According to the King law firm, located in Marion dues and fees are subject to certain restrictions:
- An HOA may not seek to recover collection costs from a delinquent homeowner unless the community’s declaration expressly authorizes the recovery of collection costs. N.C. Gen. Stat. § 47F-3-116(h)
- After payment is more than 30 days late, a North Carolina HOA can record a LEIN to collect the payment of any unpaid amounts. N.C. Gen. Stat. §47F-3-116.
- At least 15 days before recording the lien, the association must state the amount due to the lot owner via regular mail to the property address and any other mailing address for the HOA owner in the record. This notification must include a statement informing the lot owner that the document evidences a lien that the HOA can foreclose on the property like a mortgage.
- The HOA cannot suspend the homeowner’s rights until 30 days after any unpaid amount becomes due and until after the member has received notice of the proposed suspension and the opportunity to be heard. N.C. Gen. Stat. § 47F-3-107.1. The HOA holds hearings before either the executive board or an adjudicatory panel consisting of other lot owners who are not board members. N.C. Gen. Stat. § 47F-3-107.1.
POA FEES 3 ways to avoid fees:
- If POA or HOA fees are deemed ill (if any portion is correct then the entire fee is illegal. Fees must be reasonable and no more than 100 per violation N.C. Gen. Stat. § 47F-3-102(1. If an HOA fined a homeowner over the amount of $100 for a single violation, the homeowner would not have to pay anything over $100
- the homeowner can appeal the fee to the association board if the fee violates the Association’s rules and bylaws. If the association board refuses to reverse the fee, the homeowner would have a claim in civil court.
- the homeowner is unable to pay due to financial hardship. In that case, the Association has the authority to provide a payment plan or other financial assistance measures to work with the homeowner to avoid fees due to failure to pay.