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Homeowners Associations Selective Enforcement

Discussion in 'Homeowners Associations & Boards' started by reese01, Oct 14, 2017.

  1. reese01

    reese01 Law Topic Starter New Member

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    Jurisdiction:
    North Carolina
    HOA Board owed dues for 5 years and wanted to waive their dues I challege them and in turn they denied my ARCrequest for a Private Fence when CCR allows but need approval. All the board members have unapproved fences and friend directly across from President put up a fence without approval and I have been fined a total of $300 and put a lien on my house. SELECTIVE ENFORCEMNENT!!!! can anyone site a NC case or laws for my case?
     
  2. mightymoose

    mightymoose Moderator

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    Your need to look at your HOA agreement. That will be the controlling document.
    If you are unhappy with the board members then vote to replace them.
     
    hrforme likes this.
  3. adjusterjack

    adjusterjack Super Moderator

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    A lawyer can.

    Or you can go to Google Scholar and look up cases by yourself.
     
  4. army judge

    army judge Super Moderator

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    A lien on your property means nothing, until you try to sell the property.

    For a lousy $300, I'd pay it and forget it, the lien will be removed.

    If it isn't, that could open new possibilities.

    If you want to cause someone a little trouble, pay it, then go back to kicking sand.

    What you've described is why I've never bought property in an area controlled by HOA terrorists, potentates, lil bigstuffs, power hungry geeks who enjoy building Monopoly replicas with real property, and their many affiliates.

    I've always disliked cliques.
     
  5. zddoodah

    zddoodah Well-Known Member

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    HOA Board owed dues to whom? Did you mean to say that you owed dues to the Board?

    WOW THAT'S TERRIBLE!!!!!

    I could if I researched it, but I'm not going to do that (and likely neither will anyone else). Your guess is as good as mine as to whether there's any case law that will be helpful, but this is what you signed up for when you moved into a place ruled by an HOA.
     
  6. reese01

    reese01 Law Topic Starter New Member

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    I paid the $300 + lawyer's fees totaling &1000 (paid in full) and they never removed it. I'm in court now. Everyday, researching Selective Enforcement.
     
  7. reese01

    reese01 Law Topic Starter New Member

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    No, Board members owes HOAdues and want waive their's. I challenged it. Now they are going after me.
     
  8. reese01

    reese01 Law Topic Starter New Member

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    I paid the $300 and attorney's fees Totaling $1000, but they refuse to release the lien. In court with this and have researching Selective Enforcement everyday. Judge stated I need case laws.
     
  9. army judge

    army judge Super Moderator

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    Selective enforcement doesn't apply in the situation in which you appear to be engulfed.

    You should research how to remove a lien.

    Here, allow me to jump start you, mate.

    NOTICE REQUIRED BEFORE HOA CAN FILE THE LIEN

    No fewer than 15 days prior to filing the lien, an HOA or COA must mail a statement of the assessment amount due to the property owner by first-class mail (N.C. Gen. Stat. § 47F-3-116(b), § 47C-3-116(b)).

    Notice of Lien Is Also Required

    Before the HOA or COA files the actual claim of lien, it must serve (or attempt to serve) a copy of the claim of lien to the owner of the property by personal service or first-class mail (N.C. Gen. Stat. § 47F-3-116(c), § 47C-3-116(c)).


    In North Carolina, an HOA or COA is entitled to a lien for unpaid assessments and related charges once the amount due is 30 days late.

    The lien becomes effective when the HOA or COA files a claim of lien with the clerk of the superior court in the county where the property is located (N.C. Gen. Stat. § 47F-3-116(a), § 47C-3-116(a)).

    State law and the HOA or COA’s governing documents, such as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and bylaws, will often set out the type of charges that may be included in the lien. In North Carolina, an HOA or COA is permitted to include the following in its lien (unless the governing documents say otherwise):

    * past-due assessments

    * late charges (not to exceed the greater of $20 per month or 10% of any unpaid assessment) (N.C.
    Gen. Stat. § 47F-3-102(11), § 47C-3-102 (11))

    * fines for violations of the CC&Rs

    * interest on past-due common expense assessments (not to exceed
    18% per year) (N.C. Gen. Stat. § 47F-3-115(b), § 47C-3-115(b)),

    * other charges (such as those connected with the preparation and recordation of documents,
    including amendments to the declaration or statements of unpaid assessments). (N.C. Gen. Stat. §
    47F-3-116(a), § 47C-3-116(a)).


    Bottom line, mate:

    To get the lien released the HOA has to make another filing with the county recorder (or whatever person records deeds).

    Of course, the recorder wants MORE money which adds fees for the release.

    The HOA should have included the lien release fees in the original filing that you paid.
    Heck, the lawyer got his/her $1K.

    Make it easy, mate, get the HOA to complete the lien release form and file it yourself.

    In most cases this can be done for under fifty bucks, maybe even twenty bucks.

    The register of deed in Mecklenburg County is the right place for Charlotte:

    Register of Deeds


    EMAIL: ROD@MecklenburgCountyNC.gov


    PHONE = Register of Deeds = 704-336-2443


    PHYSICAL ADDRESS:
    Register of Deeds
    720 East Fourth Street
    Charlotte, NC 28202
     

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