Winston-Salem, NC HOA Rules: Assessment & Dues (2026)
Key Facts
- Authority
- NCGS 47F-3-115
- Late Fee Cap
- 20 dollars or 10 percent
- Lien
- Attaches when due
- Foreclosure
- Non-judicial available
- Special Assessment
- Owner approval if over cap
Summary
Winston-Salem HOAs collect assessments under authority of NCGS 47F-3-115. Regular assessments fund operations and reserves. Special assessments require owner approval if they exceed limits in the declaration. Unpaid assessments can lead to liens and foreclosure.
(a) Except as otherwise provided in the declaration, until the association makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the association, assessments thereafter shall be made at least annually. (b) Except for assessments under subsections (c), (d), and (e) of this section, all common expenses shall be assessed against all the lots in accordance with the allocations set forth in the declaration. Any past-due common expense assessment or installment thereof bears interest at the rate established by the association not exceeding eighteen percent (18%) per year. For planned communities created prior to January 1, 1999, interest may be charged on any past-due common expense assessment or installment only if the declaration provides for interest charges, and where the declaration does not otherwise specify the interest rate, the rate may not exceed eighteen percent (18%) per year. (c) To the extent required by the declaration: (1) Any common expense associated with the maintenance, repair, or replacement of a limited common element shall be assessed against the lots to which that limited common element is assigned, equally, or in any other proportion that the declaration provides; (2) Any common expense or portion thereof benefiting fewer than all of the lots shall be assessed exclusively against the lots benefitted; and (3) The costs of insurance shall be assessed in proportion to risk and the costs of utilities shall be assessed in proportion to usage.
Full Breakdown
NCGS 47F-3-115 authorizes HOAs to levy assessments in proportion to the allocation set in the declaration. Budgets are typically adopted annually by the board and ratified by owners unless rejected by a majority under NCGS 47F-3-103. Special assessments for major expenses generally require owner approval by a percentage set in the governing documents. Unpaid assessments become a lien on the owners lot from the date due under NCGS 47F-3-116. Associations may foreclose through the clerk of superior court after providing notice and opportunity to cure. Interest on delinquent amounts is capped by NC usury law. Attorneys fees may be recovered by the association under the declaration. Late fees typically cannot exceed 20 dollars or 10 percent of the unpaid assessment per NCGS 47F-3-107.1.
Violations & Fines
Failure to pay can result in late fees, interest, lien filing, and ultimately non-judicial foreclosure sale.
Frequently Asked Questions
Can my HOA foreclose on unpaid dues?
What is the max late fee?
Sources & Official References
- [1]NCGS 47F
Other rules in Winston-Salem
Compare Winston-Salem to another location·View the North Carolina hoa rules overview
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