Exact steps to take to fight HOA fines: Research Your HOA's Regulations and Guidelines. Understand Your Rights as The Homeowner. Contact Your HOA. Prepare Your Appeal. Attend Your Appeal Meeting. Await the Decision.
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.
Victims can file a complaint with the state's Attorney General's Office, FTC, or the CFPB. Recommended Reading: Davis Lake Community v. Feldmann, 138 N.C. App.
While an HOA or COA can foreclose on a home in NC, it cannot evict a homeowner like a landlord evicts a tenant. If a homeowner refuses to leave the property even after foreclosure, an HOA or COA should seek help from a lawyer.
Many HOAs maintain a website where governing documents are posted. To find HOA rules and regulations online: Navigate to the HOA's official website. Look for sections labeled “Documents,” “Governing Documents,” or “Rules and Regulations.”
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.