Homeowner's Association Law

What is a Homeowner's Association?
A Homeowner's Association is comprised of two or more homeowners that belong to a mandatory membership organization for the maintenance of commonly owned real estate and improvements and regulations of privately owned property in a given area.

What are association bylaws?
The bylaws are the guidelines for the operation of the Homeowner's Association. The bylaws define the duties of the various offices of the Board of Directors, the terms of the Directors, the membership's voting rights, required meetings and notices of meetings, and the principal office of the association, as well as other specific items that are necessary to run the homeowner's association as a business.

Can a Homeowner's Association require assessment fees?
Homeowner's Associations can assess mandatory fees for common property maintenance.

Can the Homeowner's Association get a lien on a homeowner's property for failure to pay their homeowners assessment?
Under NC law, a homeowner's association can place a lien upon an owner's property for  failure to pay assessments, and may foreclose upon that lien if the owner still refuses to pay past homeowners assessments. A lien may also be placed on the property for failure to pay fines properly imposed upon the owner; however the foreclosure process for foreclosing upon a lien for fines is more complicated and cumbersome.

What are Covenants, Conditions & Restrictions?
Commonly called CC&R's the term usually refers to a written recorded declaration which sets forth certain covenants, conditions, restrictions, rules or regulations established by a Homeowner's Association to create uniformity of buildings and use within tracts of land or groups of lots.

What can a Homeowner's Association regulate?
Homeowner's Association rules and regulations can regulate many different things in the homeowner's area such as:

• Basketball hoops
• House design sheds
• Clotheslines, lawns, shingles
• Exterior paint, mailboxes, swing sets, fences
• Garages, outdoor lights, TV antennas
• Garbage cans, views, window coverings
• Hedges, weeds, trees
• Home businesses, pools
• Pets

Should our Homeowner's Association hire an attorney to handle our laws and regulations?
It is always a good idea to involve an experienced attorney when any business (such as a Homeowner's Association) is creating laws. An experienced attorney, such as those at Hatch, Little & Bunn, LLP, can assist you. Contact us today.

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