Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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?
No, this natural area was not designated by an amendment.
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?
I do not know what they are trying to say except refering to "natural area". Would the "limited common area" make a diference?
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).