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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33741
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have not paid my HOA dues in 3 years because I asked, each

Customer Question

I have not paid my HOA dues in 3 years because I asked, each year, for information concerning the amount collected and how it was distributed and for what it was distributed. I recently received a letter from an attorney about my payment, which added another $100 to my bill. What are my rights in this case?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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From a purely legal perspective, their failure to provide an accounting of what HOA funds are used for wouldn't give you a legal right to withhold payment because the duty to account and the duty to pay the dues are completely separate issues.
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When you purchased a home, as part of that purchase, you agreed to pay the HOA dues when they were assessed according to the Bylaws of the HOA.
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The HOA's duty to provide information about what money is spent on is separate from the duty to pay the dues and if they are refusing to provide access to the records for you to review, then your recourse is to file suit against them for breaching their contractual duty to you as an owner for failing to allow access.
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Their duty to allow access to records is codified under NC §47F-3-118. Association records, and states:
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a) The association shall keep financial records sufficiently detailed to enable the association to comply with this Chapter. All financial and other records, including records of meetings of the association and executive board, shall be made reasonably available for examination by any lot owner and the lot owner's authorized agents as required in the bylaws and Chapter 55A of the General Statutes.
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thanks
Barrister
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