§ 47F-3-107.1. Procedures for fines and suspension of planned community privileges or services. - North Carolina Statutes

§ 47F‑3‑107.1. Procedures for fines and suspension of planned community privileges orservices.

Unless a specific procedurefor the imposition of fines or suspension of planned community privileges orservices is provided for in the declaration, a hearing shall be held before theexecutive board or an adjudicatory panel appointed by the executive board todetermine if any lot owner should be fined or if planned community privilegesor services should be suspended pursuant to the powers granted to the associationin G.S. 47F‑3‑102(11) and (12). Any adjudicatory panel appointed bythe executive board shall be composed of members of the association who are notofficers of the association or members of the executive board. The lot ownercharged shall be given notice of the charge, opportunity to be heard and topresent evidence, and notice of the decision. If it is decided that a fineshould be imposed, a fine not to exceed one hundred dollars ($100.00) may beimposed for the violation and without further hearing, for each day more thanfive days after the decision that the violation occurs. Such fines shall beassessments secured by liens under G.S. 47F‑3‑116. If it is decidedthat a suspension of planned community privileges or services should beimposed, the suspension may be continued without further hearing until theviolation or delinquency is cured. The lot owner may appeal the decision of anadjudicatory panel to the full executive board by delivering written notice ofappeal to the executive board within 15 days after the date of the decision.The executive board may affirm, vacate, or modify the prior decision of theadjudicatory body. (1997‑456,s. 27; 1998‑199, s. 1; 2005‑422, s. 4.)