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Q: We live in a 15-year-old neighborhood with a homeowners association. What is the “life span” of an HOA? Is there an automatic “expiration date” or does the HOA have to be dissolved through legal action?

Q: The residents of our condo complex want to hire a property manager for our complex. The HOA’s board of directors does not want to hire a property manager, saying it will cost too much. Our opinion is that the board is not managing our finances well. We have had special assessments for the last five consecutive years, and we do not see any improvements.

Q: Can a homeowners’ association (HOA) board of directors change the term served by the officers by a resolution, without a vote of the members?

Q: May a North Carolina homeowners’ association (HOA) impose a surcharge on units that are rented out by a homeowner? Our HOA has proposed a fee of $25 per month to be assessed against all rental properties.

Note: This week’s question was answered by my colleague, Gail Pizetoski, CPA.

HOAs don’t necessarily need a full audit; boards must allow lot owners to speak at meetings.

Q: Our homeowners association’s board of directors forgave homeowners who were two to three years behind on their assessments. This was done without our knowledge, and we found out about it before our annual meeting. Is this legal? This seems unfair to the homeowners who pay their dues every year.

Q: I am a homeowners’ association manager. I regularly encounter board members who assume they are entitled to a “lame duck” period. Many directors feel that although the elections are held in the fall, their term doesn’t expire until Dec. 31. Could you clarify?

Q: My homeowners’ association (HOA) has a restriction that says we cannot park on the street, but I have heard that they can’t do this because the streets are owned and maintained by the city. Who is right?

Another year has come and gone, and I have witnessed a great many homeowners’ association (HOA) conflicts, some of which might easily have been avoided.

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Michael Hunter
Charlotte attorney Michael Hunter focuses on community and condominium association law for the firm of Horack Talley. E-mail questions.