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Tag Archives: attorney

SC: Neighbors compel man to raze garage

The settlement, reached last week in the middle of a trial in front of Judge Joseph Strickland, brings to a close a year of tense litigation that turned neighbors into spies and increased homeowners association dues so much that it threatened the sale of one home. And it will cost homeowners thousands of dollars in attorneys fees.

Authors:…

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MD: State: Group meeting may be closed to the public

In response to a complaint by Ocean Pines resident Joe Reynolds, the consumer protection division of the Attorney General’s Office said the Facilities Planning Group created by OPA General Manager Bob Thompson was not a board committee, and therefore was not governed by open meeting rules.

Authors: Community Associations Network National

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Association answers

Michael HunterQ: Our HOA has no Articles of Incorporation on file with the state, and no bylaws. It only has a Declaration of Covenants that has nothing in it about electing board members. Does that mean that, under the Planned Community Act, the current board is operating illegally since there is nothing in the Declaration saying how they are to be elected? Would that also mean that any decision they made is invalid? I have minutes from 2008 to March 2011, but nothing about the current four board members’ election.

While the majority of HOAs are established as nonprofit corporations with the filing of Articles of Incorporation with the Secretary of State, it is permissible for an HOA to operate as an unincorporated nonprofit association under Chapter 59B of the N.C. General Statutes.

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