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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118148
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I purchased a home in an area with an HOA. The HOA had

Customer Question

I purchased a home in an area with an HOA. The HOA had already voted to put in a different type of filter for a shared well before moving in. I never received notice of vote or copy of HOA papers. Can I still be held responsible for this expense? Live in NC
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if your HOA voted prior to you moving into the HOA to change the filter, then all homeowners can be still bound to that expense. Now, if this was done after you made the purchase on the home and did not get notice prior to the vote, you need to refer to the bylaws of the HOA, because NC law says they have to give notice of a meeting and vote in accordance with the bylaws. If they did not follow those bylaws, then you can sue to invalidate the vote (but you cannot refuse to pay, you have to invalidate the vote through court).
If they did follow their bylaws on the vote though, I am afraid that you would still be bound, even if you did not get the notice or papers I am sorry to say and that is the issue with these HOA matters, the laws pretty much make them autonomous and as long as they follow their bylaws there is nothing the owners in the HOA can do.