When Letters Are Not Enough

Most associations have faced lot owners who refuse to “play by the rules.”  Those owners may ignore limits on pets, attempt to build non-permitted structures, or create nuisances on their property.  While injunctions can often require the lot owner to follow property restrictions, Associations have another tool that is less expensive and often makes sense as a first step in resolving the problem.

N.C. Gen. Stat. § 47F-3-102(12) and §107.1 applies to all planned communities subject to the Planned Community Act regardless of their date of creation.  It gives associations the power to fine and suspend privileges of lot owners for failure to comply with the declarations, bylaws and rules and regulations of the community.  Notice and an opportunity to be heard before fines are imposed or privileges suspended must be provided prior to taking action and fines may not exceed $100 for each violation, but continuation of an initial violation in many situations may be considered a separate violation.    Let us know if you need assistance with this useful tool.