Questions that require a lengthy and more thorough answer may be found on the Articles page.

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Question: What laws apply to homeowner associations?
Answer: The association is governed by a chain of governing documents. 
  • The Articles of Incorporation filed with the Secretary of State provide the legal basis of the association in the form of an Incorporated Non-Profit Corporation.
  • The recorded map or 'plat' defines each owner's title to property including the association's title to common areas. 
  • The CCR's (Covenants, Conditions, and Restrictions) are publicly recorded deed restrictions. 
  • The Bylaws are the rules for management and administration. 
  • Resolutions are additional rules and regulations that the association may adopt. 
  • Federal Laws also apply.  Some but not all include the The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act, and the Fair Debt Collection Practices Act.
  • State Laws affecting homeowner associations are primarily contained in the North Carolina General Statutes Chapter 55A (The North Carolina Corporations Act); and either Chapter 47F (The Planned Community Act); or Chapter 47C (The North Carolina Condominium Act).  Additional state laws regulate stormwater runoff, coastal development, elevator inspections for condos, and pool operations to name a few. 
  • Local Ordinances, while not specific to homeowner associations, apply to building codes, animal control, abandoned cars, water restrictions, etc. 
  • Additional legal regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, and real estate brokers; as well as lender requirements.

Additional resources include:  The HOA-NC Guide to Homeowner Association Laws and Seminars.  The HOA-NC Partner Directory also provides contact information for many Law Firms with HOA practice experience.