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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: 42,021
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

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: 42,021
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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Customer reply replied 8 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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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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