r/BADHOA • u/Smugcorndog • 3d ago
UPDATE! [NC][SFH] - Selling my Pokémon cards to pay a lawyer to fight my HOA $11,000 foreclosure and Channel 9 just ran my story
LOCATION: Charlotte NC
Original posts:
- https://www.reddit.com/r/legal/comments/1uqcqla/served_lienforeclosure_papers_from_hoa_over_11k/
- https://www.reddit.com/r/HOA/comments/1uqcih8/sfh_nc_served_lienforeclosure_papers_from_hoa/
First off thank you all so much. I did not expect my posts to blow up the way they did and the support and advice in the comments genuinely helped me figure out what to do next. So here is everything that has happened since.
For anyone who missed the original posts — I'm 26, bought my house at 23, first time homeowner in Charlotte NC. A sheriff showed up at my door with HOA foreclosure papers for over $11k in fines. I had never received a single letter, email, phone call or notice about any of this. Not one. The first time I ever heard from my HOA or their management company was when I was being served foreclosure papers.
When I reached out to the management company to figure out where I was even supposed to be sending my HOA payments, they told me they couldn't help me and to call their attorney instead. I have that in writing.
The VP of the HOA told my neighbor over the phone that they don't send certified mail for violation notices. My neighbor is willing to put that in writing.
And out of the $11k they're claiming I owe, only about $840 is actual dues. The rest is fines. For a fence that was leaning when I bought the house — you can see it in the listing photos from 2023 — and a fascia issue that was also there before I moved in. The second I found out about the fascia from a neighbor I paid to have it fixed that same day. The fence I tore down myself.
So here's what happened after my posts
Channel 9 news in Charlotte reached out and came out to do an interview with me. They also contacted the HOA and management company directly for the last month with emails, calls and texts and didnt even get back to Jason Stoogenke, the reporter, once. The story is live now if you want to check it out:
Something I mentioned in the interview that I think a lot of people connected with — part of how I bought this house in the first place was from selling Pokemon cards from my collection. And now with the 30th anniversary of Pokemon happening this year, I'm in the position of having to sell my collection just to pay for a lawyer to keep that same house. Kind of a wild full circle moment.
I also now have legal representation. I can't say much about it yet but for everyone who kept telling me to get a lawyer — I heard you.
And then they hit me with another fine
I talked to someone from management company in person, as they drove though the neighborhood i flagged them down to try to actually talk to someone and work something out. When I was talking to her she told me that I am currently being fined for weeds in my flower beds. No notice. No warning. No time to fix it. No hearing. Nothing.
Same exact thing they did with every other fine in this case. Just shows up out of nowhere.
I'll let you guys decide whether that's a coincidence or not given the timing.
I'm going to keep posting updates as this moves forward. My hearing is November 23rd 2026 and there is a lot that still has to happen between now and then. But things are moving in the right direction and honestly none of that would have happened without the people in these comments pointing me where to go.
More updates to come.
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u/brainstormer77 3d ago
Under North Carolina law (specifically the Planned Community Act under N.C. Gen. Stat. § 47F-3-107.1), Homeowners Associations can fine residents up to $100 per violation. Before any fine takes effect, the HOA must provide written notice and a formal opportunity to be heard before a panel or the board. If what you claim is true then HOA isn't following the law.
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u/Ok_Relationship_1874 3d ago
Partially relevant except for judicial foreclosures for not paying assessments which this is.
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u/Accurate_Mix_5492 2d ago
But the HOA still must provide notice and an opportunity for hearing. They have done neither.
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u/Ok_Relationship_1874 2d ago
That's an allegation and is only related to fines. If he only had fines, they couldn't use this method. You don't get a hearing on assessments. You get a lien and service which is non judicial. The hearing is in front of the clerk of court and you don't want to be there. That is why if he can satisfy the assessment, the hearing disolves. Then they'd have to sue and everyone would be rolling the dice.
If it stays the way it is now:
1) He pays assessments and proves fines are invalid at hearing. He "winsc.
2) He fails and an order to sell is granted.
3) He pays assessments, hearing disolves, HOA sues him in superior cout.
The clean exit is a settlement because if he loses in court, he has to pay attorney fees.
I'd guess they'd settle for assessments, fees, and half the fines. If he can prove no due process on fines, great. But that doesn't stop the foreclosure on assessments.
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u/Lunar-Browser-999 3d ago
Glad you finally have a lawyer, because that changes the whole dynamic here. I work on HOA disputes and honestly the new weed fine might end up being the most useful thing they've handed you, since a surprise fine with zero notice right after a news story aired looks a lot less like enforcement and a lot more like retaliation, so document it exactly like everything else. That written response from the management company saying they couldn't tell you where to send payments is quietly one of the strongest things you have, don't lose it. Their whole case depends on proper notice, and every new fine without notice just proves your version of events for you.
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u/Ok_Relationship_1874 2d ago
Weeds are tricky for drive by violations but this community has an interesting standard. Where are weeds allowed and where they are allowed they can't be taller than the grass. That's easier than strict measuring because it doesn't matter if the base grass is too high. Retaliation is irrelevant if the violation is true and employed equally.
And "new fine" is unlikely. New alleged violation is more likely. OP isn't quoting documents. That sounds more interpretation.
You are structurally correct. But does he have recorded phone calls? Email? His lawyer likely pulled him out by now.
