Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I live in North Carolina, in a small community of 15 lots with a HOA recorded with the state. The HOA has not held official elections or meetings for years, has not provided a budget for ratification by the membership (per the By-Laws), and does not enforce the By-laws in any way – with the exception of collecting dues and spending money as the “self-appointed” see fit. Now, they have filed a lien against my property for past dues and included legal fees in it. We have made repeated requests over the years in writing and in person for the HOA and all those “volunteering” to act in accordance with the By-Laws and CC&Rs to no avail. All our grievances have been ignored completely. There are by-law violations on all but two of the lots in the community, including all of the self-proclaimed “officers.” We are considering a lawsuit to halt the lien and force legal action upon the HOA and the individuals who have gone rogue with their self-assumed power. Do we have any other recourse??”
In most states, no, a lawsuit is your one form of enforcement against an HOA, since HOA’s are mainly creatures of contract. If there is another option in your state, your attorney should be able to inform you of it.
