North Carolina Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties

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Multi-State
Control #:
US-1126BG
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Word; 
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Description

Covenants, conditions, and restrictions (CC&Rs) of the subdivision are likely the most important documents affecting the subdivision and are usually created when the subdivision is initially formed, and as such are often recorded in the official property records of the county or other jurisdiction where the subdivision is located. Commonly the CC&Rs specify what types of structures can be placed on a lot (e.g. an upscale community may prohibit mobile homes or travel trailers and require minimum sizes on dwellings, along with offsets from the property line where building is prohibited) and other property restrictions (e.g. no animals except for traditional household pets, no operation of commercial business). Generally CC&Rs are enforceable as legal documents. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties

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FAQ

Understand the law. Subdivisions with homeowners' associations established after Jan. 1, 1999, are governed by the North Carolina Planned Community Act found in Chapter 47F of the North Carolina General Statutes. However, no state or federal agency oversees homeowners' associations.

Both the NC Planned Community Act (NCGS § 47F-3-108(a)) and the NC Condominium Act (NCGS A§ 47C-3-108(a)) require that a meeting of the association be held at least once each year. These two statutes apply retroactively to older associations. 6.

North Carolina Appellate Court Rules That Restrictive Covenants More Than 30 Years Old May Be Extinguished.

North Carolina Recorded Document Search - Visit the county recorder's office where the property is located to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting

Call (919) 431-3030 or toll-free at (866) 324-7474 to file a complaint.

The North Carolina Planned Community Act (PCA), N.C.G.S. , Chapter 47F, governs the formation, management, powers, and operation of HOAs, is North Carolina's law specifically governing homeowners' associations in the state.

We were recently asked whether bylaws amendments should be filed with the local Register of Deeds. The answer, like many things community association related, depends. Condo bylaws in North Carolina are almost always filed with the Register of Deeds, but not HOA bylaws.

How to Find the Homeowners Association Associated With Your AddressCC&R Recorded with the County.Find the Name of Your Community.Visit the State's Corporation Commission.Check You Have the Right HOA.Use Paid HOA Locator Services.

HOA or condo associations with annual revenues or expenditures or total accounts balances of $150,000 or more would be required to have an annual independent financial audit conducted by a Certified Public Accountant (CPA).

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North Carolina Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties