QUESTION
Can I take civil action against my homeowners assoication for not maintaining a portion of the community classified as common space?
Asked on Aug 15th, 2012 on Breach of Contract - North Carolina
More details to this question:
I live in a community where we are responsible for paying annual homeowners dues and a portion of those dues are suppose to go toward cutting common grounds in the community. There is one area which sits between my lot and the lot next door. I maintain my lawn and the common area as well for the past 6 years.
1 ANSWER
Litigation Attorney serving Raleigh, NC
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Burns, Day & Presnell, P.A.
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You can take civil action against them. However, that is not going to make you a very popular neighbor. You would probably be better off retaining an attorney who could write some letters and make some calls on your behalf first, and see if that accomplished what you were after. This would be the most affordable route (attorneys' fees add up quickly), and also would keep the matter relatively private. I am sorry to hear about the difficulties you have experienced, and hopefully this helps. Good luck going forward. -Jay Mills
James J. Mills
2626 Glenwood Ave., Ste. 560
P.O. Box 10867
Raleigh, NC 27605
Telephone: 919.235.3824
Fax: 919.782.2311
www.burnsdaypresnell.com
Answered on Aug 23rd, 2012 at 3:29 PM