Q: I live in a townhouse complex. Neither our bylaws nor our Covenants, Conditions and Restrictions mention anything about fines for violations. Now our board of directors has decided to adopt a set of “rules” which they plan to enforce by levying fines for violations. Is this legal?
Q: We are researching how much leverage is afforded to our HOA board before starting lien and foreclosure proceedings on a condo unit that is in arrears on payment of HOA assessments. Does N.C. law allow an HOA to shut off the water to a unit that is past due on payment of association assessments, and when the owner has not responded to an offer of partial payment?
Condominiums offer a range of privileges and services to the unit owners, such as access to swimming pools and fitness centers, use of parking lots and garages, and the provision of utilities such as water. Those privileges are paid for by the assessments levied by the HOA against unit owners.
It has been months since the transition period has expired, and one owner has refused to comply with the revised rules and has threatened legal action, stating that he is only obliged to follow the rules that were in effect when he moved in. The board’s reaction has been to avoid confrontation and not enforce the revised rules. Are the new rules enforceable, regardless of when the owners moved in?
News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network