, for associations with common elements open to the general public. See also, Persons With Disabilities Protection Act (PWDPA), N.C. § 41A-4 (unlawful discriminatory housing practices, § 41A-3 (Definitions), and § 41A-6 (exemptions). §§ 41A-1, et seq.: The law protects people's right to access all housing opportunities without discrimination based on race, color, religion, sex, national origin, handicapping condition, or familial status (the presence of children under the age of 18). See N.C. North Carolina State Fair Housing Act (NCFHA), N.C. The court held that attorneys engaged in debt collection on behalf of their clients are exempt from the NCDCA. The court heald that a homeowners' association trying to collect assessments owed to it, is a 'debt collector' under the NCDCA. Victims can file a complaint with the state's Attorney General's Office, FTC, or the CFPB.ĭavis Lake Community v. HOA fees are considered 'debts' under the FDCPA and the NCDCA, and homeowners are protected 'consumers.' Importantly, while the FDCPA only applies to those who regularly collect debts on behalf of others, the NCDCA applies to creditors attempting to collect their own debts, potentially including community associations under the right circumstances. The NCDCA prohibits debt collectors from using unfair or deceptive practices when collecting a debt. §§ 75-50, et seq.: The Act regulates debt collection practices at the state level and contains provisions similar to the federal Fair Debt Collection Practices Act (FDCPA). North Carolina Debt Collection Act (NCDCA), N.C. This provision does not apply if the dispute arises solely from a member's failure to pay assessments. Associations and members can contact the North Carolina Dispute Resolution Commission or the Mediation Network of North Carolina and request a mediator. North Carolina associations must notify members at least annually of their right to initiate a mediation.

Prelitigation mediation of condominium and homeowners association disputes, N.C. Condominium associations may organize as either for-profit or nonprofit corporations § 47C-3-101. Every association created after January 1, 1999, must be organized as a nonprofit corporation § 47F-3-101. All lot owners' associations in North Carolina must be incorporated. §§ 55A-1-01, et seq.: The statute governs nonprofits with regard to corporate structure and procedure. North Carolina Nonprofit Corporation Act, N.C. See § 47F-2-101 (creation of the planned community). A planned community is created by recording a community declaration in the county's land records in which the community is located. §§ 47F-1-101, et seq.: This Chapter applies to all planned communities created on or after January 1, 1999, except as otherwise provided in section 47F-1-102. North Carolina Planned Community Act, N.C. §§ 47C-1-101, et seq.: The law governs, among other things, the creation, alteration, and termination management and protection of purchasers of condominiums created after October 1, 1986. §§47A-1, et seq.: This Chapter applies to all condominiums created within North Carolina before October 1, 1986. Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, condominiums, cooperatives, and residential properties in North Carolina.

Enforcing covenants without hoa