Covenants in Gated Communities

This is a discussion on Covenants in Gated Communities within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; I live in a gated community. That community has covenants and "rules," You MUST sign and pay annual dues to ...

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Old Jun 20th, 2008, 12:53 PM   #1
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Question Covenants in Gated Communities

I live in a gated community. That community has covenants and "rules," You
MUST sign and pay annual dues to live in and use the vacalities in the
community or you will not get a landowner sticker. There are lakes on the
property. The landowner's board makes safety rules for water skiing on the
lake. One rule the board has been made contradicts the North Carolina State law.
That NC law is: You may waterski with only a driver (no observer) so long as
you have rear view mirror on the boat and the skier is wearing approved flotation.
This community requires an observer in the boat. This "rule" is on a form
that you MUST sign to get permission to use the lake. For over 5 years this
rule has not been enforced. Now they are trying to enforce it. My question
is. Can a gated communinty make (and enforce) a rule that contridicts state
law, levy fines or even deny the member use of the lake for violation of "their
rule." This lake is under NC state jurisdiction because fish can migrate in
and out. However NC Wildlife rarely ever patrols the lakes since the property is private. Anybody had similar problem? Any sugesstions? This rule makes it nearly impossibe for me and my wife to ski becasue we are a twosome 99% of the time we are on the water. I do not believe a private community should be allowed to override a state law.

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Old Jun 24th, 2008, 07:39 PM   #2
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Default Re: Covenants in Gated Communities

No need to reply to this. I have gotten an answer from an Home Oweners Association Web site in NC.
It seems HOA'a can pretty much do waht they want even if it contradicts state law. My advice to anyone who wants to live in a gated community. BEWARE!!!! You may not get due process or if you do it will COST you. I would advise anyone NOT to sign anything when buying into a gated community. Better yet, stay away from them!!
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Old Jun 24th, 2008, 07:57 PM   #3
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Default Re: Covenants in Gated Communities

No, a game warden can set them straight, they (HOA) have no colour of authority. HINT*
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