►
Description
The Declaration of Covenants, Conditions & Restrictions (CC&Rs) is a legally binding document that detail the rights and obligations of the homeowners association to its members and vice versa. This document establishes a set of guidelines for maintenance and architectural standards, and also gives the board the power to issue violations to any homeowner who is not in compliance and to govern what an owner may, may not, or must do with respect to their property. Whether you are a homeowner in an HOA community or if you serve on an HOA board, this workshop will help you better understand the CC&Rs and your rights and responsibilities.
A
All
right,
good
evening
again,
my
name
is
nichelle
wilson,
neighborhood
training
and
development
program
manager
with
the
city
of
charlotte's
community
engagement
division.
So
welcome
once
again
for
another
session
in
our
hoa
series
tonight
we're
going
to
be
talking
about
declarations
of
covenants
conditions
and
restrictions,
better
known
as
ccnr's,
and
so
we're
going
to
give
an
overview
tonight
and
we're
very
happy
that
you
all
joined
us.
We
definitely
encourage
your
questions.
A
B
B
B
Is
going
to
be
a
a
an
overview
and
end
of
the
discussion
with
many
of
you,
because
obviously
this
is
an
area
of
of
great
interest
to
those
of
you
in
homeowner
associations,
so,
first
of
all,
disclaimer.
The
presentations
here
are
are
not
for
the
purpose
of
creating
a
lawyer,
client
relationship
between
you
and
I
this
is
not
legal
advice
being
provided.
This
is
clearly
for
informational
purposes.
A
B
Unfortunately,
law
school
kind
of
did
not
make
it,
and
so
hence
that
service
kind
of
went
with
that.
But
I'm
going
to
try
our
best
today
to
kind
of
get
over
to
kind
of
demystify
cc
arts,
which
I'll
be
honest.
If
you
took
a
law
school
course
in
real
property,
particularly
related
to
plain
communities,
many.
B
Don't
do
well
when
it
comes
to
describing
and
understanding
declarations,
covenants
conditions
or
restrictions,
so
we're
going
to
try
to
take
it
slow,
we're
going
to
try
to
demystify
this
topic,
and
so
hopefully
it'll
help.
You
better
understand
the
context
and
also
some
of
the
specifics
when
you
pull
out
your
copy
of
your
ccr's
and
review
them.
B
So
why
are
you
here
to
learn
about
deck,
liberations
or
ccrs,
and
I've
kind
of
put
out
some
of
these
other
bullets
here?
These
are
topics
that
we
have
already
discussed
in
the
series
sponsored
by
neighborhood
and
housing
services.
So,
if
you
is
this
your
first
time
here
and
you
want
to
get
somewhat
of
a
primer
on
north
carolina,
homeowner
association,
law
and
and
service
on
an
hoa
board
board,
there
is
a
our
first
presentation
was
on
that
topic.
B
But
now
you're
here
to
learn
more
about
declarations
and
ccrs.
So
let's
get
started.
First
of
all,
let
me
do
a
quick
recap
about
some
of
the
topics,
kind
of
put
everything
in
context
before
we
get
into
ccr's
right.
So,
as
you
know,
there
are
14,
000
or
so
planned
communities.
Most
of
these
are
homeowner
associations
or
condo
associations
located
throughout
north
carolina.
B
The
vast
majority
of
these
plant
communities
are
run
by
community
associations
or
homeowner
associations,
and
so
for
the
purpose
of
this
presentation.
When
you
see
the
association
capitalized
as
such,
I'm
talking
about
your
hoa
right,
which
is
a
non-profit
most
likely
incorporated
under
north
carolina.
Nonprofit
corporation
act
55a.
So
all
of
you
who
are
in
hoas,
particularly
if
it
was
the
community,
was
established
after
january
1st
1999,
you
are
also.
B
B
If
you
are
an
individual
owner
or
member,
if
you
own
a
lot
in
the
hoa,
you
have
a
membership
interest
in
the
association
which
is
tied
directly
to
your
ownership
of
a
lot
now,
generally
speaking,
the
hoa
itself,
if
you
look
at
the
entire
community,
holds
title
to
the
hoas
common
areas.
So
we're
talking
about
the
streets,
the
alleys,
the
parks,
if
you've
got
storm
or
wastewater
facilities
in
the
hoa
recreation
center
swimming
pools.
Another
commonly
used
party
property.
B
So
now,
let's
take
you
back
so
many
of
you,
probably
I
don't
know
which
hoa
or
which
community
you
live
in,
but
before
you
even
knew
that
you
were
going
to
live
in
this
hoa
before
you
even
knew
about
buying
a
house
or
buying
a
lot.
In
the
beginning,
there
was
the
declarant
and
the
declaration
so
think
about
it
in
this
sort
of
an
or
grand
origin
of
where
you
are
living
right
now
there
was
a
declarant
and
the
declarant
made
the
declaration.
I
know
it
almost
it's
quasi-religious
right.
B
So
what
exactly
is
this
declaration?
So,
from
a
legal
standpoint,
your
association,
the
rhoa,
exists
from
the
time
this
declaration
is
recorded
in
the
office
of
the
county's
registered
eats.
So
if
many
of
you
have
seen
your
ccr's
immoralist
came
to
life
when
it
was
filed
in
the
register
of
these
now
there
was
language
inside
of
the
declarations
that
instructed
that
a
homeowner
association
and
it
gave
a
name
of
it
being
articles
incorporation,
would
be
filed
with
the
nc
secretary
of
state's
office
to
create
an
hoa.
B
B
B
I
mean
it's
kind
of
the
same
reason.
I
think
when
our
first,
our
first
presentation,
it
kind
of
said
running,
an
hoa
is
a
little
bit
like
being
a
city
council.
Well,
the
city
council
also
hires,
a
city
attorney,
and
the
city
attorney's
office
here
at
gerald's
got
a
number
of
other
attorneys,
because
all
of
them
need
advice
legally
about
the
actions
that
they're
going
to
take.
Unfortunately,
when
they
establish
when
the
developer
established,
your
hoa
then
establish
a
fund
for
a
lawyer
to
advise
your
board.
B
B
B
Give
you
a
background
about
what
the
world
you've
inherited
right.
So
there
was
this
developer:
that's
grand
scheme
of
building
a
a
homeowner
associate,
a
planned
community,
build
out
all
the
houses
sell
out,
all
the
lots,
build
private
roads
and
everything,
and
once
they
were
done,
turn
it
over
to
an
hoa
walk
away
with
the
money
and
basically
leave
the
hoa
with
the
responsibility.
B
Now
the
problem
is
with
a
lot
of
communities
in
charlotte
some
of
them.
You
know,
and
we
know
kind
of
some
of
the
history.
Some
of
the
hoas
is
that
they
were
built
with
a
lot
of
homeowners
were
in
there,
but
there
were
a
lot
of
investors
who
didn't
live
there
and
unfortunately,
the
way
that
hoa
business
model
is
is
that
it
lives
off
of
assessments
and
if
you
don't
have
enough
assessments,
it's
harder
to
hire
those
attorneys.
So
if
you're
in
a
wealthier
hoa,
you
probably
have
two
attorneys.
B
You
know
that
you
can
afford,
but
if
you
start
off
in
an
hoa
that
kind
of
started
off
underfunded,
it's
a
little
bit
more
difficult,
you're
kind
of
behind
the
eight
ball
in
that
regard.
But
again
we're
going
to
try
to
demystify
what
the
world
these
ccrs
are
today,
and
so
it
isn't
at
least,
as
you
start
to
approach
coming
up
with
a
solution
or
solutions
that
it's
not
as
intimidating
as
it
is.
I
mean
it
is
intimidating,
but
it's
not.
I
want
to
try
to
make
it
less
intimidating.
B
So
our
goal
is
whether
you
have
your
ccr's
with
you
or
you've
seen
them.
Maybe
they
provided
to
you
when
you
purchase
your
home,
at
least
by
the
takeaway
from
today's
discussion
is
when
you
look
at
them
again,
hopefully
they're
a
little
less
oppressive
and
a
little
less
hard
to
understand
than
they
were
before.
You
came
through
this
and
I
think
we'd
have
a
success
in
that
regard.
B
So
so
that's
kind
of
the
that's
what
the
declaration.
The
declaration
is
also
another
word
for
the
declaration
of
the
covenants
conditions
and
restrictions,
but
why
right
so,
as
I
kind
of
mentioned,
these
developers
create
associations
by
recording
declarations
to
both
maximize
value,
their
plan
development
and
then
to
have
a
legal
entity
you
hoa
to
which
they
can
transfer
all
responsibility
at
common
area,
maintenance
and.
A
B
You
know
you
sort
of
have
a
lot
of
power
and
hence,
when
this
developer
records
that
declaration
that
you
can
find
in
your
register
of
these
it
brought
forth.
It
created
your
association,
so
your
association
was
not
wasn't
formed
by
you
wasn't
formed
by
all
the
folks
in
the
neighborhood
came
together,
said:
let's
start
at
hoa,
this
developer
declarant
created
your
hoa
and
ultimately,
in
that
the
developers
design
was
build
out.
B
The
community
and
at
some
point
shift
responsibility
for
maintaining
the
road,
maintaining
the
swimming
pool
and
maintaining
all
the
common
areas,
but
funded
through
the
assessments
and
that
developer
understood
that,
so
they
will
give
you
the
power
to
provide
assessments
in
the
ccr.
So
it's
almost
a
very
it's
the
foundational
governing
document
in
many
respects
to
how
you
operate
your
hoa.
B
So
you've
got
your
ccrs
man,
you're,
looking
at
them
and
you're
like
what.
What
is
all
this?
The
first
thing
you
really
kind
of
want
to
do
is
determine.
Who
is
the
declare
now,
like
I
said
earlier,
the
declaration
is
typically
the
developer.
The
person
way
in
the
beginning
had
this
idea
to
create
whatever
the
name
of
your
community
is,
and
the
concept
of
declaring
designation
of
the
declaration
arises
from
that
moment
of
formation
of
the
homeowner
associated.
B
So
when
that
moment,
when
they
filed
that
declaration
in
registered
deeds
office
here
in
mecklenburg
county,
the
declaring
was
also
made
in
existence.
So
they-
and
it
came
two
things-
came
into
existence
at
that
time-
the
hoa
itself
well,
once
it
got
filed
with
the
state
that
takes
about
a
week
but
then
immediately,
which
came
to
life
when
they
filed.
That
declaration
was
something
someone
called
a
declaring.
B
So
when
the
declarant,
who
has
a
lot
of
power
because
they're
the
one
writing
up
the
declaration
right
sets
forth
the
restrictions
on
the
use
of
property.
Here's
something
that
you
learn
in
law
school,
which
really
a
lot
of
students,
have
trouble
with
to
don't
feel
too
bad.
Is
this
notion
of
restrictions
that
run
with
the
land?
Now?
Maybe
you've
heard
this
term?
Maybe
some
lawyer,
somebody,
you
know,
said
well:
these
restrictions
run
with
the
land.
What
does
this
mean?
B
The
declarant
is
the
is
the
developer,
is
the
builder
of
the
property
just
know
there
are
no
secret
declarance
right.
So
all
the
information
that
you
would
need
to
determine
who,
if
there
is
still
a
remaining
declarant
involved
in
your
hoa
by
the
ccrs,
is
all
in
public
records.
So
when
you
get
your
copy
of
your
declaration
of
ccrs,
the
declaring
is
usually
identified
in
the
first
page
or
two
and
usually
it'll
say
the
declarant
is
blanking
blank
development
company
or
something
like
that.
You
know
maybe
something
something
llc.
B
You
know
you
might
see
it
like
that
note
again
that
declarant
rights
can
be
transferred.
So
don't
not.
Now,
I
would
say
you
know
most
times.
The
declarant
is
always
the
developer
and
almost
remains
that
until
the
declarant
gives
away
any
more
rights
as
a
declaring
but
note
that
these
declarant
rights
can
be
transferred,
so
the
declarant
could
assign
their
rights
as
a
declarant
and
we'll
talk
a
little
bit
more.
What
are
these
rises
clearance
in
these
ccr's
to
another
home
builder
to
a
successive
successor
developer
to
a
lender?
B
Hence
the
declaration
is
not
always
a
developer,
but
more
times
than
not,
the
declarant
is
always
a
developer,
so
the
current
identity
of
the
decline
or
declarance
is
then
they
could
also,
you
know,
split
up
their
rights
as
declarants
among
other
declarants
can
almost
always
be
determined,
because
the
law
requires
the
transfer
of
declarant
rights
to
be
evident
in
public
records.
There
are
no
secret
declarance,
so
no
one's
going
to
show
up
and
say:
well
I'm
a
declarant
you're
going
to
need
to
say
well,
where
is
it
where's?
B
Parent
rights
in
the
public
records,
so
if
you
are
interested
enough,
you
can
look
through
registered
fees
or
ask
them
a
lot
of
times
the
folks
there
will
help
you
out
with
the
search
to
see
if
number
one.
Once
you
see
the
date
of
your,
so
what
you
do
is-
and
hopefully
these
folks
could
help
you
again.
This
is
this:
I'm
trying
to
do
it
as
diy
as
possible
without
having
to
hire
someone
like
me
to
do
this
search
for
you
is.
B
So
that's
what
you
would
be
looking
for
and
what
are
declarant
rights.
I
keep
saying
deployment
rights,
declarant
rights
again,
remember
a
very
powerful
person
called
the
declarant
at
the
beginning
of
the
beginning
of
the
history
of
your
hoa.
These
are
rights
reserved
in
the
recorded
declaration
foreign
hoa
and
are
part
of
the
contract
among
the
lot
owners,
the
association
and
the
declaration.
B
So
if
the
declarant
reserves
a
right
and
we'll
talk
about
what
kind
of
rights
a
declaration
typically
will
reserve,
if
you
buy
in
then
you
agree
that
that
declarant
has
this
sort
of
reserved
right
and
here's
the
thing.
The
second
bullet
says
an
hoa
developer
or
a
declaring
is
generally
free
to
restrict
the
real
property
as
she
sees
fit.
So
you
know
maybe.
B
B
To
a
time
where
you
know,
assessments
need
to
be
raised.
They're,
probably
not
thinking
ahead,
to
a
time
where
the
composition
of
the
neighborhood
is
different,
where
there
are
more
renters
than
there
are
people
who
actually
own
their
homes.
The
developer
is
not
thinking
about
the
declaring
is
not
thinking
about
that.
So
you
were
kind
of
inheriting
ccr's
that
done
created
by
a
person
who
probably
hadn't
even
broke
ground
yet
on
the
entire
property.
B
So
this
means
that
if
the
declarance
right
is
not
expressly
reserved
in
the
declaration,
so
if
you
go
through
your
ccr's
and
it
doesn't,
if
the
declarant
doesn't
say,
I
reserve
this
right-
it
doesn't
exist
because
if
you
look
at
the
planned
community
act,
there's
not
a
list
of
well.
These
are
inherent
rights
of
a
declarant.
B
B
So
the
problem
with
this
or
the
is
that
is
that
you've
got
to
read
the
ccr's
very
carefully
to
see
if
this
declarant
reserve
any
rights
or
not,
and
then,
of
course,
if
they
did
reserve
some
rights,
then
you
need
to
go
to
the
public
records
and
look
and
see
if
they
have
either
assigned
those
rights.
Or
maybe
they
terminated
those
rights
because
they
could
also
turn.
They
could
also
agree
to
terminate
the
rights.
B
B
To
transfer
to
clearance
rights
and
you
can
go
to
the
registered
deeds
and
ask
them
to
pull
up,
is
to
see
if
there
is
enough-
and
it's
quote
an
assignment
of
declarant
rights
which
is
executed
by
the
parties.
So
you
would,
if
I'm
the
developer
in
2000,
I
created
the
hoa,
and
I
wanted
to
give
away
my
deployment
rights
to
my
child
or
something
you
would
see
that
there
would
be
a
an
assignment
department
right
saying.
B
I
declare
assign
my
rights
to
my
child
or
you
know
what
are
18
and
it's
recording
the
county
register
deed
so
again,
they're
no
secret
declarance.
Now
the
second
bullet
is
a
cash
in
north
carolina.
Declarant
rights
can
be
transferred
without
consent
of
the
declaring.
So
if
the
declare,
if
there's
a
foreclosure,
the
cleric
goes
through
bankruptcy
or
there's
a
tax
sale,
you
know,
or
judicial,
sale
or
receivership,
these
transfers
of
declarant
rights
won't
be
filed
in
the
county's
registered
deeds.
B
You
know
you
could
probably
do
a
sufficient
research
of
public
records
to
help.
You
determine
the
holder
or
holders
of
declarant
rights
in
your
hoa
because
number
one
before
we
get
into
declaring
rights
and
what
they
are.
You
need
to
know
if
someone
still
has
them
in
your
hoa
and
so
because
you
know
a
lot
of
times
they
expire,
but
we'll
talk
about
that
in
a
second.
B
So
here
are
some
examples
that
may
be
reserved
the
client
rights
in
the
hoa
that
would
be
found
in
the
ccr.
Probably
the
most
popular
one
is
reserving
an
easement,
so
easement
is
just
a
it's
a
it's
a
right
of
somebody
to
go
on
your
property
right.
So,
while
I
you
know
so
like
a
popular
one,
is
like
utility
easements
like
duke
power,
wants
to
walk
on
your
property
because
there's
a
power
line
and
the
stick
or
the
pole
is
in
your
property.
They
have
an
easement.
B
You
know
they
can
get
recorded
in
the
public
records
where
they
can
go
and
walk
on
your
grass
and
go
and
up
there
and
do
stuff
and
so
a
lot
of
times.
The
clearance
will
reserve
an
easement,
and
you
know
usually
for
installation
or
make
some
utilities
construction
of
improvements
on
the
property.
Others
it's
just
they
may
maybe
they
own
the
property
next
door
or
next
to
it,
an
adjacent
property.
You
want
to
keep
it
easement,
so
they
could
create
a
road
to
go
to
the
next
property.
B
You
know
they're
thinking
ahead,
so
you
need
to
kind
of
look
in
your
ccr's
and
see
what
rights
are
reserved
by
the
declaring
some
other
rights
that
they
may
or
may
not
reserve
the
right
to
appoint
the
board
members.
