Inactive HOAs in North Carolina

Question:

An HOA has not been collecting funds for over ten years, is this HAO still, the president who register the HOA was arrested two years after for froud. The common area its not been taking care, funds are not collected. However, some neighbors are still going by the amendments in the HOA covenants.
Is this HOA still active even though no one is actively running the HOA?
This is and HOA in Westwood Acres, Ashe County

– Onix

 

Answer:

Hi Onix,

An HOA can still be deemed active even if no one is actively running the HOA. You can restart your HOA by reviewing your governing documents and following the procedures stipulated. Here is an article that can help: https://www.hoamanagement.com/reinstate-an-hoa/

To terminate an HOA in North Carolina, the Planned Community Act states that “a planned community may be terminated only by agreement of lot owners of lots to which at least eighty percent (80%) of the votes in the association are allocated, or any larger percentage the declaration specifies. The declaration may specify a smaller percentage only if all of the lots in the planned community are restricted exclusively to nonresidential uses.”

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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