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A homeowner in carmel South HOA. Recently, I questioned the…

Customer Question
I am Tom Culpepper...

I am Tom Culpepper, a homeowner in carmel South HOA. Recently, I questioned the painting of a home being against our HOA policy by addressing the Board of Directors. They advised they would review and advise me. They later advised by mail including seeking there attorney's and advised they were not in violation and considered the matter closed. After seeking legal opinion and being advised I could send a letter on my own specifying violations by CCR regs and guidelines which I did to all Board members. I was advised they received my letter of appeal and as stated in their earlier letter the matter is closed. Is the legal without any discussion? What is the definition of closed under these circumstance without any consideration of my specific violations. I am a firm believer of policy. Please advise your opinion. Tom Culpepper

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

North Carolina

Lawyer's Assistant: Has any paperwork been filed?

Yes

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
12/9/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 123,337
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Yes, a HOA Board, unless the bylaws state otherwise, may deem a matter closed and refuse to hear any appeal on the matter. So, if the HOA board has done so and the bylaws do not mandate any actual hearing on appeals, the homeowner is forced to consider their final remaining option, which is to file a petition for declaratory judgment in the local court and bring the matter before the court asking the court to declare what the bylaws are and whether or not the conduct of the HOA violated those bylaws.

Absent court determination, the association may refuse to discuss the matter any further once their legal counsel has reviewed the matter unless the bylaws mandate they do more.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

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