ARTICLES

 

Homeowners' Associations Can Provide Benefits
Do you have a neighbor who runs an auto-repair business out of his driveway, leaving junked cars scattered over his yard? How about an amateur racecar driver down the street who likes to tune his extremely loud engine at 1 a.m. ..
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How to Collect Delinquent HOA Dues
What options does an HOA have when a homeowner has not paid their dues? Read more

Persistence Usually Gets HOA to Act on Problems
What can you do if your HOA board fails to enforce the restrictive covenants governing your neighborhood? Read more

Developer Won't Give Up Control of Neighborhood
How long does a developer have control of the neighborhood and can you force them to relinquish control to the HOA?
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Are Members Entitled to HOA Records?
Is your homeowners association required to provide you with the name and address for all members/owners of the association?
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Do Developers Have to Pay HOA Dues?
Are developers responsible for paying HOA dues on the lots they own? Read more

Flip-Flopping HOA Board May Owe Homeowner
Can an HOA approve a home renovation and then make changes to their approval after the renovation has started at the homeowners expense? Read more

Get Legal Help Limiting Rentals Amid Condo Units
Does the presence of rental units depreciate home values in a development and is it possible to limit the homes that are used as rentals? Read more

Real Power Non-Existent in Some Associations
Are there state guidelines or requirements for homeowner associations? Read more

Flooding Launches a Border War, HOA Action
What option does an HOA have when a homeowner is violating the CCR's but refuses to remedy the situation? Read more

Handling HOA Business by E-Mail & Amendments to CCRs
Can the board of an HOA handle any items via e-mail and have those acceptable as legal actions?
How many homeowners must agree on an amendment before the CCRs can be changed? Read more

Do HOAs have any clout in prohibiting sex offenders?
Can an HOA prohibit sex offenders from residing in the neighborhood? Read more

Get Advice from Expert on Reserve Fund Needs
Do you suggest hiring a professional to have a reserve study done and are there reserve requirements in North Carolina?
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Know How Ballot, Proxy are Different
This column by Michael Hunter, which was published in the Charlotte Observer and the Raleigh News & Observer, explains some of the topics and jargon that arise in connection with membership meetings.  Read more

What Happens to HOA when Developer Folds?
If a developer declares bankruptcy or goes into foreclosure is the HOA responsible for paying dues and property taxes on the unsold properties? Read more

Are Unpaid Dues Protected in Bankruptcy?
Is the debt of uncollected HOA dues considered secured or unsecured debt? Read more

Condo Parking Space Hog
What can be done when a homeowner parks a car with no tags in his assigned parking space and uses the guest parking spaces for his other vehicles? Read more

Homeowner Wants to Change HOA Board
What can a homeowner do when the activities of an HOA Board are suspect? Read more

Can HOAs Hire Bill Collectors for Dues?
Is it legal for homeowner associations in North Carolina to use collection agencies to collect delinquent dues? Read more

It's a Bad Idea to Hire Residents for HOA Work
Is it a violation for an HOA to enter into a vendor contract with a resident or HOA board member? Read more

Best Bet is to Use Attorney for Filings
Is it possible for an HOA to file a foreclosure on a residence without an attorney? Read more

Check Bylaws for how to Boot Board Directors
If the expulsion of a board director is in violation of the HOA's bylaws can it be enforced?

Should homeowners who have opted out of the HOA and the monthly dues be responsible for being part of the HOA and paying their share of maintenance and upkeep for the community? Read more

Don't Expect HOA to Take Care of Every Problem
Is it the responsibility of the HOA to maintain the common areas. Read more

Is Foreclosure Best Option to get Debt Paid?
Is foreclosure the best option to get an HOA debt paid or is there a better way? Read more

Two-Family Rental May Violate Codes
If restrictive covenants state that homes are for single-family use only what recourse does an HOA board have if a home is being used for multi-family purposes? Read more

Boards Have Broad Discretion on Surplus
Does the HOA Board have the authority to spend, without membership approval, any surplus assessment income? Read more

Attention: It's HOA 'meeting season'
Michael Hunter talks about this topic in the Charlotte Observer and the Raleigh News & Observer. Read more

