北卡的HOA 罚款:法律怎么规定的

法条怎么规定的

管辖法案

Two separate acts. (1) Single-family/planned-community HOAs: North Carolina Planned Community Act, N.C.G.S. Chapter 47F ("NC Planned Community Act", G.S. 47F-1-101).

展开完整规定

Applies to planned communities created on or after January 1, 1999; it does NOT apply to a planned community with no more than 20 lots (counting lots that may be added by development rights) or to communities restricted exclusively to nonresidential use, unless the declaration opts in (G.S. 47F-1-102). IMPORTANT for fine disputes: G.S. 47F-1-102 makes the fine-procedure section (47F-3-107.1), the lien section (47F-3-116) and the records section (47F-3-118) apply RETROACTIVELY to planned communities created before January 1, 1999, as to events occurring after January 1, 1999. (2) Condominiums: North Carolina Condominium Act, N.C.G.S. Chapter 47C, with a parallel fine procedure at G.S. 47C-3-107.1.

罚款前必须给你的通知

The statute is procedural rather than a fixed pre-fine notice period. G.S. 47F-3-107.1 (planned communities): "The lot owner charged shall be given notice of the charge, opportunity to be heard and to present evidence, and notice of the decision." The identical requirement appears for condominiums in G.S.

展开完整规定

47C-3-107.1: "The unit owner charged shall be given notice of the charge, opportunity to be heard and to present evidence, and notice of the decision." Note the important carve-out in the opening words: these statutory procedures apply only "[u]nless a specific procedure for the imposition of fines or suspension of planned community privileges or services is provided for in the declaration" -- i.e., the declaration/CC&Rs can substitute its own procedure. No specific number of days of advance notice is set by statute.

你的听证权

Yes -- a statutory hearing right, and it is the association's burden to hold the hearing before fining. G.S. 47F-3-107.1: "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.

展开完整规定

47F-3-102(11) and (12)." Panel composition is regulated: "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 owner does not apply for the hearing; the hearing must precede the fine. Internal appeal: "The lot owner may appeal the decision of an adjudicatory panel to the full executive board by delivering written notice of appeal to the executive board within 15 days after the date of the decision. The executive board may affirm, vacate, or modify the prior decision of the adjudicatory body." Same language for condominiums in G.S. 47C-3-107.1.

罚款上限

Yes -- a statutory dollar cap, which is unusual and is the strongest tool for NC owners. G.S. 47F-3-107.1: "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." So: $100 maximum for the violation, plus up to $100 per day for a continuing violation, and the daily fines run only for days more than five days after the decision.

展开完整规定

"Such fines shall be assessments secured by liens under G.S. 47F-3-116." G.S. 47C-3-107.1 contains the same $100 / five-day language for condominiums. Suspension of privileges, if imposed, "may be continued without further hearing until the violation or delinquency is cured."

查阅协会记录的权利

G.S. 47F-3-118 (planned communities). "The association shall keep financial records sufficiently detailed to enable the association to comply with this Chapter." Financial records and minutes of meetings of the executive board and lot owners must be "made reasonably available for examination by any lot owner" -- the statute uses a reasonableness standard rather than a fixed number of days for general inspection.

展开完整规定

Two hard deadlines/caps do exist: an annual income and expense statement and balance sheet must be available to all lot owners at no charge "within 75 days after the close of the fiscal year"; and on written request the association must furnish a statement of unpaid assessments "within 10 business days after receipt of the request," with the fee capped at $200 per statement plus an expedite fee not exceeding $100 for requests made within 48 hours of closing.

法定前置争议程序

No statutory mandatory mediation, arbitration or other pre-suit ADR in Chapter 47F. The only statutory prerequisite specific to fines is the internal hearing and the optional 15-day internal appeal to the full executive board under G.S. 47F-3-107.1; after that the dispute goes to court.

展开完整规定

(A review of the full section list of Chapter 47F on the General Assembly site shows no mediation/arbitration/ADR section and no state regulatory agency section.)

律师费

Split, and the default is unfavorable to owners. G.S. 47F-3-120: "the court may award reasonable attorneys' fees to the prevailing party if recovery of attorneys' fees is allowed in the declaration" -- so a prevailing-party fee award in an action about the articles, declaration, bylaws or rules is available only if the declaration itself allows fees, and is discretionary.

展开完整规定

Separately, in collection actions the association has a one-way statutory entitlement: G.S. 47F-3-116 provides "[t]he association shall be entitled to recover the reasonable attorneys' fees and costs it incurs in connection with the collection of any sums due," but with owner protections -- "[a] lot owner may not be required to pay attorneys' fees and court costs until the lot owner is notified in writing of the association's intent to seek payment of attorneys' fees, costs, and expenses," and for an uncontested debt "attorneys' fees and the trustee's commission collectively charged to the lot owner shall not exceed one thousand two hundred dollars ($1,200), not including costs or expenses incurred."

