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By CondoAssociation.com • September 6, 2015

Can North Carolina HOA owner screen-in their porch?

I wanted to allow my indoor cats on the porch. I scoured the governing docs for rules about screening it. There are none. I put up nylon deer netting as a nearly invisible way to contain the cats. All was well until a new HOA President was elected. Now, I've received a violation letter saying it is a health hazard and unsightly. The letter does not meet the criteria clearly described in the governing docs. I have obtained letters from the County Heath Department and the Fire Marshall stating the netting is not a health hazard. The HOA governing docs don't define "unsightly," nor do they give the Board the power to do so. The HOA Board President has given me 4 days (5 days from the date of the improper violation letter) to remove the netting. The docs say I must receive a properly executed violation letter, then have "not less than 10 days" to contest in writing, then a hearing must be scheduled. Only then, can any sanctions be levied. At my eventual hearing, I plan to debunk the "unhealthy" claim with the letters from Health and Fire Departments. I plan to fight the "unsightly" claim by asking the Board to present me with any complaints from fellow owners, names redacted. (There aren't any.) Is there anything else I can do? North Carolina

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Please note that blog comments and postings are not legal advice, rather only the opinions of our readers.
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