Can a HOA collect dues on a parcel not recorded or recognized by the county tax department?

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Can a HOA collect dues on a parcel not recorded or recognized by the county tax department?

Asked on January 10, 2012 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Good question. Whether or not a homeowner's association can validly assert and collect dues on a parcel not recognized by the county's tax assessor's department depends upon what the recorded bylaws on the presumed legal parcel recorded with the county's recorder's office.

As such, you need to carefully ready the bylaws for the homeowner's association as well as the presumed recorded covenants, conditions & restriction on the subject property. If the parcel is a legal parcel with the county's recorder's office (as opposed to the county tax department), the homeowner's association most likely can assess and collect dues on this parcel.


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