Brunswick County, NC HOA Rules: CC&R Enforcement (2026)

Brunswick County does not referee disputes between a homeowner and a subdivision's homeowners association. Section 9.3, Development Permit Requirements, of the county's Unified Development Ordinance spells out what the Zoning Administrator must do once an applicant satisfies the UDO: under subsection F.1.iii, the Administrator 'shall issue a permit when the imposed conditions of this Ordinance are complied with by the applicant regardless of whether the use of the permit would violate contractual or other arrangements (including, but not by way of limitation, restrictive covenants) among private parties.' In plain terms, if a fence, accessory structure or home addition meets the county's zoning district, setback and dimensional standards, the county issues the permit even if the project breaks a private deed restriction or an HOA's architectural guidelines.

That split cuts both ways. Section 9.3.F.1.ii separately bars the Zoning Administrator from waiving any UDO standard for a permit applicant, so a homeowner cannot use HOA approval or a variance from their association to get around the county's own dimensional or use requirements either. The permit is a purely public-law determination that the plans conform to county zoning; it says nothing about whether the project complies with the recorded covenants, bylaws or design review process that bind the lot in a private subdivision.

Enforcing a CC&R violation, an unapproved paint color, a fence style an architectural review committee rejected, or a prohibited detached structure, is the HOA's job, pursued through its own governing documents and, if necessary, North Carolina civil court under Chapter 47F, the Planned Community Act, or the applicable declaration. Brunswick County's Planning and Community Development Department has no statutory role in that private dispute and will not withhold or revoke a zoning permit merely because an HOA objects to the project.