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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.
In North Carolina, an HOA or COA may foreclose a claim of lien in the same manner as a mortgage or deed of trust under a power of sale. The assessment must remain unpaid for 90 days or more before a foreclosure can start.
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.
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.
HOA Legal Powers HOAs are legal entities?some are businesses and some are non-profits?and have the legal right to enforce rules and issue punishments for not following them. Sanctions can be strict. In some HOAs, the outcomes may include being fined or sued or having the HOA place a lien on your home.
Limitations periods for HOA claims vary from state to state, but, in general, are usually somewhere between two and six years. In North Carolina, for example, HOA enforcement actions must be filed within three years. N.C.G.S. §47F-3-116(c).
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.
Federal, state, and local laws take precedence over HOA rules, and HOA rules should not contradict or violate these laws.