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Updated 10 months ago on . Most recent reply

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Lynn McGeein
  • Real Estate Agent
  • Virginia Beach, VA
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Covenants vs Newer Rules & Regs: Which Prevails if Different?

Lynn McGeein
  • Real Estate Agent
  • Virginia Beach, VA
Posted

SF detached in Raleigh HOA, we've owned 15+ years with minimal HOA issues, the occasional "needs pressure washing." Now new HOA management is issuing violations, saying No Commercial Vehicles allowed. Our 2005 version of Rules & Regs clearly state "Parking Rule: Exception: Commercial Vehicle 1-ton or less allowed in driveway only" (no street, yard, etc.). New tenant has such a vehicle. The HOA won't even acknowledge that our 2005 Rules & Regs ever existed, won't provide us with updated Rules & Regs or even confirm whether a new version exists. Our version is available even now for download on our old Towne Square HOA account, (mgmt thru 2020, I think). No Rules & Regs of any year can be found on the new management's website, only the original 1997 CCRs. I've asked for any documentation that these 2005 Rules & Regs were rescinded, changed, or no longer in effect. HOA management only replies by quoting the statement from original 1997 CCRs, no commercial vehicles; they will not address the discrepancy between our 2005 version of Rules & Regs that allows them, obviously showing a major change since the 1997 CCRs. Are they allowed to just rescind Rules & Regs with no explanation? Are Rules & Regs not valid HOA docs in NC?

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Chris Martin
  • Investor
  • Willow Spring, NC
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Chris Martin
  • Investor
  • Willow Spring, NC
Replied

For what it's worth, I've been in exactly your position with a tenant of mine in a Holly Springs PUD back many years ago. We, collectively, resolved the issue with tenant parking the vehicle off-site.

Regarding getting a copy of the R&Rs, talk to the HOA president or other board member of the HOA. They are property owners in your neighborhood, not an external company with no stake in the community other than management fees.

The (implied - recorded in Wake County) 1997 CCRs predate the North Carolina Planned Community Act but many sections of this Act pertain "to all planned communities created in this State before January 1, 1999."  Absent a recorded amended declaration, the recorded document is the governing document. I think @George has a good response. 

What I have seen before is "selective enforcement" practices from some management companies. I'm not sure if this is applicable to you, but here are some references:

- Is Selective Enforcement of Restrictions Acceptable?

 - NC Chapter 20: Motor Vehicles § 20‑4.2. Definitions - Commercial Vehicle

NC DPS definitionVehicles with a GVWR of 10,001 lbs. or more used as part of a business (including a non-profit organization) and crosses state lines, are considered commercial motor vehicles for purposes of most of the safety regulations.

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