North Carolina HOA Ownership in Question

Question:

I live in a HOA that I purchased in 2006. In 2020 the HOA , Bear Run, was sold and the new owners say they are land owners like me.They bought the remaining 24 lots and want to pay only one lot Fee. Our deed says the original owner was to be paid our HOA dues of 300 per year and that was to be used for our roads and the shared road in. Since the new owners said they where only land owners , I started a HOA after talking to the original land owner. Our deed says he can pass on his duties as HOA although he never formed one.I formed a HOA and I sent out bills but no one has paid for 2 years. Now, the new land owner had a lawyer send people a email saying , since there is NO HOA that Bear Run should pay another HOA, Wolf Knob, our fees for the shared road in to our HOA. Our HOA is at the bottom of a shared road , Crystal Springs road, that the NEW HOA, Wolf Knob, has to use our half of the road to get to their land. WE do not use their upper half of Crystal springs, BUT now the new HOA wants us to pay the same as them for use of the road. So now our fee that was 155 a year for Crystal springs, is now 333 a year. More than our total HOA fee and we get no Bear Run Maintenance from it. The other 5 land owners paid but I have not.
I do not believe that we should now pay for part of the road we do not use. I believe that our fees should be half of what the upper HOA pays since they use our road PLUS their road. Am I wrong.
. My deed says to pay 300 a year total. It says to pay Bear Run HOA. 2 Years after I started bear Run HOA that is filed with the state, no one cares. Is my deed void since a new owner bought our HOA?
How can I make the new owners pay their share ?

– Richard

 

Answer:

Hi Richard,

No single person can own an entire HOA. An HOA is a self-governing organization run by the homeowners/residents of the community. In essence, every homeowner owns a part of the HOA. It is important that you review the exact terms of the HOA’s governing documents (articles, bylaws, and CC&Rs) to see if the HOA has the power to collect fees and the obligation to maintain common areas. As for Wolf Knob, make sure to check their community plat to confirm whether or not your homes are part of their HOA to determine if their HOA has a right to collect fees from you.

It’s also a good idea to hire a real estate attorney to decipher the documents, including your deed, to understand how to move forward.

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

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