Duties and powers of an HOA's board, granted by the NCPCA and the community's declaration, include enforcement of covenants, adopting budgets, assessing and collecting member fees, maintaining and regulating commons areas, and acting on behalf of the association in legal matters. N.C. Gen. Stat. §47F-3-102.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
As Kriegstein explains, “In order to enforce an HOA rule, the association must have the authority to do so, as outlined in its governing documents. This may include the ability to impose fines or penalties for noncompliance or to take legal action against homeowners who refuse to comply.”
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.
Consequences of Non-Compliance Fines and Penalties: HOAs have the authority to impose fines and penalties on homeowners who violate community rules. These fines can escalate over time if the violation persists, potentially leading to significant financial burdens for non-compliant homeowners.
In North Carolina, HOA bylaws do not need to be recorded with the state. However, certain documents, like the declaration of covenants, conditions, and restrictions (CC&Rs), typically must be filed with the relevant county's Register of Deeds.
Because HOA documents are legal documents, changes and revisions cannot be made to them without a vote taking place to accept an amendment to any of the documents. The exception to this rule, is that in an emergency, minor, and state- and federal-mandated amendments to HOA guiding documents do not require a vote.
In many states, covenants only last 30 years, becoming unenforceable after they expire. However, North Carolina isn't one of these states.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
A quorum of the board should not be using email to discuss or make decisions on association business, and the use of unanimous consent in lieu of board meeting is potentially subject to legal challenge.