Updated for 2026
This page is part of AMG’s Guide to North Carolina HOA laws. Federal law can operate above the state statutes and governing documents that apply to a North Carolina community association, and city or county requirements can operate alongside them.
Association Management Group (AMG) prepared this guide for general informational purposes. AMG is a community association management firm, not a law firm, and this guide does not constitute legal advice. Statutes, and the court decisions interpreting them, change over time. Legal questions, and the final interpretation of any statute or of the governing documents, should be confirmed with qualified legal counsel.
In this guide, the term governing documents refers collectively to the association’s plat, articles of incorporation, bylaws, declaration, rules and regulations, and all policies adopted by the board or the membership.
How these layers fit
A North Carolina association generally operates within several layers of authority at once: federal law; state statutes, such as the North Carolina Planned Community Act, the North Carolina Condominium Act, and the Unit Ownership Act; city or county requirements; and the association’s governing documents.
As a general matter, a lower source of authority cannot override a higher one. Which source controls a particular question depends on the issue, the governing documents, the locality, and the facts.
The examples on this page are illustrative only. The page does not provide a complete catalog of federal or municipal requirements and does not determine whether any listed item applies to a particular community.
Federal requirements boards commonly encounter
The table below illustrates federal topics that commonly arise in North Carolina associations.
Federal topics, for reference only
| Topic | Typical source |
|---|---|
| Fair Housing Act | Federal housing law |
| Americans with Disabilities Act | Federal access law (facilities open to the public) |
| Satellite dishes and over-the-air antennas | FCC OTARD rules |
| Display of the American flag | Federal flag display law |
| Servicemembers Civil Relief Act | Federal servicemember protections |
| Fair Credit Reporting Act | Federal consumer-report rules |
Among these topics, fair housing and disability-related requests tend to be the most sensitive. Satellite dish and flag questions often involve more than the governing documents alone. Collection involving a servicemember, or screening that relies on a consumer report, may bring in federal requirements that the governing documents do not address. Although not listed in the table, the federal Fair Debt Collection Practices Act can also apply when a third party, such as a collection agency or collection law firm, collects delinquent assessments.
Fair housing and disability access
A disability-related request to an association, such as a request for a change or exception to a rule, policy, practice, or service, or for permission to make a physical change to a home or common area, is generally a request for a reasonable accommodation or modification under the Fair Housing Act. The Americans with Disabilities Act is a separate law that may reach association facilities open to the public, such as a pool that sells memberships to nonresidents or a rental office.
Federal fair housing law contains specific rules governing what information may be requested, what may not be requested, and how any inquiry is to be made. A well-intentioned board member who handles such a request informally can unintentionally infringe on the requesting person’s rights, which is why these requests should be handled through a consistent, documented process.
Satellite dishes and similar equipment
Federal Communications Commission rules can limit the extent to which an association may restrict certain satellite dishes and over-the-air antennas. Those rules generally cover satellite dishes and certain other antennas one meter or less in diameter, as well as television broadcast antennas, installed on property within the owner’s exclusive use or control, and generally do not extend to common areas. A restriction in the governing documents that appears absolute may still have to yield, in whole or in part, and questions of placement, common elements, and safety are fact-specific.
Municipal requirements boards commonly encounter
The applicable ordinances depend on the city or county with jurisdiction over the property, and requirements differ among Charlotte, Greensboro, Raleigh, and the coastal towns. The table below lists examples of local topics that associations commonly encounter; it does not replace a review of the requirements of the actual jurisdiction.
Municipal topics, for reference only
| Topic | Typical source |
|---|---|
| Zoning | City or county zoning |
| Land-use approvals | Local planning process |
| Building codes and permits | Local building department |
| Public roads and rights-of-way | City, county, or NCDOT |
| Short-term rental ordinances | Local rental rules |
| Signs | Local sign ordinances |
| Stormwater and drainage | Local stormwater rules |
| Historic or overlay districts | Local overlay zoning |
Zoning, land use, and permits
An owner may need both a city or county permit and association approval for the same project, and neither approval substitutes for the other. Zoning and land-use rules can also operate alongside a use restriction in the governing documents, and which source governs a particular question is a legal determination.
Public roads and rights-of-way are a frequent source of confusion. On a publicly dedicated street, parking, towing, speed control, and maintenance are often outside the association’s authority in ways that would not apply on a private street, so the status of the road should be established before the board acts.
How AMG supports the board
Many boards find it useful to record the applicable community statute, the city or county that has jurisdiction over the community, and whether its streets are public or private in a one-page legal-structure summary prepared with counsel. AMG can help the board gather the information that summary draws on.
When the association receives a fair housing, disability-related, or antenna request, or an owner request involving both an association approval and a municipal permit, AMG can receive the request and forward it to the board. The board, typically with the association’s attorney, decides how to respond, and AMG can then assist by preparing and sending correspondence that communicates the board’s decision.
When to involve legal counsel
Fair housing requests (including requests for a reasonable accommodation or modification) and satellite dish or antenna requests are matters that associations commonly review with counsel before responding; involving counsel at that stage is a routine, non-adversarial step. Other matters that commonly warrant the involvement of the association’s attorney include, but are not limited to, a flag complaint, collection involving a servicemember or handled by a third-party collector, screening that uses a consumer report, a project that needs both association approval and a municipal permit, and any point at which the governing documents and an ordinance appear to conflict. Whether and when to involve counsel is the board’s decision. At the board’s direction, AMG can help coordinate communications with the association’s attorney and assist in gathering the information counsel requests.
Frequently Asked Questions
Does federal law apply to an HOA?
Some federal requirements can reach community associations, including fair housing, antenna, and flag display rules. Which requirements apply, and how they interact with the governing documents, depend on the community and the facts.
If the city issues a permit, does the association have to approve the project?
Not automatically. A municipal permit and association architectural approval are separate processes, and one does not replace the other. How the two interact in a particular case depends on the governing documents and the applicable ordinance.
Are the streets in a community public or private?
The answer depends on whether the streets were dedicated to and accepted by a public entity, such as NCDOT or the municipality, and the streets’ status affects parking, towing, and maintenance. Streets are not necessarily private simply because they lie within the neighborhood.
Related Resources
- Guide to North Carolina HOA laws
- Unenforceable HOA rules in North Carolina
- NC Planned Community Act
- NC Condominium Act
- NC Unit Ownership Act
Have questions about your own community?
Boards of AMG-managed communities are encouraged to begin with their community manager, who can help the board locate the relevant governing documents and other available information and, at the board’s direction, liaise with the association’s attorney when a legal question arises. Associations that are not currently AMG clients may contact AMG’s client services team for information about AMG’s management services or for referrals to qualified professionals.
AMG provides administrative management services to associations and is not a law firm. AMG acts on behalf of the associations it manages rather than individual owners, and an owner involved in a dispute with an association may wish to consult independent counsel.
About AMG
This guide was prepared by Association Management Group (AMG) community managers, including managers who hold the PCAM®, AMS®, and CMCA® credentials. AMG is an AAMC®-accredited firm serving more than 30,000 property owners across the Carolinas. The information is intended to assist community association members and leaders in understanding the statutory framework in which their associations operate.
Learn more at www.amgworld.com. Additional governance discussion appears in the Lessons from the Neighborhood series at www.LessonsFromTheNeighborhood.com.