If
that
may
still,
that
may
still
sit
in
the
ccr
that
they
may,
they
may
reserve
the
right,
maybe
they're
not
exercising
it,
but
there's
somebody
who
could
do
that
right.
Reserving
the
right
to
approve
architectural
landscaping
plans,
you
know,
usually
they
say
that
this
is
transferred
or
it's
delegated
to
the
board.
B
But
you
have
to
read
the
ccr's
carefully
to
see
whether
the
a
lot
of
times
they'll
either
say
that
the
board,
when
created,
will
automatically
have
the
right
to
approve
architectural
and
if
it
doesn't
say
that
the
declaration
reserves
that
right,
then
it
declares
out
of
the
picture.
So
you
I
mean
unfortunately,
you're
gonna
have
to
go
through
the
ccr's
and
kind
of
make
a
list
of
any
time.
B
But
that's
the
catch
is
that
again,
where
the
way
law
works
is
that
if
the
declarant
doesn't
explicitly
reserve
a
right
in
the
ccr's,
it
doesn't
exist.
So
that's
that's
one
good
thing
as
you
kind
of
go
through
and
try
to
determine
who
the
declarant
is
and
what
kind
of
rights
this
declaration
may
or
may
not
still
have
in
your
community.
B
B
Maybe
it
says
that
the
declarant
has
the
reserves
the
right
to
appoint
the
board
of
directors
of
the
hoa,
but
maybe
it
expires
after
10
years
right,
so
you
need
to
or
it
terminates
they
may
terminate
or
they
may
terminate
their
declarant
rights.
Generally
speaking,
the
declarance
rights
will
endure,
they
will
live
beyond
the
date
they
filed
those
they.
You
know
they.
They
recorded
that
right
that
their
ccr
will
endure
until
they
either
expire
by
their
own
terms.
B
So
if
it
says
declarant
reserves
right
to
point
the
board
of
directors
for
until
20
lots
or
so
right
or
something
like
that
or
until
20
28,
you
know
or
they're
voluntarily
terminated.
So
there's
two
ways
so
one
the
ccr's
will
put
a
sort
of
a
a
a
a
sunset
date
for
the
declarance
rights.
It
may
actually
say
that
or
the
declaration
could
file
something
in
the
public
record
and
say
I
terminate
my
declaration
rights
come
like
terminate
your
parental
rights
or
something
like
that.
B
Indeed,
so,
as
you're
doing
your
search,
you
know-
and
you
answer
these
persons-
I'm
looking
for
assignments
declaration,
the
client
rights
also
looking
for
any
termination
of
declarant
rights
if
they
do
exist,
but
I
would
say
that
a
lot
of
times
you
know,
associations
will
look
and
you'll
review
your
ccr's
pretty
heavily
and
you'll
see
that
the
declarant
rights
for
the
hoa
do
not
have
a
specific
expiration
date.
Well,
they
don't
have
a
specific
expiration
date.
B
B
So
the
power
of
the
declaration
is
that
if
you
buy
a
house
in
an
hoa
you're
subject
to
those
restrictive
covenants-
and
it's
not
something-
you
can
necessarily
bargain.
When
you
buy
a
house,
it's
in
hoa,
it's
kind
of
take
it
or
leave
it
in
many
respects.
That's
why,
when
you
sign
off
on
a
purchase
and
sale
agreement
for
a
house,
I
think
now
north
carolina
law
there's
a
hoa
disclosure.
B
If
you
have
to
disclose
whether
the
buyer
is
buying
something
into
an
hoa,
because
you
know
we
would
help
the
buyer
to
know
that
they
are
not
buying
into
a
house
into
a
property
into
a
community
where
there's
full
100
what
they
call
in
law.
Fee:
simple
ownership
that
there
are
restrictive
covenants
about
because
of
these
ccrs.
B
So
an
example
of
a
restricted
covenant
that
you
would
find
is
that
you
can't
raise
livestock
now.
Many
of
you
who
live
in
the
city
can't
raise
livestock
because
of
zoning.
But
imagine
if
you
lived
out
in
the
country
and
you
lived,
then
you
couldn't
raise
livestock
right.
So,
but
here
you
have
a
restrictive
covenant
that
says
you
can't
raise
livestock.
In
fact,
some
of
your
ccrs
may
say
that
the
only
types
of
animals
you
can
have
are
dogs
and
cats
and
other
typical
household
pets
right.
B
Some
of
only
a
few
some
hoas
have
no
restrictions,
but
you
can
read
about
your
hoa's,
restricted
covenants,
of
course,
in
your
ccr,
so
I
know
there's
a
lot
of
terms
that
are
being
used.
I
hear
the
word
declaration.
Ccr
restrictive
covenants
for
purposes
of
this
discussion
them
synonyms
that
they're
very
they're
pretty
much
the
same
term.
So
when
we
talk
about
the
restrictive
covenants,
the
ccrs,
the
declaration
we're
more
or
less
talking
about
that.
B
That
document
that
was
recorded
by
the
developer
at
the
beginning
of
the
project
and
then
recorded
in
the
registered
deeds
office,
all
right.
So
now
what
we're
going
to
do?
Let
me
kind
of
see
this
nice
picture
because
powerpoint's
allowing
much
more
fancier
looking
presentations
now
with
their
with
their
formats
and
templates
typical
elements
to
the
ccr.
So
many
of
you
probably
have
read
through
your
ccr.
Some
of
you
haven't
hold
on
a
second
here.
I
think
I
got
a
question
here
all
right,
so
I
got
a
question
here.
B
Besides
disclosure,
that
the
house
is
part
of
an
hoa
who
has
a
responsibility
providing
the
buyer
with
information
on
the
restrictions
and
the
amount
of
the
assessment.
Well,
that's
a
good
question.
I
think
that's
a
combination!
I
mean,
I
think,
if
you
have
a
real
estate
agent,
that's
representing
you.
B
They
should
be
able
to
advise
you
that
you
are
purchasing
a
house
in
an
hoa
as
far
as
getting
information
on
the
restrictions
and
the
amount,
the
assessment-
that's
where
you're
going
to
have
to
do
your
due
diligence
as
a
buyer,
I
mean
the
seller
has
to
give
you
can't
like
hide
stuff
from
you.
So
if,
if
you
were
to
redo
you
know
buying
into
and
I'm
not
saying
buying
an
hoa
is
a
bad
idea.
You
know
there's
some
benefits
to
living
in
a
hoa.
You
know
I
mean
number
one.
B
B
I
don't
know
uniformity,
so
so
so,
as
far
as
like
you
know-
and
this
is
the
thing
is
like-
it
is
a
little
bit
of
buyer-
beware,
you
know
because
they
were
probably
going
to
when
you,
when
you
go
to
buy
your
purchase
and
sale.
They'll,
probably
be
a
disclosure
that
you're
buying
into
hoa,
and
usually
you
know
they
should
provide
you
or
you
need
to
ask
or
you're.
If
you
have
a
real
estate
agent,
they
need
to
ask
like
we
need
a
copy
of
the
restrictions.
B
We
need
a
copy
of
the
bylaws.
You
need
to
be
able
to
kind
of
review
all
that
and
time
to
review
all
that
before
you
go
to
closing,
I
think.
That's
probably
I
mean
that's
kind
of
an
essential
thing
to
know
whether
you're
buying
a
house
in
an
hoa
it's
a
little
bit
like
you
know,
marrying
somebody
with
children
right.
B
You
need
to
know
that
these
that
there
are
others
involved
in
the
package
or
other
you
know
and
and
such
and
so
I
think,
there's
a
combination
of
the
buyer
needs.
But
again,
if
the
seller
didn't
tell
you
at
all
that
there
was
an
hoa
involved,
then
there
could
be
some
problems
there.
I
think
you
could
get
out
of
that.
I
think
you
could
probably
get
a
lawyer
and
get
out
of
that
deal.
B
If
you
were
never
given
a
disclosure
or
given
any
idea,
you
were
purchasing
a
house
in
an
hoa.
I
see
another
question
here
from
laura:
do
the
declarations
ccr's
supersede
city
or
county
ordinances?
No,
so
I'll,
just
I'll
I'll
put
that
there,
while
the
ccr's
can
definitely,
you
know,
have
a
lot
of
power
and
that
declarant
has
a
lot
of
power
over
your
lives.
B
B
How
do
you
know
a
ccr
restriction
is
legal.
Well,
that
is
that
question
in
of
itself
is,
is
begging
for
a
judge
or
a
court
to
determine
right
because
it's
like
a
contract.
You
know
like
when
you,
if
you
differ
over
what
the
terms
in
a
contract
mean
you
normally
have
to
go
to
court,
to
fight
it
out
to
determine
what
what
the
meaning
is,
and
so,
if
there
is
a
ccr
restriction,
there
could
be
now
I'll.
Tell
you
one
ccr
restriction
that
would
be
illegal
or
invalid.
B
B
B
so
and
then,
when
I
see
this
other
question
again,
if
they're
very
old,
what
has
to
be
done
to
update
well,
we
will
spend
some
time
talking
about
updating,
ccrs
and
rules.
