State Law Guide - Updated January 2026
North Carolina HOA Laws and Homeowner Rights
Under North Carolina Planned Community Act (N.C.G.S. § 47F-1-101 et seq.), North Carolina homeowners have specific rights when facing HOA fines and violations. 10 days written notice before hearing (N.C.G.S. § 47F-3-107.1). Fines are capped at $100.
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Your Rights Under North Carolina Planned Community Act
North Carolina law provides important protections for homeowners facing HOA enforcement actions. Understanding these rights can help you identify procedural defects that may void improper fines.
Fine Procedures
10-day notice, hearing rights, $100 fine cap, $2,500 cumulative limit for continuing violations
Lien for Assessments
Lien creation after 30 days; fine-only liens require judicial foreclosure
Association Records
Right to inspect financial records; 30-day response requirement
Prelitigation Mediation
Mandatory mediation before HOA lawsuits (2024)
Powers of Association
Enumerated HOA powers including rule-making and enforcement
$100 Fine Cap in North Carolina
$100 per violation; $100/day for continuing violations; $2,500 cumulative cap
Many HOAs are unaware of or ignore this cap. If your fine exceeds $100, it may be voidable under North Carolina law.
Common HOA Violations in North Carolina
HOAs can only enforce rules that are properly documented in the governing documents (CC&Rs). Here are common violation types that North Carolina homeowners face.
North Carolina-Specific Issues
- -lawn maintenance (humid summers)
- -hurricane shutters
- -boat/RV storage (beach areas)
- -pool/amenity misuse
- -tree maintenance
Common Nationwide Issues
- -architectural modifications
- -landscaping
- -parking
- -noise complaints
- -pet violations
- -rental restrictions
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North Carolina HOA Oversight
None (NC DOJ collects complaint data only)
North Carolina has state-level HOA oversight. You can file complaints and seek assistance for disputes.
Visit None (NC DOJ collects complaint data only)Frequently Asked Questions
How do I dispute an HOA fine in North Carolina?
Under N.C.G.S. § 47F-3-107.1, you must receive written notice at least 10 days before any hearing. You have the right to appear before the board or an independent panel, present evidence, and receive a written decision. You can appeal to the full board within 15 days if the initial hearing was before a panel.
What is the maximum HOA fine in North Carolina?
Under the Planned Community Act as amended by HB 542, fines are capped at $100 per violation and $100 per day for continuing violations. There is a $2,500 cumulative cap for continuing violations without a new hearing. These caps provide significant protection for NC homeowners.
Can my HOA foreclose on my home for unpaid fines in North Carolina?
HOAs can foreclose for unpaid assessments after 90 days with board approval. However, liens consisting solely of fines cannot be foreclosed using nonjudicial (power of sale) process - they require judicial foreclosure. The lien must be at least 6 months of assessments or $2,500, and the HOA must offer a payment plan.
Is mediation required before suing my HOA in North Carolina?
Yes. Under N.C.G.S. § 7A-38.3F (2024), pre-litigation mediation is now mandatory for most HOA disputes. Disputes solely about assessment payment are exempt. The NC Dispute Resolution Commission provides mediators. Costs are typically split equally unless agreed otherwise.
Can my HOA suspend my privileges for unpaid dues?
Yes, but only after 30 days of unpaid assessments, proper notice, and an opportunity for a hearing. Under § 47F-3-107.1(d), the HOA cannot suspend access to your lot, utilities, parking assigned to your lot, or common elements needed for habitability.
Where do I file a complaint against my North Carolina HOA?
North Carolina has no dedicated HOA regulatory agency, but the NC DOJ Consumer Protection Division now collects complaint data under 2024 legislation. For disputes, use mandatory mediation first, then file in small claims court (up to $10,000) or district court. The HOA Information Resource Center provides educational materials.
Official North Carolina Resources
- NC General Assembly - Chapter 47F(Statute)
- NC DOJ Homeowners Associations(Government)
- NC Courts Small Claims(Courts)
- NC Dispute Resolution Commission(Government)
- N.C.G.S. § 47F-3-107.1 Full Text(Statute)
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Based on N.C.G.S. § 47F-1-101 et seq.