One of the most common housing arrangements in North Carolina is a neighborhood or community that is governed by a homeowners association (HOA).
HOAs often use fees to provide for things such as maintenance of shared property, signage, pools and other recreational areas. Neighborhoods with strong Raleigh HOA and reasonable fee structures typically experience higher resale values.
Rules and Regulations
HOAs and condominiums have rules or “covenants, conditions, and restrictions” (CC&Rs). These rules are drafted by the Board of Directors of a community to protect property values and keep residents in compliance.
The CC&Rs regulate the use and appearance of the buildings, grounds, and landscaping within a development. They also set rules for common areas, such as a swimming pool, play area or clubhouse.
In many cases, the CC&Rs also include bylaws that govern management and administration of the community. Bylaws can establish a board’s powers and responsibilities, and can set forth how meetings of the association are to be conducted.
Some laws also require that homeowners associations inform their members of their right to initiate a mediation. Associations must do this at least every year, and members have the right to request a mediator from the Mediation Network of North Carolina. If an association fails to comply with these laws, they may be subject to legal action.
Restrictive Covenants
When looking for a home in the Raleigh HOA, it is important to read through all restrictive covenants. Most communities are managed by resident elected boards who oversee and enforce the community rules and regulations.
One of the most important things to know about a covenant is whether it relates to common area or individual owner property. This can have a huge impact on the value of your property.
A community that has restrictive covenants on its common areas can regulate activities that happen on the common area such as pool rules. However, it cannot impose restrictions on what happens on an individual owner’s property unless it specifically has authority in the community’s restrictive covenants to do so.
This means that a resale buyer who purchased the property without knowing about the covenants is at risk of getting into an unjustified lawsuit when the community decides to try and enforce those rules against them. This could have a huge impact on the value of their property and could even cost them their home.
Assessments
HOA assessments, or owner dues, are the foundation of any community association. They help cover the costs of maintenance, repair, and improvements to the common areas.
Unfortunately, the costs can be unexpected and some associations don’t have enough money in their reserves to cover these expenses.
This can be very frustrating for homeowners in an association. They might be excited about a new fitness center or pool, but not if they have to pay a special assessment for it.
Fortunately, most homeowners’ association governing documents will provide for payment of assessments and provide rules and procedures for the imposition of special assessments.
If an owner has a question about the amount or method of payment for a special assessment, they should seek legal counsel. Depending on the governing documents, they may be entitled to request a review of the amount and method by the Wake County Department of Tax Administration. If this happens, they should follow the instructions for filing a request for review and submitting their argument to the department.
Management
While homeowners associations have many benefits, they can also be challenging to manage. This is especially true when board members don’t have the time or expertise to handle all of their duties.
Fortunately, an HOA management company can help with these tasks. By outsourcing the nitty-gritty work, your association can free up its members’ time and focus on what’s important to them.
For example, a management company can handle legal matters, collect fees, and resolve disputes without your association’s board members having to step in.
The right Raleigh HOA management company will offer a range of services to meet the needs of your association. It might include a website, online payment options, and real-time access to homeowner information.
You can also find companies that offer a la carte services, such as managing a community’s social media accounts or securing vendor contracts. However, before you choose a company, be sure to ask the right questions and take the time to compare different providers.
