Michael Hunter

Michael Hunter

Should HOAs limit the number of rentals allowed?

Q: Would you speak to the wisdom (or lack thereof) of my homeowners’ association amending its restrictive covenants to add a provision limiting the number of homes that can be owned by one individual or one entity? What are the legal issues in doing this other than following the method outlined in the covenants for amending the CCRs?

Michael Hunter

Who should be HOA’s registered agent?

Q: I am the president of a large residential homeowners association (“HOA”) in North Carolina, and a professional management company manages our HOA. Our board of directors has been asked to approve a change in our Registered Agent (and the Registered Office) from a North Carolina law firm to our community manager and his office. Thus, the community manager and the Registered Agent would be the same person. Is this arrangement proper, legal, or advisable?

Michael Hunter

HOA members use fake documents to skirt pet rules

Q: We live in a condominium near Lake Norman. We have a 30-pound weight restriction on pets, as well as a prohibition on certain breeds that are deemed aggressive. Several residents have moved in and presented us with “Service Dog Certificates” so that their 50- or 60-pound dogs can live here by virtue of the federal housing guidelines. It’s quite obvious that these certificates were obtained online and that these dogs are not trained service dogs. Is there a process for us to verify these certificates? It’s getting to be quite a problem.

Michael Hunter

Get legal help limiting rentals amid condo units

Q. We live in a small patio home development (37 units) that has a homeowners’ association (HOA). Other than a statement that the homeowner is responsible for all requirements in our restrictive covenants, there is no statement in the restrictive covenants themselves that specifies the number of units that can be rented.

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