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Concord, NC HOA Rules: Dispute Resolution (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
For conservation subdivisions, yes. CDO Sec. 9.13.7(B), item 6, requires the HOA's bylaws or declaration of covenants to include a mechanism for resolving disputes among owners or association members before the City will approve the preliminary plat.
Does the City specify what kind of dispute process an HOA must use?
No. The Ordinance requires that some mechanism exist in the governing documents but leaves the design, whether mediation, an internal committee, or arbitration, to the developer and the association. The City checks only that a mechanism is present when it reviews the preliminary plat.
Can the City resolve a dispute between an HOA and a homeowner?
Not under this section. Sec. 9.13.7(B) sets a plat-approval condition requiring the association's own documents to provide a dispute process; internal HOA disputes are handled through that private mechanism, not by City code enforcement, which addresses land-use and development violations.

Sources & Official References

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