HOA is threatening to put a lien on property

[janereel]

What is the name of your state? NC
I live in a residential neighborhood with a covenant. Now the HOA is telling people that they must pay the dues, or they will legally put a lien on your property that will affect all future credit. The original and unamended constitution states every owner or owners within the boundaries of deed and plat as recorded... "shall be entitled to request membership in the Association."
I interpret this to mean that I, the homeowner, have the choice to be in the homeowner's association or not.
I am presently a member, but I have issues over this threat especially since the HOA pretty much makes rules and regulations and puts up lights at Christmas.
So, do they have the legal right to do this according to the HOA constitution? And if they decide to amend it, is there a "grandfather clause" to protect those of us who became homeowners prior to the amendment?
ThanksWhat is the name of your state?

 

[divgradcurl]

What is the name of your state? NC
I live in a residential neighborhood with a covenant. Now the HOA is telling people that they must pay the dues, or they will legally put a lien on your property that will affect all future credit. The original and unamended constitution states every owner or owners within the boundaries of deed and plat as recorded... "shall be entitled to request membership in the Association."
I interpret this to mean that I, the homeowner, have the choice to be in the homeowner's association or not.
I am presently a member, but I have issues over this threat especially since the HOA pretty much makes rules and regulations and puts up lights at Christmas.
So, do they have the legal right to do this according to the HOA constitution? And if they decide to amend it, is there a "grandfather clause" to protect those of us who became homeowners prior to the amendment?
ThanksWhat is the name of your state?

You can't base an answer just on one line of an amendment taken out of context -- you need to read the entire amendment in light of the original covenants to see if you might have an "out." Your best bet would be to take all of your paperwork down to a local real estate attorney, who can advise you accordingly.