North Carolina HOA Laws

A homeowner association (HOA) is a community run by an elected board of directors. They are bound by rules and regulations which guarantee the rights of all homeowners within their boundaries.

Living in an HOA NC | WMDOUGLAS offers many advantages, such as access to pools, landscaping, and community buildings. But there can also be drawbacks. Fortunately, there are ways of managing any issues that may arise while living within an HOA.

In North Carolina, there are specific legal provisions you should be aware of if you own property within an HOA. These laws give you the power to safeguard yourself against harassment or harm from an HOA.

1. Homeowners have the ability to modify HOA rules and regulations, but it’s essential that they follow the procedure outlined in their governing documents for such changes. Doing so will guarantee they adhere to state and local law.

2. HOAs are democratic organizations, and members have the power to remove board members if they feel their rights have been violated or if violations of the association’s governing documents. This is especially true in North Carolina where laws such as NCGS SS 47F-3-108(a) and NC Condominium Act (NCGS SS 47C-3-108(a) allow for as little as 10% of members to call a special meeting and recall all board members with 10 days notice.

3. Homeowners have the option to request that the association initiate mediation if there is a dispute with their HOA. Several agencies provide these services, including the North Carolina Dispute Resolution Commission and the Mediation Network of North Carolina.

4. Homeowners have the right to challenge an abrupt increase in monthly HOA fees or special assessments. This can be a delicate matter, as some homeowners may feel hesitant to voice their objections due to financial concerns.

5. Homeowners have the right to request information from an HOA regarding how it spends its funds, as well as any plans to change fees or special assessments in the future. Doing this allows homeowners to ensure that their money is being utilized appropriately and won’t be misused by either the board of managers or the management company.

6. Homeowners have the right to request a property inspection by an HOA or its agent if it is deemed necessary for the health and safety of residents. This can be done through “sweep inspections” or directly hiring the HOA’s inspection service.

7. Homeowners have the right to seek legal counsel for any disputes they have with their HOA, such as over fees or property rights. A lawyer can help guarantee that any misunderstandings are cleared up and both parties remain protected in such matters.

8. Homeowners in North Carolina can file a complaint with the North Carolina Attorney General’s Office or other legal authorities, depending on the severity of the situation. This is usually beneficial when dealing with serious matters such as wrongful eviction, sexual abuse claims, etc.