Wake North Carolina Cease and Desist Letter for Continuing Violation of Rules and Regulations, Covenants, or Governing Documents of Homeowners'
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FAQ
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.
HOA or condo associations with annual revenues or expenditures or total accounts balances of $150,000 or more would be required to have an annual independent financial audit conducted by a Certified Public Accountant (CPA).
In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years. The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago.
If you fail to pay your HOA or COA assessments in Florida, the association can get a lien on your property and might foreclose on your home.
Call (919) 431-3030 or toll-free at (866) 324-7474 to file a complaint.
An association has the duty to enforce the restrictions set forth in its CC&Rs. When it fails to do so, a homeowner can sue the association for damages and an injunction to compel the association to enforce the provisions of the CC&Rs. (Posey v.
North Carolina Recorded Document Search - Visit the county recorder's office where the property is located to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting
Declaration of Covenants or declaration, means a recorded written instrument or instruments in the nature of covenants running with the land which subject the land comprising the community to the jurisdiction and control of an association or associations in which the owners of the parcels, or their association
We were recently asked whether bylaws amendments should be filed with the local Register of Deeds. The answer, like many things community association related, depends. Condo bylaws in North Carolina are almost always filed with the Register of Deeds, but not HOA bylaws.
N.C. Gen. Stat. §47F-3-118. North Carolina HOAs must make their "financial and other records" reasonably available for inspection and copying upon the request of lot owners or the authorized agents of lot owners.
