Concord, NC HOA Rules: Dispute Resolution (2026)
Key Facts
- Governing section
- CDO Sec. 9.13.7(B), item 6
- Applies to
- Conservation-subdivision HOAs
- Required in
- Bylaws or CC&Rs, before plat approval
- Mechanism type
- Not prescribed; developer's choice
- Reviewed by
- City at preliminary plat stage
Summary
Concord requires a conservation-subdivision HOA to build a dispute-resolution mechanism into its founding documents before the City approves the plat. CDO Sec. 9.13.7(B), item 6, mandates that the association's bylaws or declaration of covenants include a mechanism for resolving disputes among the owners or association members as one of eight required contents.
Homeowners' Association. A homeowners association shall be established if the common open space is proposed to be owned by a homeowners association. Membership in the association is mandatory for all purchasers of homes in the development and their successors. ... The homeowners' association bylaws or the declaration of covenants, conditions and restrictions of the homeowners association shall contain the following information: ... 6. A mechanism for resolving disputes among the owners or association members;
Full Breakdown
13's Conservation Subdivision District ties any homeowners association that will own shared open space to a defined set of governing-document requirements under Sec. 7(B). Before the City approves a conservation subdivision's preliminary plat, the developer must submit the HOA's bylaws or its declaration of covenants, conditions and restrictions, and those documents must contain eight specific items. Item 6 requires a mechanism for resolving disputes among the owners or association members, placed alongside the legal description of the common land, a description of common facilities, use restrictions, who may enforce them, the assessment mechanism for common expenses, and the terms for transferring land to the association.
The Ordinance doesn't prescribe the mechanism itself, whether mediation, an internal grievance committee, or binding arbitration, leaving that design choice to the developer and the association's drafters, but it makes some documented process a mandatory condition of plat approval. Because membership in the association is mandatory for every home purchaser and their successors under the same subsection, every owner in the subdivision is bound by whatever dispute process the approved bylaws establish. City staff check for the mechanism's presence when reviewing the preliminary plat submission, not its substantive fairness, so the requirement functions as a gatekeeping condition rather than a substantive dispute-resolution code the City itself administers.
Violations & Fines
A preliminary plat for a conservation subdivision that omits a dispute-resolution mechanism from the HOA's bylaws or CC&Rs does not satisfy CDO Sec. 9.13.7(B) and will not be approved. Once the subdivision is recorded, disputes over the process itself are a private HOA governance matter; City code enforcement authority under Article 1.5 reaches development or land-use violations, not internal association disagreements.
Frequently Asked Questions
Does Concord's code require an HOA to have a way to resolve disputes among owners?
Does the City specify what kind of dispute process an HOA must use?
Can the City resolve a dispute between an HOA and a homeowner?
Sources & Official References
Other rules in Concord
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