[melinda_s]

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If I were researching this situation, and based on my extensive legal experience with HOAs and land use law over the last 15 years, the first thing I would want to see is what the Declaration of CC&Rs says. This document will identify whether this is a mandatory or voluntary HOA. The Declaration of CC&Rs legally binds one owner to another. Legally and at this forum: “Covenant” is another word for “contractual term.” Covenants are normally recorded with the county. Such recording serves as “public notice” to all that this “contract” exists. Meaning if one buys a lot in the community to which the covenants apply, one has agreed to abide by the covenants.

Your focus on whether this is a corporation or LLC, or converted from one to the other, is, in my opinion, misplaced.

I have doubts the attorneys said what you claim. It is possible that instead, these attorneys meant this association (call it an HOA; call it a company with members; call it a corporation; whatever) might not be subject to the NC HOA statute on account of xyz.

[melinda_s]

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Oh no, sorry to hear that! Rude neighbors can be such a headache. What exactly is happening, if you don’t mind sharing a bit more detail?

[melinda_s]

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“Condo boards have a duty to make sure common areas and elements are up to standard. If you don’t have a reserve fund, special assessments are the next option for major repairs and replacements. Unfortunately, you do have to pay the special assessment. However, it’s likely you only have to pay it once. Godspeed.

PS. You may want to start using the pool.”

[melinda_s]

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Capital funding is actually a pretty common fee that many new homeowners have to pay. Don’t see the problem with that.

[melinda_s]

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Ask your local law firms. Chances are they have someone who has experience in HOA law. As for the cost, it really depends on the law firm. Our HOA has one on retainer and they charge $220/hour. You’ll generally find that lawyers charge between $100 to $400 per hour.

[melinda_s]

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Hi shadow5,

Your HOA should make reasonable accommodations for your daughter if she falls under the ADA. Does the board know about her disability? I would consider letting them know. And if they still deny your application, you can file a complaint with the Department of Justice or your local authority on ADA. In Washington, it would be wsdotada@wsdot.wa.gov or call toll free 855-362-4ADA (4232).

Hope this helps.

[melinda_s]

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Based on personal experience, I find that monthly meetings are best. It might sound too frequent but monthly meetings make for generally shorter board meetings. And these short board meetings accomplish a lot of things. We stick to an established agenda and tick off all the to-do’s and discussions in under an hour. Because we do it so frequently, we find that things don’t pile up and we can make decisions more efficiently instead of waiting months to pass a single resolution.

Of course every property association is different. You need to find what works for you specifically. Maybe you’re a smaller community so there aren’t that many tasks. In that case you could probably get away with meeting once every two months. If the board has a lot to get done, monthly is a good choice. I remember when things got so bad for us (back when we only had meetings once every blue moon) that we literally had to meet every week to discuss everything needed… and those meetings lasted well over an hour!

[melinda_s]

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My condo recently put up video cameras at the playground and I think it’s a great idea especially since children are around. Parents want to know their kids are safe and if anything goes wrong the cameras have it recorded.

[melinda_s]

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Thanks for all the input, everyone! x

[melinda_s]

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We’re a single-family community with about 300 homes.

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