So
so
we'll
we'll
spend
some
time
talking
about
that
for
sure.
But
let's
kind
of
go
over
a
little
bit,
and
this
is
sort
of
like
about
your
ccr
so
and
again
what
I'm
about
to
get
into?
B
It's
not
it's
not
a
100
overlay,
but
I
would
say
that
it's
what
I'm
going
to
capture
here
are
going
to
be
more
or
less
the
common
elements
or
typical
elements
in
ccr.
So
you
kind
of
get
an
idea
of
what
this
declarant
kind
of
established
from
the
junk
so
number
one
you're,
probably
gonna,
have
a
bunch
of
definitions,
so
you'll
probably
find
terms
like
that
are
specifically
defined.
There's
some
examples
I
mean
I'm
just
association
could
be
defined
owner
common
area,
a
lot
governing
documents,
member
properties.
B
Why
would
these
terms
be
defined
because
they're
used
a
lot
in
the
ccrs?
They
come
up
a
lot
and
you
know,
and
a
lot
of
power
is
in
the
definitions,
because
if
you
know
if
it
says
you
know
how
it's
defined
is
so
if
you
see
these
words
show
up
a
lot
to
understand
what
that
particular
clause
of
the
ccr
means
you
have
to
go
back
and
look
at
the
definition
of
that
term.
So
these
definition
sections
are
real
important.
It's
like
when
you
read
like
legislation
like.
B
If
you
look
at
the
statute.
You
know
every
statute
starts
off
with
a
definition.
A
contract
I
mean
a
lot
of
contracts
that
you
sign
probably
have
a
large
definition
section,
because
the
writers
of
these
contracts,
the
writers
of
these
declarations,
they
have
very
specific
meaning
of
what
these
words
mean,
and
so,
when
you
have
a
definition
section,
it
kind
of
takes
that
word
outside
of
everyday
usage
and
creates
it.
I
mean,
provides
a
definition
for
it
that
is
specific
to
the
ccr.
B
So
when
you
hear
the
word,
you
know,
member,
you
know,
I
don't
know
you
think
of
american
express
it's.
A
membership
has
privileges
or
whatever.
But
when
you
look
at
the
definition
of
member
in
a
ccr,
it'll
probably
say
member
is
somebody
who
owns
a
lot
that
is
subject
to
assessment.
Something
like
that.
You
know
it's.
Not
it's
not
just
going
to
say
a
member
is
someone
who
lives
here?
B
No,
no,
that's
not
true.
A
member
is
usually
somebody
who
actually
has
ownership
and
if
they
have,
ownership
is
also
subject
to
an
assessment,
because
it's
a
kind
of
a
double
prong.
There
I
mean
again,
you
have
to
look
at
your
definition,
but
your
ccr's
usually
are
going
to
start
off
with
some
kind
of
definition,
section
that
kind
of
highlights
words
or
terms
used
throughout
the
ccrs
and
the
specific
definition
attached
to
them.
B
So
another
section
that
you
may
find
is
a
description
of
the
property
subject
to
the
declaration,
so
you
might
have
a
whole
section.
That
might
say
this
section
will
describe
which
properties
are
subject
to
the
ccrs
and
may
also
describe
which
how
additional
property
could
come
under
the
ccr
right.
So
sometimes
you'll
see
language
it'll
say
with
the
consent
of
two-thirds
of
the
members
of
the
hoa
voting
and
approval
in
city
term
is
almost
like
annexation.
B
I
don't
know
how
many
times
why
somebody
would
want
their
house
to
come
under
the
power
of
the
ccr,
but
it
is.
It
is
possible.
You
know
a
lot
of
times.
You
know
for
associations
that
were
started
before
1999,
so
in
1999,
as
you
learned
in
that
first
presentation,
we
did
on
hoa
law.
North
carolina
legislature
really
revamped
planned
communities
law
hoa
law
in
north
carolina
in
1999..
One
of
the
things
they
said
is
that
any
hoa
from
this
day
forward
has
to
incorporate
into
north
carolina
non-profit.
B
So
in
some
ways
the
ccrs
are
almost
like
another
set
of
bylaws
hold
on.
We
got
question
here
so
all
right,
so
we
got
a
question
here:
can
the
hoa
management
and
or
board
members
make
changes
within
the
community
without
community
input,
I.e,
remove
playground
equipment
from
the
from
the
common
area?
So
again,
these
are
one
of
these
questions
here
that
you
gotta
have
to
look
at
number
one.
What
kind
of
powers
were
in
the
ccr's?
B
B
Generally
speaking,
unless
the
declarant,
you
know,
reserve
this
right,
which
probably
they
probably
wouldn't
for
liability
reasons
that
the
declare
probably
established
that
the
hoa
typically
through
its
board,
had
title
to
the
common
area,
and
so
then
the
question
here
is:
can
they
take
out
playground
equipment
from
the
common
area?
Could
the
board
or
the
hoa
management?
I
think
that
the
hoa
management
would
need
permission
from
the
board
and
now
you're
kind
of
seeing
like
sort
of
the
hierarchy
of
rules
that
apply
in
the
hoa.
B
So
at
one
level
you
might
have
a
little
booklet
that
says
rules
and
regulations
and
those
are
very
specific
rules.
You
know
things
like
the
swimming
pool
is
open
every
day
except
sunday
right
and
then
you
have
the
board
of
directors
who
more
or
less
can
kind
of
determine.
What's
in
those
rules
and
regulations,
but
the
board
of
directors
kind
of
get
their
power
from
the
ccr's
and
from
that
declarant?
B
So
I
guess
here
the
question
is:
can
they
make
changes
within
the
community
without
community
input?
And
again
I
don't
have
all
of
the
documents
in
front
of
me.
I
would
say
that
they
could
I'm
not
saying
that
they
have
like
again
there's
a
lot
of
information
that
is
missing
here,
because
maybe
the
board
or
the
hoa
created
some.
B
You
know
there
could
be
some
rules
in
the
bylaws
that
state
that
if
they
are
going
and
they
just
because
you
have
power
over
something,
there
could
be
some
hoops
that
you
have
to
jump
through
before
you
can
actually
exercise
power.
So
in
general
I
would
say
that
yes,
the
hoa
management-
I
mean
the
hoa
board
and
whoever
they
hired
as
their
property
management.
B
B
B
So
if
it's
not
in
the
minutes
of
their
meeting
to
do
this,
then
you
might
have
an
argument
as
a
member
of
if
you
are
a
lot
owner-
and
you
are
a
member
of
the
hoa-
you
may
have
a
a
way
to
push
back
or
to
push
back
on
that
decision
if
they
did
not
formally
decide
by
a
vote
and
put
that
in
their
minutes.
So
so
again
they
probably
have
the
power,
but
did
they
exercise
the
power
in
the
way
that
they
have
to
right?
B
So
that's
that
would
be
my
answer
to
me
being
in
that
question
there.
So,
let's,
let's
continue
here,
I
can
tell
that
yeah.
It's
it's
confusing
and
trust
me
I
it
is
not
an
easy
subject
to
under
and
to
I'm
not
I
don't
envy
anybody
who's
trying
to.
I
don't
know
master
hoa
law
or
master
their
ccr's
in
their
own
particular
community.
I
mean
there
is
a
reason
why
there
are
lawyers
who
have
entire
practice
areas
that
their
that
their
entire
firm
is
dedicated
to
playing
community
law.
B
You
know
because
it's
it's
very
fraught
with
there's
a
lot
of
legalese
and
a
lot
of
documents
and
a
lot
of
legal
documents,
and
when
you
have
that,
then
there's
always
a
need
for
attorneys
to
be
involved
and
and
attorneys
are
always
involved
in
hoa
affairs
that
that's
a
fact
from
the
most
richest
hoa
to
the
ones
that
are
forgotten
about.
You
know
the
law,
at
least
at
some
level
and
lawyers
are
almost
always
involved
with
these
things.
B
So
so
then,
another
section
in
your
ccr's
that
you
may
have
is
we're
talking
about
this
membership
and
voting
rights
right
so
the
declarant.
When
they
created
this
declaration
they
may
have
thought
that
well,
they
should
be
members,
and
so
this
section
may
state
that
any
owner
of
a
lot
subject
to
assessment
is
a
member
of
the
association.
Perhaps
that
definition
of
member
back
that
earlier
part
of
ccr
may
state
that
right,
you
know
the
declarant
may
say
that
this
membership
and
the
ownership
can't
be
separated.
B
Maybe
they
might
state
that
each
lot
is
entitled
to
one
vote.
You
know
there
have
been
some
law.
There
have
been
lawsuits,
everything
there's
case
law.
I
know
when
anything.
What
are
you
talking
about
case
law
about
times
where
hoas
tried
to
change
the
rules,
because
maybe
somebody
bought
multiple
lots
and
the
issue
was
well.
If
I
have
more
than
one
lot,
do
I
have
more
than
one
vote
right
and
that
went
to
court
because
the
person
with
more
than
one
lot
thought
that?
B
B
So,
unfortunately,
for
better
or
worse,
you
know
these,
and
I
think
this
is
left
to,
I
think
in
many
respects.
