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Concord, NC HOA Rules: Assessment & Dues (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
CDO Sec. 9.13.7(B), item 5
Applies to
HOAs owning conservation-subdivision open space
Reviewed when
Preliminary plat submission
Must cover
Dues, upkeep, taxes, insurance premiums
Membership
Mandatory for all home purchasers

Summary

Concord's Development Ordinance requires an HOA formed to own a conservation subdivision's open space to build assessment authority into its founding documents. Under CDO Sec. 9.13.7(B), the bylaws or CC&Rs the City approves with the preliminary plat must include a mechanism to assess and enforce common expenses, covering upkeep, maintenance, real estate taxes and insurance premiums on shared facilities.

Homeowners' Association. A homeowners association shall be established if the common open space is proposed to be owned by a homeowners association. Membership in the association is mandatory for all purchasers of homes in the development and their successors. The homeowners' association bylaws, guaranteeing continuing maintenance of the open space and other common facilities, and the declaration of covenants, conditions and restrictions of the homeowners association shall be submitted for approval to the City as part of the information required for the preliminary plat. The homeowners' association bylaws or the declaration of covenants, conditions and restrictions of the homeowners association shall contain the following information: ... 5. A mechanism to assess and enforce the common expenses for the land or facilities (e.g., utility systems, private roads and other public or quasi-public improvements) including upkeep and maintenance expenses, real estate taxes and insurance premiums;

Full Breakdown

13 of the Development Ordinance, lets a developer meet density and open-space goals by clustering homes and preserving the remainder as protected open space. 7 governs who owns and maintains that open space and the common facilities that go with it, offering four alternatives: a homeowners association, a nonprofit conservation organization, public dedication to the City, or an individual using the land for open space or agriculture. When the developer picks the homeowners association route, Sec. 7(B) requires that the association actually be established, that membership be mandatory for every home purchaser in the development and their successors, and that the association's bylaws and its declaration of covenants, conditions and restrictions be submitted to the City for approval as part of the preliminary plat package, before lots can be sold.

Those governing documents must include eight specific items, and item 5 is the assessment mechanism: a mechanism to assess and enforce the common expenses for the land or facilities, including utility systems, private roads and other public or quasi-public improvements, upkeep and maintenance expenses, real estate taxes and insurance premiums. In practice this means the HOA's CC&Rs must spell out how dues are levied and collected and what happens when an owner doesn't pay, covering everything from private road upkeep to insurance on the shared open space, before the City will approve the subdivision.

The requirement sits alongside separate items in the same subsection covering the legal description of the common land, who can enforce the restrictions, and how disputes among owners get resolved.

Violations & Fines

The City reviews HOA bylaws and CC&Rs for the required assessment mechanism at the preliminary plat stage under CDO Sec. 9.13.7(B); a plat that omits it will not receive approval. Once recorded, failing to maintain the open space or common facilities consistent with the approved documents is enforceable under Article 1.5, carrying a $100-per-day civil penalty for a first offense after a 7-day warning and $300 per day for a repeat offense within 36 months.

Frequently Asked Questions

Does Concord require HOA dues to be enforceable?
For conservation subdivisions, yes. CDO Sec. 9.13.7(B) requires the HOA's bylaws or CC&Rs to include a mechanism to assess and enforce common expenses, covering upkeep, maintenance, real estate taxes and insurance premiums, before the City will approve the preliminary plat.
When does the City check an HOA's assessment rules?
At the preliminary plat stage. The developer must submit the proposed homeowners association bylaws or declaration of covenants for City approval as part of the information required for the preliminary plat, and the assessment mechanism is one of eight required contents under Sec. 9.13.7(B).
Does this apply to every HOA in Concord?
No. Section 9.13.7 applies specifically to the Conservation Subdivision District created under CDO Article 9.13, where open space is proposed to be owned by a homeowners association. It does not regulate HOAs formed outside that district.

Sources & Official References

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