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.
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.
In North Carolina, the establishment of an HOA requires a clear set of steps, starting with the creation of a Declaration of Covenants, Conditions, and Restrictions (CC&Rs). This legal document outlines the community standards, rights, and responsibilities of the HOA and its members.