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HOA hearing shows conflicts

Legislative committee examines how laws affect homeowners.

By David Ranii
dranii@newsobserver.com
HOA2.012312.TI

Jim Bothwell of Waynesville speaks about homeowners associations during a public hearing Monday in Raleigh. Takaaki Iwabu - tiwabu@newsobserver.com


RALEIGH Conflicts between individual homeowners and the homeowners associations that govern many housing developments took center stage at a state legislative hearing Monday afternoon.

Homeowners portrayed the homeowners associations, or HOAs, as arrogant and abusive organizations that trample their rights and need to be reined in. Board members stressed they are volunteers performing a service that most homeowners don't want to be bothered with and maintained that, although state law may need to be tweaked a bit, a drastic overhaul isn't necessary.

The three-hour hearing conducted by the Select Committee on Homeowners Associations in the state Legislative Building was one of a series of sessions being held to examine the impact of current laws on homeowners who live in developments managed by HOAs.

In some cases, the down economy has increased tensions between homeowners and HOA boards as residents struggle to pay their dues and other fees.

One recurring complaint among homeowners was that the only recourse they have if they have a disagreement with the HOA board is to go to court, a costly process.

Jude Herges, a Brunswick County homeowner, testified that he was victimized by his HOA board - which, among other things, rescinded his building permit - after it became clear that he wasn't a fan of the board.

"We need some (method) of conflict resolution without enriching attorneys," Herges said.

Another Brunswick County homeowner, Tony Maighnath, told legislators that state law governing HOAs is sometimes ambiguously worded, but homeowners are at the mercy of how the boards interpret that language unless they're willing to pay the price of going to court.

Another hot-button issue was the ability of HOAs to foreclose on homeowners that don't pay their dues and assessments.

Tammy Neal, a real estate broker and former appraiser who lives in Union County, said she ran across an HOA board that foreclosed on a homeowner who owed $50. She called it "a travesty."

Other issues that emerged included the lack of licensing for management companies hired by HOAs; the need to educate volunteer HOA board members about their duties and responsibilities; and whether homeowners should be allowed to vote by proxy in HOA elections.

Bob Jackson, president of an HOA in Mitchell County, cautioned legislators not to paint all HOAs with the same brush.

"If you've seen one HOA, you've seen one HOA," he said. "They're all a little different."

Some HOA board members insisted that foreclosure is a last resort, and several said their boards have never initiated a foreclosure.

But they argued that the threat of foreclosure is necessary to ensure that homeowners pay the dues needed for the services that they provide. Neal Brennan, who serves on an HOA board in Belmont, said it would be a mistake to strip HOA boards of their leverage for collecting payments.

"I urge the committee to resist the temptation to over-regulate the HOA boards," he said. "I think the laws we have are sufficient."

Rep. Jonathan Howard, a Republican from Ashe County, the committee's co-chair, said that recommendations, and possibly draft legislation, could emerge in May after the committee conducts as-yet-unscheduled hearings in the eastern and western halves of the state.

Ranii: 919-829-4877

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