Tag Archives: revised

HOA’s rules aren’t being enforced

Q: We live in a Charlotte townhome community. In 2010, the HOA board revised the community’s existing “Rules & Regulations,” taking special care not to be in conflict with the decade-old Covenants, Conditions and Restrictions (CCRs). Prior to implementation, all owners signed for the hand-delivered, revised Rules & Regulations booklet (including a notice of the rule changes) along with a letter announcing a monthlong transition period to the new rules.

 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?

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The Federal Housing Finance Agency (FHFA) has issued a revised draft of their proposed regulation on deed-based transfer fees. Their revisions reflect the comments expressed by CAI and its members. CAI expressed strong concerns over FHFA’s assertion that such fees do not benefit community associations. The new draft proposal will be open for public comment for 60 days and CAI will follow up with a full analysis and sample comments.


In August of 2010, FHFA issued draft guidance which would have prohibited Fannie Mae and other mortgage finance entities from purchasing any mortgage for property with a deed-based transfer fee. FHFA included deed-based transfer fees charged community associations. Since nearly half of all community associations charge such fess, the proposal, if adopted, would have rendered up to 11 million homes in community associations unmarketable by cutting off most mortgage financing.

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