North Carolina HOA Laws 2026: Planned Community Act & Fine Hearing Requirements (NCGS Chapter 47F)

North Carolina's Planned Community Act (N.C. Gen. Stat. §§ 47F-1-101 through 47F-4-116) governs planned community HOAs created after January 1, 1999. Older communities may still be governed by their CC&Rs alone, though many provisions of Chapter 47F apply regardless. North Carolina condominiums are governed under the NC Condominium Act (NCGS Chapter 47C).

Fine Hearing Requirement: Strictly Enforced

NCGS § 47F-3-107.1 requires that before any fine is imposed, the homeowner must receive written notice of the alleged violation AND be given a hearing opportunity before the executive board. The notice must state the alleged violation, identify the rule violated, and inform the owner of the right to a hearing. Associations that skip the hearing notice cannot collect the fine — NC courts have voided fines for procedural defects.

Owner Rights Under Chapter 47F

• Right to attend and speak at all open board meetings
• Right to inspect records within 8 business days of written request
• Right to vote in all elections by secret ballot
• Right to receive the annual budget before adoption
• Right to a hearing before any fine is imposed

Assessment Liens in North Carolina

NCGS § 47F-3-116 grants a statutory lien for unpaid assessments. The lien is created when assessments are due and must be perfected by recording in the register of deeds. NC allows judicial foreclosure of assessment liens. The association must give 30 days written notice before filing a foreclosure action.

Budget and Records

Chapter 47F requires associations to adopt an annual budget, distribute it to owners, and maintain financial records for at least 3 years. Records must be available for inspection within 8 business days of a written request. Meeting minutes must be kept and approved at the subsequent meeting.