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Winston-Salem, NC HOA Rules: Dispute Resolution (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Mediation
NCGS 7A-38.3F
Pre-Fine Hearing
Required by NCGS 47F-3-107.1
Court
Forsyth County Superior
Manager Oversight
NC Real Estate Commission
Appeal
Per bylaws

Summary

NC encourages HOA-owner disputes to be resolved through negotiation and mediation before litigation. NCGS 7A-38.3F provides for voluntary mediation. Owners may also file complaints with the NC Real Estate Commission against licensed community managers.

Unless a specific procedure for the imposition of fines or suspension of planned community privileges or services is provided for in the declaration, a hearing shall be held before the executive board or an adjudicatory panel appointed by the executive board to determine if any lot owner should be fined or if planned community privileges or services should be suspended pursuant to the powers granted to the association in G.S. 47F-3-102(11) and (12). Any adjudicatory panel appointed by the executive board shall be composed of members of the association who are not officers of the association or members of the executive board. The lot owner charged shall be given notice of the charge, opportunity to be heard and to present evidence, and notice of the decision. If it is decided that a fine should be imposed, a fine not to exceed one hundred dollars ($100.00) may be imposed for the violation and without further hearing, for each day more than five days after the decision that the violation occurs. Such fines shall be assessments secured by liens under G.S. 47F-3-116. If it is decided that a suspension of planned community privileges or services should be imposed, the suspension may be continued without further hearing until the violation or delinquency is cured. The lot owner may appeal the decision of an adjudicatory panel to the full executive board by delivering written notice of appeal to the executive board within 15 days after the date of the decision. The executive board may affirm, vacate, or modify the prior decision of the adjudicatory body.

Full Breakdown

Before filing suit, many HOA governing documents and NCGS 7A-38.3F authorize mediation of disputes between associations and owners. The Dispute Resolution Commission maintains a roster of certified mediators. Mediation is confidential and non-binding unless the parties reach agreement. For disputes involving enforcement actions, NCGS 47F-3-107.1 requires a hearing before fines can be imposed, with notice to the owner and an opportunity to be heard. Owners may appeal board decisions through procedures in the bylaws. Lawsuits involving HOA covenants are typically filed in Forsyth County Superior Court. Licensed community association managers are regulated by the NC Real Estate Commission and must follow rules on trust accounting and conflicts of interest. Owners can file verified complaints with the commission.

Violations & Fines

Failure to hold a required hearing before imposing fines can invalidate enforcement and expose the HOA to attorneys fees under NCGS 47F-3-120.

Frequently Asked Questions

Do I have to go to mediation?
Most declarations require it before litigation. Check your covenants.
Can I sue my HOA?
Yes in Forsyth County Superior Court after exhausting governing document procedures.

Sources & Official References

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