North Carolina HOA offers a wide range of HOAs, each with its own set of regulations and documents. To fully comprehend what responsibilities fall to them and how best to avoid issues in the future, homeowners are advised to speak with an attorney.
Right of Access
Homeowners has the right to view financial reports and HOA documents, such as budget reports, vendor contracts, board meeting agendas, minutes, membership lists, tax returns, and governing documents. In addition, homeowners have a right to a fair hearing if an HOA takes disciplinary action against them such as issuing fines or suspending privileges.
Rights to Solar
Under the FCC’s Over-the-Air Reception Device Rule, homeowners have the legal right to install solar panels, antennas, and satellite dishes on their rooftops if they are less than one meter in height. However, some Home Owner Associations (HOAs) may still have restrictions on roof placement; thus it’s essential to check if there are any.
Rights to Outdoor Sun Drying
North Carolina and several other states have laws that guarantee outdoor sun drying. Unfortunately, many HOAs restrict this activity due to its potential negative impact on the community’s aesthetic appeal.
However, a recent NC Supreme Court ruling safeguarded homeowners’ rights to outdoor sun drying. In June, the court held that the state’s 2007 law provides immunity against an HOA requirement to move solar panels out of sight which would “have the effect” of prohibiting them.
The ruling also clarifies that an HOA cannot deny public-facing solar unless their restrictive covenant expressly says so. This decision puts a stop to using architectural review committees as an arbitrary process for prohibiting rooftop solar installations.
Can an HOA Foreclose on My Home?
In North Carolina, homeowners with HOAs have the right to foreclose on a house or condominium when bills are 30 days or more past due. While this can be a devastating blow for homeowners, it is possible to avert foreclosure proceedings.
Powers of an HOA
One of the key functions of an HOA is its capacity to charge fees to residents and interest on late payments. These can apply to various items like association dues and assessments, fines from Architectural Control Committees, late fees, interests on late assessments payments, resident clubhouse, and facility rentals as well as easements or land use agreements.
Homeowners may find it challenging to pay their dues, which could ultimately lead them to lose their homes or face foreclosure on the property.
Trinity Rogers of Charlotte, unaware she was part of an HOA until a bidder called, has brought attention to this power. She did not know her home had been foreclosed until the board called her to make the payment.
Rogers ultimately prevailed in her fight against her HOA and emerged victorious. While winning can be frustrating, it’s essential to take steps as a homeowner when an issue arises with your HOA.