HOA Terminology
HOA Terminology
Homeowner Associations are regulated by a chain of governing document and laws.
0 The Articles of Incorporation filed with the Secretary of State provide the legal basis of the Association in the form of an Incorporated Non - Profit Corporation.
0 The recorded map or “PLAT” defines each owners title to property including the association’s title to common areas.
0 The CCR’s ( Covenants, Conditions, and Restrictions ) are publicly recorded and legal deed restrictions.
0 The Bylaws are the rules for management and administration of the corporation.
0 Resolutions are additional rules and regulations that the association may adopt.
0 Federal Laws also apply. Some but not all include The Fair Housing Act, Internal Revenue Codes, the American Disabilities Act and the Fair Debt Collection Practices Act.
0 State Laws affecting homeowner associations are primarily contained in the North Carolina General Statues Chapter 55A ( The NC Corporations Act ), and either Chapter 47F ( The Planned Community Act ), or Chapter 47C ( The NC Condominium Act). Additional State Laws regulate storm water run off, coastal development, elevator inspections for condos, and communal pool operations to name a few.
0 Local Ordinances while not specific to HOAs apply to building codes, animal control, abandoned cars, water restrictions, etc.
0 Additional Legal Regulations can exist in the form of case law; standards set by professional organizations such as accountants, engineers, architects, home inspectors, insurance companies, as well as lender requirements.