Under the NC Planned Community Act (Chapter 47F), HOAs in Charlotte may levy assessments as provided in their declarations. The association has a statutory lien on each lot for unpaid assessments under Section 47F-3-116. If assessments are overdue for 90 days, the association may initiate foreclosure proceedings after board approval and mailed notice to the homeowner. The lien has priority over most other liens except tax liens and first mortgages.
The NC Planned Community Act (Section 47F-3-115) authorizes HOAs to levy assessments as provided in the declaration. Assessment amounts and any increases must follow the procedures in the governing documents, which typically require a membership vote for increases above a certain threshold. Under Section 47F-3-116, the association has a statutory lien on each lot for any assessment levied against the lot from the time the assessment becomes due. The lien has priority over all liens and encumbrances except tax and governmental assessment liens, liens recorded before the declaration was recorded, and first mortgage or deed of trust liens. If assessments remain unpaid for 90 days, the board may authorize foreclosure of the assessment lien. Before initiating foreclosure, the association must provide a 15-day pre-lien notice by first-class mail. The association must also approve the foreclosure by a vote of the board. Under Section 47F-3-116(g), the association may not foreclose an assessment lien if the debt consists solely of fines. Late fees and interest on delinquent assessments are limited to the rates specified in the governing documents. The association must provide annual financial statements to all lot owners within 75 days of the fiscal year end.
Failure to pay assessments results in late fees, interest, lien filing, and potential foreclosure. The 90-day delinquency threshold triggers foreclosure eligibility. Owners must receive a 15-day pre-lien notice before the association files a claim of lien. The association may also pursue personal judgment against the owner for unpaid assessments.
Charlotte, NC
Charlotte's Unified Development Ordinance (UDO) Article 17 caps residential fences at 5 feet in front setbacks, 6 feet in side setbacks, and 8 feet in rear s...
Charlotte, NC
The Mecklenburg County Animal Care and Control Ordinance, applied countywide including Charlotte, requires every dog off the owner's property to be under suf...
Charlotte, NC
Charlotte has no city ordinance regulating year-round lawn ornaments, statuary, or religious displays at single-family properties. UDO Article 12 (Signs) exe...
Charlotte, NC
Charlotte has no zoning, building, or sign-code rule specifically targeting residential inflatable holiday displays. UDO Article 12 (Signs) exempts seasonal ...
Charlotte, NC
Charlotte has no city ordinance restricting when residents may install or must remove holiday lights at single-family homes. The Charlotte UDO Article 12 (Si...
Charlotte, NC
Built-in outdoor kitchens in Charlotte require permits for gas lines, electrical, plumbing, and any roofed structure under NC General Statute 160D-1110, with...
Side-by-side rule comparisons with other cities in Mecklenburg County.
See how other cities in Mecklenburg County handle assessment & dues.
See how Charlotte's assessment & dues rules stack up against other locations.
Quick Compare
Help us keep this page accurate. If you notice an error or outdated information, let us know.