Homeowners Association Not Registered as LLC

[misscyn]

Jurisdiction

North Carolina

I inherited a home in a subdivision whose developer never created an LLC. He did create covenants and registered those with the local register of deeds. In the covenants, he states that the homeowners could form their own association, which they apparently did. However, it was never made official as an LLC. Is this a legal association?

 

[hrforme]

What does it say in the covenants/deeds? Ours is found in the General Covenants and then referred to in the by-laws. (I am on the board of our HOA for our subdivision in NC)

Your best bet might be to contact the county and ask the county attorney. If they do not know, you may need to speak with a local real estate attorney in that county.

I am curious though how you know that there was never an LLC attached? I know we don't refer to our's as LLC or INC. just "neighborhood HOA" even though it was INC'd back in the day.

 

[adjusterjack]

I inherited a home in a subdivision whose developer never created an LLC. He did create covenants and registered those with the local register of deeds. In the covenants, he states that the homeowners could form their own association, which they apparently did. However, it was never made official as an LLC. Is this a legal association?

It could be. An informal association of homeowners would have every right to enforce the covenants just like any individual homeowner would.

What, exactly, is your problem with the way the "association" is running?

 

[misscyn]

There's an attorney in the association who has mentioned it was never registered. I searched on the Secretary of State website and couldn't find an INC or LLC. I got the association bank statement by accident once. It was just addressed to the association.

The covenants say the developer chose not to establish a homeowner's association but that the homeowners could form their own, which is what happened.

 

[misscyn]

It could be. An informal association of homeowners would have every right to enforce the covenants just like any individual homeowner would.

What, exactly, is your problem with the way the "association" is running?

They have association meetings for a road fund. We never see bank statements or balances, just are told what we owe. At the last meeting four of the homeowners got together and said the road fund should pay for a retaining wall, made of river stone, to be repaired. It's thirty some years old and crumbling. It's on the 'president's' property. He's only been here four years.

We had a matching retaining wall on our property across the street from him that started to fall down some years ago. We were told by the then-association that we had to repair it or have it torn down and the earth leveled ourselves, which we did, at considerable personal expense. So I don't want to pay for this guy's. Also he's the one who paved over my water line and broke it. So if I have to both pay for all the water line damage as well as his retaining wall, I might just lose my mind.

 

[army judge]

They have association meetings for a road fund. We never see bank statements or balances, just are told what we owe. At the last meeting four of the homeowners got together and said the road fund should pay for a retaining wall, made of river stone, to be repaired. It's thirty some years old and crumbling. It's on the 'president's' property. He's only been here four years.

We had a matching retaining wall on our property across the street from him that started to fall down some years ago. We were told by the then-association that we had to repair it or have it torn down and the earth leveled ourselves, which we did, at considerable personal expense. So I don't want to pay for this guy's. Also he's the one who paved over my water line and broke it. So if I have to both pay for all the water line damage as well as his retaining wall, I might just lose my mind.

You can save yourself further aggravation and anxiety by selling your home and buying a home on property that you own and control without being subjugated to bullies, thieves, and dictators.

Sell yourself out of slavery and into freedom from tyranny.