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Concord, NC HOA Rules: Board Governance (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)
Membership
Mandatory for all purchasers and successors
Reviewed when
Preliminary plat submission
Required document items
8, from legal description to disputes
Approving body
City of Concord, preliminary plat review

Summary

Concord requires mandatory HOA membership and City-approved governing documents for any conservation subdivision whose open space is owned by a homeowners association. CDO Sec. 9.13.7(B) makes membership binding on every home purchaser and their successors and lists eight items the association's bylaws or CC&Rs must cover before the City approves the preliminary plat.

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, guaranteeing continuing maintenance of the open space and other common facilities, and the declaration of covenants, conditions and restrictions of the homeowners association shall be submitted for approval to the City as part of the information required for the preliminary plat. The homeowners' association bylaws or the declaration of covenants, conditions and restrictions of the homeowners association shall contain the following information: 1. The legal description of the common land; 2. A description of common facilities; 3. The restrictions placed upon the use and enjoyment of the lands or facilities; 4. Persons or entities entitled to enforce the restrictions;

Full Breakdown

When a conservation subdivision developer chooses to have a homeowners association own the required open space, CDO Sec. 7(B) sets the governance baseline. The association shall be established, and membership is mandatory for all purchasers of homes in the development and their successors, meaning no owner in the subdivision can opt out of HOA membership or its obligations. Before the City approves the preliminary plat, the developer must submit the association's bylaws, described in the code as guaranteeing continuing maintenance of the open space and other common facilities, along with the declaration of covenants, conditions and restrictions, for City review and approval.

Those documents must contain eight specific items: the legal description of the common land; a description of the common facilities; the restrictions placed on use and enjoyment of the land or facilities; the persons or entities entitled to enforce those restrictions; a mechanism to assess and enforce common expenses; a mechanism for resolving disputes among owners or members; the conditions and timing for transferring land and control to the association; and any other matter the developer deems appropriate. This governance package is a precondition to plat approval, not an optional add-on, giving the City leverage over how the association is structured before a single lot sells, while leaving the substantive content, dues levels, enforcement procedures, dispute process, to the developer and the association's drafters within those eight required categories.

Violations & Fines

A conservation-subdivision preliminary plat that lacks City-approved HOA bylaws or CC&Rs covering all eight required items under CDO Sec. 9.13.7(B) will not be approved; the requirement is enforced at the plat-review stage by the Planning and Zoning Commission and Planning and Development Services staff rather than through the Article 1.5 civil-penalty schedule that governs post-approval land-use violations.

Frequently Asked Questions

Can a homeowner in a Concord conservation subdivision opt out of the HOA?
No. CDO Sec. 9.13.7(B) makes membership in the homeowners association mandatory for all purchasers of homes in the development and their successors whenever the subdivision's common open space is owned by that association.
What must an HOA's governing documents cover before Concord approves a conservation subdivision?
Eight items under Sec. 9.13.7(B): the legal description of the common land, a description of common facilities, use restrictions, who can enforce them, an expense-assessment mechanism, a dispute-resolution mechanism, transfer terms for the land, and any other matter the developer deems appropriate.
When does the City review the HOA's bylaws?
Before approving the preliminary plat. The developer must submit the association's bylaws or declaration of covenants, conditions and restrictions to the City as part of the information required for the preliminary plat, and approval is a precondition to moving the subdivision forward.

Sources & Official References

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