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Recent content by Ananisapta

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    Adverse Possession?

    "If no recorded easement, did anybody think to look up the owner of the property and ask for an easement? " I like this idea the best. Personally, I think some of our board are die-hard do-nothings looking for any excuse to block improvements.
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    Adverse Possession?

    In NC, our HOA is arguing about whether to rebuild the entrance to our neighborhood, including a new gate to replace the one that was installed decades ago. One argument that was raised is that we can't do anything because the current gate is outside the boundaries of the HOA (by a few feet)...
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    Outlaw HOA and Fifth Amendment Rights

    The $600 wouldn't bother me, but I wonder on what grounds could they claim that removing some ugly, probably dangerous, and obstructive trees on my property that could not be seen from other homes or highways, potentially improving my property value and theirs, could constitute an injury to my...
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    Outlaw HOA and Fifth Amendment Rights

    Thanks for the input! I guess I was confused about the Fifth Amendment aspect of this case. An HOA collects a sort of tax and uses it to fix roads, and it presumes to tell you what to do and fines you if you don't, so it sort of behaves like a government. Hopefully they'll see reason Tuesday...
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    Outlaw HOA and Fifth Amendment Rights

    We live in North Carolina and bought a four-acre wooded lot in a development that has a sort of HOA. They don't strictly follow NC 47f -- for example, they have yet to publish election info from more than a month ago and their website has not had accurate info on Board members for nearly a year...
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    NC HOA Failure To Respond to Application for Construction Permit (Tree-cutting)

    Unfortunately, no such luck. The covenants used by the developer were not very sophisticated and don't comply well with current law. I've been trying to get them changed for the past three years; this has been one of my most frustrating experiences.
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    NC HOA Failure To Respond to Application for Construction Permit (Tree-cutting)

    Thanks for the input! Here are some pertinent excerpts from the covenants: From the bylaws: From NC 47f:
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    NC HOA Failure To Respond to Application for Construction Permit (Tree-cutting)

    Is there anything in NC case law (or elsewhere) that would support my cutting down some of my trees when the homeowners' association board won't act on a written application to do so? We retired to a beautiful part of North Carolina, with a potentially breathtaking view of the Blue Ridge...
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    Webmaster Liability for Defamation?

    Thanks for further clarifications. My umbrella policy explicitly includes personal liability coverage except for that "Arising out of publication of material in any electronic format." This looks like a problem. Also possibly problematic is that my policy can be cancelled by the company for...
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    Webmaster Liability for Defamation?

    I'm a volunteer webmaster for my neighborhood association in North Carolina. We're getting ready to start a private forum for our members to debate issues of common concern, such as the new foundation documents that we'll be voting on in January. Some of these discussions have become acrimonious...
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    Collecting a Debt Across State Lines

    I live in NC and my brother lives in PA. His residence is probably more relevant than mine to this issue. He was doing well until about a decade ago, when something bad he'd done a decade previously caught up with him and he caught a felony conviction and a couple of years in jail. Released on...
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    My Leaves Are Littering My Neighbor's Property!

    What is the name of your state? North Carolina My neighbor wants me to help him clean the ditch between our properties, which lies entirely on his side of the line, because my trees are dumping a lot of leaves on it, filling up the ditch and clogging the culvert. Is this a legitimate beef?
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    If a Tree Falls...

    It used to be a stately Maple, but now it looks like it's only a matter of time before this large chunk of wood falls onto the common area normally maintained by our homeowners' association. Whether it sits on my lot or on a neighboring undeveloped parcel is not clear. It won't hit anybody or...
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    Withholding or Estimated Taxes?

    I live in NC. My only sources of income are Social Security and Required Minimum Distributions from my SEP/IRA and my wife's IRA. We file jointly. My broker offers to deduct state (4%) and federal (10%) withholding from transfers I make from our retirement accounts to our bank checking account...

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