Question:
I’m a landlord and I have a tenant that has a child care business. She has been renting from me for a yr now. In June, the lady below her starting complaining about my tenant being really loud. HOA reached out regarding it. They didn’t give a time frame or mention that they were going to charge a fee. It is an older building so I have added more carpet on the floor back in June. Yesterday I received an email from HOA stating that they are going to fine us $100 a day until it’s resolved. As far as I know, it was resolved back in June b/c I didn’t get any further notices regarding the noise. HOA didn’t even reach out to me to see what changes were made. They sent a copy of the bylaws stating that they can fine us. I don’t see anything regarding noise and if they are singling out kids, then that would be discriminating. How should I got about it because they are being one sided.
– Sheelah
Answer:
Hi Sheelah,
According to the North Carolina State Fair Housing Act Section 41A-4, familial status is a protected class. The definition of familial status under Section 41A-3 also includes those under the age of 18 who are domiciled with designees of parents or other persons having custody, provided the designee has written permission.
However, whether the tenant is considered a “designee” under this section may depend on the specific conditions in which they run the childcare business. It may be best to consult a lawyer to determine whether or not the tenant is considered and whether this act applies to your situation.
As for the fine, if you live in a condominium and if the condo was created after Oct 1, 1986, then it is subject to the North Carolina Condominium Act Section 47C-3-107.1 which states that a hearing must be held before a unit owner is fined unless the governing documents outline a different procedure.
If you live in a planned community other than a condominium, a similar provision exists in the North Carolina Planned Community Act Section 47F-3-107.1. Kindly review the governing documents to verify whether there is a different process the association follows. This can clarify whether or not the association indeed has the power to impose fines without a hearing.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
