HOA assessments not benefitting all homeowners; state of NC

[Greg P.]

Hello all - I thought I would come to this community for advice on a matter that has been a problem in a neighborhood I own two properties in for over 5 years. This is in the state of NC.

Situation: I own two properties in a "cluster home" community (detached, ~1,200sf homes built in late-80s / early-90s). We have a fairly active HOA with very opinionated, headstrong leaders - I would go so far as to say some are borderline bullies. I live in one home, rent out the other.

~60 homes in the community. 45 homes have wood decks, 15 do not. Many of the decks are original (upwards of 30 years old) and need replacing. The house I live in does not have a deck, and the house I rent out has a deck that was repaired by previous owner, so it's only a few years old.

Problem: HOA wants to assess everyone in the community to build new decks ($4,000 to $5,000). I, and many of my neighbors, will not benefit in any way from this assessment, either because our houses don't have a decks or folks have been frustrated with the HOA and paid out of pocket to replace theirs.

HOA plans to force this through. I'm not sure how, as assessments require a vote, and most people don't show up to the meetings. The HOA has also done some unethical things, including building new decks for almost all of the HOA board members using funds from dues (no assessment from any of these owners) while leaving everyone else wondering if they repair their own decks will they get hit with a $5K assessment in a year or two. As a result, people are waiting to do anything with their decks - many of the decks look awful, and yes, some pose serious safety issues.

Questions: Can the HOA legally force everyone in the neighborhood to pay, even those who will receive no benefit from the assessment? HOA leadership is positive they can do this. What are our options as owners who will receive no benefit from the assessment? What legal instruments exist to prevent this vote from going through? Are there any lawyers in this community who would be able to represent the homeowners in this situation?

Thank you!