All Forum Posts by: Greg P.

Quote from @Richard F.:

Here is additional information:

https://hoa-usa.com/state-laws...

Note there are two sets of laws here, one for condominiums, one for planned communities. The Declaration you provided does not indicate which type of community this is, so we need more docs... By-laws, articles of incorporation, or charter, to determine which applies.

Thanks Richard. I have the articles of incorporation and they don’t say one or the other. They do say that the entity has power under the North Carolina Nonprofit Corporations Act. But I assume it MUST be one of planned community or condominium, right? Or else nothing would really make sense 

Quote from @Chris Seveney:

If the HOA takes care of the exterior then it's part of hoa

Many communities have units with balconies and people on first floor do not and balcony repair is common area expense.

If it's specifically not included in the units responsibility then it's HOA

Just because it doesn't say it doesn't mean it's not HOA, it's the opposite, what does it do to define the unit. If it is not included in the unit owners residence it falls under hoa

I understand. Separate question, then: can the HOA exclude certain peoples' decks from the assessment for no reason? For one of my homes, I've already replaced many parts of my deck so it's in decent shape. However, if they're going to demo it and build a new one, that's better for me. They've said that because I've repaired my own deck, it's no longer in scope for the assessment, but I still have to pay. Shouldn't I, as a homeowner with a deck, benefit somehow? Can they just decide that mine doesn't count?

Quote from @Richard F.:

Quote from @Greg P.:

Quote from @Matt Devincenzo:

Part of the 'what is legal' question ties into what do the HOA docs say. Are these decks identified in the docs as being a common area element, an exclusive use common area or a 'unit' space? Especially with these being detached units I'm not sure why the decision would have been to include them in the common element of the HOA? Start with what the existing HOA docs say, and then you can proceed to what rights and procedures are in place for changes or assessments etc.

Hey Matt. I've got the documents. Apparently, we only have a "Declaration of Covenants, Conditions, and Restrictions" document, and not by-laws. In the CC&R, here are some of the definitions:

- "Common Area" shall mean and refer to all property owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: [when I looked up with register of deeds, common area is essentially everything NOT on a homeowner's lot] - no mention of decks here
- Then there is an Exterior Maintenance section: "In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each lot which is subject to assessment hereunder as follows: Paint, repair and replace and care of roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, walks and other exterior improvements."

There is no mention of decks in the document. I believe the HOA is trying to force this through saying that decks fall under "other exterior improvements". This is very broad, and I would make the argument of "where do we draw the line"?

Post a link to the docs...they are public records available to anyone at the office where RE records are recorded.

https://forsythdeeds.com/view_...

Quote from @Matt Devincenzo:

Part of the 'what is legal' question ties into what do the HOA docs say. Are these decks identified in the docs as being a common area element, an exclusive use common area or a 'unit' space? Especially with these being detached units I'm not sure why the decision would have been to include them in the common element of the HOA? Start with what the existing HOA docs say, and then you can proceed to what rights and procedures are in place for changes or assessments etc.

Hey Matt. I've got the documents. Apparently, we only have a "Declaration of Covenants, Conditions, and Restrictions" document, and not by-laws. In the CC&R, here are some of the definitions:

- "Common Area" shall mean and refer to all property owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: [when I looked up with register of deeds, common area is essentially everything NOT on a homeowner's lot] - no mention of decks here
- Then there is an Exterior Maintenance section: "In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each lot which is subject to assessment hereunder as follows: Paint, repair and replace and care of roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, walks and other exterior improvements."

There is no mention of decks in the document. I believe the HOA is trying to force this through saying that decks fall under "other exterior improvements". This is very broad, and I would make the argument of "where do we draw the line"?

Thanks for the info, all. I am working to get a copy of the bylaws. Will post an update then.

Quote from @Theresa Harris:

Quote from @Greg P.:

Quote from @Theresa Harris:

Part of being in a community means that you sometimes pay for something that doesn't benefit you. I used to have a condo that was in one of the three buildings in the complex. When the roof on another unit had to be replaced, we all paid. when the room on the building my unit was in had to be replaced, same thing. Having said that if 25% of the homes don't have decks, has the HOA given those owners the option of getting a deck put in? $4-5K for a deck seems like a reasonable cost.

In my view that is a bit of a different situation. Everyone will benefit from a roof at some point - now or in the future. There is an understanding that if my neighbors help pay for my roof now, I will pay it forward in the future when their roof needs replacing.

in our case, 25% of the neighborhood will never benefit from the assessment. The houses are built too differently for that to be possible.

In my mind, the reasonable path forward is removing decks from the scope of the HOA, allowing individual homeowners to have agency over their decks, while still maintaining a specific standard by the HOA given it’s an exterior feature.

What do the HOA documents say in terms of how many people have to vote to reach quorum and what percent have to vote in favour for it to pass?

I am trying to dig that up. I am less worried about the HOA docs and more concerned about what is / is not legal. If the HOA tries to push something through that’s illegal, I’d like to understand my rights.

To me, NC law is fairly unambiguous here: “Any common expense or portion thereof benefiting fewer than all of the lots shall be assessed exclusively against the lots benefitted” per § 47F-3-115 sec C. Not a lawyer but used to reading legal agreements in my line of work.

Quote from @Theresa Harris:

Part of being in a community means that you sometimes pay for something that doesn't benefit you. I used to have a condo that was in one of the three buildings in the complex. When the roof on another unit had to be replaced, we all paid. when the room on the building my unit was in had to be replaced, same thing. Having said that if 25% of the homes don't have decks, has the HOA given those owners the option of getting a deck put in? $4-5K for a deck seems like a reasonable cost.

In my view that is a bit of a different situation. Everyone will benefit from a roof at some point - now or in the future. There is an understanding that if my neighbors help pay for my roof now, I will pay it forward in the future when their roof needs replacing.

in our case, 25% of the neighborhood will never benefit from the assessment. The houses are built too differently for that to be possible.

In my mind, the reasonable path forward is removing decks from the scope of the HOA, allowing individual homeowners to have agency over their decks, while still maintaining a specific standard by the HOA given it’s an exterior feature.

Quote from @Theresa Harris:

Part of being in a community means that you sometimes pay for something that doesn't benefit you. I used to have a condo that was in one of the three buildings in the complex. When the roof on another unit had to be replaced, we all paid. when the room on the building my unit was in had to be replaced, same thing. Having said that if 25% of the homes don't have decks, has the HOA given those owners the option of getting a deck put in? $4-5K for a deck seems like a reasonable cost.

That discussion has not come up. I don’t think it’s architecturally possible. The homes that don’t have decks have concrete patios. The decks are raised, so require a home that is split level. In theory you could demo the concrete patios and install wood decks, but not sure if anyone would go for that…

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!