Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation.
This matter is not covered under the North Carolina General Assembly - General Statutes. There is no automatic 'grandfather' clause. It then becomes a matter of what is in the document that govern the HOA - the bylaws and the restrictive covenants
of the deed.
The way to see whether or not one is 'granfathered in' for an HOA bylaw is twofold:
1) Check the bylaws themselves to see whether or not there is a grandfather clause. One has the right to request in righting
the bylaws and charter of the HOA, and receive this in a timely response.
2) Check the restrictive covenants of one's deed to see if the language there provides any help. This would have to be done by checking the deed records at the county's Register of Deeds.
Unfortunately, selective enforcement
by a private entity is allowed. If they were a government entity, then they could not do this and it would be seen as a possible infringement of the Fourteenth Amendment's Equal Protection Clause.
However, this protection of selective enforcement being disallowed has not filtered down to the private sector. It is still allowed, provided that it is not based on discrimination like race, religion, etc. IF it is, then REPLY and we can discuss it then.
I hope this helps and clarifies. Good luck.
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