How to Form an HOA in North Carolina. ing to Section 47F-2-101 of the North Carolina Planned Community Act, a planned community can be created by executing a declaration in the same manner as a deed. This declaration must be recorded in all the counties where any part of the community is situated.
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.
How to start an HOA in 10 easy steps Gather community interest. Understand and inform yourself about local laws. Form a group of dedicated residents. Define objectives. Find legal help and draft governing documents. Set fees and budget. Elect a board of directors. Register your HOA and communicate your progress.
In many states, covenants only last 30 years, becoming unenforceable after they expire. However, North Carolina isn't one of these states.
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.
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.