An appeals court rules on an HOA dispute concerning the redevelopment of a golf course. The ruling has partially come out in favor of the homeowners association.  

In 2018, Hurricane Florence hit North Carolina and devastated the Cape Fear region. The state also suffered from billions of dollars worth of damages. One subdivision, The Cape, did not come out unscathed.

The hurricane brought on physical damage to many structures in the HOA. The community had removed and torn down the pool and the clubhouse, with plans for restoration in the future. However, that restoration never happened. And it led to a fracture in the community, says HOA President Bill Conley.

In addition to the pool and clubhouse, the HOA’s golf course was also shutting down and being redeveloped into something else. Homeowners felt outraged and filed a lawsuit against the course’s property owner. The lawsuit eventually reached the North Carolina Court of Appeals.

The appeals court has ruled partially in favor of the HOA. According to the ruling, the New Hanover County judge was incorrect in granting summary judgment for the golf course’s owner. The owner had claimed that they had an easement to utilize the neighborhood’s streets without having maintenance responsibilities.

Homeowners in The Cape HOA wanted involvement in the redevelopment. They wanted to have a say in what the developer would build on the land, as it would have an effect on the entire community.

Conley stated that the homeowners’ concerns were mainly about the what and the how — what will be built and how it will be built. After all, these things can have a direct impact on the neighborhood’s flooding.

The HOA claimed that the developers had no right to use the roads of the neighborhood. And the lawsuit served as a way to not give the developers permission to use the roads until both parties came to an agreement. However, negotiations never brought any results.

Written by | Source: HOA Management

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