Q:  I live in a subdivision with recorded deed restrictions that address the use of the property, but the restrictions have no provisions for the establishment of an HOA, maintenance assessments, dues, or fines. The developers recorded a letter of authority to the HOA that states that the homeowners “may” join the HOA.  The HOA […]

Q:  Can a North Carolina homeowners’ association impose a recurring fine for a violation of the restrictive covenants (CCRs) after the violation has been cured? In short, are fines permissible as a revenue stream instead of just to force compliance with the CCRs? A:  By statute (N.C.G.S. § 47F-3-107.1) in North Carolina, daily fines can […]

This week’s column was written by my law partner Cynthia Jones, who is licensed to practice law in North and South Carolina. Q:  I live in a planned community in South Carolina that has deed restrictions. The restrictive covenants say nothing about homeowners’ association (HOA) assessments, and have no provisions that allow for the restrictions […]

Q:  Are there any homeowners associations (“HOAs”) that assess dues to different homes based upon the individual homeowners’ use of or impact on the neighborhood amenities?  Our community includes private streets that the HOA pays to maintain. We have residents that live in the front of the development that say they should pay a lower […]

This week’s column was written by my colleague Donna Dimaggio Berger. Donna is a Shareholder in the law firm of Becker & Poliakoff and is the author of the popular Community Association Law blog which can be found at http://www.communityassociationlawblog.com. Today, I am discussing the pros and cons of homeowners’ association (HOA) board members and […]