Union County, NC HOA Rules: Assessment & Dues (2026)
Key Facts
- Trigger
- Owners maintain streets/open space/facilities
- Required power
- Compel contributions for maintenance share
- Documents due
- Before final plat approval/recordation
- County review scope
- Limited to confirming legal authority exists
Summary
Union County will not approve a final subdivision plat unless any property owners association responsible for shared streets or open space is legally set up with the power to compel owners to pay their share of maintenance costs.
Establishment If property owners will be responsible for the maintenance and control of streets, open space, recreational facilities, or other infrastructure or improvements within a subdivision, a property owners association must be established. The property owners association must have legal authority to maintain and exercise control over the common areas and facilities to be maintained, including the power to compel contributions from residents or property owners to cover their proportionate share of the costs associated with maintenance.
Full Breakdown
050 of the Unified Development Ordinance requires a property owners association whenever property owners, rather than the county or a municipality, will be responsible for maintaining and controlling streets, open space, recreational facilities, or other shared infrastructure within a subdivision. That association must have legal authority to maintain and exercise control over the common areas and facilities it covers, and the ordinance singles out one specific power the association must hold: the power to compel contributions from residents or property owners to cover their proportionate share of maintenance costs.
In practice, this means the county will not approve a plat for a development with an HOA-maintained pool, entrance landscaping, or private street unless the HOA's governing documents actually give it enforceable assessment authority, not just a voluntary dues arrangement. The developer must submit the documents establishing the association to the planning administrator before the final plat is approved and recorded, and county staff review is expressly limited to confirming that clear legal authority over common areas and assessment collection exists; the county does not otherwise regulate how the HOA calculates or spends its dues. This requirement applies to subdivisions platted anywhere the UDO governs, meaning unincorporated Union County outside any town's corporate or extraterritorial jurisdiction.
Violations & Fines
There is no separate fine tied to this section because it operates as a plat-approval condition rather than a standing prohibition: the administrator simply will not approve or record a final plat if the submitted property owners association documents fail to show the required assessment-compelling authority. If a development is built or lots are sold without the required association being properly established, the general UDO violation and enforcement provisions of Section 95.020 apply, including permit denial or revocation and misdemeanor penalties of up to a $500 fine or 30 days imprisonment under NCGS 14-4.
Frequently Asked Questions
Can a Union County subdivision have an HOA that only asks for voluntary dues?
Does the county set the amount of my HOA assessment?
When does the county check the HOA's assessment authority?
Sources & Official References
Other rules in Union County
Compare Union County to another location·View the North Carolina hoa rules overview
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