North Carolina Articles of Incorporation of Homeowners Association

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A nonprofit corporation is one that is organized for charitable or benevolent purposes. These corporations include certain hospitals, universities, churches, and other religious organiza¬tions. A nonprofit entity does not have to be a nonprofit corporation, however. Nonprofit corporations do not have shareholders, but have members or a perpetual board of directors or board of trustees.

A Home Owners Association is an organization of homeowners of a particular subdivision, condominium or planned unit development. The purpose of a home owners association is to provide a common basis for preserving maintaining and enhancing their homes and property. Most homeowners' associations are non-profit corporations. They are subject to state statutes that govern non-profit corporations and homeowner associations. The associations provide services, regulate activities, levy assessments, and impose fines. Usually, each member of a homeowners association pays assessments. Those assessments or dues are used to pay for expenses that arise from having and maintaining common property.

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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 HOA board president is vested with the same powers typically given to the chief executive officer of a corporation. This office should be the authority on the rules and laws that govern the board, handle procedural duties, and serve as the spokesperson for business matters.

The NC supreme court heard the case and came to a resolution. The court ruled that homeowners reserve the right to solar on their property, even if their HOA disagrees. The state law now explicitly protects homeowners who want to go solar, regardless of where they live.

An HOA will maintain pools, landscaping and common areas in the neighborhood; prepare budgets and financial statements; address any rule violations and resident complaints; and review any proposed property changes from homeowners.

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.

Your homeowners association, or HOA, is imbued with certain authority. For example, your HOA Board may have the power to collect dues, to plan special assessments, to conduct HOA elections, and to conduct various legal and business transactions on the community's behalf.

All homeowners' associations in North Carolina must be incorporated, with associations formed after January 1, 1999, and subject to the PCA required to be organized as non-profit corporations. N.C.G.S. §47F-3-101.

Your HOA Can Foreclose on Your Home Under North Carolina law, an HOA can include past-due assessments, late charges, fines for violating HOA rules, interest on past-due common expenses, and expenses in connection to collecting the owed debt as the basis for the lien.

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North Carolina Articles of Incorporation of Homeowners Association