HOMEOWNERS ASSOCIATIONS

Homeowners associations pose unique legal challenges, for the governing board, the association itself, and individual members. Whatever your perspective, I have considerable experience in this area, and can provide valuable assistance with homeowners association issues.

Homeowners Associations Boards

The board of directors of a homeowners association has significant duties and responsibilities to the association it governs. These range from ensuring that the bylaws are followed, maintaining accurate financial records and ensuring that the association funds are used properly, and collecting delinquent dues and assessments. This last responsibility has become especially challenging in the current economy and with the great increase in foreclosures.

Among other things, I can assist your board with:

• "Housekeeping matters" - Revising covenants and/or bylaws that are outdated, revising or implementing appropriate rules of procedure, revamping and enforcement of current rules, covenants and bylaws which may have been gathering dust for extended periods. I can also offer an informed opinion as to whether anything can be done to rectify problems in your subdivision given the current state of your homeowners association.
• Collection matters – I can assist your board with collection of unpaid dues and assessments. This may range from an initial stern letter to foreclosure, depending what is appropriate and needed. Normally you are entitled to recoup your attorney's fees if and when we obtain the unpaid amount sought.

Homeowners Associations

Does your subdivision's restrictive covenants provide for a homeowners association but one was never formed, or it was formed and then dissolved? I will be glad to look at your documentation and your circumstances and see if the association can be revived, so that the business of the subdivision can be handled in an orderly manner.

Residents

The purpose of a homeowners association, including the board, is to serve the subdivision as a whole. On occasion, a board usurps an undue amount of control over a subdivision, perhaps for its own benefit or other improper purpose. The North Carolina statute provide remedies for homeowners, members of homeowners associations, whose boards are not complying with the bylaws, not keeping accurate records or misusing association funds. This can include recouping damages or even removal of the board or board members. If you believe you are being illegally bullied by your association board, or that the board is simply not playing by the rules to the detriment of the subdivision, I will be glad to review your situation and see if I can help.