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Union County, NC HOA Rules: Assessment & Dues (2026)

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

These county ordinances apply to unincorporated areas of Union County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

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?
No, not if the HOA is meant to maintain shared streets, open space, or recreational facilities. Section 60.050 requires the association's documents to give it actual legal authority to compel contributions from owners, not just request them.
Does the county set the amount of my HOA assessment?
No. The county's review under Section 60.050 is limited to confirming the association has clear legal authority to collect assessments for common-area maintenance; the amount, billing, and collection process are set by the HOA's own governing documents.
When does the county check the HOA's assessment authority?
Before the final subdivision plat is approved and recorded. The developer must submit the documents establishing the property owners association to the administrator at that stage under Section 60.050.

Sources & Official References

Other rules in Union County

All Union County rules

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