Can we Change Annual Meeting Date?
Is the HOA Board required to have the annual meeting on the date that is stated in the bylaws? Read More

Trying to Figure Out Assessment Charges
Can an HOA Board charge "special" or "specific" assessments without homeowner apporval? Read more

HOA's Restriction on Pool Use is Legal
Can an HOA limit the number of people from each household who use the community pool? Read more

Must an HOA Allow Therapy Dogs and Handicap Ramps?
Must an HOA allow therapy dogs and handicap ramps? Read more

Proxy Default Keeps Same Leaders In Charge
Michael Hunter answers questions surrounding the format of HOA proxies. Read more

What Your HOA Should Know About the Foreclosure-to-Rent Strategy
Michael Hunter is quoted in an article from HOAleader.com. Read More

How Should an HOA Divide Repair Costs?
Michael Hunter contributes his expertise on dividing repair costs with readers of HOAleader.com. Read More

Here's Heads Up on Pending Association Bills
Michael Hunter updates us on four bills pending in the N.C. General Assembly. Read More

Who Should Pay Assessments on Lots?
Michael Hunter answers this question in the Saturday, June 4th, 2011 edition of The Charlotte Observer. Read More

Water Heater Damage is a Common Condo Issue
Michael S. Hunter responds to the issue of amending HOA Declarations based on a common problem with water heaters, in his regular column in the Charlotte Observer. Read More

New HOA Legislation Will Take Effect Oct. 1
Michael S. Hunter reviews new HOA bills underway in our state government, in his regular column in the Charlotte Observer. Read More

Get Input Before You Start Changing the Parking Rules
Michael S. Hunter encourages community input before implementing changes to HOA declarations, in his regular column in the Charlotte Observer. Read More

New Guidelines in Place for FHA-backed Condo Loans
Michael S. Hunter discusses new provisions for FHA-backed condominium loans, in his regular column in the Charlotte Observer. Read More

New guidelines in place for FHA-backed condo loans
Michael S. Hunter discusses new provisions for FHA-backed condominium loans, in his regular column in the Charlotte Observer.
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Must an HOA have Articles of Incorporation or Bylaws?
If an HOA has neither Articles of Incorporation nor Bylaws are they operating illegally? Michael Hunter answers this question in the Charlotte Observer and the Raleigh News & Observer.
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VA loan doesn't exempt home from HOA rules
Is a property exempt from HOA covenants if it is a VA Guaranteed Loan? Michael Hunter answers this question in the Charlotte Observer and the Raleigh News & Observer.
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Enforcing neglected provisions fairly
Michael Hunter addresses this topic in his regular article in the Charlotte Observer and the Raleigh News & Observer.
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Boards behaving badly
"Can homeowners' association board members be removed from office for lack of service?" Michael S. Hunter answers this question and more in his regular column in the Charlotte Observer and the Raleigh News & Observer.
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Three most common issues that crop up with HOAs
Michael Hunter addresses the three most common HOA issues in the Charlotte Observer and the Raleigh News & Observer.
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Enforcing neglected provisions fairly
Michael Hunter addresses this topic in his regular article in the Charlotte Observer and the Raleigh News & Observer.
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Common mistakes of HOA boards of directors
Michael Hunter addresses the most common mistakes of HOA boards of directors in his regular column in the Charlotte Observer and the Raleigh News & Observer.
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More common mistakes that HOA boards make
Michael Hunter addresses more common mistakes made by HOA boards, in his regular column in the Charlotte Observer and Raleigh News & Observer.  Read More

SC association laws differ from NC's
Michael Hunter directs the most recent question, regarding differences in SC and NC HOA laws, to Cynthia Jones for her answer in his regular column Association Answers published in the Charlotte Observer and the Raleigh News & Observer.
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Legislators hear both views of HOA boards
Michael Hunter speaks on recommended changes to laws affecting HOAs in his latest Association Answers column in the Charlotte Observer and Raleigh News & Observer.  Read More

Disability Can Lead to Rule Exemption
What action can or should an HOA take to accomodate someone with a disability? Michael Hunter addresses this question in his latest Associations Answers column published in the Charlotte Observer and Raleigh News & Observer. Read More

