Communities

North Carolina statute

North Carolina Planned Community Act

N.C. Gen. Stat. ch. 47F · enacted 1999

Chapter 47F is North Carolina's planned community statute, based on the Uniform Common Interest Ownership Act. It governs planned communities recorded on or after January 1, 1999, and applies a defined subset of provisions to pre-existing communities. Condominiums in North Carolina are governed primarily by Chapter 47C.

Who and what Chapter 47F covers

Applies to planned communities of detached and attached homes recorded in North Carolina on or after January 1, 1999. Pre-existing communities are subject to procedural rules but generally not substantive ones unless they amend their Declaration to opt in.

  • Planned communities of detached and attached homes recorded in North Carolina on or after January 1, 1999.

  • Pre-existing communities are subject to procedural rules of 47F (meetings, elections, records access) but not the substantive provisions unless the Declaration is amended to opt in.

  • Condominiums are governed by Chapter 47C, not 47F. Cooperatives follow other statutes.

Key provisions

The themes most boards and owners actually need to find. Each entry is orientation-level — the bylaw concierge surfaces the exact section that applies to your community when you upload your CC&Rs.

  • Open meetings & member rights

    Board meetings must be open to members with notice; executive sessions are limited to defined topics. Members have a statutory right to inspect financial records, contracts, ballots, and minutes.

  • Director elections & quorum

    Director elections must follow Bylaw procedures consistent with 47F. Recall and removal procedures supplement the Bylaws, and quorum minima cannot be reduced below statutory baselines for material decisions.

  • Fines & due process

    Before levying a fine, the association must give written notice describing the violation and offer a hearing. Fines levied without notice are typically unenforceable. The fine schedule must be member-distributed.

  • Liens, foreclosure & collection

    Unpaid assessments are secured by a statutory lien. Non-judicial foreclosure under power-of-sale procedures requires strict compliance with notice and waiting-period requirements; courts have construed these strictly.

  • Architectural review & rule changes

    Architectural decisions must be in writing and procedurally consistent with the Declaration. Rule changes are subject to member notice and ratification rights, and rules conflicting with the Declaration are unenforceable.

Common questions about Chapter 47F

  • When does Chapter 47F apply?

    Chapter 47F applies primarily to planned communities recorded on or after January 1, 1999. Pre-existing communities follow a defined subset of procedural rules (meetings, records access, elections) unless they have amended their Declaration to opt in to the full act.

  • Can a North Carolina HOA foreclose for unpaid dues?

    Yes, by following the statutory non-judicial power-of-sale procedure with strict notice and waiting-period requirements. Courts have consistently required precise compliance; missing a notice step typically voids the foreclosure.

  • Are HOA fines enforceable without a hearing?

    Generally no. The board must give written notice describing the alleged violation and offer a hearing before the fine becomes enforceable. The fine schedule must be adopted and distributed to members in advance.

  • Are board meetings open to all members?

    Yes, with executive-session exceptions for litigation, personnel, and similar narrowly defined topics. Members have rights to attend, observe, and (during designated portions) be heard.

  • Does Chapter 47F apply to condominiums?

    No. Condominiums in North Carolina are governed by Chapter 47C, the Condominium Act, not 47F. The two statutes share themes but have distinct provisions.

Stop reading the statute, start citing your CC&Rs

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Chapter 47F sets the floor — your Declaration and Bylaws fill in the rest. Upload them once and the bylaw concierge cites the exact provision (your section, your page) for any question. Free under 250 homes.

General orientation only. Review with counsel before relying on this for an enforcement, foreclosure, or amendment decision.

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