You
kind
of
can
think
that
declarant
right
for
the
ccr
that
you
have,
that
may
not
be
so
clear
that
may
need
amending.
Is
that
again
when
they,
when
this
thing
was
started,
this
person
that
that
drafted
it
might
have
hired
an
attorney
most
likely
did
but
they're
just
pulling
down
boilerplate
language
and
they're,
not
really
thinking
about
they
didn't
do
a
focus
group
with
people
who'd
move
in
that
community.
B
B
They
signed
it
and
they
recorded
it,
and
then
you
inherited
it
to
manage
your
group,
your
hoa
many
many
years
since
the
date
that
was
filed
at
the
registered
deeds
office
in
your
county,
so
property
rights,
so
here's
another
section
that
the
declarant
might
have
put
in
hold
on.
I
got
another
question
here
so
again:
here's
the
question:
if
someone
owns
four
houses
and
rents
all
do
they
get
four
votes?
Well,
good
question:
I
think
it's
going
to
come
down
to.
B
B
It's
hard
to
interpret
these
these
documents,
but
I'm
gonna
we're
gonna.
Try,
like
I
said
the
purpose
of
today
is
to
try
to
try
to
at
least
demystify
these
ccrs
that
govern
your
your
your
community,
a
little
more
so
another
section
that
you
may
find
are
are
property
rights,
so
typically
the
declarant
when
they
write.
This
is
they're
going
to
say
who
owns
the
common
areas
typically
they'll
say.
Well,
I
file
this
declaration
and
we'll
create
the
xyz
community
association
and
all
the
common
areas
will
be
owned
by
the
xyz
community
association.
B
It
may
very
well
be
very
basic,
but
it
may
just
say
that
this
section
explicitly
provide
the
association-
and
we
say
the
association,
the
board
of
directors
of
the
association,
the
power
to
create
rules
and
regulations
governing
activity
on
the
use
of
these
common
property
areas.
So
you
wonder
who
made
the
rules
about
the
swimming
pool?
B
Who
made
the
rules
about
the
playground?
The
board
did
because
the
ccr's
probably
stated
that
the
association
has
the
power
to
create
all
the
rules.
The
developer,
the
declarant
doesn't
really
care
they.
They
want
to
make
their
money,
they
want
to
sell
a
lot
and
once
they
finish,
selling
all
the
lots
they
they
they
walk
away.
They're,
not
really
interested
in
writing.
You
know
how
many
you
know
you
know.
I
don't
know
how
many
yard
signs
can
you
have
in
your
yard,
earning
election
or
something
like
that?
They're
not.
B
And
you
know
this
section
may
also
in
property
rights
may
give
the
association
a
power
to
charge
fees
for
use
of
any
recreation
facility.
So
maybe
you
charge
a
fee
for
people
to
access
your
swimming
pool
or
something
like
I
mean
that
aren't
members
you
know
so
I
mean
it
could
be
there.
It
may
not
be
right
and
again,
if
it's
silent,
then
that's
a
big
question
too,
as
to
whether
the
board
has
the
right
to
do
this
or
not.
B
So
other
things
that
you
might
find
in
the
property
rights
section
you
know
so
the
ccr's
may
actually
give
the
association
the
right
to
suspend
a
member's
voting
rights
or
the
rights
of
a
member
or
a
lot
owner
to
use
a
record
use.
A
swing
pool
use
the
part
if
an
assessment
is
unpaid
right.
So
well
you
know
and
again
these
now.
This
is
where
things
get
kind
of
nasty
in
the
neighborhood
is
somebody
doesn't
pay
an
assessment
or
they
are
are
accused
of
violating
rule.
B
Like
you,
weren't
supposed
to
put
your
your
grass
trimmings
in
the
street
or
you
supposed
to
put
in
this
type
of
bag
and
you
put
in
another
type
of
bag
or
something
like
that,
and
so
because
you
failed
to
do
what
we
said
during
x
amount
of
days.
You
can't
use
a
swimming
pool
for
x
amount
of
days.
You
know
so
I
know
this
is,
but
this
is
that
section
of
the
ccr's.
B
One
thing
I
don't
really
see
this
happen
too
often,
but
this
section
on
property
rights
might
give
the
association
the
right
to
pledge
a
common
area
security
of
interest
on
a
loan.
So
why
would
you
do
that?
Well,
if
you
have
to
do
some
capital
improvements-
and
you
know
you
don't
get
any
help
from
the
city
or
anything
like
that,
you
may
have
to
do
like
everybody
else's
and
you
know,
get
a
loan
to
to
do
some
repairs
and
pledge
the
common
areas
of
the
security
interest.
B
You
know,
depending
on
how
active
or
interested
members
are
in
their
community,
some
other
things
that
this
section
may
say
and
again,
when
I
say
may
say,
I'm
using
may
as
I
think
this
is
just
common
to
a
lot
of
ccrs
but,
like
I
said
not
all
hoas
are
the
same
and
not
all
ccrs
are
same,
but
these
are
kind
of
common
sections.
These
are
these.
These
show
up
more
often
than
not
in
ccr.
B
This
is
probably
one
of
the
biggest
keys
sections
that
you
would
find
in
your
ccr's,
so
I
sometimes
this
is
a
common
term
for
it.
You
know,
lawyers
write
it.
It
would
say
covenant
for
maintenance
assessments,
so
we
hear
the
word
assessment.
So
this
is
a
big
deal
right.
So
this
is
this
section
in
your
ccr
is
where
the
board,
the
association,
has
the
power
to
assess,
make
make
assessments
like
annual
assessments
and
even
special
assessments
right.
B
This
section
usually
states
that
if
you
accept
the
deed
in
the
hoa
that
you
have
by
accepting
a
deed
in
the
hoa
that
you
have
covenant
to
pay
the
association,
an
annual
assessment
charge
and
special
assessments,
also
that
unpaid
assessment
shall
be
a
lien.
So
I
know
there's
a
lot
that
kind
of
said
there,
but
this
is
kind
of
why
I
think
state
wants
to
have
hoa
buying
in
an
hoa
is
part
of
a
disclosure,
because
this
is
something
that
anybody
should
really
think
about.
B
It's
like
when,
when
you
buy
a
house
outside
of
an
hoa
you
you,
you
put
the
purchase
price
down
or
you
wire
the
money
in.
You
have
a
mortgage,
of
course,
because
a
lender
is
involved,
usually
because
most
people
don't
have
a
couple
hundred
thousand
dollars
in
their
pocket.
So
they
have
to
get
a
loan
and
usually
when
you're
buying
outside
of
an
hoa
you
just
you
you
know
when
you
you,
you
don't
have
an
annual
assessment
from
a
nonprofit.
B
B
This
section
may
also
state
what
assessments
are
used
for
that
would
be
nice.
You
know
I'm
getting
assessed
every
every
year.
Blank
dollars,
I'd
like
to
know.
You
know
what
it's
used
for.
So
maybe
this
section
will
say:
it's
used
for
maintaining
roads
and
trails
and
tennis
courts
and
swimming
pools
and
and
paying
for
county
property
taxes
and
paying
for
insurance,
and
this
insurance
is
mandated
by
the
planned
community
act.
So
they
have
to
have
this
insurance.
Obviously
you
know,
I
think
someone
said:
can
you
trump
the
county
and
city
oregon?
B
You
can't
trump
county
property
taxes,
that's
for
sure,
maintain
landscaping,
pay
for
legal
accounting,
etc.
I
mean
assessments
are
the
fuel
of
hoas?
It's
it's!
The
one
thing
that
the
developer
kind
of
envisions
is
that
I'm
gonna
build
this.
It's
gonna,
be
these
private
roads
and
all
this
other
stuff
and
they're
going
to
assess
themselves
and
kind
of
run
it
for
themselves,
and
once
I'm
done
selling
these
lots,
I'm
out
of
here
and
so
you're
kind
of
left,
with
maybe
left
with
that
sort
of
situation
a
lot
of
times.
B
These
sections
on
assessments
are
covenant
for
maintenance
assessments,
a
lot
of
times
these
sections
that
will
state
how
a
board
of
directors
can
increase
assessments.
So
a
lot
of
you
are
serving
on
boards
and
you're
thinking,
man
we're
not
getting
enough
assessments
in
you
may
want
to
look
at
your
ccr's
under
this
section
and
see
a
little
bit
more
about
that.
Okay,
that's
awesome,
stuff
pop
in
here.
So,
let's
see
so
I've
seen
this
question
from
cheryl
is
the
insurance
to
cover
the
hla
board
members
on
them
and
their
family
members?
B
Typically
not
so
when
I
talk
about
insurance
so
that
so
there
is
an
insurance
for
hoa
board
members,
that's
something
called
directors
and
officers
insurance,
which
is
usually
related
to
you
know
their
duties
as
a
board
member.
When
I
talked
about
insurance,
this
is
for
the
common
areas
that
that
the
association
owns.
B
So
when
I
said
that,
originally,
generally
speaking,
when
the
hoa
is
created
the
common
areas,
how
about
the
swimming
pool,
so
I've
got
something
for
you
better,
have
some
insurance,
the
playground,
the
streets,
the
street
signs
a
lot
of
stuff
is?
Is
you
know
these
are
what
they
call
common
areas
and
the
title
the
ownership
goes
to
the
hoa.
