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North Carolina Statewide Rule

North Carolina HOA Fines: Notice & Hearing Required (G.S. 47F-3-107.1)

Some RestrictionsApplies statewide across North Carolina (2026)

Key Facts

Governing law
G.S. 47F-3-107.1
Maximum fine
$100 per violation
Continuing violations
Up to $100/day after 5-day grace
Due process
Notice + hearing before board or panel required
Decision
Owner entitled to notice of the decision
Last verified: August 20, 2026

Summary

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 § 47F-3-107.1. Procedures for fines and suspension of planned community privileges or services. 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.

Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

How much can a North Carolina HOA fine a homeowner?
Under G.S. 47F-3-107.1, a fine may not exceed $100 for a violation. For a continuing violation, the HOA may impose up to $100 per day for each day more than five days after the decision that the violation continues, without holding a new hearing.
Does a North Carolina HOA have to hold a hearing before fining me?
Yes. G.S. 47F-3-107.1 requires a hearing before the executive board or an adjudicatory panel it appoints. You must receive notice of the charge, an opportunity to be heard and present evidence, and notice of the decision before any fine can be imposed.
Can North Carolina HOA fines lead to foreclosure?
Unpaid fines are treated as an assessment, but G.S. 47F-3-116(h) provides that a lien securing a debt consisting solely of fines, interest on fines, or related attorney fees may only be enforced by judicial foreclosure, not nonjudicial power of sale.

Sources

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