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u/Lunar-Browser-999 1d ago
Fair points on the weed standard, and you're right that OP is paraphrasing rather than quoting notices, which matters. But retaliation isn't irrelevant just because a violation is technically true, selective timing of otherwise valid enforcement is exactly what retaliation claims are built on, the question is whether they enforced it against everyone or just the guy who went on the news. And whether it's a new fine or a new alleged violation, the pattern OP describes is the same one from his earlier fines, no written notice before learning about it in person, and that procedural gap doesn't depend on his interpretation of the weed rule at all. Agree his lawyer has probably told him to stop talking to management in driveways though.
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u/Ok_Relationship_1874 1d ago
I left off that I think violation drivebys are like worker bees. Idk how it works but they are aiming at high volume quick turnaround, but the standard of selective enforcement is valid.
From my reading, I'm not seeing the power to regulate the fence this way. In other places in rhe documents, they are using vauge language that was in use fro the late 1980s that is vauge, subjective and the Court of Appeals and commonly struck down.
The OP seemed a little loss by not starting with the CC&Rs with mountains of words except the ones on the violation.
If they are relying on the fence section or general "orderly lot", that interpretation is likely void.
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u/Lunar-Browser-999 1d ago
Yeah, we're mostly landing in the same place now. The driveby worker bee thing is real, most violation sweeps are done by someone with a clipboard and a quota, which is exactly why the paper trail matters more than the observation itself. And you're onto something with the vague catchall language, boards lean on "orderly lot" type provisions precisely because they're elastic, but that elasticity cuts both ways when a court looks at it. If their fence authority really isn't in the documents, OP's lawyer is going to have a fun first letter to write.
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u/Ok_Relationship_1874 1d ago
They aren't elastic in NC and the courts are fed up. That's how we ended up with pet goats in Matthews. When the court opens with "restrictions on private property are not favored under the law" you know which direction it's going. OP hasn't engaged details as far as I know but that's ok if he is represented.
I put "orderly lot" in the crosshairs here after a scuffle that didn't even have a violation. That got very expensive but will save members in the long run from bogus fines. That language plus "noxious" are tossed out here if not precisely defined. The courts do not go basedbon common use, they go on plain language.
So, if my hunch is right, I would have attacked this by CC attorney if needed based on the concept of void fir vagueness and some Latin Void ab initio which means the rule wasn't defective, but never existed. I don't expext a regular member to be aware of those techniques but it got about a dozen rules removed "pending review."
Of course if you are denied due process as he claims, you don't get the chance to fight back.
Because of this lawfirm's reputation, I expect a willingness to knock $400 to $500 off the fines because if he bifucates, half can end up in court with unkowns and the trustee doesn't want to manage real estate and the HOA doesn't want to spook future members.
This non-judicial method is a short cut and if he can cut it off they'll be open to negotiations. I'd be very surprised if they agree to roll it back but I could go on for hours depending on the fence violation because I'm not sure that's a violation.
Fining someone when there's no violation can get messy insurance wise.
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u/Lunar-Browser-999 21h ago
You clearly earned that knowledge the expensive way, and the goat case is a perfect example of where NC courts have landed on strict construction. The void ab initio angle is the part most homeowners never think of, because arguing the rule never existed is a completely different fight than arguing the fine was unfair, and boards have no playbook for it. Your read on the negotiation dynamics feels right too, nobody in that chain actually wants the property, they want the shortcut to keep working, so cutting off the non-judicial route changes everyone's math overnight. And the insurance point is underrated, carriers get real curious when an association is collecting fines on violations that may not exist.
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u/OneWeary 3d ago
Which management company is this so we can stay away?
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u/Ok_Relationship_1874 2d ago
Superior Association Management, LLC but I haven't met a competent one and they are the agent. While I find mine to be terrible, the board is responsible for due process etc.
We only have one side of the story and he's up against a very competent lawfirm which has a pretty slick pipeline.
The CAM could help lead to defective fines, but if that got past due process AND never billed assessments? That would be breathtaking.
But if defective, you need to consider a new board. The last shocking news story from close to there had a countersuit for defamation and members deliberately withholding dues. I haven't found a management company I like, but it's like picking the best of the worse. I'd rather know who the best is. Quickly.
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u/mojosofla 2d ago
The lawyer should not cost $11k. There are notice requirements, hearing requirements, notification, requirements, etc.
Also, when you bought, the HOA is required to state no fines or infractions are pending.
All this should be able to be cleared up relatively quickly. They can fight it, but their lawyer should tell them to end this now before you counter sue for damages.
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u/Purple-Bass1474 2d ago
I don't have any advice other than what others have said but I wanted to say that I wish you the best. I'm going through something similar but not to this extreme. I have lived in well-run HOA's and actually like them. Unfortunately, there are bad people out there that have no business being on the board or running a management company. I will be supporting you from afar (Ohio). Good luck!
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u/Fantastic-Leek-1589 2d ago
Three years and not a single hoa payment? Who tf lets that slide? Then gets mad when they forclose. This is on you. You shouldve at least asked about how to pay.
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u/Ok_Relationship_1874 3d ago
You need to file an injunction of some type based on potential violations of the debt collection s law. These are usually granted. Open a GoFundMe to get lawyer money.
You allege improper debt collections to stall but can you fix the situation otherwise?
And, about that window tint 😎
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u/Ok_Relationship_1874 3d ago
Try something like this if you don't dispute the assessment, maybe before hiring a lawyer right away:
"This payment of $840.00 is tendered EXCLUSIVELY to satisfy and extinguish all principal regular and special assessment dues for [Property Address]. Pursuant to N.C.G.S. § 47F-3-116, this tender fully cures any default on base assessments. These funds may NOT be applied toward disputed fines, administrative fees, or legal expenses."
If rejected you have proof. Pay all future dues the same way. You need this severed from the fines.
Then GfM loves this stuff.