Well,
just
like
you
have
property
insurance,
you
have
homo
insurance
for
your
house.
The
hoa
has
to
get
insurance
for
whatever
it
owns
and
where
he
gets
the
money
to
pay
for
that.
B
B
B
So
that's
this
is
but
but
yeah
you
do
need
to
have
hazard
and
public
liability
insurance,
particularly
if
you
own
roads
and
something
happens
on
the
road
or
you
could
government
home
the
swimming
pool
or
you
own
a
pond.
You
know
and
somebody
drowns
or
almost
drowns
and
there's
a
lot
of
issue
with
liability
there.
So
you've
got
to
have
insurance.
B
And
then,
oh,
I
see
a
question
here
in
the
chat.
Oh
here's
another
thing
for
those
of
you
who
I
I
know
a
lot
of
you
are
working
night
shift
or
anything
you
will
get
these
slides.
So
I
know
that
if
maybe
feverishly
taking
notes
and
looking
that
that
you
will
get
these
slides,
I
will
be
sending
this
in
a
pdf
form
to
michelle
to
get
to
everyone
who's
attended
today.
This
should
be
uploaded
on
to
the
video.
B
I
guess
archives
of
the
city's
neighborhood
housing
services
and
if
you
have
some
serious,
if
you
have
questions
about
the
slides
or
anything,
I
I've
always
authorized
michelle
ability
to
give
you.
You
know
my
my
email.
In
fact
I
just
let
people
email
me
my
regular
personal
email,
it's
because
you
know
just
to
ask
me
questions
about
the
slides
and,
to
whatever
extent
I
can
give
you
a
legal
answer
on
any
other
question.
I
I'll
I
will.
B
B
And
I
think
this
bottom
line
here,
so
you
got
to
really
kind
of
look
at
this
section
of
your
assessment
language,
and
this
one
may
say
you
know
how
the
board
of
directors
can
increase
assessments
without
a
vote
of
the
members.
So
sometimes
you
know
that
language
is
there,
but
there's
usually
a
percentage
cap
on
how
much
you
can
raise
assessments
each
year
without
the
members
voting
on
that
raise
in
that
language
you
might
have,
and
then
these
are
other
things
that
could
be
in
that
maintenance
covenant.
B
That's
pretty
harsh,
that's
pretty
harsh,
but
that's
that's
life
in
the
nhoa
maintenance
of
the
property
is
another
section
you
would
find
and
usually
this
section
would
set
out
what
properties
got
to
be
maintained
by
the
so
these
common
areas
and,
of
course
they
would
say
what
sections
the
lot
owner
would
have
to.
But
it's
not
just
you
know,
you
know
what
you
have
to
do.
It'll
probably
say
stuff
like
how
short
your
grasp
must
be.
I've
seen
someone
says
it
has
to
be.
You
know
if
it's
over
six
inches,
it's
bad
right.
B
You
know
you
think
it's
really.
I
mean
literally
and
metaphorically,
in
the
weeds.
It
may
say
how
clean
your
lot
should
be,
where
the
grass
clippings
may
be
left,
how
grass
or
yard
waste
is
disposed.
How
your
trees
must
be
pruned,
what
kind
of
trees
you
can
actually
grow?
What
kind
of
flowers
you
can
grow,
how
the
mailbox
is
maintained.
There
is
probably
a
section
in
your
ccr's
and
it
may
list
it
all
out
like
that,
or
it
may
say
that
the
board
has
the
power
to
determine.
B
If
it
says
the
board
has
the
power
to
determine
that's
actually
better,
because
it's
a
little
bit
easier
to
kind
of
adjust,
but
if
it's
in
the
ccr's
itself
developer
decide
to
put
that
language
in
day
one
in
the
declarations,
then
it
becomes
a
little
bit
more
difficult
to
amend
and,
of
course,
this
section
usually
sets
out
the
power
of
the
association
providing
warnings
to
lot
owners
if
that
person
doesn't
maintain
their
property
correctly.
So,
let's
see
here
all
right,
I
got
a
question
here
from
nadine.
B
B
Where
you
would
definitely
need
to
go
back
to
the
the
presentation
we
did
on
bylaws
and
also
maybe
that
first
one
we
did
as
well
so
so
number
one
is.
You
need
to
kind
of
the
ccr's
may
also
say
that
you're
a
member,
but
I
think
this
is
definitely
an
issue
of
the
bylaws,
so
the
bylaw,
the
bylaws
and
we
did
a
whole
topic
on
on
bylaws.
B
The
nice
thing
about
north
carolina
very
much
a
sunshine
state.
Everything
that
is
filed
is
available
for
free
in
a
pdf
form.
Other
states
like
south
carolina,
if
you
want
that
they
make
you
pay
money
to
download
and
get
copies
of
stuff
which
sucks
and
so
so
put
the
name
of
your
your,
not
your
community
association,
your
hoa
into
the
into
that
thing.
Hopefully,
if
it
was
created
after
1999
your
hoa,
then
it
should
be
incorporated
as
a
not
as
a
north
carolina
nonprofit.
Now.
Why
is
this
key?
B
This
is
kind
of
why,
when
I
advise
non-profits
that
if
you
really
want
members,
be
careful
because
members
have
a
lot
of
rights
under
the
north
carolina
nonprofit
act,
and
so
if
you
pull
the
articles,
maybe
you
have
a
copy
there.
If
you
pull
the
articles
of
your
homeowner
association
and
if
you're
incorporated
as
a
non-profit-
and
you
look
at
it-
and
it
has
maybe
a
box-
that's
checked
or
it
has
a
statement.
It
says
this
nonprofit
is
incorporated
as
a
membership
nonprofit.
B
It
has
a
saying,
because
the
state
of
north
carolina
makes
anyone
incorporating
a
non-profit
state,
whether
you're
a
membership
or
non-membership.
If
you
are
a
membership,
non-profit,
pull
it
out,
north
carolina
general
statutes.
55A,
you
have
rights
as
a
member
to
ask
for
this
information,
so
maybe
as
if,
if
they
don't
give
you
the
copy
of
the
bylaws,
you
can
tell
them
that
you
know
this
is
a
north
carolina,
non-profit
and,
and
I
need
to
copy
that
the
quickest
way
to
get
the
bylaws
and
get
these
information
from
them.
B
I
hate
to
say,
is
lawyer
up
is
that's
the
quickest
way
to
shake
the
tree
is,
is
that
a
lawyer
will
probably
send
a
demand
letter
to
the
board
on
behalf
of
you
nadine
and
say,
and
I
represent
nadine
and-
and
she
is
a
member
of
this
non-profit,
she
is
demanding.
These
things
probably
is
going
to
cite
the
north
carolina.
Nonprofit
act,
probably
aspects
of
the
planned
communities
act
as
well,
and
if
they
got
a
copy
of
the
bylaws,
probably
the
bylaws
themselves
as
well.
B
A
B
Even
have
it
maybe
they're
trying
to
get
it
from
the
property
management,
because
there's
kind
of
a
chain
of
responsibility
here
and
like
you
know,
we
did
a
presentation
about
property
management
firms
and
boards
and
a
lot
of
times
the
property
management
are
slower.
They
don't,
they
seem
to
hold
all
the
information
and
the
board
doesn't
know.
You've
got
members
sweating.
These
board
members.
You
have
members
of
the
community
talking
to
these
directors,
wanting
information
and
accountability
and
they're
looking
at
the
property
manager,
they
hired
and
they're.
Not
getting
that.
B
B
A
member
has
to
be
has
been,
has
to
be
described
as
in
probably
the
ccr.
It's
probably
described
to
a
member
is,
and
it's
usually
an
owner.
So
that
would
that
that
could
be
an
issue
if
you
are,
if
you're,
renting
and
you're
kind
of
involved.
But
if
you
are
an
owner
and
you
paying
a
mortgage
on
that
place,
there's
no
reason
why
you
shouldn't
be
provided
or
you
should
be
provided
financial
information.
B
Now
that
maybe
kind
of
to
to
kind
of
share
the
cost
of
that
and
again,
you
know
sorry,
a
letter
is
probably
worth
an
hour
or
so
an
attorney's
time.
You
know
whatever
their
hourly
rate,
is
or
maybe
hour
an
hour
and
a
half
depending
on
how
fast
they
write
and
also
what
you
know
or
how
they
charge
you
for
that.
B
But
I
would
say
that
maybe
you
could
defray
the
cost
among
a
number
of
the
other
residents
in
the
community
who
are
not
getting
that
information
and
all
of
you
show
up
at
that
lawyer's
door
and
the
lawyer
will
represent
all
of
you
for
that
purpose
and
get
you
all
that
information
so
a
lot
of
times
a
letter
on
a
lawyer's
letterhead
will
get
a
lot
of
traction
from
other
people
because
think
about
it.
When
you
get
something
on
a
lawyer's
letterhead,
you
probably
go
whoa
little
bit
yourself.
B
So,
let's
see
here,
I
got
some
other
questions
that
popped
up.
Rhoa
has
copies
of
ccr's,
bylaws
and
owner
handbook
on
the
community
website.
For
all
that's
good,
that's
good
man!
