Questionable Association practices

[asil00]

What is the name of your state (only U.S. law)? North Carolina

I am at the end of my rope hoping someone can point me in another direction. Having issues with my association. I have on multiple occasions requested a detailed accounting of the association financials but have been meet with various reasons as to why they can not be produced. Every few months the association comes at the residents with a new fee tacked on to dues for an assessment. The residents have no say in whether the assessment is a fair market price for the proposed work to be done or do we have a say in if we want the work to be done at all. The have taken our tennis courts and filled in our pool. When the meeting is set to vote on projects and residents attend, the board states the decision has already been made and we can not do anything. There are multiple units in my community that are for sale or in foreclosure as people have walked away unable to sell. One resident recently had an offer on her property but was told that a mortgage could not be issued on the property because the HOA did not have a certain amount funds in their account, hence my multiple requests for financials. To me this means that essentially the HOA is preventing people from selling their properties. Do I have any recourse? I want to sell and get out as the association is constantly nickle and diming the owners yet providing nothing in return. I have contacted a few attorneys in my area but can not find one willing to address my concerns.

 

[festival]

Check your HOA's Declaration and bylaws. You will probably find specific rules for financial record keeping and the procedure for how and when you can gain access, as well as access restrictions for reasons of owner privacy, etc. Put your request to the board in writing according to these rules.

In general, the board has authority over the budget, monthly assessments, contracting, and projects, but there are some limits. The board usually has to give yearly financial statements to all owners. You will find the guidelines in your Declaration and bylaws, and you can see if your board is violating anything.

You can also look at NC law, which is available online, and which requires most associations to keep records and provide access to most financial information.

 

[HomeGuru]

What is the name of your state (only U.S. law)? North Carolina

I am at the end of my rope hoping someone can point me in another direction. Having issues with my association. I have on multiple occasions requested a detailed accounting of the association financials but have been meet with various reasons as to why they can not be produced. Every few months the association comes at the residents with a new fee tacked on to dues for an assessment. The residents have no say in whether the assessment is a fair market price for the proposed work to be done or do we have a say in if we want the work to be done at all. The have taken our tennis courts and filled in our pool. When the meeting is set to vote on projects and residents attend, the board states the decision has already been made and we can not do anything. There are multiple units in my community that are for sale or in foreclosure as people have walked away unable to sell. One resident recently had an offer on her property but was told that a mortgage could not be issued on the property because the HOA did not have a certain amount funds in their account, hence my multiple requests for financials. To me this means that essentially the HOA is preventing people from selling their properties. Do I have any recourse? I want to sell and get out as the association is constantly nickle and diming the owners yet providing nothing in return. I have contacted a few attorneys in my area but can not find one willing to address my concerns.

**A: band together with other owners and hire the right attorney. It appears from your posting that the Board is not following the HOA rules and regs.