North Carolina Title Teams: Planned Community Act Resale Certificates

North Carolina splits resale disclosure across two statutes and three documents. Condominium resales require the seller to furnish a short statement of the monthly common expense assessment and other fees (N.C.G.S. § 47C-4-109) before conveyance. Planned community resales have no statutory disclosure package at all — Chapter 47F contains no resale certificate section. What protects every closing in both regimes is the association's statement of unpaid assessments and other charges under § 47C-3-118(b) and § 47F-3-118(b), which must be furnished within 10 business days of a written request, is binding on the association, and is capped at $200 plus a $100 expedite fee. Everything else in a customary NC resale package — the declaration, bylaws, budget, financials, insurance, and minutes — is requested as practice rather than statute, which means title teams who do not ask do not receive. For the full landscape of NC disclosure law, see our guide to North Carolina HOA document requirements.

NC Resale Disclosure: Two Acts, Three Documents

North Carolina regulates HOAs and condos under two parallel statutes, and neither looks like a typical resale certificate statute. The Planned Community Act (N.C.G.S. Chapter 47F) governs planned communities created on or after January 1, 1999 — generally subdivisions, townhome communities, and mixed-use developments with more than 20 lots (communities of 20 or fewer lots and all-nonresidential communities are excluded unless they opt in). The Condominium Act (N.C.G.S. Chapter 47C) governs condominiums created after October 1, 1986; earlier regimes fall under the predecessor Unit Ownership Act (Chapter 47A).

Section 47F-1-102 extends key provisions — including the association powers, assessment lien, and records sections — to pre-1999 planned communities unless the articles or declaration provide otherwise, so most established NC communities sit inside the statute's rules. The first gate on every NC file is therefore the same: confirm whether the property is a condominium (47C) or a planned community (47F) by reviewing the recorded declaration, then order the documents that statute actually requires.

Three documents carry the resale workload in NC:

• The statement of unpaid assessments and other charges (47F-3-118(b) / 47C-3-118(b)) — the binding, fee-capped document that anchors every closing.
• The condo seller's fee statement (47C-4-109) — a short disclosure the selling unit owner owes the buyer before conveyance in condo sales.
• The customary resale package — the declaration, bylaws, budget, financials, insurance, and minutes that title teams request as diligence even though no statute compels their delivery.

Note what NC does not have: no statutory buyer rescission on resales (the rescission right under 47C-4-108 applies to a declarant's first sales of new condominiums), no state HOA regulator to complain to (the NC Department of Justice fields consumer questions, but there is no oversight agency), and no statutory content list for resale packages. The purchase contract's due diligence provisions, not Chapter 47F, are what give buyers leverage to demand documents.

The Statement of Unpaid Assessments: 10 Business Days

The document that actually controls the money at an NC closing is the statement of unpaid assessments and other charges. Under N.C.G.S. § 47F-3-118(b) (planned communities) and § 47C-3-118(b) (condominiums), the association must furnish, upon written request, a statement setting forth the amount of unpaid assessments and other charges against the unit or lot. It must be furnished within 10 business days after receipt of the request — the only statutory clock in the NC resale process.

Three features make this statement the estoppel equivalent in NC practice:

• Who can request it. The unit or lot owner or the owner's authorized agents — which in practice means the closing attorney or title company acting for either side. Requests in writing trigger the clock.
• It is binding. The statement is binding on the association, the executive board, and every unit or lot owner. The figures it states are the figures the association must stand behind at closing.
• It is what lenders and title teams rely on. Management companies deliver it as a "status letter," "dues letter," or "payoff" — the term varies, but the statutory effect does not.

The statute specifies no consequence for a late statement, so the practical cost of delay is a stalled closing rather than a penalty or fee forfeiture. That makes the 10-business-day deadline a scheduling constraint title teams must build into the file: request the statement the moment the contract is signed, confirm the written request was received, and escalate at day seven on a tight timeline. For a state-by-state comparison of delivery rules, see our guide to HOA disclosure requirements by state.

Condo Resales: The 47C-4-109 Seller Statement

Condominium resales carry one additional statutory duty. Under N.C.G.S. § 47C-4-109 ("Resales of units"), a unit owner must furnish to a prospective purchaser before conveyance a statement setting forth the monthly common expense assessment and any other fees payable by unit owners. Section 47C-3-102(12) refers to this document as a "resale certificate," but the statute's actual requirement is deliberately narrow: the monthly assessment figure and the recurring fees — not the budget, reserves, minutes, or litigation summary.

The section states no deadline, no fee, and no content beyond the assessment figure and fees. The exceptions are equally spare: sales where a public offering statement is required (a declarant's first sales) and transactions exempt under 47C-4-101(b) are outside the requirement.

