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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I have a question regarding an HOA deviating from a

Customer Question

I have a question regarding an HOA deviating from a provision in the Covenants governing that HOA. I had several deceased shrubs that the builder would not replace stating they only cover them for 30 days. The HOA finall replaced them and then sent me a letter stating they will no longer replace dead itmes because it is too costly. I replied and asked how "someone" can arbitrarily not abide by a legal document without it being modified and approved by 80% of the owners (as stated in the covanents). Never received a reply. I have several more dead shrubs and would like them replaced.I have only been in the home for 11 months so it's not like the shrubs have been here for many years. Should i just send the HOA an email stating I want them replaced and see what their response is or what. I can send you their letter and my reply if that would clarify the situation.
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: I am in High Point, NC.
JA: Has anything been filed or reported?
Customer: Nothing as far as I know except for their letter and my email reply.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I guess not.
Submitted: 1 month ago.
Category: Legal
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is there something in your Bylaws or CCRs that state that the HOA is responsible for replacing any dead shrubbery?

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thanks

Barrister