Most homeowners associations have some sort of architectural review process. Of these, many spell out how that review is supposed to proceed. Generally, the homeowner submits an application for some sort of change to the property, and the board of directors or an appointed architectural review committee (often abbreviated as the “ARC,” “ACC,” or “ARB”) will determine whether the submitted application will be approved. Many associations require some sort of drawing or rendering of what the change will look like, along with pictures or samples. This helps the ARC to understand how the proposed changes will look when completed. There … Continue reading
Author Archives: David Wilson
Non-Judicial Foreclosure in North Carolina: The Limited Scope of the Hearing Before the Clerk of Court in Condominium or Homeowner Association Foreclosures
Contrary to popular belief, most property owners fulfill their financial obligations to their association. As a result, the number of actual association foreclosures is very, very small. Of that percentage, almost nobody wakes up in the morning and decides to stop paying a mortgage or condominium or homeowner association dues. The facts of life, however, intervene. Taking care of loved ones who are sick, loss of a job, or other life-changing experiences happen more than one would expect. When a person is dealing with these difficulties and trying to make mortgage payments and pay homeowners association dues, it is an … Continue reading
Solar Panels, HOAs, and Condominiums in North Carolina
Our modern society is always looking for opportunities to limit our footprint on the environment and to increase sustainability in a modern world. Wind, solar, and other renewable resources are common topics of conversation. As part of this push, many states have enacted laws that encourage businesses and individuals to incorporate and use these technologies as a part of our everyday lives. For those of us who live in a homeowner’s association, we may or may not have rules that either allow or prohibit installation of solar panels. The first relevant date for a homeowner’s association in North Carolina is … Continue reading
Drafting Enforceable Restrictive Covenants
“Restrictive Covenants.” Hearing that phrase has made homeowners and their respective Boards of Directors cringe since the beginning of time. Everyone who has ever lived in a Homeowner’s Association is familiar with the idea that there are certain things you may and may not do with your property. If not, you might want to check into that. The original idea behind restrictive covenants was not some crazy person’s attempt to figure out a way to make homeowners’ lives more burdensome. Instead—as many association’s “Declaration of Covenants, Conditions, and Restrictions” lay out—the idea is to work together to increase the value … Continue reading