Condominium Bylaws Association With In North Carolina
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FAQ
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.
The bylaws go into detail about individual roles, terms, how to elect the President, and may list board powers one by one. The Declarations define the use and occupancy rules of the units and common areas. Condo bylaws outline the remedies for breach of these rules.
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.
Ultimately, one of the main purposes of a condo association is to ensure your safety and convenience, as well as that of the other unit owners and residents in your complex or building. Another objective is maintaining property values so the community continues to be a good investment.
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.
An HOA is typically established as a non-profit corporation, necessitating the filing of Articles of Incorporation with the North Carolina Secretary of State. These articles legally create the HOA and detail its name, purpose, and the information about its initial board of directors.
Corporate bylaws are legally required in North Carolina. § 55-2-06 requires a corporation's incorporators or board of directors to adopt initial bylaws. The law doesn't specify when bylaws must be adopted, but this usually happens at the first organizational meeting.
In North Carolina, homeowners associations may regulate common areas, collect assessments for the maintenance of shared spaces, impose reasonable fines for non-compliance, and foreclose on a home to secure unpaid dues.
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.
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.
