CC&R Enforcement: Cary vs Raleigh
How do cc&r enforcement rules compare between Cary, NC and Raleigh, NC?
Cary and Raleigh have similar restriction levels.
Cary, NC
Wake County
Wake County does not regulate HOAs — they are private entities governed by recorded CCRs and NC Planned Community Act (NCGS Ch. 47F) and Condo Act (NCGS Ch. 47C). The county will not intervene in HOA disputes; disputes go to mediation, arbitration, or NC civil court.
View full Cary rules →Raleigh, NC
Wake County
CCRs (covenants, conditions, and restrictions) are enforceable contracts recorded against each lot in a Raleigh planned community under NC Gen Stat Chapter 47F. Enforcement runs both ways: the HOA can sue owners to compel compliance and levy fines, and owners can sue the HOA or neighbors for violations. Selective or inconsistent enforcement can be a defense, and NC has a 5-year statute of limitations on most covenant violation claims.
View full Raleigh rules →Key Facts Comparison
| Fact | Cary | Raleigh |
|---|---|---|
| Governing law | NCGS Ch. 47F | - |
| Effective date | Jan 1, 1999+ | - |
| Hearing right | §47F-3-107.1 | - |
| Foreclosure | Allowed for unpaid dues | - |
| County role | None | - |
| - | - |
Highlighted rows indicate differences between cities.
Cary FAQ
Can the county make my HOA back off?
No — HOAs are private. Disputes go to mediation or NC Superior Court under the Planned Community Act.
Can the HOA foreclose for $200 in unpaid dues?
Yes, technically — NCGS §47F-3-116 allows lien and foreclosure, though most lenders intervene long before that.
Do I get a hearing before a fine?
Yes — NCGS §47F-3-107.1 requires written notice and an opportunity to be heard before fines can be imposed.
Raleigh FAQ
Can my HOA enforce rules that aren't in the recorded CCRs?
Only if the CCRs authorize the board to adopt additional rules. Rules adopted beyond CCR authority, or that contradict CCR terms, are generally unenforceable.
What if my neighbor has the same violation but isn't cited?
Selective or inconsistent enforcement is a recognized defense under NC law. Document the disparity and raise it at your hearing or in any court proceeding.
Compare other topics
See how Cary and Raleigh compare on other ordinance categories.
Want to add a third city?
Use our full comparison tool to compare up to three cities.
Open Comparison Tool