HOA LAWS AND REGULATIONS

SOLAR PANELS

  • Deed Restrictions, Covenants, and Other Agreements Prohibiting Solar Collectors, N.C. Gen. Stat. § 22B-20. The purpose of the statute is to "protect the public health, safety, and welfare by encouraging the development and use of solar resources and by prohibiting deed restrictions, covenants, and other similar agreements that could have the ultimate effect of driving the costs of owning and maintaining a residence beyond the financial means of most owners." § 22B-20(a). 

    In particular, this chapter voids any deed restriction, covenant, or similar binding agreement that effectively prohibits the installation of a solar collector for residential property (excluding condominiums created under Chapter 47A or 47C) subject to the deed restriction, covenant, or agreement. § 22B-20(b). The law permits associations to impose restrictions on the location or screening of solar collectors provided the deed restriction, covenant, or similar binding agreement does not have the effect of preventing the reasonable use of a solar collector for a residential property. § 22B-20(c). The law sets additional requirements for solar collectors that are visible by a person on the ground. § 22B-20(d).

GOVERNMENT AGENCIES

HOA CONTACT INFORMATION AND DOCUMENTS

  • HOA Directory - Homeowners can enter the community's name or subdivision to find the association’s contact information, list of board members, and other relevant corporate information.

  • Association Records and Inspection - All financial and other records, including records of the association and executive board meetings, must be made reasonably available for examination by any lot owner and the lot owner's authorized agents as required in the bylaws and Chapter 55A (Nonprofit Corporation Act) of the General Statutes. See N.C. Gen. Stat. §47F-3-118 (for HOAs),  §47C-3-118 (for condominiums created after October 1, 1986), §55A-16-01 (corporate records), § 55A-16-02 (inspection of records by members), and §55A-16-03 (scope of inspection rights). See also, §47A-20 (records of receipts and expenditures; availability for examination; annual audit) for condominiums created before October 1, 1986.

  • North Carolina Recorded Document Search - Visit the county recorder's office where the property is located to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

LEGAL RESOURCES

UNDERSTAND YOUR HOMEOWNERS' ASSOCIATION

Enforcement Rules

Featured
Simply Unenforceable: HOA Covenants and How They Can Go Too Far

Notwithstanding the presumption of enforceability, there are plenty of reasons why an individual covenant or restriction might be unenforceable. The reasons most commonly cited by courts are: Procedurally flawed enactment; substantive invalidity; violation of rights of homeowners, or inconsistent, arbitrary, or capricious enforcement. Any one of these flaws can render a covenant effectively void. One flawed covenant won’t necessarily invalidate the rest of a community’s declaration—and sometimes courts will interpret a questionable covenant in a manner that permits enforcement—but, for the most part, a covenant that fails any of these criteria will be unenforceable.

A Guide to Understanding Encroachment in HOA Communities

One of the issues faced by homeowners living in communities governed by homeowners’ associations is the issue of when either the association itself or another homeowner encroaches on the homeowner’s property.  This article is designed to give basic information to homeowners living in these private communities concerning how issues of encroachment affect their use and enjoyment of their property. One thing is imminently clear about case law involving encroachments in HOA communities – this is that disputes of this nature spin out of control and take on a life of their own which can be long, drawn out and expensive for all involved. 

How To Properly Handle HOA Violation Notices

One of the battles that homeowners living in an HOA community face is how to properly handle situations when the homeowner receives a notice of violation from the homeowners’ association.  Understanding what the association’s board must do to provide proper notice of a violation is key. In general, a concept of due process, meaning notice and an opportunity to be heard would apply to rules violation processes involving homeowner’s associations.  This article is designed to walk members of a homeowners’ association through the processes involved in rules violations. 

Facts About Selective Enforcement By an HOA

As a member of a Homeowners’ Association, you probably already know that your community’s governing documents include covenants, rules, and restrictions about how you can (and cannot) use your property. If you break these rules, the association may fine you or force you to comply. If you find yourself at the receiving end of an HOA punishment, you’ll need to know what your rights are.  This article will help you understand “selective enforcement” and how it applies to your homeowners’ association and the rules you have to follow.

Duties of HOA Board Members

 HOA FEES: WHAT YOU NEED TO KNOW

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.