I purchased a home with restrictive covenants in the subdivision. Now, some residents wish to change the

North Pointe Re...
Home Buyer
Henrico, NC

convenants. Must I comply?

Answers (3)
Linda Hedgepeth
Agent
Henrico, NC

It can be done as long as the members are operating acccording to by-laws already in place and following the proper voting procedures. Without knowing exactly what the changes are, it is impossible to give advice accurately. I'd suggest consulting W T Skinner in Littleon, NC. He is an Attorney and our leading expert in NC HOAs. Subdivision covenants must be recorded when originated and all changes should be recorded to protect property values and assure legality. If you require a phone number, please contact me at 1-866-274-5154 or at Wilkie Real Estate Inc in Henrico, NC at 1-800 -729-4125.

Tue Sep 22 2009, 20:21
Daniel Eberwein
Agent
Clayton, NC

Yes, if the changes are legally done, then you must comply. You need to talk with a lawyer to determine if they were done legally and are enforceable.

Wed Apr 29 2009, 19:00
Pat & Steve Pri...
Agent
44145
FIRST ANSWER

I am located in Ohio, so I am giving an answer that does not violate my Ohio Licenses. I am giving you a comment that is considered, in concept, generally applicable across the U.S.

Home Owners Associations (HOAs) are controlled by Declarations, Bylaws, and Rules & Regulations of various forms of content. These documents can be changed from time-to-time. However, those documents have various guidelines on the percentage of votes that are required by the members of the HOA (and you are a member) who must vote in favor of a given type of change. Also, the changes must comply with local, state & federal laws and regulations. However, if the appropriate number of votes required for a given change are obtained (with the opportunity for all members of the HOA to have an opportunity to comment in public or by a written statement) and those changes are appropriately approved and sent to all HOA members (& filed with local governments offices, if so required), then such changes would be applicable to you.

My suggestion is that you consult an attorney in North Carolina, as soon as possible, if the changes are that important to you.

Good luck!

Pat Pribisko
.

Wed Apr 29 2009, 18:25

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