Lien for sums due the association; enforcement
- Statute:
- North Carolina §47F-3-116 · Chapter 47F (North Carolina Planned Community Act)
- Topic:
- Assessments · Lien and foreclosure
- Applies to:
- HOA associations
An assessment unpaid 30 days or longer becomes a lien when a claim of lien is filed with the clerk of superior court. At least 15 days before filing, the association must first-class-mail a statement of the amount due to the lot, the owner's address of record, and the tax-record address. The lien is extinguished unless enforcement is started within three years. It is junior to prior recorded mortgages. If the assessment remains unpaid 90 days or more, the association may foreclose under power of sale (Chapter 45, Article 2A) like a mortgage — but only if the executive board votes to commence the proceeding against that specific lot. Also applies to pre-1999 planned communities unless the instruments say otherwise.
📄 Read the official text at ncleg.gov →
How SoShiny helps with Lien for sums due the association; enforcement
SoShiny is built around the Florida statutes from day one. The features that help you comply with this section are part of every plan — no add-ons, no per-document fees.
See the feature → Start freeFrequently asked
- What does North Carolina §47F-3-116 require?
- An assessment unpaid 30 days or longer becomes a lien when a claim of lien is filed with the clerk of superior court. At least 15 days before filing, the association must first-class-mail a statement of the amount due to the lot, the owner's address of record, and the tax-record address. The lien is extinguished unless enforcement is started within three years.
- Who does North Carolina §47F-3-116 apply to?
- North Carolina §47F-3-116 applies to HOA associations in North Carolina.
- What happens if our HOA doesn't comply with §47F-3-116?
- Non-compliance can expose the association and individual directors to disputes in the governing forum for North Carolina community associations. SoShiny's audit trail and documented workflows are designed to demonstrate good-faith compliance.
- Where can I read the official text of North Carolina §47F-3-116?
- The official text is published by the North Carolina General Assembly at ncleg.gov. The summary on this page is for plain-English reference only and is not legal advice.
- How does SoShiny help with Lien for sums due the association; enforcement?
- SoShiny is built around the Florida statutes from day one. The features that help you comply with this section are part of every plan — no add-ons, no per-document fees. Learn more →
Not legal advice. This page is a plain-English summary of North Carolina §47F-3-116 prepared by SoShiny for board members and managers. For binding legal advice or interpretation, consult a North Carolina-licensed attorney. For the official statutory text, see the link above.
Stay current on North Carolina association law.
Get the free quick-reference guide plus a heads-up when the statutes that govern your community change.
Don’t run your HOA on spreadsheets.
Start your community free →