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Does a homeowner associations Board of Directors have the…

Does a homeowner associations...

Does a homeowner associations Board of Directors have the right to "interpret" Declarations outside of what is written? Because that constitutes a change, isn't a vote by the homeowners required?

Lawyer's Assistant: Where is the property located?

North Carolina, Currituck County

Lawyer's Assistant: Has any paperwork been filed?

By paperwork, do you mean the Declarations - Yes.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so. I was looking for a general principle in regards ***** ***** and filed Declaration of Protective Covenants, Conditions, Restrictions, and Easements.

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Answered in 2 minutes by:
3/11/2018
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,253
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.I appreciate your patience as I review your question. I will post my response shortly.This is general information and no attorney client relationship is established.The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.
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What are they specifically attempting to do or interpret?

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Customer reply replied 5 months ago
Specifically they added “manufactured wood” to the Declarations list of external siding. That being “brick, stucco, wood, stone or fibrous cement board”.
Customer reply replied 5 months ago
Just need a simple guideline answer.

Thank you for the additional information.

No, what they have done is amend the declaration and they may not amend the declaration or bylaws without following the stated procedure for amendment.

The amendment is void and unenforceable without being properly and legally adopted.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,253
Experience: 30 years of real estate practice experience.
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