HELP FIGHT AGAINST THE POWER OF HOAs IN NORTH CAROLINA

HELP FIGHT AGAINST THE POWER OF HOAs IN NORTH CAROLINA

Started
October 16, 2019
Petition to
Signatures: 39Next Goal: 50
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Why this petition matters

Started by Heather Conrad

It is hard to even describe the pain my family has endured over this past year since Hurricane Florence. What is sad is this problem could be very easily fixed simply by people being decent human beings, instead we sit in mold and debt thanks to our Condo Associations Board of Directors. You see they are able to get away with a crime hiding behind the letters "HOA". Though having shown North Carolina General Statutes and 127 pages of proof of their crimes they are currently misappropriating insurance funds as well as HOA funds. So what needs to change in regards to legislation within HOAs in North Carolina? A LOT!

1. Starting with making sure there is a government entity in North Carolina that governs HOAs and their board members. We went to the Department of Insurance and the the NC Department of Insurance said "This insurance problem isn't our problem", then referred us to the Attorney General's office. The AG's office said, "No we don't handle that, go talk to the Department of Insurance". We literally broke down North Carolina General Statute 47c-3-113 down for the Department of Insurance and said here look at this, if this was any person or persons withholding insurance funds from another person the DOI would be all over this and they agreed but because the Department of Insurance "doesn't understand insurance regarding condo associations" as they told us they choose to ignore it and let Condo Association Board of Directors in North Carolina get away with white collar crime. 

2. In other states HOAs,POAs and COAs are being regulated because of how awful individuals can be towards one another. EX: Our case and the misconduct and ill regard for human life. Another example being they can use our money to put liens on our homes and then ask us for compensation we cannot afford. However when we go to sue the association and its Board of Directors we lose because we are going against an association or we don’t have enough money to fight them. How much sense does it make they use our money against us? They can literally do awful things and deprive people of their property and hide behind HOA funds and use those and not their own.

3.  Tenants have more rights against Landlords than Homeowners do against HOAs. EX: If We had someone renting our condo when all this happened our tenants could go after us with a lawyer and win but when we try to go after our HOA here we stuck for years and years trying to recoup if ever.
• G.S. 42-42 specifically describes the relationship between tenant and landlord, put that in comparison with the relationship a Board of Directors on a Condominium Association has with the other unit owners.


4. G.S. 47c seems to be confusing for some attorneys and the wording could be clearer. We believe it does need to be made simpler. EX: 47c-3-113(e) vs 47c-3-113(h). You’ll see my take on it as a regular person with no legal experience and how one little sentence in (e) changes how you read it. It has gotten looked over by attorneys who have many years of experience. Then in (h) the tangent about “unless” 1, 2 &3 apply. That apparently has been confusing to others as well but you will see in the "NC Condo Law explained below" just exactly how simple it is suppose to be by those who take the time to read it correctly.

If you would like to know what exactly happened to us this past year with yet no resolve then please follow the links to our blog and take a look. After reading our story you'll see why this petition needs to be signed. HOAs have entirely too much power in North Carolina and their power trips need to be stopped NOW. We aren't the only ones dealing with this issue, by signing this you not only help us, you help others who are being prejudiced against in their Condo Associations all over North Carolina. 

Our Story - read it here <

NC Condo Law explained - read about NC Condo Law here < 

All appropriate links within are provided with proof and can be found in file number 19-CVS-400 in the Brunswick County Courthouse in Bolivia NC.  

*SO HOW WILL THIS HELP*

1. Not only will correcting this major problem in North Carolina help us but it will help so many other people in North Carolina who live in Condo Associations. 

2. Also by making things clearly and more defined this will help unclog the judicial system in HOA issues. 

3. It will help more clearly define criminal actions against Board of Directors in HOAs so they are held accountable for their wrong doing against innocent homeowners. All of which are defined in detail in both links provided in this petition.

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Signatures: 39Next Goal: 50
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