Legal Question in Real Estate Law in North Carolina

my homeowners association are not doing a good job, very hard to contact the board if not impossible, plus they are not insuring the buildings in our condos which are attached together, my mortgage company and all other isnurance companies thinks itis their responsibility to do so. can I sue and fire them?


Asked on 5/08/12, 9:08 am

1 Answer from Attorneys

Read your declarations and covenants. You generally can sue them to enforce the covenants. You cannot "fire" them. Most communities in NC are governed by an HOA. The only way to get out from under them is for a majority of property owners to vote to get rid of them (probably not an option for condominiums because there are awlays going to be common areas that need taken care of). If your HOA is managed by a management committee, then your HOA can fire the current management company and get a new one. As you say, its very hard to contact the board so this may not be likely to happen unless somebody knows a board member and can complain enough to get their attention.

The other alternative is for you and a fed-up group of property owners to start going to meetings and paying attention to the elections. Try to get yourself and other like-minded people on the board and get the board members ousted.

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Answered on 5/08/12, 5:41 pm


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