The law works well,” said Hunter, who is estimated to represent more than 500 HOA boards across the Carolinas. “It says. “They give HOAs the tools they need to function effectively and also provide important protections for homeowners. “But when boards abuse their power, and even Hunter admits that he sometimes cautions HOAs against “people who think they have more power than they actually do,” homeowners often act recklessly. Charlotte attorney James Galvin, who has represented homeowners in HOA litigation for nearly 20 years, said: “The board is the ultimate authority until the dispute goes to a higher authority – the courts.” “But you’re talking $5,000, $10,000, up to $30,000 to file a lawsuit.

Don’t ignore the HOA election.

Hunter and Galvin agree: neighbors who don’t pay attention to who’s running for HOA board may soon regret it.

“Know who to answer for,” Galvin says. Do copycat directors want to do their best for their neighbors, or are they more interested in wielding power? Hunter says, “Sometimes property owners run for the board of directors to take care of their personal business. You don’t want people like that on your HOA board.” So one of the best ways to avoid HOA problems is to keep concerned dictators off the board and call them out.

Stuck on a bad HOA board?

When replacing HOA leadership, democracy needs some bridge-building work, but it’s not that difficult. For example, building 100 homes only requires a petition signed by 10 residents (10%) to call a special HOA board meeting to replace the board, review the entire board, or review neighborhood rules. This is the easy part. Once the meeting is fixed, the landlord should show up.

If you want to run a legitimate business, you must have a quorum of local residents. It ranges from 20% to 40% of the property owners according to neighborhood rules. If a quorum is assembled (assuming 20% of the 100 residential complexes we assume), a simple majority of 11 votes can remove the board or target members. “Neighborhoods are the spawn of democracy,” Hunter says. “If you don’t like your elected leaders, defeat them by a vote.”

Allah is your right.

If the board accuses you of violating a neighbor, it can’t suspend your pool or club privileges and can’t start imposing fines on you without first holding a hearing.

According to Hunter, HOAs must also hold regular public meetings where residents can ask questions or raise concerns. In addition, at the end of the fiscal year, the Board should provide financial reports to all residents. Communication is very important. The most transparent boards have the happiest owners,” Hunter says. “But there are boards that don’t communicate, don’t hold meetings and don’t publish financial reports. Some boards run associations like estates. Secrecy breeds contempt and suspicion.”

Good example: Galvin says he currently represents a group of Charlotte homeowners who have overwhelmingly collected the signatures needed for the board to call a special meeting. However, the board refuses to do so. He says residents want to replace the board because of a long-standing debate over neighborhood policies governing the installation of solar panels. Galvin says he now has to go to court because of an order requiring the board to follow the rules and schedule a special meeting. “They were drunk with power,” Galvin says of the HOA. “They’re going to hang on to power for a few more months.

Remember, they’re your neighbors.

Sometimes the HOA and the tenants compromise – such as when Charlotte condo owner Dan Johnson received cumulative fines of $182,500 for curtain violations five years after moving in – more friendly

“Go have a drink and talk. Relational solutions are always better, more economical, and more durable than legal solutions. Galvin also preaches patience. He says he represented a Charlotte woman who inherited her dead mother’s dog. Her HOA passed an ordinance limiting pet ownership to one dog per family. And it began imposing fines on her — $100 a day, $3,000 a month. Galvin said he advised her to wait, and she did, and the HOA eventually backed off.

Is this in an HOA district?

Some residents, like Charlottan Terry Deboux and Stephen Eldridge, have lived in at least one HOA-run development area and wouldn’t find another. “I told the real estate agent, ‘Don’t show me anything from the HOA,'” – says Eldridge, who now lives near the Cotswolds after a bad experience in two previous HOA-controlled homes. “I’ll never do it again.” Other neighborhoods have thrived thanks to HOA control and the booming real estate market in most of the Carolinas. So hurry up before you buy in a particular neighborhood. Is the grass cut? Do you water the hostas in your local garden? Talk to the people who live there. What is their experience with HOA boards and management companies? Familiarize yourself with the rules of the neighborhood. Understand what you can and can’t do. Are amenities like pools, paths and playgrounds worth paying for?

Or can you get annoyed under a board that might tell you whether to choose paint, landscape or hang curtains.