North Carolina HOA laws

North Carolina HOA and Condo Laws, in Plain English

North Carolina has 2 statutes that govern community associations: Condominium Act and Planned Community Act. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

The actsWhen a home sellsQuestions

HOA laws

North Carolina

NC
Condominium Act Planned Community Act
Resale documentResale Certificate
Fee capNo fixed dollar cap
DeadlineNone set by statute
Buyer may cancelNo statutory right tied to this document

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

N.C.G.S. 47C (Condominium Act)

Condominiums

The North Carolina Condominium Act governs condominiums created in North Carolina after October 1, 1986, with a number of provisions also reaching back to older condominiums for events occurring after that date. It covers how a condominium and its declaration are created, altered, or terminated, how the unit owners' association is organized and governed, assessment and lien procedures, and the disclosures owed to purchasers and unit owners.

  • N.C.G.S. 47C-4-109 (Resales of units)

    This section requires a unit owner who is reselling a unit to give the prospective purchaser a statement disclosing the current common expense assessment and any other fees payable by unit owners, so the buyer has visibility into ongoing association costs before the sale closes.

    Official text

  • N.C.G.S. 47C-3-118 (Association records)

    This section requires the association to keep detailed financial records, provide unit owners with annual financial statements at no charge, and furnish a statement of unpaid assessments and charges on written request. It also caps the fee the association may charge for that statement and sets a deadline for delivering it, with a further expedited option available near closing.

    Official text
Read N.C.G.S. 47C on the state's site

N.C.G.S. 47F (Planned Community Act)

HOAs and planned communities

The North Carolina Planned Community Act governs planned communities, the state's general term for homeowners associations, that were established on or after January 1, 1999, with several provisions also applying to older communities for events occurring after that date. It covers creation and amendment of the declaration, the association's powers and governance, assessments and liens, meetings, and owner access to association records. A planned community of 20 lots or fewer, or one made up entirely of nonresidential lots, is outside the Act unless its declaration provides otherwise (47F-1-102(b)).

  • N.C.G.S. 47F-3-118 (Association records)

    This section requires the owners' association to keep financial records, provide lot owners with annual financial statements at no charge, and furnish a statement of unpaid assessments and charges on written request within a set deadline. It also caps the fee the association may charge for that statement, including an expedited option available near closing.

    Official text
Read N.C.G.S. 47F on the state's site

When a Home Sells in North Carolina

North Carolina law has the association furnish resale certificate to the buyer, under N.C.G.S. 47C-4-109. The figures below come from the rules Havn applies to every order.

What North Carolina calls the resale document
Resale Certificate
Fee cap
No fixed dollar cap
Delivery deadline
None set by statute
Buyer's right to cancel
No statutory right tied to this document

On written request of a unit or lot owner or the owner's authorized agent, the association must furnish a statement of unpaid assessments and other charges against the unit or lot within 10 business days after receipt of the request; the statement is binding on the association, the executive board, and every unit or lot owner, so a purchaser or lender may rely on it at closing (N.C.G.S. 47C-3-118(b); 47F-3-118(b)).

The full North Carolina resale rules, who pays, and how to order are on the North Carolina resale certificate page. Every state's cap and deadline sit side by side in the fee and deadline table.

North Carolina HOA Law Questions

Which law governs condominiums in North Carolina?

N.C.G.S. 47C (Condominium Act). The North Carolina Condominium Act governs condominiums created in North Carolina after October 1, 1986, with a number of provisions also reaching back to older condominiums for events occurring after that date.

Which law governs HOAs in North Carolina?

N.C.G.S. 47F (Planned Community Act). The North Carolina Planned Community Act governs planned communities, the state's general term for homeowners associations, that were established on or after January 1, 1999, with several provisions also applying to older communities for events occurring after that date.

Does North Carolina cap the fee for a resale certificate?

No. North Carolina sets no dollar cap on resale certificate, so the association or its management company sets the fee within the statute.

How long does a North Carolina association have to deliver resale certificate?

North Carolina sets no statutory deadline. The closing date sets the pace.

Where can I read the North Carolina statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Nearby States

South Carolina HOA laws

Resale fee: no fixed dollar cap · no statutory deadline

Virginia HOA laws

Resale fee: $176.64 · 14 days

Georgia HOA laws

Resale fee: no fixed dollar cap · 5 business days

Tennessee HOA laws

Resale fee: no fixed dollar cap · 10 business days

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a North Carolina community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.

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