Can a Husband and Wife Serve on the Same HOA Board?
Michael Hunter answers this question in his latest Association Answers column published in the Charlotte Observer and Raleigh News & Observer. Read More

Homeowners question proxy form for HOA election
Michael Hunter discusses questions surrounding the proxy form for HOA elections in his most recent column Association Answers, published in the Charlotte Observer and Raleigh News & Observer. Read More

Two Options for HOA income-tax returns
This week's question is answered by Gail Pizetoski, CPA and colleague of Mike Hunter. Association Answers discusses filing taxes for HOAs in the Charlotte Observer and Raleigh News & Observer. Read More

How to Tell If a Home is Part of an HOA
Michael Hunter explains this process in his most recent column Association Answers, published in the Charlotte Observer and Raleigh News & Observer. Read More

What to Do When an HOA Doesn't Enforce Its Rules
Michael Hunter discusses this topic in his most recent column Association Answers, published in the Charlotte Observer and Raleigh News & Observer. Read More

Key Provisions of New NC HOA Legislation
Mike Hunter discusses the interim report from the N.C. General Assembly's House Select Committee on Homeowner's Associations in his latest column, Association Answers, published in the Charlotte Observer and Raleigh News & Observer.
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Must Vendor Contracts Be Disclosed to HOA Members?
Mike Hunter answers this question in his latest Association Answers column published in the Charlotte Observer and Raleigh News & Observer. Read More

Are HOA Board Members Protected From Lawsuits?
Mike Hunter answers this question in his latest Association Answers column published in the Charlotte Observer and Raleigh News & Observer. Read More

Got HOA Questions? Here's Where to go Online for Answers
Michael Hunter directs readers to useful online resources for questions relating to HOAs, in his regular column Association Answers, published in the Charlotte Observer and Raleigh News & Observer. Read More

HOA Leader Discussion Forum Series: When Can You Waive Your HOA's Rules?
This article is part of an ongoing series in which quesitons from HOAleader.com's discussion forum were answered by Michael Hunter and other experts who specialize in association management. The first in this series addresses whether boards can waive compliance with HOA rules -- including whether it's a good idea and what the risks are. Read More

Can Townhome Board Levy Fines for Rules Violations?
Mike Hunter answers this question in his latest Association Answers column published in the Charlotte Observer and Raleigh News & Observer. Read More

How To Decipher HOA Pet Rules
Michael Hunter discusses this topic in his most recent column Association Answers, published in the Charlotte Observer and Raleigh News & Observer. Read More

Can Residents Form an HOA on Their Own?
Michael Hunter answers this question in his most recent column Association Answers, published in the Charlotte Observer and Raleigh News & Observer. Read More

Lot Owner Miffed About Entrance
Mike Hunter discusses this topic in his latest Association Answers column, published in the Charlotte Observer and Raleigh News & Observer, Saturday, September 15, 2012. Read More

FHA Issues Revised Condo Lending Guidelines
Mike Hunter highlights the Federal Housing Administration's most recent revisions to the guidelines for condominiums seeking approval for FHA-backed mortgage loans in his latest Association Answers column published in the Charlotte Observer and Raleigh News & Observer. Read More

Homeowner's Drain Tile Trenches Wreak Havoc in Neighbors' Yards
Mike Hunter discusses the potential violation of Homeowners Association rules and possible other legal concerns surrounding a neighbor's erosion causing drainage system in his latest column, Association Answers, published in the Charlotte Observer and Raleigh News & Observer. Read More

What Happens to an HOA with No Board?
Mike Hunter discusses this question in his latest column, Association Answers, published in the Charlotte Observer and Raleigh News & Observer. Read More

A Few Residents Want to Build a Tennis Court
Mike Hunter addresses concerns over common areas in his latest Association Answers column, published November 7, 2012 in the Charlotte Observer and Raleigh News & Observer. Read More

HOA is stuck with the fees when units are in foreclosure
Mike Hunter addresses whose responsibility it is to pay HOA fees on units while they are in foreclosure in his latest column, Association Answers, published November 29, 2012 in the Charlotte Observer and Raleigh News & Observer. Read More