For title teams, the 47C-4-109 statement is a completeness item, not a diligence item. Confirm in writing that the seller furnished the assessment/fee statement before conveyance, and treat the figure as the baseline for the payoff reconciliation. Everything a lender actually underwrites — the declaration, operating budget, most recent financials, master insurance policy, pending litigation, and reserves — must be requested separately, because no statute compels a condo seller or association to volunteer them.

What a Customary NC Resale Package Includes

Because the statutory floor is thin, the working document set on an NC file is defined by practice, lender requirements, and the purchase contract. A complete customary resale package for an NC closing generally includes:

• Governing documents. The declaration, bylaws, articles of incorporation, and current rules and regulations.
• Financials. The most recent year-end financial statement, the current operating budget, and any reserve study or reserve balance information.
• Insurance. The master insurance declarations page and deductible schedule, including flood and windstorm coverage where applicable.
• Litigation and violations. A summary of pending litigation, any outstanding code violations, and recent board and annual meeting minutes.
• Assessment status. The statement of unpaid assessments under 47F-3-118(b) or 47C-3-118(b), plus the current dues amount and any approved special assessments.
• Rental and use restrictions. Any restrictions on renting, short-term rentals, or occupancy that could affect the buyer's intended use.

Management companies in Charlotte, Raleigh, and the Triad routinely compile these as a bundled "resale package" or "resale certificate" — the term is common even though no statute uses it. The quality varies sharply between professionally managed and self-managed associations, so build a buffer: customary turnaround runs 7 to 14 business days, and self-managed boards frequently use every day of it. For guidance on realistic delivery windows, see our post on HOA resale certificate turnaround times.

Fees: The $200 Cap and the $100 Expedite Fee

North Carolina caps the one statement that matters at closing. Under N.C.G.S. § 47F-3-118(b) and § 47C-3-118(b), the association, its managers, or its agents may charge a reasonable fee for the statement of unpaid assessments not to exceed $200 per statement or request, plus an additional expedite fee not exceeding $100 if the request is made within 48 hours of closing. The cap is a flat statutory figure — unlike Illinois's CPI-adjusted $375 cap or Virginia's CIC Board schedule, NC does not index it to inflation.

Two fee realities sit outside the cap. First, customary resale packages beyond the statement — governing documents, financials, insurance, and the rest — carry no statutory cap, and management company fee schedules in the $100 to $400 range are common, with additional charges for expedited service. Second, some associations add service, collection, consulting, or administration fees that the statute does not authorize: 47F-3-116(a2) bars an association from levying such fees unless the declaration expressly allows them, and any lien securing those unauthorized fees may only be enforced by judicial foreclosure. For a state-by-state fee comparison, see our HOA document fee guide.

Assessment Liens and Foreclosure: What Title Teams Face

Unpaid assessments are the NC lien issue that shows up in title work. Under N.C.G.S. § 47F-3-116, any assessment attributable to a lot that remains unpaid for 30 days or more becomes a lien on the lot when a claim of lien is filed of record in the office of the clerk of superior court for the county where the lot is located. Once filed, the claim secures all sums due through the filing date and thereafter — including fees, charges, and late charges imposed under the association's powers, subject to the declaration.

The enforcement path matters for underwriting:

• Power-of-sale foreclosure. The association may foreclose the claim of lien in like manner as a mortgage or deed of trust under power of sale, under Article 2A of Chapter 45, once the assessment remains unpaid for 90 days or more and the executive board votes to commence the proceeding. The Article 2A process requires the clerk of superior court to authorize the foreclosure before the sale proceeds.
• Judicial foreclosure only for certain liens. A claim securing solely fines, interest on fines, attorney's fees tied to fines, or unauthorized service/collection/consulting/administration fees may be enforced only by judicial foreclosure under Article 29A of Chapter 1.
• Priority. The claim of lien is prior to all liens and encumbrances except liens (including mortgages and deeds of trust) recorded before the claim of lien was filed and real estate taxes — so a first mortgage recorded earlier primes the assessment lien.
• Enforcement window. A lien for unpaid assessments is extinguished unless proceedings to enforce it are instituted within three years after the claim of lien is filed.
• Attorney's fee cap. In an uncontested collection, attorney's fees and the trustee's commission charged to the lot owner are capped at a combined $1,200 (47F-3-116(f)(12)).

For title teams, the practical picture is usually manageable: because a first mortgage primes the lien, an NC association's exposure at a lender-initiated foreclosure is limited, and at an ordinary resale the seller's unpaid assessments are cleared through the statement of unpaid assessments and the payoff. But a claim of lien on the record — or a recent notice of lien filing — is a condition to clear at closing, and the 15-day advance-notice and address-verification requirements under 47F-3-116(b) mean associations sometimes file against stale addresses. Search the clerk's records, confirm the payoff figure against the statement, and require a satisfaction or release before funding.

