Advocacy Blog

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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

 

Legal Disclaimer The information contained in this written or electronic communication, and our associated web sites and blog, is provided as a service to the Internet community, and does not constitute legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

 

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