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chevron_rightWhat is a Homeowners Association (HOA)?
A Homeowners Association is comprised of two or more homeowners that belong to a mandatory membership organization for the maintenance of commonly owned real estate and improvements and regulations of privately owned property in a given area. New community developments are often required to form a nonprofit corporation charged with maintaining common areas within the development. These are commonly called homeowners or community associations. HOAs are responsible for managing community finances and enforcing the guidelines in their by-laws, covenants and community rules. Collecting unpaid assessments, enforcing the association's governing documents, handling disputes and dealing with contractors are just a few of the issues HOAs face on a daily basis.
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chevron_rightWhat types of things can an HOA regulate?
An HOA's exact responsibilities and powers can be determined by consulting its governing documents, such as the Articles of Incorporation, By-Laws and Covenants. Parts of these will describe the workings of the HOA itself, but the rest describes what it can do, when and how.
Its authority may cover things like the maintenance and upkeep owners are expected to meet as members of the HOA. Part of living in the community typically includes agreeing to keep a home, its lawn and surrounding property in good condition. Rules may limit new construction, so residents likely need permission if they wish to erect a fence or other exterior feature. Rules may apply to parking spots, landscaping and other aspects of the neighborhood.
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chevron_rightWhat are the governing documents?
The term “governing documents” is used as a general reference to the entire group of legally recognized paperwork that creates and controls a condominium project or planned development. The governing documents typically include Articles of Incorporation, By-Laws, Declaration of Covenants, Conditions and Restrictions (CC&Rs), Rules, and a parcel map of the community.
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chevron_rightHow do the Community Rules relate to the other governing documents?
The Governing Documents empower the homeowners association to adopt Community Rules and give the Rules the same binding power as the Covenants. The Rules often provide usage restrictions relating to alterations, signage, waste disposal, parking, pets, and recreational facilities. The Community Rules may provide additional detail about topics that are only briefly covered in the Governing Documents. HOA Rules are usually enacted after some of the units or lots have been sold and the owners have taken control of the association. They are not subject to any governmental review and do not need to be filed or recorded with any governmental agency.
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chevron_rightWhat is the difference between the HOA and the Board of Directors?
The HOA consists of all owners that own a property within the geographic boundaries of the community. Each and every owner is a member of the HOA. Membership is not optional. The Board of Directors consists of those owners who have been elected to conduct the day-to-day business of the HOA and make the decisions that affect all homeowners.
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chevron_rightCan I attend board meetings?
Yes, all board meetings are open to homeowners. Board meetings follow a structured meeting agenda and are held to allow the Board of Directors to discuss business affairs and make decisions on behalf of the association. Occasionally, the board convenes into a closed executive session to discuss legal and financial matters that are sensitive in nature; this portion of the board meeting is not open to homeowners.
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chevron_rightWho determines how my dues are spent?
The HOA's Board of Directors makes this determination each year when it develops a budget. Some expenses are ongoing such as landscaping, utilities, insurance, pool, tree removal, and cleaning gutters. Others occur less frequently and may require a special assessment. Replacing roofs, paving, painting, and replacing the pool liner are examples of a special project.
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chevron_rightCan the HOA put a lien on a homeowner's property for failure to pay an assessment?
Under North Carolina law, the HOA can place a lien upon a homeowner's property for failure to pay assessments and may foreclose upon that lien if the owner still refuses to pay past assessments. A lien may also be placed on the property for failure to pay fines properly imposed upon the owner; however, the lien foreclosure process for fines is more complicated and cumbersome.
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chevron_rightWhy do I need architectural approval from the HOA?
Per the Governing Documents, any alteration to the exterior of your home requires approval from the Board of Directors. Examples of exterior changes include building a deck, changing the color of your home, changing the color of your front door, adding onto your home, adding an outbuilding, or making a major landscaping change. Please use the Architectural Change Request Form to submit this type of request.
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chevron_rightMy neighbor is playing loud music and having a loud party, what should I do?
First, contact the relevant neighbor(s) to try and resolve the issue together. If that fails, please reference the following information from the City of Raleigh website.
The City of Raleigh noise ordinance (RCC 12-5007) is in effect from 11 p.m. to 7 a.m. (nighttime hours), local time. This covers any noise that is unreasonably loud such as amplified music, shouting, firearms, building construction, or animals (with habitual or frequent sounds like crying, howling, or barking). If you're dealing with a noice issue during these hours, please contact the Raleigh Police Department at (919) 831-6311.
The City of Raleigh also places limits on loud music coming from automobiles. Under the ordinance, music must be contained to a distance of no more than 50 feet from the vehicle. Covered under the law are: radios, stereo receivers, cassette tape players, compact disc players and other similar devices. The ordinance particularly is aimed at motorists who drive through residential areas playing loud music.
There is a 24-hour loud noise ordinance (RCC 12-5006), however, a police officer must receive information as to how the disturbance is specifically being a “detriment to the life or health” of the complainant. This makes it more difficult to enforce before 11 p.m.
Violation of the noise ordinance is a misdemeanor that carries a jail sentence of up to 30 days and a maximum fine of $500.
The City of Raleigh noise ordinance cannot be enforced by the HOA or the Board of Directors.
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chevron_rightChildren are loitering in my yard, leaving trash on the ground, and trespassing on my patio, what can I do?
First, find out where they live and discuss the issue with their parents. If this does not work contact the appropriate law enforcement agency.
Loitering, littering, and trespassing are civil laws that cannot be enforced by the HOA or the Board of Directors.
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