Can HOA's collect transfer fees?
Mike Hunter answers this question in his latest Association Answers column, published December 13, 2012 in the Charlotte Observer and Raleigh News & Observer. Read More

New Year Resolutions for HOA Boards
Mike Hunter details the top 5 resolutions that every person serving on an HOA board should make this year to more effectively and successfully govern the association, and reduce unnecessary HOA disputes in his latest Association Answers column, published January 5, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

Can Charlotte HOAs prevent on-street parking?
Michael Hunter answers this question in his latest Association Answers column published Thursday, January 17, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

Can N.C. HOAs charge interest on late payments?
Michael Hunter answers this question in his latest Association Answers column published Thursday, January 31, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

Can HOA board forgive unpaid assessments?
Michael Hunter answers this question in his latest Association Answers column published Thursday, February 15, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

Should HOAs perform a full audit every year?
Michael Hunter answers this question in his latest Association Answers column published Thursday, February 28, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

HOA Rental Fees and Recovery of Lien/Foreclosure Costs
Michael Hunter addresses these issues in his latest Association Answers column published Thursday, March 14, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

HOA Board Members, Officers, or Both?
Michael Hunter answers questions about the election of officers and directors and their respective terms and duties in his latest Association Answers column published Thursday, April 11, 2013 in the Charlotte Observer and Raleigh News & Observer.
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Should we hire an HOA management company?
Michael Hunter answers this question in his latest Association Answers column published Thursday, May 2, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

Do HOAs have an expiration date?
Michael Hunter answers this question in his latest Association Answers column published Thursday, May 9, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

HOAs should explore liability with ‘watch’ programs
Kimberly Sullivan, one of our litigation attorneys and a colleague of Michael Hunter, discusses this topic in the latest installment of Association Answers published Thursday, May 23, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

HOAs must allow members to see financial info
Michael Hunter addresses this topic in his latest Association Answers column published Thursday, June 6, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

Are membership lists public?
Michael Hunter answers this question in his latest Association Answers column published Thursday, June 20, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

N.C. updates HOA laws
The North Carolina legislature recently passed some new laws that will impact homeowners associations (HOAs). Mike Hunter's colleague, Cynthia Jones, wrote a short summary of three of the laws that will become effective this year in Mike's regular column, Association Answers, published in the Charlotte Observer and Raleigh News & Observer. Read More

How long does the developer retain control of the HOA?
Michael Hunter answers this question in his latest Association Answers column published Thursday, August 22, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

Can an HOA have too many rules?
Michael Hunter answers this question in his latest Association Answers column published Thursday, September 5, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

Can you require HOA tenants to provide ID?
Michael Hunter's colleague, Bill Hamel, answers this question in the latest Association Answers column published Thursday, September 19, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

What should be included in HOA board minutes?
This week’s Association Answers column is answered by Jim Slaughter, an attorney with Rossabi Black Slaughter, P.A. Slaughter is a certified professional parliamentarian and a professional registered parliamentarian; www.jimslaughter.com. Read More

Can HOA board member e-mails be forwarded?
Mike Hunter's law partner, litigator Keith Nichols, answers this question in the latest installment of Association Answers published October 24, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

Do your HOA board members have insurance?
This week’s Association Answers column was written by David L. Hood III of Hood Hargett & Associates, Inc., an insurance agency based in Charlotte. Read More

Do local restrictions trump HOA rules?
Mike Hunter addresses the issue of priority of governing laws and documents in his most recent Association Answers column published November 14, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

Does HOA board member have right to employee handbook?
Michael Hunter answers this question in his latest Association Answers column published Thursday, November 28, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

State law allows for easy proxy voting
Michael Hunter discusses the legality of proxy voting in his latest Association Answers column published Thursday, December 12, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

When can HOA fine homeowners?
Michael Hunter answers this question in his latest Association Answers column published Thursday, December 26, 2013 in the Charlotte Observer and Raleigh News & Observer. Read More

What can HOAs do about 'inherited' problems?
Michael Hunter answers this question in his latest Association Answers column published Tuesday, January 7, 2014 in the Charlotte Observer and Raleigh News & Observer. Read More