North Carolina's G.S. 47F-3-107.1 requires due process before an HOA can fine an owner. A hearing must be held before the executive board or an adjudicatory panel, with notice of the charge and an opportunity to be heard. A fine may not exceed $100, but it can recur for each day a continuing violation persists.
G.S. 47F-3-107.1 conditions any fine on a hearing "held before the executive board or an adjudicatory panel appointed by the executive board." The lot owner "shall be given notice of the charge, opportunity to be heard and to present evidence, and notice of the decision." If the board or panel decides a violation occurred, "a fine not to exceed one hundred dollars ($100.00) may be imposed for the violation." For continuing violations, additional fines of up to $100 may be imposed "without further hearing, for each day more than five days after the decision" that the violation continues. Any fine is treated as an assessment and can ultimately be enforced through the lien process, though fine-only liens require judicial foreclosure.
Up to $100 per violation, plus up to $100 per day for each day a continuing violation persists more than five days after the decision. Unpaid fines become an assessment, but a lien for fines alone can only be foreclosed judicially.
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