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PCA laws can apply to pre-1999 communities
For 15 years, some owners of multiple lots in a McDowell County subdivision received breaks on their homeowners’ association dues that weren’t intended for them. Predictably, many of them resisted in 2012 when The Crossing at Sugar Hill’s HOA began billing them for each lot, pursuant to the developer’s 1997 declaration that only individuals purchasing […]
Real Property — Pre-1999 Subdivision – Planned Community Act – Declaration Amendment
Kimler v. The Crossings at Sugar Hill Property Owner’s Association, Inc. (Lawyers Weekly No. 011-255-16, 12 pp.) (Chris Dillon, J.) Appealed from McDowell County Superior Court (Alan Thornburg, J.) N.C. App. Holding: Even though the defendant-homeowners association (HOA) was formed prior to 1999, there is nothing in the subdivision’s declaration or articles of incorporation which […]
Real Property — Homeowners Association – Corporate – Derivative Action – Civil Practice – Standing – First Impression
Anderson v. Seascape at Holden Plantation, LLC (Lawyers Weekly No. 15-07-0541, 32 pp.) (Lucy Inman, J.) (Robert Hunter Jr., J., concurring in the result only) Appealed from Brunswick County Superior Court (W. David Lee, J.) N.C. App. Holding: Since the executive board of a property owners association has filed the same claims against the same […]
HOAs need to dot their I’s, cross their T’s, court rules
A recent decision by the 4th U.S. Circuit Court of Appeals checks the purse-string power of homeowners associations by ensuring HOAs comply with the state’s Planned Community Act when assessing liens. In an unpublished opinion, the appeals court held that any claim arising from an assessment lien held by a homeowners association must be perfected […]
Real Property — Homeowners Association – ‘Sub-Association’ – Civil Practice – Standing
Chappell v. Wyngate Homeowners Association, Inc. (Lawyers Weekly No. 14-16-0997, 12 pp.) (Rick Elmore, J.) Appealed from Wake County Superior Court (Robert Johnson & William Pittman, JJ.) N.C. App. Unpub. Holding: When defendant admitted in its answer that plaintiff The Park at Westgate Townhouse Association, Inc. (Park) is a “sub-association” of defendant, defendant thereby admitted [&hel[...]
Real Property – Subdivision Roads — Maintenance Responsibility – Deed – Developer to HOA
Carolina Coast & Lakes, Inc. v. The Shores at Land’s End Homeowners’ Association, Inc. The provisions of the deed from the developer to the homeowners’ association could be read to transfer responsibility for upkeep of the subdivision’s roads to the HOA immediately or only when the roads were eligible for takeover by the N.C. Department of Transportation – which has yet to[...]
Real Property – Foreclosure – Civil Practice – Void Judgment – Transfer Set Aside
In re Proposed Foreclosure against Zheng After the trial court determined that the respondents’ homeowners’ association failed to give respondents proper notice of the foreclosure on respondents’ property, the trial court could set aside the sale of respondents’ property to the appellant-purchaser according to the interpretation of G.S. § 1-108 set out in Town of Cary v. Stallin[...]
Trusts & Estates – Real Property – Easements – Civil Practice — Statute of Limitations – Breach of Contract
Bissette v. Harrod Plaintiffs waited too long to try to enforce a contract for conveyance of an easement, and plaintiffs can’t enforce the contract under the longer statute of limitations applicable to trust claims.
Real Property – Planned Community – Homeowners’ Association – Assessment Authority
Williams v. Biesecker A subdivision's covenants did not expressly state that its homeowners' association (HOA) was authorized to collect assessments to pay expenses other than those for road maintenance; nevertheless, the HOA has that authority under G.S. § 47F-1-102.
Swain County HOA wins $2.4M verdict in defective roads dispute
A western North Carolina homeowners association has been awarded $2.4 million in compensatory damages in a dispute over defective roads - a verdict that may be the largest ever in Swain County, an attorney associated with the case said. Jurors returned the verdict on Feb. 17 after a two-week trial. The Alarka Creek Properties Homeowners Association sued Cane Creek Development Corporation of Bryson[...]
Real Property – Homeowners’ Association – Injunction – Improvement – Modification of Improvement – Repair – Restrictions
Wills Grove Homeowners Association v. Yaeckel. Because the construction of an extension of her home's foundation constituted a repair, and not an improvement or a modification of an improvement, the defendant did not need the homeowners . . .
Civil Practice – Rule 11 – Sanctions – Homeowners’ Association – Notice
Vintage Condominiums Association, Inc. v. Richardson. (Lawyers Weekly No. 10-16-1196, 14 pp.) (Martha A. Geer, J.) Appealed from Union County Superior Court (W. Erwin Spainhour, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: The trial court did not err when it denied the defendants’ motion for Rule 11 sanctions […]
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