Homeowners associations (HOAs) help maintain community standards by establishing rules for properties, shared spaces, and certain homeowner activities. If you live in an HOA managed neighborhood, you may be required to follow restrictions regarding landscaping, exterior modifications, parking, property maintenance, and other matters.

But what actually constitutes an HOA violation? And what can you do if you believe your homeowners association has issued an unfair warning or fine?

At The Law Offices of Delton W. Barnes, we understand that HOA disputes can create stress and uncertainty for homeowners. Understanding your community’s governing documents, the enforcement process, and the protections available under North Carolina law can help you make informed decisions when responding to a violation notice.

What Is Considered an HOA Violation?

An HOA violation generally occurs when a homeowner fails to comply with a valid requirement in the association’s governing documents or applicable rules.

However, HOA requirements vary by community. An activity prohibited in one neighborhood may be permitted in another. Whether a particular action constitutes a violation depends on the applicable documents, the circumstances, and relevant law.

Common examples of potential HOA violations include:

• Exterior modifications without approval: Installing a fence, changing an exterior paint color, or making other alterations without required architectural approval.

• Landscaping violations: Allowing a lawn to become overgrown, installing restricted landscaping, or removing protected trees without required permission.

• Parking restrictions: Parking recreational vehicles, boats, commercial vehicles, or additional vehicles in areas where community rules prohibit them.

• Property maintenance issues: Failing to address exterior deterioration, damaged gutters, peeling paint, or other conditions covered by maintenance requirements.

• Noise and nuisance complaints: Creating disturbances that violate applicable community rules.

• Property-use restrictions: Operating a business, leasing a property, or using a home for short term rentals in ways prohibited by valid restrictions.

• Pet-related violations: Exceeding permitted pet limits or failing to follow applicable animal related rules.

Receiving a complaint does not automatically establish that a violation occurred. Homeowners should review the specific rule cited in the notice and determine whether it applies to their circumstances.

What Governing Documents Determine HOA Rules?

The governing documents are an important starting point when evaluating an alleged HOA violation. Depending on the community, these documents may include:

Declaration of Covenants, Conditions, and Restrictions (CC&Rs): These recorded restrictions may address property use, architectural changes, maintenance obligations, and other requirements.

HOA bylaws: These generally explain how the association is organized and governed, including board responsibilities and procedures.

Rules and regulations: These may provide more detailed requirements concerning parking, common areas, amenities, and other aspects of community living.

Some communities also have architectural guidelines, design standards, or policies that supplement their governing documents.

If you receive a violation notice, request or locate the specific provision the HOA believes you violated. Review the wording carefully and determine whether the association followed the applicable approval or enforcement procedures.

Can an HOA Fine a Homeowner in North Carolina?

North Carolina law permits qualifying homeowners associations to enforce certain governing document restrictions, including through fines and some suspensions of community privileges or services. However, an association’s enforcement authority is subject to applicable law and the community’s governing documents.

For planned communities covered by the North Carolina Planned Community Act, N.C. Gen. Stat. § 47F-3-102(12) addresses an association’s authority to impose reasonable fines or suspend certain privileges or services after notice and an opportunity to be heard. N.C. Gen. Stat. § 47F-3-107.1 addresses procedures for fines and suspensions.

The law’s application depends on the community and the relevant circumstances. The Planned Community Act does not necessarily apply to every HOA in the same way, so homeowners should not assume that one statutory procedure governs every association.

If you are facing a fine, review the notice, the cited restriction, and the association’s enforcement procedures. Understanding which rules apply can help you evaluate your options.

You can review Chapter 47F of the North Carolina General Statutes for the statutory framework governing planned communities.

What Should You Do If You Receive an HOA Violation Notice?

Receiving a notice can be frustrating, especially if you believe you have followed the rules. Taking a methodical approach can help you understand the issue and preserve important information.

1. Read the Notice Carefully

Identify the alleged violation, the rule cited, any requested corrective action, and the deadline for responding. Determine whether the notice describes a specific problem or relies on a general complaint.

2. Review the Applicable Governing Documents

Compare the alleged violation with the relevant declaration, bylaws, rules, and architectural guidelines. If the cited provision is unclear, ask the HOA to explain how it applies to your property.

3. Document the Situation

Keep copies of violation notices, letters, emails, photographs, and other relevant records. If the dispute concerns landscaping, property maintenance, or an exterior modification, dated photographs may help establish the property’s condition.

Also preserve any prior approvals, permits, or written communications that may be relevant.

4. Follow Applicable Response and Hearing Procedures

Pay attention to deadlines and determine whether the association’s governing documents or applicable law provide an opportunity to respond, attend a hearing, or appeal a decision.

Do not assume that you can ignore a notice simply because you disagree with it. Missing a deadline may complicate your ability to challenge the association’s actions.

5. Consider Legal Guidance

If the HOA is imposing substantial fines, threatening further enforcement, or interpreting its rules in a way you believe is improper, an attorney can review the governing documents, relevant communications, and applicable North Carolina law.

Can You Challenge an Unfair HOA Violation?

In some circumstances, homeowners may have grounds to challenge an HOA’s enforcement decision. Whether a challenge is appropriate depends on the specific facts and governing law.

Potential issues to examine include:

• Incorrect interpretation of the rules: The association may be relying on a restriction that does not apply to the situation.

• Procedural problems: The HOA may not have followed the applicable notice, hearing, or enforcement requirements.

• Inconsistent enforcement: Differences in how similar situations are handled may warrant examination, although inconsistent treatment does not automatically establish a legal defense.

• Prior approval or relevant documentation: Written approval, correspondence, or other records may help clarify whether the homeowner complied with the applicable requirements.

• Unclear or disputed restrictions: The language of a governing document may require closer legal interpretation.

Not every disagreement with an HOA establishes a legal claim. The strength of a challenge depends on the language of the governing documents, the association’s conduct, the evidence, and applicable law.

Homeowners who believe they are being treated unfairly should keep records of relevant communications and consider obtaining legal advice before deciding how to respond.

What Happens If You Ignore an HOA Violation?

Ignoring an HOA notice can allow a relatively minor disagreement to become more complicated. Depending on the governing documents and applicable law, the association may pursue additional enforcement steps if a violation remains unresolved.

Potential consequences may include additional notices, authorized fines, restrictions on certain community privileges, or legal proceedings. The available remedies and procedures vary by association and circumstance.

If you dispute the allegation, it is generally better to address the notice within the applicable timeframe, explain your position in writing when appropriate, and retain copies of your communications.

A prompt, documented response can help clarify the disagreement and identify possible next steps.

Protect Your Rights in an HOA Dispute

Living in an HOA community involves following applicable restrictions, but homeowners also have interests that deserve consideration when disputes arise. Understanding the governing documents, reviewing enforcement procedures, and preserving relevant evidence can help you assess whether an HOA’s actions are consistent with its authority.

If you have received an HOA violation notice, are disputing a fine, or believe your association is enforcing its restrictions improperly, The Law Offices of Delton W. Barnes can help you understand the legal issues involved and evaluate potential options.

Your Trusted Legal Partner 

The Law Offices of Delton W. Barnes proudly serves the Cleveland, Gaston, and Lincoln Counties in North Carolina. Our team will empower you with expert legal counsel and unwavering support. Whether it’s a business dispute, personal injury, landlord-tenant disputes, or another conflict, our dedicated team is here to guide you through every step. 

Call, 704-406-9416 and contact us today to schedule a consultation with one of our experienced attorneys.