Legal Question in Civil Litigation in North Carolina

A member of our HOA has not paid dues for two years. After many attempts to work with them have failed, a formal letter from our Accountant has been sent advising them we will take legal action. What is the proper amount of time to wait from when the letter was sent and when action should be taken?

Asked on 5/08/13, 5:35 am

2 Answers from Attorneys

Kenneth Love Ken Love Law

That depends completely on the bi laws and restrictive covenants. There is no time limit under the law which requires a specific time. Keep in mind that filing a lien and foreclosing are extreme remedies here and in the long run affect the property values of the entire neighborhood. Hopefully you are able to work out and agreement with this homeowner.

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Answered on 5/08/13, 5:45 am

Amanda Houser The Houser Law Firm, P.C.

They presumably knew the risks and obligations when they made the not so bright and decidedly un-American decision to be a member of one of those dictatorial HOA's. You have already let them slide for two years - that seems long enough.

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Answered on 5/08/13, 10:23 am

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