please review and ask me what I want to change: IN THE GENERAL COURT OF JUSTICE

SUPERIOR COURT DIVISION

COUNTY OF FORSYTH

Plaintiff: Hellen K Cass

Defendant: Ramsgate Homeowners Association (HOA)

CASE NO. 24PS423

MOTION TO DISMISS HOA FOR PENAL DAMAGES AND VIOLATION OF NORTH CAROLINA STATUTES

COMES NOW, the Plaintiff, Hellen K Cass, and pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure, respectfully moves this Honorable Court to dismiss the Homeowners Association (HOA) for penal damages and violation of North Carolina Statutes. This motion is based on the following reasons and legal authorities:

FACTS

1. The Plaintiff is a property owner of the Ramsgate Condo Community and a member of the Defendant HOA.

2. The Plaintiff has been subjected to various violations and penalties by the Defendant HOA without justification, violating the governing documents of the Plaintiff’s property and North Carolina statutes.

3. The Defendant HOA has acted and continues to act in a manner that is arbitrary, capricious, and unlawful, causing damage to the Plaintiff’s property rights, financial position, and peace of mind.

4. The Defendant HOA has also failed to comply with various North Carolina statutes, including but not limited to N.C. Gen. Stat. § 47F-3-102(a), §47F-3-107(b), §47F-3-108(a), and 42 U.S.C. § 3604.

5. The Plaintiff has attempted to resolve these issues with the Defendant HOA through various means, including written complaints and appeals, but has received no adequate response or resolution.

ARGUMENT

6. The Defendant HOA’s actions have caused the Plaintiff to suffer damages in the form of monetary penalties, diminished property value, and emotional distress.

7. The Defendant HOA’s actions also violate North Carolina statutes, including N.C. Gen. Stat. § 47F-3-102(a), which states that “[n]o association shall be formed as a profit-making corporation.” The Defendant HOA has repeatedly imposed unreasonable fines and fees, which has created a financial burden for the Plaintiff.

8. Additionally, the Defendant HOA has violated N.C. Gen. Stat. § 47F-3-107(b), which requires associations to “[e]stablish the procedure for notice and hearing of alleged violations,” by failing to provide the Plaintiff with adequate notice or the opportunity for a hearing.

9. The Defendant HOA’s actions also constitute a violation of N.C. Gen. Stat. § 47F-3-108(a), which prohibits associations from “foreclosing a lien for unpaid assessments until the lot owner…is delinquent for at least 30 days.” The Defendant HOA has unlawfully foreclosed on the Plaintiff’s property without providing notice or adequate opportunity for the Plaintiff to dispute the charges.

10. Finally, the Defendant HOA’s actions constitute discrimination under 42 U.S.C. § 3604, which prohibits “discrimination in the sale or rental of housing” based on various factors, including a person’s religious beliefs. The Plaintiff has been subjected to unwarranted fines and termination of the membership in the HOA due to her religious beliefs.

CONCLUSION

11. For the foregoing reasons, the Plaintiff respectfully requests that this Honorable Court grant this Motion to Dismiss the Defendant HOA for penal damages and violation of North Carolina Statutes.

12. The Plaintiff further requests that the Court order the HOA to cease and desist from further harassing the Plaintiff and provide reasonable compensation for damage caused by the HOA’s actions.

13. The Plaintiff also requests that the HOA be ordered to comply with applicable statutes and regulations.

14. The Plaintiff respectfully requests that the Court award her all relief to which she may be entitled pursuant to North Carolina statutes and regulations, including an award of attorney’s fees and costs incurred in the prosecution of this matter.


15. The Plaintiff respectfully requests that, in the event the Defendant HOA continues to operate in fraud, invalid or erroneous charges, the Court orders the collection attorney representing the HOA to become an accommodating party.

16. Pursuant to N.C. Gen. Stat. § 47F-3-116, the collection attorney has an obligation to act reasonably under the circumstances. This obligation extends to reviewing the validity of the charges, the compliance of the Defendant HOA with governing documents and North Carolina statutes, and the accuracy of the account history.

17. The Plaintiff respectfully requests that the collection attorney be ordered to communicate with the Plaintiff in good faith and respond to any valid concerns raised by the Plaintiff regarding the account history or charges. The collection attorney should also be ordered to refrain from taking any further actions that could harm the Plaintiff’s rights or interests without first obtaining authorization from the Court.

18. The Plaintiff submits that requiring the collection attorney to become an accommodating party will promote transparency and fairness in the collection process and will serve the best interests of justice.

19. The Plaintiff further respectfully requests that, in the event the Court finds in favor of the Plaintiff, she be awarded three times the amount of the alleged debt or the maximum allowable amount in penal charges, whichever is greater.

20. Pursuant to N.C. Gen. Stat. § 47F-3-116, a homeowners association may not charge penalties that exceed the greater of fifteen percent (15%) of the amount due or twenty-five dollars ($25.00). The Plaintiff submits that an award of three times the alleged debt or the maximum allowable amount in penal charges will serve as a deterrent to the Defendant HOA from repeating similar unlawful actions in the future.

21. The Plaintiff respectfully requests that the Court consider this request should it determine that the Plaintiff is entitled to relief in this matter.

22. The Plaintiff also respectfully requests that, in the event the court finds in favor of the Plaintiff, the Defendant HOA be responsible for all court and attorney fees incurred by the Plaintiff.

23. Additionally, the Plaintiff respectfully requests that the Defendant HOA be responsible for any loss of rent opportunity costs the Plaintiff incurred as a result of the unlawful behavior of the HOA.

24. The Plaintiff requests that the Court order the Defendant HOA to update its governing documents, including the Bylaws, to be better suited for the Homeowners, not the HOA. The updated Bylaws should be drafted in accordance with current North Carolina law and published for the members of the HOA to review and provide input.

25. The Plaintiff further requests that the Court order the Defendant HOA to have weekly financial audits conducted to ensure that the HOA is in compliance with all applicable North Carolina laws and regulations.

26. The Plaintiff requests that the Court order the Defendant HOA to implement a policy prohibiting nepotism in the workplace.

27. Regarding any future payments, the Plaintiff respectfully requests that they be made to the court and held in escrow until the HOA is in compliance with the court’s orders. The cost associated with the escrow account should be borne by the Defendant HOA.

28. The Plaintiff respectfully requests that the Court consider these additional requests should it determine that the Plaintiff is entitled to relief in this matter.

Respectfully Submitted,

[Your Name]

[Your Address]

[Your Phone Number]

[Your Email]