追诉时效

3 年

NOT a deadline for the homeowner. G.S. 47F-3-116(c) — not (a) — provides that "A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the filing of the claim of lien in the office of the clerk of superior court." That is the window in which the ASSOCIATION must sue to enforce a lien it has already filed.

展开完整规定

Subsection (a) is the 30-days-unpaid / claim-of-lien-filing provision. Do not display "3 years" as the time a homeowner has to challenge a fine.

受理投诉的机构

无州级主管机构, 争议走法院 -- No state-level HOA regulator. Chapter 47F contains no section creating a regulatory agency, ombudsman, or administrative complaint process; enforcement is by private civil action (and the internal hearing/appeal under G.S. 47F-3-107.1).

自己去读原文

官方来源。如果下面某个数字对你的案子有影响,请打开法条自己读一遍 —— 法律会修订,而且很多城市会在州法之上叠加更严的地方条例。

• 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 ... 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. ... The lot owner may appeal the decision of an adjudicatory panel to the full executive board by delivering written notice of appeal to the executive board within 15 days after the date of the decision. — N.C.G.S. 47F-3-107.1 -- Procedures for fines and suspension of planned community privileges or services (official NC General Assembly). Session law history: (1997-456, s. 27; 1998-199, s. 1; 2005-422, s. 4.)
• 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. ... 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. ... The executive board may affirm, vacate, or modify the prior decision of the adjudicatory body. — N.C. Gen. Stat. 47F-3-107.1 -- FindLaw verbatim code mirror, used to obtain the complete uninterrupted section text (currency date shown on page: January 01, 2023)
• The unit owner charged shall be given notice of the charge, opportunity to be heard and to present evidence, and notice of the decision. ... a fine not to exceed one hundred dollars ($100.00) may be imposed for the violation ... for each day more than five days after the decision that the violation occurs. ... A unit owner may appeal a decision of an adjudicatory panel to the full executive board by delivering written notice of appeal to the executive board within 15 days after the date of the decision. — N.C.G.S. 47C-3-107.1 -- Procedures for fines and suspension of condominium privileges or services (NC Condominium Act, official NC General Assembly). Session law history: (1985 (Reg. Sess., 1986), c. 877, s. 1; 1997-456, s. 27; 2005-422, s. 14.)
• Applies to planned communities created in the state on or after January 1, 1999. Excluded unless the declaration provides otherwise: a planned community with 'no more than 20 lots (including all lots that may be added or created by the exercise of development rights)' and one where 'all the planned community's lots are restricted exclusively to nonresidential purposes.' Certain provisions -- including the fines procedure, liens, and records sections -- apply to pre-1999 communities as to events occurring after January 1, 1999, and 'do not invalidate existing provisions of the declaration, bylaws, or plats and plans.' Pre-1999 communities may opt in by amendment approved by lot owners holding 'at least sixty-seven percent (67%) of the votes in the association.' — N.C.G.S. 47F-1-102 -- Applicability (official). Session law history: (1998-199, s. 1; 2002-112, s. 2; 2004-109, s. 3; 2005-214, s. 1; 2005-422, s. 9; 2006-226, s. 15(a); 2013-34, s. 6; 2014-57, s. 1; 2022-62, s. 56.)
• The association shall keep financial records sufficiently detailed to enable the association to comply with this Chapter. ... made reasonably available for examination by any lot owner ... an annual income and expense statement and balance sheet available to all lot owners at no charge and within 75 days after the close of the fiscal year ... within 10 business days after receipt of the request. — N.C.G.S. 47F-3-118 -- Association records (official). Session law history: (1998-199, s. 1; 2005-422, s. 7; 2020-90, s. 4(d).)
• A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the filing of the claim of lien. ... The association shall be entitled to recover the reasonable attorneys' fees and costs it incurs in connection with the collection of any sums due. ... A lot owner may not be required to pay attorneys' fees and court costs until the lot owner is notified in writing of the association's intent to seek payment of attorneys' fees, costs, and expenses. ... attorneys' fees and the trustee's commission collectively charged to the lot owner shall not exceed one thousand two hundred dollars ($1,200), not including costs or expenses incurred. ... A claim of lien securing a debt consisting solely of fines imposed by the association, interest on unpaid fines, or attorneys' fees incurred by the association solely associated with fines imposed by the association may only be enforced by judicial foreclosure. — N.C.G.S. 47F-3-116 -- Lien for assessments (official). Session law history: (1998-199, s. 1; 2005-422, s. 6; 2009-515, s. 1; 2011-362, s. 1; 2013-202, s. 3.)
• the court may award reasonable attorneys' fees to the prevailing party if recovery of attorneys' fees is allowed in the declaration — N.C.G.S. 47F-3-120 -- Attorneys' fees (official). Session law history: (1998-199, s. 1.)
• Section list for Articles 1-3 shows no section addressing mediation, arbitration, alternative dispute resolution, or a state regulatory agency. — N.C.G.S. Chapter 47F -- full chapter section list (official), used to confirm the absence of any ADR/mediation section and any state regulatory agency section

最近核实: 2026-08-17