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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
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Experience:  25 years of experience in general practice, real estate law and estate law.
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95% of the open spaces behind the units in our Subdivision

Resolved Question:

95% of the open spaces behind the units in our Subdivision are seeded with grass & maintained. The other 5% are treated as "natural area" & not maintained. Shouldn't the open space behind the 5% of units be maintained in the same manner as 95% of other properties in the Subdivison?

Our Declaration reads: a) "Common Area" means all real property owned by Assoc.....Common Area shall also include all open spaces designated as such on the recorded plat for Subdivision... b) "Common Expenses" means expense of administration, maintenance.... of the Common Area....

All open spaces are designated as such on the recorded plat for Subdivision.

The Bylaws do not address this subject.

There is no mention of "natural area" anywhere.

Thank you.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 10 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you. Was this natural area designation created by an amendment?

Customer: replied 10 months ago.


No, this natural area was not designated by an amendment.

Expert:  Attyadvisor replied 10 months ago.

If there is no separate designation these areas would be treated as part of the common area.

I checked the Statutes and there is no natural area designation. Further there is nothing in the statutes that releases the Association from maintaining all common areas.

Are they trying to say this is a limited common area?

Customer: replied 10 months ago.

I do not know what they are trying to say except refering to "natural area". Would the "limited common area" make a diference
?

Expert:  Attyadvisor replied 10 months ago.

North Carolina laws are not very restrictive on the powers of the Association for a condominium or planned communities.

 

The NC Condominium Act Chapter 47C The NC Planned Community Act Chapter 47F

In fact there are very few requirements placed on the Board. In fact, North Carolina is one of the most lenient states in the Country. They do not provide owners with a lot of protection against the HOA.

If the board created a separate designation, such as a limited common area, they can provide different rules for those designations.



Our Declaration reads: a) "Common Area" means all real property owned by Assoc.....Common Area shall also include all open spaces designated as such on the recorded plat for Subdivision... b) "Common Expenses" means expense of administration, maintenance.... of the Common Area....
Based on the above language and under the requirements of both Acts the maintenance of the common areas is required.

 

 

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3444
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 4 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 10 months ago.
Thank you.

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