These documents are considered to be binding contracts in North Carolina. Homeowners are legally bound to comply with the HOA governing documents. Often, HOA governing documents will have a provision allowing an HOA to enter a homeowner’s property as reasonably necessary to maintain common elements, such as common plumbing. In North Carolina an HOA does not have a legal right to enter a homeowner’s property unless so stated in the governing documents. Can an HOA Enter a Homeowner’s Property in North Carolina? Otherwise, the HOA may have other powers or restrictions about rental properties in its governing documents. Depending on how the governing documents are drafted, the HOA may also evict a tenant if the lease was not properly authorized by the HOA. If an HOA directly leases a residence to a tenant, they may be able to evict the tenant. An HOA cannot foreclose without board approval and without first mailing a notice to the homeowner of the HOA’s intention to foreclose. Can an HOA Take a Homeowner’s House in North Carolina?Īn HOA can foreclose on a homeowner’s house in North Carolina for liens that remain unpaid for 90 days or more. These charges may not exceed the greater of $20 per month or 10% of any assessment or dues unpaid.Īn HOA assessment, or a special assessment, is a one-time fee that HOAs charge to cover unexpected expenses, such as for new plumbing in the neighborhood. The HOA may also impose charges for late payments of assessments or dues after 30 days of nonpayment. An HOA may only levy these fines after giving the homeowner notice and an opportunity to be heard. In North Carolina, an HOA can impose reasonable fines for violating the bylaws, rules, or regulations of the HOA. Can an HOA Impose Fines on a Homeowner in North Carolina? Some restrictions may include exterior paint colors, fencing, and parking requirements. The governing documents can give the HOA numerous powers, including restrictions on home ownership.
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