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In general terms, it provides that, when a person, alone or together with prior owners, owns real property for 30 years, certain interests created more than 30 years earlier are extinguished, giving the owner marketable record title free of those extinguished interests.
North Carolina Appellate Court Rules That Restrictive Covenants More Than 30 Years Old May Be Extinguished.
Subdivisions with homeowners' associations established after Jan. 1, 1999, are governed by the North Carolina Planned Community Act found in Chapter 47F of the North Carolina General Statutes. However, no state or federal agency oversees homeowners' associations.
Yes, you can generally sue your HOA in small claims court if the dispute is for $10,000 or less. It is quite common to take dispute resolution to the small claims court of your state. You will have to pay filing fees and may need to represent yourself, though some attorneys will represent you for a fee.
For example, in North Carolina, an HOA dissolution requires 80% of the membership as set by the state's General Assembly if the association was formed after 1999, but if it was chartered before that year, only 67% of homeowners are required to pass the termination vote.
Call (919) 431-3030 or toll-free at (866) 324-7474 to file a complaint.
If you don't ask for approval and your project breaks HOA rules, the board can force you to redo the work. They might also slap you with a fine. Avoid the extra expense and hassle. Make sure your project is compliant before anyone lifts a hammer or buys a $40 can of paint.
For example, in North Carolina, an HOA dissolution requires 80% of the membership as set by the state's General Assembly if the association was formed after 1999, but if it was chartered before that year, only 67% of homeowners are required to pass the termination vote.
The North Carolina Planned Community Act (PCA), N.C.G.S. , Chapter 47F, governs the formation, management, powers, and operation of HOAs, is North Carolina's law specifically governing homeowners' associations in the state.
As restrictive covenants don't 'expire', if they are breached the person with the benefit of the covenant can enforce them against you.