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Limits on HOA foreclosure: 90 days unpaid, board vote, no power of sale for fines

N.C. Gen. Stat. § 47F-3-116(f), (h)

In plain words

A North Carolina planned-community association can foreclose its lien only if an assessment has been unpaid for 90 days or more, and only after its board votes to foreclose on your specific lot. A lien made up only of fines (or interest and lawyer fees tied only to fines) can be enforced only through a court foreclosure, not a power of sale.

Who is protected

Lot owners in North Carolina planned communities under chapter 47F.

When it applies

  • Only in North Carolina.
  • Only while you are behind but have no foreclosure notice yet, after a notice of default or once a sale date is set.
  • Only if you owe your HOA.
Check whether it applies to you

What you can do

  • Ask the HOA for an itemized ledger

    Separate assessments from fines and fees and ask for a payment plan.

  • Read your state guide and find free help

    Open the state page for the process, deadlines and legal-aid contacts in your state.

    Open the tool

Honest limits

  • Unpaid regular assessments can still lead to a power-of-sale foreclosure.
  • This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.

The law

  1. State lawPlanned community liens

    N.C. Gen. Stat. § 47F-3-116(f), (h)

    Exact part: (f), (h)

    What it says: Foreclosure requires 90+ days unpaid and a board vote; fine-only liens need judicial foreclosure.

    Read the official text

Court cases

  • Homeowner lostSame topic
    Boren v. U.S. National Bank Ass'n

    Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)

    a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period

  • Homeowner lostSame topic
    Martins v. BAC Home Loans Servicing, L.P.

    Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)

    a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable

  • Partial winSame topic
    Reinagel v. Deutsche Bank National Trust Co.

    Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)

    a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable

  • Partial winSame topic
    Culhane v. Aurora Loan Services

    Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)

    a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful

  • Homeowner wonSame topic
    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.

    Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)

    the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires

  • Homeowner wonSame topic
    Bartee v. Tara Colony Homeowners Ass'n

    Bartee v. Tara Colony Homeowners Ass'n (In re Bartee), 212 F.3d 277 (5th Cir. 2000)

    Chapter 13's anti-modification rule does not protect a junior lienholder whose lien is not supported by any value in the debtor's home

Related rights

State lawVerified Sep 23, 2026

Right to a hearing before the clerk, and to ask a judge to stop the sale

N.C. Gen. Stat. § 45-21.16(d)

Before a power-of-sale foreclosure can go forward, the clerk of superior court holds a hearing. The clerk can allow the sale only after finding a valid debt held by the party foreclosing, a default, the right to foreclose, and proper notice. Separately, you can ask a superior court judge to enjoin (stop) the sale on legal or equitable grounds before the sale becomes final.

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