As we progress with our newsletter and its’ outreach, we hope to educate individual Homeowners, faced with oft times oppressive and un-democratic executive boards. Who, in total disregard of clear and unambiguous covenants, take the law into their own hands and discriminate against outnumbered, individual homeowners. We hope to cover dispute resolution alternatives and assist homeowners in achieving successful challenges to HOA abuses of power. Some examples:
HOMEOWNERS TOOLKIT –
Dispute resolution alternatives available to homeowners’ :
- legal recourse-agencies
- mandatory mediation-alternative dispute resolution-arbitration
- civil suits-nc rules of civil procedure
- breach of contract
- breach of fiduciary duties
- constructive fraud
- declaratory judgment
- unfair and deceptive business practices claims
- statute of limitations considerations
- compensatory /punitive damages
- small claims court for monetary damages
- county agencies-nc attorney general
- lobbying activity-hear4nc
HERE ARE SOME OF OTHER ISSUES TO BE COVERED IN THE HOA REVIEW
- foreclosures for unpaid dues
- misuse of maintenance funds for capital projects
- failure to comply with financial reporting laws-embezzlement
- easements abuses-architectural review board practices
- environmental protection agency-wetlands rules
- in-appropriate role of attorneys
- access to a full scope of books and records
- related party transactions
- arbitrary and descriminatory enforcement
- improper elective processes (notice, use of proxies, vote tabulation, restrictive nominations)
- directors’ and officers’ liability insurance
- fiscal reserves, surplus funds, contingency reserves fair debt collection practices act (prcpa)-
Consumer financial protection bureau-federal agencies
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