rockcity
everyday is a chance to get better
- Joined
- Apr 10, 2005
- Location
- Greenville, NC
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I agree with you partially. I did read the covenants when I bought the house, and I am fine with that, but the new rules they come up with on the fly, is not in writing in the covenants I originally agreed to. I don't know if that is illegal or not, but I have owned the home for about 8 years, and there are many things they say in HOA meeting that we need to do but have never signed an updated covenants and they do enforce those new laws. I am glad you have a cool HOA, makes life easier for sure. Its sad when I want to plant a Japanese Maple, or a Cherry Blossom in my yard, I have to get 5 neighbors signatures and approval from the HOA. I think that is extreme. Its not like I want to paint my house hunter orange, but the approval process is a hassle.
Your covenants should state how the rule process is developed and approved. Usually, rules have to be proposed at a meeting of the members (homeowners), once quorum is met, only then can a new rule get approved. New rule approval process is usually required to be voted on and approved by a certain percentage of members. Ours is minimum is at least 75% approval at the meeting once quorum is met. You should have something similar. And, at any meeting, you have the right to bring up issues and the process. Typically the board can't just make rules without approval from all the members... If this is happening, bring it up and rally neighbors to have it changed. The Board works for the members (or at least it should...).
As far as legality, if your Board is making rules without proper procedures, the rules are null and void. Updated covenants are supposed to be filed with the Register of Deeds. Request the meeting minutes that caused the new and odd/restrictive rules to be developed. Its your right, look into it. Legally, you are only required to follow the covenants (and ammendments) as they appear at the Register of Deeds. If they are trying to enforce rules that are not filed, its a loosing battle. They won't (or shouldn't if they are smart) take you to court for not abiding by rules that aren't ammended properly as if you bring up the legal Covenants that don't have the rules, they are not going to win any lien, etc.
Is your HOA self managed or 3rd party managed? Many managing companies work off of base plus commission on fines or paperwork. so, they typically encourage fines and letters to be sent out; because they make more $.
Hope this helps.