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ONLY ON 3: Residents think HOA unfairly enforces rules

READ MORE: ONLY ON 3: Residents think HOA unfairly enforces rules
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BRUNSWICK COUNTY, NC (WWAY) -- Residents in one Leland neighborhood say they are falling victim to their homeowner's association.

Those who live in Mallory Creek Plantation say empty lots near their townhomes are not only an eye-sore, but are becoming unsafe.

"When you contact the builder he knows nothing about it, when you contact the home owners association they say that they've been telling him all along. so someone is not telling the truth," said resident Tom Modafferi.

People who live in Mallory Creek townhomes say they constantly get notices from their homeowners association, CAMS.

Those notices come anytime they haven't mowed their lawn, pulled their weeds or removed their trash cans.

Residents must comply with those rules, but some feel CAMS is not treating everyone fairly.

"Of course the grass back here is so tall that there's snakes in there, we see snakes all the time," said Cory Nedley.

The undeveloped lot at the end of Jansen Lane is overgrown and is clearly not in compliance with most rules under CAMS.

That causes many neighbors to question the eyesore.

"CAMS and the developer might be in bed together to say the least. He doesn't want to spend the money to clean it up and they don't want to push it, there's a reason for it," Modafferi believes. "If they were a proper management company they would get it taken care of for the residents."

Residents say they want their homeowners association to look out for their safety and the value of their homes.
More than anything they say they need consistency.

"One person will get a letter for their yard and then the other person's yard looks terrible and they do nothing about that," said Nedley.

CAMS and the developer, TFT and Company, called us back late today.

Both claim if the developer gets rid of all the growth, the Department of Environment and Natural Resources can fine them.

DENR doesn't know the specifics about this case, but said generally a developer is required to only have 2 to 3 inches of ground cover to prevent erosion.

This growth is much taller than that.

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Look

Look and see if the developer is on the board if so maybe that is why u cant get anything done..also check their financial records which u have a right to do!Someone may be misusing the funds on other things and not your property!

Mallory Creek

Having been on the board, I can tell you
Until this community is fully developed the association is ruled by the developers.
The management team can say all they want but the developers control everything.
Our board members get less than half the vote the developers hold the majority vote.
We would say no to a certain fence or location of a fence and they would over ride us.
Best advice join the board and walk a mile in their shoes.

Have your HOA change

Have your HOA change management companies. We had CAMS for years and they added nothing to the neighborhood. We switched to Premier Management and found them to be proactive and open minded in their thinking.

Management Company Change

You could also consider Community Management Association to take over the management of your HOA. I've heard really good things about them. They also have a self-managed solution with support for things like collections, legal, accounting, etc. That may also be of interest.

Check them out at www.communityassociationmanagement.com

Disclaimer: I do not work there; just know the owner and have heard really good things about the company.

Mallory Creek Townhomes

Last fall/winter, Terry Turner of Wrightsville Beach, the owner of these vacant lots told the homeowners he would have the lots cleaned in the spring. The reason he did not want them mowed during the winter was due to the weeds and grass would not grow back in time to keep erosion down during our rainy winters. Terry Turner will tell you what you want to hear during the HOA meetings but he NEVER follows through. Furthermore, if the homeowners could get a look at the books we would see Terry Turner has never paid his share of the landscaping bill for his properties...I know this from the previous CAMS manager and a previous board member. The homeowners will be forced to get a lawyer to enforce the HOA rules and to get access to the books.

Don't hire Morgan & Carter attorneys

Do Not use them!They file false claims accusing their client HOA members of not paying dues then charge tens of thousands to sue, just to raid their HOA clients reserve fund bank account.

AOI

Most lot and home owners in many subdivisions receive only the standard HOA manual which outlines the rules and regs. of the property owner at the time of purchase. Rarely are the Articles of Incorporation offered at purchase. Most developers have hidden within the AOI, language that allows them to circumvent the HOA rules and most pay no HOA fees even on developed lots. Developers rarely make an issue of these stipulations unless brought to court action. It is assumed that the developer has the greatest stake in the overall appearance of their development and would do all possible to present the best condition for their property, however as sales dwindle so do developers. Personally I would never live under an HOA or in a development with assessment capability. I enjoy my freedom and living beside Clem and his single wide!!

Slight correction Mike

the governing documents for every new HOA include reference to a "Devlopmental Period". Typically this is 5 years in length; and during that time the Developer is exempt from rule enforcement, dues payment, and special assessments payment.

At the end of the 5 year period, in theory the developer has sold a sufficient number of lots which then requires him to transfer control to an elected Board of Directors.

Until that transfer, the Developer calls the shots and effectively has a veto over any action taken by the Board of a Property Manager.

Effectively, he is not circumventing the rules; he's abiding by them and will take advantage of every open door which allows him to avoid expense or increase his profit.

The problem, for many HOAs, is the downturn in the real estate market which limited property sales and kept developers in projects far longer than they had anticipated.

CAMS is a joke. They are

CAMS is a joke. They are just a pawn of the developer. My neighborhood is managed by them and they allow the developer to have for sale signs in the yards of the houses they are selling but existing homeowners are not allowed to have signs in their yards. They changed the original homeowner covenets to allow for smaller houses to be built cheapening our neighborhood in their effort to pander to the developers.

Charles and Sally Davis Wrightsville Beach owners of CAMS

The rest of the CAMS corporation names are filed at the North Carolina Secretary of State at this link
http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=4591318

CAMS

FYI, CAMS has no control over yard signs. Most all developers put it in covenants when the develop the neighborhood that no for sale signs but their own can go up until they finish the neighborhood out. Standard procedure...check your covenants before you buy if this is a concern to you

CAMS...

Used to have them as the property manager for Breezewood. Glad to be rid of them. HOA's and their Board of Directors, if left unchecked, can be nothing more than a group of folks on a power trip.

CAMS

Cams is a terrible management company as they don't know what they're doing. HOA fees are paid by homeowner so it is not their money and they get to spend it inefficiently.

I have vacant lots on 3

I have vacant lots on 3 sides. They have never proven dangerous in 35 years. If you are concerned, stay off them.

^Great trailer park wisdom

^Great trailer park wisdom right there.

Yawn

Anyone stupid enough to move into a neighborhood with another level of government called an HOA deserves everything they get

Amen!

Two thumbs up on that post!

HOA's are necessary evils in

HOA's are necessary evils in Brunswick County due to lax zoning laws. If you did not have a homeowners association you could end up with a shack of singlewide next door to your 2,000 sq. foot house.

Go somewhere else if you

Go somewhere else if you like being told what to do with your own property......we don't.

Your are so DIM!

Your are a truly simple and for that I pitty you Guest666!
Just like a republican to blame the victim and hide behind a fax name. The whole point of an HOA is not to end up with you an "Dem cars ya bean meanin to get ta fixin" as neighbors. Or a Wal-Mart an the trash the those type of companies produce and the unsavory clientele. Just pull the police blotter on google an you will see New Point Blvd. The point is the rules are for everyone an the builder should be concerned because of his large interest in the community. I know your small mind can not see it that way. Thats why people like you need to keep it "small" so its easier for your tiny little mind.

And

And?