Cornelius HOAs enforce covenants, conditions, and restrictions through fines, liens, and injunctions under NCGS 47F-3-107.1. Fines require notice and an opportunity to be heard before a hearing committee.
NCGS 47F-3-107.1 sets the procedure for imposing fines and suspending privileges: the association must give the owner written notice of the violation and the opportunity for a hearing before a committee of at least three members (not on the board). Fines may not exceed 100 dollars per day after the hearing, and suspensions of common area privileges must be reasonable. Injunctions to enforce covenants are available in court, and attorney fees may be recovered per the governing documents. CCR enforcement must be consistent; selective enforcement can be raised as a defense.
CCR violation after hearing: up to 100 dollars per day. Association procedural failure: owner defense and fee recovery.
See how other cities in Mecklenburg County handle cc&r enforcement.
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