That
makes
it
a
lot
easier.
That's
good
stuff!
I
mean
that's
what
that's
what
hoa
should
be
doing.
I
mean
they
should
be
making
it
easier
for
for
folks
to
get
the
information.
I
I
almost
say
that
you
and
from
if
I'm
advising
an
hoa
board,
the
more
that
you're
transparent.
B
You
are
able
to
allow
these
things
to
be
provided
to
your
members
most
of
the
time
they
won't.
Even
look.
It's
when
you
ask,
and
they
you
can't
show
that's
when
they
start
getting
ideas
that
something
funny
is
going
on.
I
know
I
mean
I'd,
be
honest
I'll,
be
you
know,
disclosure.
I
live
in
an
hoa
yeah
in
salisbury
and
honestly,
all
our
stuff's
on
the
website.
I
don't
care
because
it's
managed
pretty
well
and
whatnot,
so
I
don't
even
look
at
the
ccr's.
I
don't
even
look
at
the
bylaws.
B
I
don't
even
care
when
they're
having
a
board
meeting
because
they're
operating
it
well,
but
obviously,
when
they're
not
operating
it.
Well,
then
that's
when
you
kind
of
care.
I
see
another
question
here
from
laura
from
your
experience:
is
it
best
for
a
ccr
to
be
generic
and
properly
maintain
yards
or
be
more
descriptive?
B
B
That's
a
whole
other
issue,
but
I
wish
that
more
declarance
and
developers
really
thought
or
had
you
know,
talk
to
focus
groups
or
talk
to
groups
that
may
potentially
buy
into
their
community
before
they
made
these
declarations
because
it's
so
easy.
It's
almost
like
a
child.
It's
a
little
easy
to
create
a
declaration,
but
it's
so
hard
to
amend
a
declaration
and
the
person
who
suffers
because
of
a
poorly
drafted
declaration
is
not
the
person
you
created.
It's
the
people
who
bought
the
houses,
probably
even
20,
25
years
after
it.
B
B
Is
it
valid
if
your
ccr
doesn't
include
more
details
yet
there's
a
separate
word
document
used
for
violations
document
again,
the
ccr
is
there's
not
a
whole
lot
of
of
of
you
know,
there's
certain
things:
the
planned
communities
that
basically
sort
of
says
in
your
ccr's
here
are
certain
things
you
can't
go
below
and
really
the
biggest
thing
you
can't
give
well
is
67
to
a
minute,
and
then
you
can't
write
your
ccr's
in
a
way
that
you
know
the
offensive.
You
know
that
that
goes
against
city
and
county
ordinances.
B
So
let
me
just
kind
of
pop
through
some
of
this
here
so
use
restrictions
I
mean
so
you
know
this
is
a
section
where
the
declaring
has
created
use
district.
You
can
kind
of
see
you
all
know
what
uses
tricks
are
animals
you
can
have
don't
put
a
motor
home
on
it.
Don't
park
a
car
on
your
yard.
You
know
one
of
the
biggest
issues
with
these
restrictions,
though
hoas
airbnb.
B
Can
you
run
airbnb
if
you're
out
of
out
of
it?
Does
your
ccr's
restrict
that
I
actually
had
a
client
who
bought
that?
Had?
I
don't
know
if
you
guys
follow
basketball,
follow
it
had
bought
larry
johnson,
who
was
the
one
of
my
favorite
basketball
players
growing
up
but
number
two
power
forward
for
the
charlotte
horn,
it's
in
the
90s.
B
Obviously
he
went
away
played
for
the
knicks
afterwards
left
the
big
old
house.
My
client
bought
that
house
but
doesn't
really
live
in
it
start
using
air
b
airbnb.
It's
an
hoa
hoa
lawyer
wrote
a
letter
to
him
saying
you've
been
using
as
an
airbnb.
You
can't
do
that,
but
we
looked
into
ccr's
and
there
wasn't
really
any
language
to
that
and
we
informed
that
person
about
that.
B
In
that
regard,
easements
I
mean
obviously
that
we
talked
about
easement,
so
I'm
going
to
jump
past
that
architectural
control
now
this
is
one
that
this
is
one
where
a
lot
of
times
the
declarant
automatically
from
the
jump
says
that
once
there
is
a
non-profit
hoa
created,
there
will
be
an
architectural
control
board
which
will
either
be
led
by
the
board
of
directors
or
the
board
creates
an
architectural
control
committee.
So
it
so.
B
On
residential
lots
for
a
lot
of
folks
who
live
in
hoas,
this
is
the
bane
of
their
existence
is
dealing
with
the
architectural
control
committee,
because
you
know
I
want
to
paint
my
house
this
way
and
they
say
well,
it
doesn't
fit
with
the
scheme
of
the
neighborhood,
so
we
say
no,
so
that's
that's,
as
I
put
down
here,
there's
a
lot
of
extreme
power
in
hoa
in
the
architectural
control
committee
or
the
board
of
directors.
I
mean
a
lot
of
times
again.
B
B
B
B
This
is
the
last
thing
before
we
get
into
we
get
into
amending
is
general
provisions.
So
there's
maybe
a
section
in
your
ccr's,
but
you
know,
basically
what
you'll
see
is
that
there
may
be
an
enforcement
provision
that
states
that
the
association
or
any
owner.
So
this
is
why
ccrs
are
important
not
just
to
the
board
of
directors
but
to
an
owner
that
may
feel
aggrieved
that
an
owner
may
have
a
right
to
enforce
by
any
means
by
law.
B
And
again,
that
is,
the
role
of
the
of
the
board
is
to
be
sort
of
to
enforce,
but
if
they're
not
doing
their
role,
individual
members
usually
can't.
Now
again,
you
got
to
look
at
this
enforcement
section
in
the
in
the
ccr's,
but
it's
a
general
provision
that
usually
is
in
there
and
then
this
section
so
getting
back
to
amendments
I'll
talk
a
little
bit
more
in
the
next
section,
we're
going
to
do
a
deeper
diving
amendment,
but
here's
this
is
the
kicker
about
amending
ccrs.
B
This
section
will
probably
have
an
amendment
provision
which
usually
states
how
long
the
restrictive
covenants
shall
run
and
bind
the
land
and
whether
that
term
expires
automatically
or
renews
automatically.
So
that's
that's
a
lot
of
those
things
that
the
the
declarant
reserve
their
rights
or
something
like
that.
But
then
this
one
it
usually
states
that
67
percent
of
owners
must
vote
to
amend
the
ccrs,
and
any
amendment
must
be
properly
recorded
in
the
registered
deeds
for
that
county.
B
Now,
why
67
percent?
Because
that's
the
law
so
when
they
put
67,
they
didn't
make
up
that
number.
That's
exactly
the
amount
that's
listed
in
in
the
ccr
in
in
the
p,
in
the
planned
communities
act
and
and
again,
if
it's
an
original
declaration,
you'll
just
see
the
declarance
signature
and
if
it's
an
amendment
which
you're
looking
to
then
there's
gonna,
be
a
whole
lot
of
owners
signing
the
ccr's
at
the
end
right
because
they
are
they.
They
all
have
to
approve
it
right.
B
You'll
see
67
percent
of
the
people
who
own
lots
in
that
place
see
a
question
here.
Are
architectural
control
guidelines
valid
if
on
a
separate
document
versus
a
ccr?
They
can
be
because
I
know
that
because
the
architectural
control
things
that
are
said
in
the
that
are
said
in
the
ccr's
are
probably
pretty
generic.
B
What
I
mean
by
that
is
when
you
look
at
the
architectural
control
thing
I'll
just
say
in
this
declaration,
the
the
board
of
directors
of
the
nonprofit
will
have
the
power
to
make
decisions
about
architectural
control.
If
they
don't
want
it,
they
have
the
power
to
create
an
architectural
control
committee,
and
then
they
may
just
say
that
the
board
of
directors
has
the
right
to
further
create
guidelines
that
are
not
inconsistent
to
whatever
language
in
the
ccr's.
B
So
it's
a
little
bit
kind
of
like
how
how
laws
work
right.
So
when
you,
when
congress
passes
a
law,
you
know,
there's
that's
you
know,
that's
one
thing,
but
then
how
it
becomes,
how
it's,
how
it's
kind
of
implemented
is
a
whole
different
kind
of
law.
So
you
have
the
establishing
law
of
the
architectural
control
guidelines
in
the
declaration,
and
then
you
can
have
a
separate
implementing
kind
of
law,
which
is
probably
written
and
voted
upon
by
the
board
of
directors.
B
So
I
got
another
question
here:
what,
if
the
board
cannot
provide
copies
of
an
amendment
meeting
notes
when
it
loaded
or
would
they
state,
as
voted
on
by
members
who
attended
meeting,
not
67
not
does?
Is
it
still
valid?
Well,
don't
really
see
what
the
question
here
is
cheryl,
it
said.
So
the
first
part
is
what,
if
the
board
cannot
provide
copies
of
an
amendment
if
you're
talking
about
an
amendment
to
the
ccr
that
should
be
in
the
public
records
because
again
they're
not
like,
I
said,
there's
no
secret
secret
declarance.
A
B
To
amend
the
ccr's
and
misprove
it
and
any
amendment
must
be
properly
recorded,
so
the
first
part
is
the
vote.
