CHARLOTTE, N.C. — Usually, Action 9 gets complaints about homeowners' associations being too aggressive. In this case, some feel their HOA is being too soft.
Residents who live in the Lennox Square townhouses in south Charlotte were supposed to have their roofs replaced around 2007.
But eight years later, they're still waiting.
"It's very disturbing when we've been pushing this issue for years," said homeowner Dawn Sakai.
The HOA decided to replace the roofs.
It charged everyone up to $3,000, but apparently some homeowners can't afford the bill.
The HOA is being sensitive to them giving them extra time, but that means putting off the work.
The property management group sent an email to Action 9, stating, "The board of directors and the community recently passed a special assessment to replace the roofs. Once the majority of the owners pay the assessment and the association has enough cash on hand from that assessment, the roof work will be scheduled."
Lawyer Zac Moretz handles a lot of HOA cases.
HOAs have a duty to collect money and make repairs, Moretz said.
It may be harsh but if homeowners don't pay, the HOA is supposed to crack down on them;That could mean putting liens on their properties or as a last resort, start foreclosure proceedings.
"Those who haven't paid are legally obligated to pay," he said.
Sakai said she doesn't want to see any of her neighbors hurt, but she did pay her share of the money for a new roof.
"You live here, and every time it rains, every time we have our Carolina storms, you're worried that you're going to start having a leak in your home," she said.
If your neighborhood is in this situation where you've paid, but others haven't, you can always suggest the HOA offer a payment plan.
If it doesn't, it is supposed to offer that to every homeowner, not just ones with financial issues.
Homeowners can sign a petition to call a special meeting to remove the HOA board or any particular board member or members or to vote to do so at any membership meeting at which there is a quorum, Moretz said.
He encourages "people to try to do that first, assuming all other negotiations have failed, in order to hopefully remove those board members who are causing the problem, refusing to reasonably settle a dispute, etc. before filing suit."
If someone wants to sue, "There is nothing to prevent it other than the cost, which can run $25,000 to $50,000 if the litigation goes all the way to trial, extremely rare," Moretz said. "North Carolina courts are very favorable to homeowners and almost always construe any gray areas or doubts against the HOA and for the homeowner. So homeowners often prevail in litigation with their HOAs in North Carolina."
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