# North Carolina HOA Fines: Hearing Rights and the $100 Cap (2026)

> Under North Carolina General Statutes 47F-3-107.1, an HOA cannot impose a fine or suspend a privilege until it holds a hearing. The owner has to get notice of the charge, a chance to be heard and present evidence, and written notice of the decision. The hearing happens before the executive board or before an adjudicatory panel, and that panel has to be made up of association members who are not officers or board members. A fine cannot exceed $100 per violation. For a continuing violation, the association can add up to $100 for each day more than five days after the decision, without holding a new hearing. The owner can appeal the panel's decision to the full board within 15 days. One exception: if the declaration spells out its own fine procedure, the association can follow that instead of the default hearing.

_Source: https://hoanotes.com/hoa/north-carolina/fines-and-hearings/ | Last reviewed 2026-06-03_

## The process before a fine

The order of operations is the point. A fine comes after a hearing, not before. The owner gets notice of what the alleged violation is, a real chance to respond and show evidence, and then a written decision. A board that fines first and explains later has the sequence backwards.

Who decides also matters. If the matter goes to an adjudicatory panel, that panel cannot include officers or board members. The idea is a neighbor-level review rather than the same board that brought the charge ruling on it. After a decision, the owner has 15 days to appeal to the full executive board.

## How high a fine can go

A single violation tops out at $100. For something that keeps going, the association can charge up to $100 a day, but only for days more than five days after the decision, and it does not need a fresh hearing for those daily amounts. So a one-time rule break is a small number. An ongoing violation that an owner ignores after a ruling is where the math adds up.

A fine schedule in the CC&Rs that charges $250 a violation, or that starts the clock the day notice goes out with no cure window, runs past what the statute allows.

## What to check in the disclosure packet

Read these together before you make an offer:

- The seller's account for any unpaid fines and what they were for.
- The fine schedule in the rules, and whether it respects the $100 cap and the five-day window.
- Whether the documents promise a hearing before a fine, with a non-board panel.
- Board minutes for a pattern of aggressive enforcement or disputed fines.

## Why this matters to your offer

Unpaid fines can sit on an account and, in some cases, end up in a lien. A rules document that ignores the hearing requirement or sets fines above the cap is a useful signal about how the board operates day to day.

An HOA Notes brief reads the enforcement rules against the statute, flags a fine schedule that runs too high, and cites the page behind each finding so you know what kind of board you would be joining.

## What the statute says

**North Carolina General Statutes section 47F-3-107.1 and section 47C-3-107.1** (Hearing rights before fines). Before any fine is imposed or any privilege or service is suspended, the association must hold a hearing; the owner must receive notice of the charge, an opportunity to be heard and present evidence, and written notice of the decision; the adjudicatory panel must consist of association members who are NOT officers or board members; fines are capped at $100 per violation; for continuing violations, additional fines of up to $100 per day may be imposed for each day more than 5 days after the decision without a new hearing; the owner may appeal the panel's decision to the full executive board within 15 days. The association may skip a separate hearing if the declaration provides its own specific fine or suspension procedure; after the initial hearing and decision, it may impose continuing daily fines without additional hearings; it may suspend services until the violation is cured.

## North Carolina HOA fines: common questions

### Can a North Carolina HOA fine me without a hearing?

No, unless the declaration sets out its own fine procedure. By default the association must hold a hearing, give notice of the charge, and provide written notice of the decision before imposing a fine.

### How much can a North Carolina HOA fine be?

Up to $100 per violation. For a continuing violation, up to $100 per day for each day more than five days after the decision, with no new hearing needed for the daily amounts.

### Who decides the fine?

The executive board or an adjudicatory panel. If a panel is used, its members must be association members who are not officers or board members.

### Can I appeal an HOA fine in North Carolina?

Yes. You can appeal an adjudicatory panel's decision to the full executive board within 15 days of the decision.

## Sources (verified 2026-06-03)

1. North Carolina General Statutes section 47F-3-107.1 (procedures for fines), North Carolina General Assembly. Verified 2026-06-03. https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-3-107.1.html
2. North Carolina General Statutes section 47F-3-107.1, FindLaw. Verified 2026-06-03. https://codes.findlaw.com/nc/chapter-47f-north-carolina-planned-community-act/nc-gen-st-sect-47f-3-107-1.html
3. North Carolina General Statutes section 47F-3-107.1, Justia. Verified 2026-06-03. https://law.justia.com/codes/north-carolina/chapter-47f/article-3/section-47f-3-107-1/

HOA Notes is not a law firm and this is not legal advice.