NCGS 7A-38.3F requires pre-litigation mediation for most HOA disputes in Mecklenburg County other than assessment collection. Either party may initiate mediation by written demand; failure to participate may result in attorney fee sanctions.
Mediation is conducted by a certified NC Dispute Resolution Commission mediator and paid equally unless otherwise agreed. Disputes over interpretation of the declaration, architectural decisions, and rule enforcement all fall within the statute. Assessment collection, foreclosures, and amendment disputes are exempt. Cases proceed to Mecklenburg District or Superior Court only after mediation or opt-out. Owners may also file complaints with the NC Attorney General Consumer Protection Division for governance concerns.
Contact your local code enforcement office for specific penalty information.
See how Mecklenburg County's dispute resolution rules stack up against other locations.
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