North Carolina CC&Rs: Everything you need to know

What are CC&Rs?

Covenants, Conditions, and Restrictions, commonly called CC&Rs, are recorded property rules that shape how homes, lots, and shared areas may be used. CC&Rs in North Carolina HOAs can set owner responsibilities, establish the association’s powers, and create rules that remain connected to the property when it is sold. They form the foundation of governance for many planned communities.
 

What do North Carolina CC&Rs include?

North Carolina CC&Rs often cover:

• Property use: Limits on activities, nuisances, businesses, pets, HOA parking, and other uses
   
• Architectural standards: Approval requirements for exterior changes, landscaping, additions, and renovations
   
• Maintenance responsibilities: Duties assigned to the association and individual owners
   
• Assessments: The association’s authority to collect HOA fees and special assessments
   
• Enforcement: Available remedies when an owner or the association violates the documents
   
• Rental provisions: Short-term rental rules, minimum terms, and other lawful restrictions
   
• Insurance: HOA insurance coverage responsibilities for the association and owners
   
• Easements: Rights to enter, access, repair, or use parts of the property

How CC&Rs are enforced in North Carolina

The association, typically acting through its board, is responsible for enforcement. A property management company may document concerns, send notices, track deadlines, and coordinate hearings, but it acts under the board’s direction.

Depending on the declaration and applicable law, the association may seek compliance, impose a fine or suspend certain privileges or services after the required process, recover damages, or involve qualified legal counsel. Under the North Carolina Planned Community Act, where applicable, owners must receive notice and an opportunity to be heard before a fine or suspension is imposed (N.C. Gen. Stat. §§ 47F-3-102(11)–(12) and 47F-3-107.1).
 

Amending CC&Rs in North Carolina

In most North Carolina planned communities, owners representing at least 67% of the association’s votes must approve changes to the CC&Rs, unless the declaration requires a higher percentage. Some amendments may also need sign-off from a developer, lender, or another named party.

After approval, the new language must be put into a formal amendment that is prepared, properly executed and certified, and recorded with the Register of Deeds in every county where any portion of the community is located (N.C. Gen. Stat. §§ 47F-2-117(c), (e)).
 

Where to find your CC&Rs

CC&Rs are usually available from the association, property manager, seller, closing attorney, title company, or the county Register of Deeds where the community is located.

For communities managed by FirstService Residential, authorized users may also be able to access CC&Rs through FirstService Residential Connect™. Owners can speak with their property manager or contact our 24/7 Customer Care team for help finding the right documents.
 

Other HOA governing documents

North Carolina CC&Rs are only one part of an association’s governing structure. Other documents may include:

• Articles of incorporation: Establish the association as a legal entity and outline its basic corporate powers.
   
• Bylaws: HOA bylaws explain how the association operates, including HOA meetings, elections, officers, and board procedures.
   
• Rules, regulations, and board policies: HOA rules and regulations provide more detailed standards for day-to-day community life but should not conflict with higher-ranking documents. Learn more in our guide to creating and enforcing HOA rules.

Each document serves a different purpose. Together, they help define how the community is governed and how owners, board members, and the association share responsibilities.
 

Which HOA documents control?

After federal, state, and local law, HOA documents generally follow this order:

1. Declaration or recorded covenants
    
2. Articles of incorporation
    
3. Bylaws
    
4. Rules, regulations, and board policies

If two HOA documents conflict, the higher-ranking document usually controls. For example, the board cannot use a bylaw, rule, or policy to change or contradict the recorded declaration. When the declaration conflicts with the bylaws, the declaration controls, unless the declaration is inconsistent with the North Carolina Planned Community Act (N.C. Gen. Stat. § 47F-2-103(c)).
 

Enforcement tips for board members

1. Work with qualified professionals

   CC&R enforcement can involve legal requirements, resident concerns, and community relationships. A property management company can help the board organize records, prepare notices, track deadlines, and coordinate next steps. Qualified association counsel can help interpret the governing documents and North Carolina property management laws. Working together gives the board a clearer picture before it decides how to move forward.
    

2. Start with the governing documents

   Before taking action, it helps to identify the exact covenant, rule, or policy involved and check whether it is still current. The board may also need to review the NC Planned Community Act and any required hearing or notice process. A clear starting point can reduce confusion and help everyone understand what the concern is really about.
    

3. Keep communication clear and respectful

   Violation notices work best when they explain what was observed, which provision may apply, and what the owner can do next. The tone should be calm, direct, and helpful. Clear dates, photos, or other details may also help. Owners should know who to contact if they have questions or information the board should consider.
    

4. Keep useful records

   Well-organized records can help the board understand what happened and what steps were taken. This may include notices, photographs, owner responses, hearing materials, and the final decision. Minutes should capture the action taken without including more personal detail than needed. Good records also make follow-up easier when board members or managers change.

About FirstService Residential

As North America’s leading property management company, FirstService Residential serves North Carolina communities with local expertise backed by national resources. Our teams support board members with meetings, recordkeeping, financial management, banking and insurance programs, resident communication, and 24/7 customer care teams. This way, board members can focus on long-term goals instead of day-to-day administration.

With over 20 years of experience across the state, we help HOAs, condo associations, high-rises, and master-planned communities operate smoothly and meet their goals with confidence.

To learn how we can support your association, contact our North Carolina team today.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.