Declaration limits on attorneys' fees
- Statute:
- North Carolina §47F-3-120 · Chapter 47F (North Carolina Planned Community Act)
- Topic:
- Enforcement · Attorney fees
- Applies to:
- HOA associations
Except as provided in the lien section (§3-116), in an action to enforce the articles, declaration, bylaws, or rules, the court may award reasonable attorney fees to the prevailing party only if recovery of attorney fees is allowed in the declaration. This section applies to all pre-1999 planned communities (no opt-out).
📄 Read the official text at ncleg.gov →
How SoShiny helps with Declaration limits on attorneys' fees
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-3-120 require?
- Except as provided in the lien section (§3-116), in an action to enforce the articles, declaration, bylaws, or rules, the court may award reasonable attorney fees to the prevailing party only if recovery of attorney fees is allowed in the declaration. This section applies to all pre-1999 planned communities (no opt-out).
- Who does North Carolina §47F-3-120 apply to?
- North Carolina §47F-3-120 applies to HOA associations in North Carolina.
- What happens if our HOA doesn't comply with §47F-3-120?
- 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-3-120?
- 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 Declaration limits on attorneys' fees?
- 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-3-120 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.
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