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Updated 7 months ago, 05/19/2024

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2,714
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Lynn McGeein
  • Real Estate Agent
  • Virginia Beach, VA
1,551
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2,714
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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 I've asked for any documentation that these 2005 Rules & Regs were rescinded, changed, or no longer in effect.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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