Franklin County, NC HOA Rules: Board Governance (2026)
Key Facts
- Required when
- development has common assets/property
- POA duties
- insurance, taxes, common area upkeep
- Default trigger
- 6 months unpaid assessment/tax
- Owner liability
- pro-rata share after default
- Payment deadline
- 30 days after notice
- County remedy
- continuing lien or foreclosure
Summary
Franklin County's Unified Development Code requires subdivisions with common assets to form a property owners association responsible for maintaining common areas, features and private infrastructure. If the association defaults on County assessments or taxes for six months, individual lot owners become personally liable for their share, backed by a lien.
A.Purpose1.The purpose of this Section is to set out the requirements for establishment of a property owners association (including and used interchangeably with "homeowner's association") that shall be responsible for the long-term maintenance of common areas, common features, and private infrastructure in a subdivision or development with property or assets in common ownership.B.Property Owners' Associations are required to ensure maintenance of any common assets or property that are required for compliance with this UDO or any approval granted in accordance with this UDO. ... Upon default by the Property Owners' Association in the payment to the County entitled thereto of any assessments for public improvements or ad valorem taxes levied against the common areas, which default shall continue for a period of six (6) months, each Owner of a lot in the development shall become personally obligated to pay to the County a portion of the taxes or assessments in an amount determined by dividing the total taxes and/or assessments due to the County by the total number of lots in the development.
Full Breakdown
UDC § 7.2.5.A establishes that a property owners association, used interchangeably with homeowner's association, must be formed to handle the long-term maintenance of common areas, common features and private infrastructure whenever a subdivision or development has property or assets in common ownership. Section 7.2.5.B makes the POA responsible for maintaining any common asset required for UDO compliance or tied to any approval granted under the UDO, and § 7.2.5.C.1 spells out specific duties: paying liability insurance premiums and local taxes, maintaining recreational and other common facilities, and paying assessments for public and private improvements benefiting the common areas.
The default provision in § 7.2.5.C.2 has teeth: if the POA defaults on paying the County any assessment or ad valorem tax on common areas for six months, each lot owner becomes personally obligated for a pro-rata share, calculated by dividing the total amount due by the number of lots in the development; an owner who doesn't pay within thirty days of notice faces a continuing lien on their property, and the County can sue the owner directly or foreclose the lien. Section 7.2.5.C.3 also guarantees every lot owner an easement over the common areas for access, ingress, egress and enjoyment, including parking.
These POA obligations arise as part of the subdivision approval standards in Article 7, and the general Article 3 enforcement scheme applies to the association's compliance duties the same as any other UDO requirement.
Violations & Fines
A defaulting POA exposes individual lot owners to personal liability for their pro-rata share of unpaid County assessments or taxes after six months under § 7.2.5.C.2, followed by a continuing lien if unpaid within thirty days of notice; the County may sue the owner directly or foreclose the lien, separate from the general Article 3 civil penalty and misdemeanor scheme for other UDO violations.
Frequently Asked Questions
Is a homeowners association required for every new subdivision in Franklin County?
What happens if the HOA stops paying the county's assessments?
Do lot owners have any guaranteed rights over the HOA's common areas?
Sources & Official References
Other rules in Franklin County
Compare Franklin County to another location·View the North Carolina hoa rules overview
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