The
second
part
is
registering
it
in
the
county
right
in
the
county.
You
know
registered
deeds
office,
so
there
will
be
no
secret
amendments
there.
If
it's
a
valid
amendment,
it's
registered
in
mecklenburg
county's
registered
deeds.
If
it's
not
met,
if
it's
not
registered,
even
though
maybe
67
of
the
people
voted
on
it,
then
it's
not
valid.
B
So
I
think
that
we
are
getting
to
this
area,
which
I
think
is
what
we're
going
to
finish
out
a
little
bit
of
today's
discussion,
amending
your
hoas
declarations
and
ccrs,
and
and
don't
blame
yourself
if
you
want
to
amend
it
because,
again
now
you
know
how
these
darn
things
were
created.
It
was
created
by
some
person,
maybe
20
25
years
ago,
who's
looking
to
build
a
community,
sell
lots,
make
money
and
go
to
the
next
project.
They
weren't
really
thinking
about
your
best
interest
in
welfare.
B
In
the
his
in
the
in
the
future
of
your
community,
they
just
wanted
to
get
something
they
want
to
crank
something
out,
because
the
law
says
you
got
to
put
a
declaration
to
create
an
hoa
and
and
that's
what
they
did
so
and
the
problem
with
the
law
is
that,
like
I
said,
it's
super
easy
to
do
the
declaration,
you
write
it
up.
You
go
to
the
county
registered
deeds.
B
B
B
I
like
it
a
lot
better
if
we
we
could
do
this
this
this
well,
the
declarant
can't
do
anything
because
again
they
are,
they
probably
didn't
reserve
the
right
and
and
again
it's
going
to
take
67
percent
to
amend,
but,
as
it
says
here
in
the
second
bullet,
it's
time
for
the
h.o.a
to
amend
and
change
the
declaration
so
under
chapter
47
f,
this
is
a
north
korean
general
statutes.
It's
the
planned
communities
act.
This
applies
hoas,
an
amendment
to
the
declarations,
like
any
amendment,
so
you
take
a
piece
of
you
know.
B
I
want
to
change
this
line
and
I
want
it
to
say
this.
So
instead
of
this
much
money
for
annual
assessment,
it's
going
to
be
this
much
okay,
oh
we'll
talk
about
like
trying
to
force
through
an
assessment
type
vote.
But
but
again
an
amendment
to
the
declaration
may
be
amended
only
by
a
yes,
though,
to
67
of
the
votes
of
the
members
or
or
lot
owners.
So
you
got
to
read
your
declarations,
though.
A
B
67
threshold,
so
it's
not
unheard
of
to
open
up
a
ccr
and
see
that
you
need
85
of
the
members
to
vote.
Yes,
it's
legal
to
go
above
67,
but
you
can't
go
below
so
if
you
had
opened
up
your
ccr's
and
it
said
that
even
if
you've
got
67
percent
of
the
people
to
actually
vote
on
this-
and
he
said,
it'll
take
a
majority
51
percent
to
amend
the
ccrs.
B
B
So
I'm
going
to
give
you
some
tips
on
how
to
amend
declarations
all
right.
So
it's
so
67
percent.
It's
it's
a
lie.
It's
a
lot,
but
it's
not
undoable,
but
it's
going
to
take
some.
It's
going
to
take
some
leg
work,
so
here's
some
tips
on
how
to
get
this
done.
Number
one
talk
to
your
neighbors
first
right.
So
this
is
this
is
going
to
take
a
look.
It's
almost
like
running
a
campaign.
B
You
know
to
amend
your
ccr's,
so
you
gotta
talk
and
educate
your
neighbors
first
about
why
you
want
their
support.
You
know
it's
like
vote.
It's
like
running
for
office
or
something
right.
You
wanna
why
you
want
their
support
and
how
you're
going
to
get
to
obtaining
67
majority
of
all
the
votes
of
the
association
is
going
to
be
hard,
so
strong
membership
support
is
vital.
B
B
You
know
because-
and
that's
probably
a
lot
of
these
are
kind
of
doa
right,
because
if
you're
going
to
get
67
percent
to
vote
to,
you
know
pay
more.
Maybe
it's
going
to
be
a
little
more
difficult.
I
don't
think
it's
impossible,
but
it
may
be
more
difficult.
So
again,
if
it's,
my
advice
would
be
to
try
to
avoid
the
controversial
amendments.
B
B
So
here's
another
tip,
that's
something
that
you
know
that
you
can
utilize
is
is
send
out
the
exact
text
of
the
amendment
in
advance
to
members
to
review,
and
you
should
send
two
versions
of
the
text
amendment.
So
one
is
what
we
call
in
law,
a
red
line
version
showing
what's
being
removed
and
added,
and
then
the
other
is
a
version
showing
the
exact
text.
B
B
And
then,
while
trying
to
amend
declarations,
you
should
also
consider
whether
your
hoa
bylaws
need
amendment
as
well
so
like,
as
we
learned
earlier,
bylaws
deal
more
with
elections
and
removal
of
board
members
and
officers,
and
I
know
that
so
what
I
will
say
is
the
ccr's
do
not
usually
I
would
again
like
I
said.
The
developer
is
usually
not
thinking
more
than
like
a
couple
weeks
ahead
as
far
as
the
development
goes,
so
when
they
file
those
ccrs,
they
just
kind
of
want
to
meet
the
legal
requirements.
B
They're,
not
thinking
about
board
drama
20
years
from
now,
and
so
where
all
of
that
is
kept,
is
going
to
be
either
in
the
bylaws
and
if
they're
not
described
in
the
bylaws
in
chapter
55,
a
of
the
north
carolina
generals
in
the
non-profit
corporation
act.
So
while
you're
it
may
be
the
real
problem
that
you
have
is
less
of
a
ccr
problem,
and
maybe
it's
an
hoa
bylaws
problem.
And
it's
a
lot
easier
to.
I
mean
comparatively.
A
B
B
B
Why
the
amendment
should
pass
in
an
hoa
meeting
or
by
newsletters
or
emails?
Now
I
would
say
this
to
those
on
hoa
boards.
If
you
do
notice,
there's
a
lot
of
disagreement,
you
should
probably
slow
down
and
work
to
build
more
consensus
about
your
proposed
amendments
to
declarations-
and
this
other
part
here,
and
I'm
not
just
saying
this,
because
I'm
an
attorney
and
I
like
to
get
work
but
have
an
attorney,
prepare
the
amendment
to
your
declaration
or
bylaws.
B
B
I
know
that
a
lot
of
nonprofits
and
people
just
kind
of
pull
some
bylaws
off
of
the
internet
or
something
I
can
definitely
tell
you
that
you
can't
pull
declarations
off
the
internet,
that
that's
one
that
you're
going
to
have
to
you
know,
and
so
now
here's
my
here's
my
thing
about
trying
to
save
on
cost
and
see.
If
you
can,
I
mean-
and
I
you
know
I
do
this-
for
clients-
is,
if
you're
really
trying
to
diy
an
amendment
to
your
declaration
or
limit
to
your
bylaws.
B
Can
unknowingly
violate
the
law
or
even
contradict
other
parts
of
declaration?
So
if
you
weren't,
if
you
didn't
know
that
the
planned
communities
exit
67
and
you
actually
were
like
well,
let's
just
be
slick
and
let's
change
the
threshold
in
the
ccrs,
and
it
says
here
you
have
to
have
67
well,
let's
just
say
it
has
to
have
20.
Now
we
can
amend
these
things
as
many
times
we
want.
B
I
mean,
I
don't
think
that
unless
it,
I
don't
believe,
there's
any
kind
of
conflict
in
your.
You
have
to
check
your
ccr's,
but
I
think
real
big
issue
is
getting
near
67
and
then
recording
it.
And
so
let
me
see
we
got
another
question
here:
can
we
get
copies
of
the
slides?
Yes,
oh,
we
got
85
percent
good
all
right!
Well,
if
you
got
85,
then
you
should
definitely
go
record
it.
You
should
record
the
amendment
you
gotta,
I
guess
drafty
you
probably
have
to
yeah.
B
You
have
to
draft
something
that
amends
the
you
know.
You
have
to
have
something
that
says
amendment
to
your
declarations
with
the
new
language
on
it
and
put
it
in
the
public
record.
So
you
you're,
you
got
the
hardest
part
done.
You
got
85
to
go
for
that.
That's
good
you're
gonna
have
to
then
have
you
know,
and
usually
amendments
typically
have
a
lot
of
signatures
on
them.
So
it's
it's.
It's
probably
a
lot
of
a
lot
of
signatures
that
are
are
are
there.
B
I
would
definitely
consult
with
an
attorney
just
to
make
sure
that
I
mean
the
hard
part
is
over.
You
got
85
to
get
your
amendment.
I
would
consult
an
attorney
just
to
kind
of
fine
tune.
What
you
got
there
and
to
put
it
and
wrap
it
up
in
a
bow
so
that
can
be
registered
recorded
in
the
county
deed
office
perfectly
in
a
form
that
will
be
legally
recognizable.
But
if
you've
got
the
votes,
people
are
willing
to
sign
again
or
sign
on
something.