Learn more about our management packages today —
Call toll free (888) 565-1226

Tag Archives: courts

DE: Promises to homeowners unfulfilled

News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network

When Jack and Doris Psota bought a new house in Odessa National three years ago, they looked forward to the promised golf course, clubhouse, tennis courts and swimming pool.
Read more

Best bet is to use attorney for filings

Q. Is it possible for an HOA to file a foreclosure on a residence without an attorney?

As to whether a non-lawyer can file foreclosures, I checked with David Johnson, an attorney with the N.C. State Bar.According to Johnson, the N.C. Court of Appeals has held that corporations may not appear before the courts unless represented by counsel, except for cases in small claims court or to avoid the entry of a default in a higher court. Because a foreclosure proceeding requires the preparation and drafting of court pleadings and a court appearance, an incorporated HOA may not lawfully conduct its own foreclosure without an attorney.

Read more

Do HOAs have any clout in prohibiting sex offenders?

Q. We live in a small neighborhood in Union County with a volunteer board of directors. A few families are interested in adding a amendment to our covenants, conditions and restrictions (CCRs) prohibiting sex offenders from residing in our neighborhood. The board went to our attorney last year and was informed that we could spend the money to try to do this, but he doubted it would hold up in the courts if the sex offender is registered and living by the law. Your advice?

Dealing with residents who are convicted felons or sex offenders is a growing concern. It is possible to ban such persons from renting a home by amending the CCRs to adopt specific leasing restrictions that give the HOA board the authority to approve or reject all proposed leases.But attempting to ban such persons from purchasing a home likely would be found unenforceable by the courts. While felons and sex offenders are not considered a “protected class” under anti-discrimination laws, it is possible that a restriction that prohibits sex offenders from purchasing a home in your community would not be upheld by the courts, or worse, expose the HOA to a potential civil rights claim.

Read more