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I live in a gated community with 42 miles of road. Over 50 %

I live in a...

I live in a gated community with 42 miles of road. Over 50 % of dues go to maintaining our roads. Can the HOA restrict certain vehicles, such as heavy equipment trucks or moving vans, due to non payment of dues?

Lawyer's Assistant: What state is this in? And how old is the truck?

NC

Lawyer's Assistant: Has any paperwork been filed?

The community was formed before 1999. The HOA is considering having the members get a permit before any of the vehicles are let in. If you are in the rears you can not get a permit.

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Answered in 3 minutes by:
9/20/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,101
Experience: 17 years real estate, Realtor. Landlord 26 years
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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If the HOA owns the roads and maintains them at their own expense, they can pass whatever rules they want on use as long as the matter is put to a vote of the members and it passes by the required percentage of votes set out in the Bylaws to pass a new rule.

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Since a HOA is a mini-government, it can add new restrictions and rules as the need arises as long as the members approve them by voting.

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thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,101
Experience: 17 years real estate, Realtor. Landlord 26 years
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Customer reply replied 5 months ago
Thank you. Our By-laws allow the Board to make Community Rules. Your answer was very helpful.
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Barrister
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