What Is the Statute of Limitations for HOA and COA Liens in North Carolina? A lien for unpaid assessments is extinguished (eliminated) unless proceedings to enforce the lien are begun within three years after the claim of lien is filed. (N.C. Gen. Stat.
In North Carolina, HOA bylaws do not need to be recorded with the state. However, certain documents, like the declaration of covenants, conditions, and restrictions (CC&Rs), typically must be filed with the relevant county's Register of Deeds.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
In many states, covenants only last 30 years, becoming unenforceable after they expire. However, North Carolina isn't one of these states.
Subdivisions with homeowners' associations established after Jan. 1, 1999, are governed by the North Carolina Planned Community Act found in Chapter 47F of the North Carolina General Statutes. However, no state or federal agency oversees homeowners' associations.
All North Carolina homeowners associations must be incorporated. If an HOA is organized as a nonprofit, it is subject to the North Carolina Nonprofit Corporation Act. One or more persons may incorporate the organization by filing the Articles of Incorporation with the North Carolina Secretary of State.
The covenant agreement is recorded at the county Register of Deeds and runs in perpetuity with the deed to the property, thus protecting the historic resource for future generations.
Where can I learn more about HOA law in NC? The HOA or planned community law is in Chapter 47F of the General Statutes. of the General Statutes. You can also learn more about HOAs at the NC Attorney General's website at .
No, there is not a way to ``leave the HOA'' without moving. The HOA covenants are tied to the property permanently.