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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102584
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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How can I tell if my HOA has a grandfather clause? They changed

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How can I tell if my HOA has a grandfather clause? They changed the color scheme and are trying to force me to accept their repainting (they have exterior maintenance responsibility) of my trim in a new color. (Which also- the covenants say they can only enforce a rule for all the houses, but they individually selected the exact new color for each house, not just the group of colors and are telling me I cannot select another color from the group.)
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.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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