Frequently Asked Questions
Can the Department of the Secretary of State help me with my grievance against my homeowners association?
No. The Secretary of State does not regulate or enforce any aspect of homeowners associations. The Secretary cannot impose any penalty on a homeowners association and cannot force an association to take any action.
Who is in charge of regulating homeowners associations?
Matters regarding homeowners associations and planned communities are dealt with in civil court. If you want to enforce a rule or clarify matters of law regarding homeowners associations, you should speak with an attorney who has experience in dealing with such issues.
Does the homeowners association that I belong to fall within the provisions of 47F?
The NC Secretary of State cannot provide this specific information regarding a nonprofit corporation. Please see Chapter 47F of the NC General Statutes for applicability. The Articles of Incorporation that are filed with the Secretary of State for a nonprofit corporation must also confirm to NCGS 55A.
Can the Secretary of State do anything to help me?
As with most state agencies, the Department of the Secretary of State cannot give legal advice, aid or counsel. If you want to take action regarding your homeowners association, you should speak with a lawyer before taking any other steps.
The Secretary of State does maintain copies of corporate records, including those of homeowners associations. These documents, and other information such as the association’s registered agent and registered office address can be found on the Secretary of States website at www.Secretary.state.nc.us/Corporations.
Can the Secretary of State provide me with a copy of the corporation’s bylaws or Declaration of Covenants?
No. Neither the bylaws nor the Declaration of Covenants are required to be filed with the Secretary of State.
Where can I learn about the law as it relates to homeowners associations?
North Carolina regulates planned communities in Chapter 47F of the NC General Statues. Please visit: www.ncga.state.nc.us/gascripts/statutes.
Who can I speak to for more information?
The following contacts can provide you more information about homeowners associations and planned communities in North Carolina:
North Carolina Real Estate Commission PO Box 17100 Raleigh, NC 27619 (919) 875-3700 North Carolina Bar Association PO Box 3688 Cary, NC 27519 (919) 677-0561 www.ncbar.org