Charlotte HOA architectural review boards (ARB/ARC) operate under NC Gen Stat §47F-3-107.1 of the Planned Community Act. Associations must have written standards, provide reasonable review timelines (typically 30-60 days), and allow appeals. Decisions denying approval must state reasons in writing. Homeowners have enforcement and challenge rights through the courts.
Most Charlotte neighborhoods with HOAs require Architectural Review Committee (ARC) or Architectural Review Board (ARB) approval before exterior modifications. The framework is set by NC Gen Stat Chapter 47F (Planned Community Act) for most post-1999 communities and §47C (Condo Act) for condos.
Required written standards: Under §47F-3-107.1, associations must have written architectural guidelines that are: - Adopted in accordance with the declaration and bylaws - Consistently applied without discrimination - Specific enough to give owners fair notice of what is allowed - Recorded or otherwise available to owners
Application process: ARC processes typically require: 1. Submittal of a written application with plans, elevations, material samples, and color chips 2. Fee (commonly $25-$100, sometimes $250+ for major projects) 3. Review period of 30-60 days; the declaration may set the exact timeline 4. Written decision stating approval, conditional approval, or denial 5. Appeal to the full Board of Directors within a set period (often 30 days)
Implied approval: Some declarations contain deemed-approval clauses - if the ARC does not respond within the review period, the application is considered approved. This is a powerful owner protection where applicable.
Reasonable decisions: Courts (including the NC Court of Appeals in Wise v. Harrington Grove) have held that ARC decisions must be reasonable, non-arbitrary, and applied evenly. An owner who can show disparate treatment (neighbor allowed, owner denied for the same thing) can challenge denial.
Subjects commonly reviewed: - Paint colors, roof materials, and exterior modifications - Fences, sheds, and outbuildings - Pools, hot tubs, and patios - Solar panels (protected by §47F-3-121.3 - cannot be unreasonably prohibited) - Flags (US flag protected by §47F-3-121.2) - EV chargers (§47F-3-121) - Landscape changes including tree removal - Play equipment and trampolines
Enforcement against unapproved work: HOAs may seek injunctions requiring removal of non-approved improvements and can assess fines under hearing procedures.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Charlotte code enforcement directly for current fines, enforcement procedures, and hearing options.
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