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.
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.
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.
Duties and powers of an HOA's board, granted by the NCPCA and the community's declaration, include enforcement of covenants, adopting budgets, assessing and collecting member fees, maintaining and regulating commons areas, and acting on behalf of the association in legal matters. N.C. Gen. Stat. §47F-3-102.
By-laws Adoption. – Every corporation formed under this code, must, within one month after receipt of official notice of the issuance of its certificate of incorporation by the Securities and Exchange Commission, adopt a new code of by-laws for its government not inconsistent with this code.
— Every association of homeowners shall be required to register with the HLURB. This registration shall serve to grant juridical personality to all such associations that have not previously acquired the same by operation of the General Corporation Law or by any other general law.
Who regulates HOA management companies in SC/NC? The U.S. Department of Housing and Urban Development (HUD) enforces laws related to HOA communities, though these are targeted toward protecting individual rights as opposed to regulating management companies per se.
Finally, is an HOA considered a local government? No—HOAs are not considered a local government entity. While they do hold some administrative functions for a community, such as collecting assessments and enforcing rules, they do not possess the authority granted to real government bodies.
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.