Q: I own a home that is governed by the N.C. Condominium Act. In the recorded Declaration of Condominium, there is a specific section regarding animals. It prohibits commercial breeding and exotic animals, but specifically allows common household pets “including but not limited to dogs, cats, canaries, parakeets, etc.” After I bought my home, the HOA supplemented its rules and regulations to change the language in the recorded covenants to allow only two cats or two dogs and no more than four pets total. I am now renting the home and I have been told that my tenant, who has three dogs, is in violation. The dogs are small, each under 8 pounds, and they have not caused a safety issue for other residents. I always thought that rights afforded in recorded covenants could not be restricted by changes in the rules and regulations. Is this not correct?
I’ve heard the argument go both ways. “You know, if we taped our meetings and kept the tapes for posterity, we would have an accurate record, which would be much better than minutes,” says a new board member.A seasoned board member responds, “What are you talking about? Do you want everybody to hear all the remarks that are made at these meetings?”
Q. I just moved into a Union County community that had its homeowners’ association (HOA) formed in 1988. It was recently discovered that while the Articles of Incorporation and all the required updates of the covenants and restrictions are in order, apparently the bylaws of the HOA are not recorded in the county records.
Does this omission limit what the HOA can do in enforcement of the covenants and restrictions or dealing with any of the normal HOA management tasks? If so, what recourse is there for the HOA?First, let’s distinguish between the various governing documents for an HOA.