Legal Question in Real Estate Law in North Carolina
Is the owner of common area in a development, where there is no homeowners association, legally required to maintain area, i.e., lake, dam, roads, ponds.
Owner of records is Katherine Wells and she has stated she will not repair standpipe and just let the water drain out of lake
Owners of lots in development do not want to form HOA and take ownership of common area until needed repairs are made we need to know if we can take Ms. Wells to court.
1 Answer from Attorneys
Most likely not. If she is the record owner, and there is no agreement which requires her to maintain the property for the benefit of others, she has not duty to do so and as such you have not legal remedy to require her to do this. If she owns the property herself, the property is in fact not common areas and is private.
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