What can I do if my condo association isn't following the rules?

If you are a condo owner in North Carolina and you believe that your condo association is not following the rules, you have the right to take legal action. You should first try to resolve the issue by talking to your condo association and trying to find a resolution that is acceptable to both parties. If, however, you and your condo association cannot reach an agreement, you should consult a lawyer to assess the situation and determine whether you have a legal claim. If a court action is necessary, you may be able to join with other affected condo owners in a “class action” lawsuit. This type of lawsuit allows a group of people to join with one pre-designated legal representative to pursue a claim or lawsuit against a condo association. If you choose to file a court action, your claim may be based on various laws related to condo management and ownership. These laws may include the state’s condo statute, the condominium association’s governing documents, or any applicable local ordinances. If you are successful in court, you may be awarded damages, attorney’s fees, or court costs. Alternatively, the court may grant an injunction, which is an order that restores your rights and requires the condo association to follow the condominium laws and its governing documents. In summary, if your condo association is not following the rules, you should try talking to them first. If that attempt is unsuccessful, it may be necessary to seek legal counsel and, if necessary, file a lawsuit. If successful, you may be able to collect damages and possibly even have the condo association held accountable and required to follow the law.

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