The N.C. Supreme Court struck a blow today for homeowners challenging their own homeowners’ associations.
Lawyers who read Justice George Wainwright’s decision in Armstrong V. Homeowners Association can correct my ignorant mistakes, but here’s the gist of the case — as I understand it.
In 1988, the Vogel Development Corporation put together a project in Henderson County called The Ledges of Hidden Hills (or The Ledges). The developer created a homeowners’ association, and one of that group’s earliest actions was to assess homeowners for the cost of lighting a subdivision sign.
Later, the homeowners’ group amended its rules to assess more money from the homeowners. The justification for the assessments was amorphous: ?for the general purposes of promoting the safety, welfare, recreation, health, common benefit, and enjoyment of the residents of Lots in The Ledges as may be more specifically authorized from time to time by the Board.?
Supreme Court justices called the change “unreasonable.” The high court has reversed a ruling from the N.C. Court of Appeals and sent the case back to the trial court for further action.
