Not unless they engage in acts classified as real estate brokerage (sales or rental of real estate for others) or time share development. If they do, they must be licensed by the North Carolina Real Estate Commission. Although the Commission cannot referee disputes between an association and its members, it has disciplined its licensees for [...]
It is an association of owners, typically on a residential subdivision or planned community, whose propertied are subject to restrictive covenants limiting their use. The association may be responsible for the maintenance and control of the common area in the development and enforcement of the restrictive covenants.
It depends on whether it is "voluntary" or "mandatory." Membership is an association s typically mandatory if the restrictive covenants are recorded in a property's chain of title. But some neighborhoods have less formal voluntary associations, generally with less power than mandatory associations. Regardless of whether it is mandatory or voluntary, if you are a [...]
If your association is voluntary, then any payments necessary to maintain membership are also voluntary. However, if the membership in the association is mandatory, you mus pay all lawful assessments, dues or charges.
Not as long as the dues, charges and/or assessments are lawfully imposed in accordance with procedures established by the restrictive covenants. Sometimes, when the assessments are for substantial undertakings (road maintenance, utility services, building maintenance, etc) they can be costly; therefore, prospective purchasers should consider the amount of any current or pending dues, charges and [...]
Under North Carolina law, the developer of any real estate project is the owner of all unsold lots or units in the project. As long as the developer owns the majority of them, it controls the votes and therefore the association itself. The developer (or its successors) may have the power to amend the covenants [...]
The association must use the rights granted in the restrictive covenants to collect the,. In developments subject to the Planned Community Act, liens and foreclosures are permitted.
Generally, residential subdivision and planned communities must be approved by a local government zoning authority - city or county, depending upon the location of the property. When subdivision approval is required, a developer may offer lots for sale and enter into contracts once preliminary plat approval had been obtained so long as the contracts (1) [...]