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

The North Carolina Planned Community Act provides Durham HOAs with specific authority to levy and collect assessments. Under N.C.G.S. 47F-3-115, the association may levy assessments against lot owners to fund common expenses, maintenance, and reserves as outlined in the annual budget approved at the membership meeting. The budget must be ratified at the annual meeting and distributed to lot owners with proper notice. Under N.C.G.S. 47F-3-116, an association has a lien on every lot for any assessment levied against that lot from the time the assessment becomes due. The association may record the lien in the Durham County Register of Deeds office and may foreclose the lien in the same manner as a mortgage. The association may also recover reasonable attorney fees and costs of collection if authorized by the declaration. Special assessments beyond the regular budget require approval according to the procedures set forth in the declaration and bylaws, typically requiring a membership vote. Lot owners have the right to inspect association financial records under N.C.G.S. 47F-3-118. Contact the NC Real Estate Commission at (919) 875-3700 for questions about HOA assessment authority.