Coastal and Growing-Market Considerations

North Carolina's disclosure workload clusters where the state is growing. Charlotte, Raleigh, and the Triad produce steady resale volume with professionally managed communities, while the Wilmington and Outer Banks coasts add a distinct layer of issues:

• Coastal insurance. Flood and windstorm coverage, hurricane deductible schedules, and the master policy's treatment of storm damage sit at the top of the diligence list on coastal files.
• Beach renourishment and dune maintenance. Coastal associations commonly levy special assessments for renourishment projects — a recurring item that belongs in the special assessment check against the statement of unpaid assessments.
• Seasonal timing. Hurricane season overlaps the fall closing season, and management companies on the coast carry heavier workloads in September and October. Request packages earlier on coastal files.
• Short-term rental restrictions. Beach towns vary widely on vacation rentals; confirm the rental rules in the resale package when the buyer's use depends on them.
• No state regulator. There is no NC HOA oversight agency, so unresponsive associations are handled by persistence, escalation, and ultimately the courts — not a complaint hotline.

The one constant across all NC markets is that the statement of unpaid assessments is the statutory anchor, and everything else is diligence. Teams that treat the $200-capped statement as the whole file will miss the reserve, insurance, and litigation picture; teams that build the full customary package into the timeline close cleanly.

NC Title Team Compliance Checklist

Use this checklist on every North Carolina resale file to confirm the statutory documents are ordered and the diligence package is complete.

Frequently Asked Questions

Does North Carolina require a resale certificate for HOA resales?

No. The North Carolina Planned Community Act (Chapter 47F) contains no statutory resale certificate section for owner-to-owner resales. The operative document at closing is the statement of unpaid assessments under N.C.G.S. § 47F-3-118(b), which the association must furnish within 10 business days of a written request.

What is the deadline for a North Carolina statement of unpaid assessments?

Under N.C.G.S. § 47F-3-118(b) for planned communities and § 47C-3-118(b) for condominiums, the association must furnish the statement within 10 business days after receipt of a written request from the unit or lot owner or the owner's authorized agents, such as a closing attorney or title company.

What can a North Carolina HOA charge for the statement of unpaid assessments?

N.C.G.S. § 47F-3-118(b) caps the fee at $200 per statement or request, plus an additional expedite fee of up to $100 if the request is made within 48 hours of closing. Customary resale packages beyond the statement are not capped by statute.

What do North Carolina condo sellers have to disclose on resale?

Under N.C.G.S. § 47C-4-109, a unit owner must furnish to a prospective purchaser before conveyance a statement setting forth the monthly common expense assessment and any other fees payable by unit owners. The section sets no deadline and no fee.

Can a North Carolina buyer cancel the contract after receiving resale documents?

There is no statutory rescission right for owner-to-owner resales in North Carolina. The rescission right under N.C.G.S. § 47C-4-108 applies to a declarant's initial sales of new condominiums. On resales, buyer leverage comes from the purchase contract's due diligence provisions.

What happens if the North Carolina association does not deliver the statement on time?

The statutes specify no penalty for a late statement of unpaid assessments. The statement is binding on the association once furnished, and the practical consequence of delay is a stalled closing rather than a statutory penalty or fee forfeiture.

Can a North Carolina HOA foreclose for unpaid assessments?

Yes. Under N.C.G.S. § 47F-3-116, assessments unpaid for 30 days or more become a lien when a claim of lien is filed with the clerk of superior court, and the association may foreclose under power of sale under Article 2A of Chapter 45 once the assessment is unpaid for 90 days and the board votes to proceed. Liens securing only fines or unauthorized fees may be enforced only by judicial foreclosure under Article 29A of Chapter 1.

Key Takeaways

• No statutory resale certificate. Chapter 47F has none; NC runs on the binding statement of unpaid assessments (47F-3-118(b)).
• 10 business days. The association must furnish the statement within 10 business days of a written request from the owner or authorized agents.
• $200 fee cap. Plus a $100 expedite fee only when the request is made within 48 hours of closing; the cap is not inflation-indexed.
• Condo sellers owe a fee statement. 47C-4-109 requires the monthly common expense assessment and other fees to be stated before conveyance.
• Everything else is diligence. Declaration, bylaws, budget, financials, insurance, minutes, and litigation are contractual requests, not statutory delivery obligations.
• No rescission on resales. The statutory cancellation right (47C-4-108) belongs to declarant's first sales of new condominiums only.
• Liens run through the clerks. Claims of lien are filed with the clerk of superior court; first mortgages recorded earlier take priority; fines-only liens force judicial foreclosure.

If your team is juggling multiple North Carolina HOA and condo files and needs predictable turnaround on statements of unpaid assessments and customary resale packages, consider routing orders through a dedicated retrieval service that tracks the 10-business-day clock, verifies the $200 fee cap, and confirms package completeness before the documents reach your desk.