HOA Approval for Remodels in North Carolina

In much of Cary, Apex, Holly Springs, Wake Forest, Morrisville and the newer parts of Raleigh and Durham, the first approval for an exterior project isn't the town's. It's the homeowners association's. Skipping it can mean fines, a demand to undo the work, or a lien. Here's how HOA review works in North Carolina and how to get through it smoothly.

The law in the background

Most Triangle HOAs are planned communities governed by North Carolina's Planned Community Act, Chapter 47F of the General Statutes, along with the community's own declaration of covenants, bylaws and rules. The Act sets the framework, including the association's powers and procedures, and the declaration usually contains the architectural rules: what needs approval, who reviews it and how long they have.

Key points from the Act:

• Fines require a hearing. Unless the declaration provides its own procedure, G.S. 47F-3-107.1 requires a hearing before the executive board or an appointed adjudicatory panel before an owner can be fined. The owner must get notice of the charge, an opportunity to be heard and present evidence, and notice of the decision.
• A daily fine cap. If a fine is imposed under that procedure, it can't exceed $100 for the violation, and it can be imposed without another hearing for each day more than five days after the decision that the violation continues.
• Fines become liens. Those fines are assessments secured by a lien.
• Flags and political signs. G.S. 47F-3-121 limits how covenants can restrict the U.S. and North Carolina flags and political signs.

Separately, G.S. 22B-20 makes covenants that would prohibit, or have the effect of prohibiting, residential solar collectors void and unenforceable, with exceptions such as certain multi-story condominiums. Covenants may still regulate the location or screening of solar collectors, as long as they don't prevent reasonable use. Read the statute and your covenants together.

What usually needs approval

Every declaration is different, but architectural review commonly covers:

• additions, sunrooms and screened porches;
• decks, patios and pergolas;
• fences and walls;
• exterior paint colors, roofing material and color;
• window and door style changes;
• sheds, play structures and pools;
• major landscaping or tree removal.

Interior remodels rarely need HOA approval, though dumpsters and work hours may be covered by rules.

A step-by-step plan

1. Read the documents. Get the declaration, the architectural guidelines and any approved color or material lists.
2. Talk to the committee or manager before you design. Ask what they typically approve and what they reject.
3. Prepare a complete application: a site plan showing setbacks, drawings or product sheets, materials and colors, photos of the house, and contractor information.
4. Ask about neighbor sign-offs if required.
5. Get the approval in writing, including any conditions.
6. Then apply for permits. Towns don't enforce covenants, and HOAs don't issue building permits. You need both.
7. Build what was approved. Changes during construction may need another review.

Timing

Covenants often give the committee a set number of days to respond. Build that time into your schedule, especially for spring deck and porch projects when committees are busy.

When you disagree

• Ask for the reason in writing and for the specific rule it relies on.
• Offer alternatives: a different color, screening, a revised location.
• Use the appeal process in your governing documents.
• If a fine is proposed, use your right to a hearing.
• For serious disputes, talk to an attorney familiar with North Carolina community association law.

Working with your contractor

Contractors who build in HOA neighborhoods regularly know the drill, but the application is still yours as the owner. Ask your contractor to supply the drawings, product sheets and color samples the committee wants, and don't let them start before written approval arrives, no matter how tight the schedule is. Make the approval letter part of the contract, so the builder is bound to the approved materials and placement. If the town's permit review requires a change, such as a different footing location or rail height, check whether the change needs to go back to the HOA.

Common pitfalls

• assuming a town permit means HOA approval, or vice versa;
• starting work before written approval;
• substituting materials or colors after approval;
• forgetting that easements and HOA setbacks can be stricter than zoning.

For project-specific guidance, see our porches and decks and home additions guides, and the Holly Springs and Apex area pages, where HOA neighborhoods are common.