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Tag Archives: regular

Don’t expect HOA to take care of every problem

Q. My home sits next to a common area. According to the HOA covenants, it is the responsibility of the HOA to maintain the common areas. As it stands now I mow most of the common area beside my home (the HOA’s landscaper only mows about 10 to 15 feet back from the road).

However, the common area behind my home, which consists of thick, heavy brush, is not maintained by anyone. Over the last few months the brush has grown rapidly and is now encroaching into my yard. I contacted the HOA, and they informed me that it is not in the budget for them to maintain this area, and that others within the community with common areas around their homes maintain those areas themselves. I find this in direct contradiction of what the covenants state. Am I correct in my interpretation and assumption that this is the HOA responsibility?The two basic functions of most HOAs are to enforce the community’s restrictive covenants and maintain the common areas.

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Handling HOA business by e-mail

Q: Can the board of an HOA handle any items via e-mail and have those acceptable as legal actions? I am wondering if the approval of meeting minutes can be handled via e-mail rather than waiting for the next meeting. If so, they could then be posted on our Web site and not be held up for the next meeting’s action.

If your HOA is organized as a nonprofit corporation as most are, it is governed by the N.C. Non-Profit Corporations Act (Chapter 55A of the N.C. General Statutes). The laws authorize a board to take action by majority vote at a board meeting.There is no substitute for the open exchange of ideas that occurs at a face-to-face board meeting. However, in recognition of the fact that decisions sometimes need to be made between regular board meetings, the laws also authorize the board to take action without a meeting, provided there is unanimous written consent of the directors.

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