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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.