A common interest community is a planned residential development where all properties are subject to a comprehensive private land use restriction that is regulated by a homeowners association (HOA’s). Homeowner associations are responsible for enforcement of the “plan and scheme of development.” For example, paint schemes, sheds, abandoned vehicles, satellite dishes, solar panels, unleashed dogs, farm animals, and even exotic animals are all conditions that may be enforced by a homeowner association.
However, the association may also be responsible for other aspects such as maintaining various amenities like pools, tennis courts, clubhouses, and miles of private roadways and acres of common areas. For larger communities, this requires collection of assessments from hundreds of owners, contracts with an array of vendors, and, in most cases, a professional property management company to deal with the many day-to-day issues that inevitably arise. Associations can have stormwater devices they maintain, escrow accounts they have to fund, and reserve studies they have to analyze to make sure accounts are sufficiently funded to meet the communities’ future needs. Homeowners associations are regulated not only by state statute but by the local government.
The law relating to homeowners’ associations is an area of great divergence. The lawyers at King Law can help you get a better sense of where you stand and help determine what can an HOA do. We invite you to come in and talk with one of our attorneys on the phone or in-person during a consultation. With offices all across the Carolinas, including Asheville, Brevard, Hendersonville, Marion, Hickory, Shelby, Gaffney, Spartanburg, Greer, and more we are conveniently located to serve you. Call 888-748-KING (5464) or visit our website to request a consultation.
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