Durham HOA architectural review authority comes from Declaration of Covenants under N.C.G.S. 47F. Review Committees must apply objective standards and act in good faith.
In Durham planned communities, the authority for architectural review comes from the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) as authorized under the North Carolina Planned Community Act, N.C.G.S. Chapter 47F. Architectural Review Committees (ARCs) may regulate exterior modifications, landscaping changes, paint colors, fencing, and other aesthetic matters as specified in the community declaration. North Carolina law requires that architectural review be conducted reasonably and in good faith, with decisions based on the merits of each application rather than arbitrary considerations. Property owners must typically submit detailed plans and specifications for proposed modifications. The review process should include reasonable timeframes for committee action. Many declarations include automatic approval provisions when the ARC fails to act within a specified period, commonly 30 to 60 days. ARCs cannot create new architectural standards without board approval and cannot levy fines directly for violations; fining authority resides with the executive board. Under N.C.G.S. 47F-3-107.1, fines for covenant violations are capped at $100 per violation and $100 per day for continuing violations, with a $2,500 cumulative cap without a new hearing.
Performing exterior modifications without ARC approval may result in a notice of violation from the HOA board. Under N.C.G.S. 47F-3-107.1, fines are capped at $100 per violation and $100 per day for continuing violations, with a $2,500 cumulative cap for continuing violations without a new hearing. Homeowners must receive at least 10 days written notice before a fine hearing.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Durham, NC
Durham caps daytime sound at 60 dBA (8 AM to 11 PM) and nighttime sound at 50 dBA (11 PM to 8 AM) under Ch. 26, Sec. 26-23. Measured at property line using A...
Durham, NC
Durham UDO Section 9.9 limits residential fences to 4 feet in front yards and 8 feet in side and rear yards. Corner lots face additional restrictions along s...
Durham, NC
Durham does not require a permit for most residential fences or walls. Permits are required for retaining walls, pool barriers on single-family parcels, prop...
Durham, NC
Durham UDO Section 9.9 sets general fence standards including setbacks, orientation, and vision-clearance rules. Fences between structures and streets within...
Durham, NC
Durham requires a building permit for all retaining walls. Retaining walls over 4 feet at street frontage must be terraced in Design Districts. Walls over 8 ...
Durham, NC
Durham UDO 9.9 prohibits razor wire, concertina wire, and barbed wire in residential districts. Uncoated chain link is banned in CI and Design Districts.
See how Durham's architectural review rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.