Q: Can a HOA in North Carolina force a homeowner to pay for a survey of their property to resolve a dispute over a mowing?
My HOA sent violation letters to my neighbor as me as her lawn care folks recently stopped mowing the slope on her side of our border after mowing it for many years. She also let the low-growth shrubs on that slope die several years ago which prevent erosion of my property to my chagrin. Additionally, she put up flag markers last year to demarcate her property above slope so I would not put my recycling and trash bins on her property (even though it is an easement past the sidewalk). I believe she cannot now claim to not mow this area.
I believe this is happening because I recently removed a dead tree at the border of our property. However, this this tree was at the top of the slope, not on the slope. The HOA is telling me I should get a survey of our property to confirm responsibility. I don’t want to pay for this and I also believe the HOA should not be able to send us both violation letters knowing that one of us cannot be violation — is that correct?
A: Look to your HoA agreement to determine what the HoA can and cannot ask you to do with respect to your property.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
