NCGS 22B-20 preempts HOA solar bans in Mecklenburg County. HOAs may impose reasonable aesthetic placement rules but cannot prohibit installation or substantially increase cost. Disputes resolved through NC Planned Community Act NCGS Chapter 47F.
NCGS 22B-20 voids any covenant, restriction, or condition that would effectively prohibit solar collector installation. Reasonable restrictions may specify rear or side-slope placement when such placement does not reduce energy production by more than 10 percent or cost over 5 percent more. HOAs in Ballantyne, Highland Creek, Piper Glen, and other Mecklenburg communities have updated CC and Rs post-2007 to comply. Violations of NCGS 22B-20 give the homeowner right to sue for injunctive relief and attorney fees. NC Planned Community Act (NCGS Chapter 47F) governs HOA dispute resolution. No state registration of HOAs in NC.
HOA refusal to permit solar: homeowner may sue for injunctive relief plus attorney fees under NCGS 22B-20.
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Mecklenburg County, NC
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Mecklenburg County, NC
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Mecklenburg County, NC
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Mecklenburg County, NC
HOAs in Mecklenburg County may impose fines up to 100 dollars per violation per day under NCGS 47F-3-107.1 after a hearing before an adjudicatory panel of un...
Mecklenburg County, NC
NCGS 7A-38.3F requires pre-litigation mediation for most HOA disputes in Mecklenburg County other than assessment collection. Either party may initiate media...
Mecklenburg County, NC
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