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

In Durham planned communities, Covenants, Conditions, and Restrictions (CC&Rs) are legally binding obligations that run with the land and are enforceable under the North Carolina Planned Community Act, N.C.G.S. Chapter 47F. The executive board has authority to enforce the CC&Rs through a graduated process. The board must first provide written notice identifying the specific violation and citing the applicable covenant provision. The homeowner must receive at least 10 days notice before any hearing. At the hearing, the homeowner has the right to appear before the board or an independent panel, present evidence, and receive a written decision. Under N.C.G.S. 47F-3-107.1, fines are limited to $100 per violation and $100 per day for continuing violations. A cumulative cap of $2,500 applies for continuing violations without a new hearing. The board may also seek injunctive relief in court to compel compliance with CC&Rs. Selective enforcement, where the board enforces rules against some homeowners but not others, may be raised as a legal defense. HOA boards in Durham must act consistently and in good faith when enforcing community standards.