There are few things more frustrating than dealing with a Homeowner’s Association. NPR estimates, “that as many as half of all North Carolinians live in neighborhoods governed by Homeowner's Associations.” Although the management of some HOA’s are outsourced to outside professional management groups such as Braesael Management Company, LLC, many HOA’s are run by volunteer homeowners.
Recently, the abusive power displayed by HOA’s in North Carolina has begun to trouble some people. According to WRAL.com, “HOA boards have the power to put liens on homes or foreclose on them if owners don't pay their membership dues and fines.” Homeowner’s are now starting to come forward with disturbing stories of HOA’s grossly abusing their powers. There have been reports of foreclosure as a result of failure to pay HOA dues, and of HOA administrators abusing the power of their position for their own personal vendettas.
It is important to note that HOA’s do serve a purpose. They serve as neighborhood watchdogs to make sure a neighborhood is aesthetically maintained; they administer the maintenance of roads, swimming pools, clubhouses, playgrounds, etc. However, any organization, no matter how well-intentioned, without proper checks and balances can, and many times will, abuse their powers. HOA’s are no exception to this rule and it is under this rationale that homeowners across Charlotte and the state of North Carolina have reached their breaking point and are demanding that something be done to check the power of HOAs in the state.
Currently, homeowners have very little rights when dealing with an HOA. One of the ideas that have been brought to state legislators is to add a “Homeowners Bill of Rights” to the state constitution.
Although steps have been taken to limit the power of HOAs; for instance, last year laws were passed that provided homeowners with 90 days to pay an HOA assessment as opposed to 30 days before and HOA could start foreclosing on a home. Many homeowners say that is too little too late and more needs to be done to limit HOA power.
A Homeowners Bill of Rights might make it harder for HOAs to do what they did to Irene Thiele. “…her HOA contract was changed after she bought her house to add services she never agreed to, doubling her fees.”
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