Helpful Links - STATE STATUTESState of NC General Statutes - All State Statutes apply to all Associations - Condos, Townhomes and Single Family
MOST STATE STATUTES OVER RIDE COMMUNITY DOCUMENTS
Community Associations Institute – NC Chapter: https://www.cai-nc.org
CAI Legal Chair Council – Law Firm Carolinas – HOA Blog: Click Here
VIOLATION FINE POLICY – 47F-3-107.1. Procedures for fines and suspension of planned community privileges or services: Unless a specific procedure for the imposition of fines or suspension of planned community privileges or services is provided for in the declaration, a hearing shall be held before the executive board or an adjudicatory panel appointed by the executive board to determine if any lot owner should be fined or if planned community privileges or services should be suspended pursuant to the powers granted to the association in G.S. 47F-3-102(11) and (12). Any adjudicatory panel appointed by the executive board shall be composed of members of the association who are not officers of the association or members of the executive board. The lot owner charged shall be given notice of the charge, opportunity to be heard and to present evidence, and notice of the decision. If it is decided that a fine should be imposed, a fine not to exceed one hundred dollars ($100.00) may be imposed for the violation and without further hearing, for each day more than five days after the decision that the violation occurs. Such fines shall be assessments secured by liens under G.S. 47F-3-116. If it is decided that a suspension of planned community privileges or services should be imposed, the suspension may be continued without further hearing until the violation or delinquency is cured. The lot owner may appeal the decision of an adjudicatory panel to the full executive board by delivering written notice of appeal to the executive board within 15 days after the date of the decision. The executive board may affirm, vacate, or modify the prior decision of the adjudicatory body. (1997-456, s. 27; 1998-199, s. 1; 2005-422, s. 4.
UNIT BOUNDARIES – This document outlines specific language as it relates to HOA vs Owner responsibilities (for attached units).
SOLAR PANELS – This document outlines regulations on solar panels.
POLITICAL SIGN REGULATIONS – The NC regulations allow for political signs to be posted in private yards 30 days before “early voting” begins. These signs must be removed no later than 10 days after an election. Both the Senate Bill #315 and Chapter 47F-3-121 offer more specific information. Please click here for more information.
NOTICE OF RIGHT TO VOLUNTARY MEDIATION – Pursuant to Section 7A-38.3F of the North Carolina General Statutes, all members are hereby informed that you have a right to initiate mediation pursuant to the terms of the statute to try to resolve a dispute with the Association. Both the homeowner and the Association must agree to mediate the dispute, and each side is responsible for splitting the cost of the mediation, including payment of a professional mediator. The mediation process is an opportunity to reach an agreement to resolve a dispute – neither side gives up their right to go to court to have a judge resolve the dispute if the parties are not able to reach an agreement through mediation. The specific process to initiate voluntary mediation is outlined in Section 7A-38.3F of the North Carolina General Statutes.
INSURANCE – Consumer Guide to Homeowners Insurance