Can a small group from an HOA fund and build a tennis court on HOA common property and charge a nominal fee to other HOA members?

If this is legal, what form of vote would be needed?

Asked on October 23, 2011 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not a tennis court can be built at the complex where your property is located with other common properties subject to the association's rules and regulations will be determined from the recorded "covenants, conditions & restrictions" concerning the complex and any subsequent rules and regulations approved by the homeowners through a required vote.

As such, you need to carefully read the recorded "covenants, conditions & restrictions" applicable to your complex and the question you ask and all subsequent rules and regulations approved by the association's members.

The best way to get an answer to your question is to retain an attorney experienced with association rules and regulations to assist you and other members of the complex as to the tennis court issue.

Good luck.


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