Archived
Hello - Can you tell me what can HOA do, if the attorney didn't collect the HOA fees during closing?
Markham's answer
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Answered on September 08, 2016
I don't have much information from your question but the answer depends upon how much information was available to the closing attorney at the time...
Archived
There is no clause in our HOA covenants regarding obstruction of view
Markham's answer
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Answered on July 27, 2016
It might depend on what the trees looked like when you took title to the property since you mentioned that the prior owner of your unit tried to...
Archived
How can the homeowners get control of HOA before the required number of lots are sold if the developer has abandoned the project
Markham's answer
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Answered on July 25, 2016
If the Association is governed by the North Carolina Planned Community Act, you would need to look first at the Declaration to determine the Period...
Archived
Do I have legal compensation for interior damage from water leaking from my neighbor's downspout.
Markham's answer
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Answered on July 20, 2016
It depends on how the Declaration defines "units" and "common elements" but I would suggest to you that the Association has a duty to maintain the...
Archived
Can the HOA forbid us from doing so. And what would be our recourse.
Markham's answer
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Answered on February 09, 2016
It would depend on what the restrictive covenants or rules and regulations state with regard to short-term leasing of the properties in your...
Archived
Can they legally count non returned ballots as yes votes?
Markham's answer
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Answered on February 08, 2016
Without reviewing the bylaws of the HOA, it is difficult to ascertain whether this ballot is valid to raise the HOA dues. However, I can't see how...
Archived
According to newsletter I received the other day, the HOA has demanded full payment of 2016 dues by Dec 1st of this year (2015).
Markham's answer
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Answered on October 21, 2015
The answer will all depend on what the documents say. Check out the Declaration of Covenants Conditions and Restrictions that cover your...
Archived
21 0f 33 units are not registered in HOA. What needs to be done to rectify this before 20 new builds begin?
Markham's answer
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Answered on March 05, 2015
It is impossible to determine who is responsible and what can be done to rectify with the information given but it sounds like a mess that may have...
Archived
Are there laws requiring a bank to dismiss the foreclosure suit after reinstatement?
Markham's answer
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Answered on February 09, 2015
The answer might depend on what stage the foreclosure process was in upon reinstatement. However, the lender might be in violation of the Fair...
Can the board of directors for a HOA add a $25 fee to the monthly association fee for pet owners who do not clean up pet feces?
Markham's answer
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Answered on February 03, 2015
The answer really depends on the language of the Declaration of Covenants and Bylaws of your Association but I would guess that those documents...
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