North Carolina Chapter 47F vs 47C: Know Your Community Type

Chapter 47F of the North Carolina General Statutes governs planned communities—residential developments where owners hold fee-simple title to their individual lots and share common property managed by an association. Planned communities can include single-family homes, townhomes, or mixed-use developments. The key distinction is that you own the land beneath your home outright, and the association manages shared amenities, roads, or landscaping on behalf of all residents.

• Owners hold fee-simple title to their individual lots; the association holds or manages common property on behalf of the community.
• Common property typically includes roads, parks, pools, or landscaping areas that benefit multiple properties.
• Chapter 47F sets rules for governance, disclosure, amendment procedures, and enforcement specific to this ownership structure.
• Most North Carolina residential HOAs are planned communities under Chapter 47F.

Chapter 47C of the North Carolina General Statutes governs condominiums, where owners hold title to individual units (the interior airspace and finishes) while the building structure, land, and common elements are held in co-ownership by all unit owners. Condominiums are typically multi-unit buildings such as apartments or townhome complexes with shared walls, roofs, or foundations. The condominium regime is created by a recorded declaration and plat that legally define each unit and the common elements.

• Owners hold title to the interior airspace of their unit; the building structure and land are co-owned by all unit owners.
• Common elements include walls, roofs, foundations, hallways, parking areas, and building systems shared by all residents.
• Chapter 47C sets rules for governance, maintenance obligations, special assessments, and dispute resolution for condominiums.
• Condominiums require a recorded declaration and plat that legally describe units and common elements.

The easiest way to determine whether your community is governed by Chapter 47F or 47C is to review your recorded deed, plat, or regime document. These legal documents will explicitly state the community type or reference the applicable chapter. Your HOA resale packet, title insurance commitment, or county register of deeds office can provide these records. If you are unsure after reviewing your documents, your HOA board or management company can confirm the recorded regime type.

• Check your recorded deed or plat for language stating 'planned community' (Chapter 47F) or 'condominium' (Chapter 47C).
• Review your HOA resale packet or disclosure documents, which often identify the governing statute in the cover letter or summary.
• Contact your county register of deeds to request a copy of the recorded regime declaration or plat.
• Ask your HOA board or management company directly—they maintain the recorded regime document and can confirm the community type.

Chapter 47F and 47C differ significantly in how amendments are approved, how special assessments are levied, and how enforcement actions proceed. Understanding which chapter governs your community ensures you know your voting rights, the threshold for amending covenants, and the procedures the association must follow when issuing violations or liens. These differences can affect your ability to challenge decisions, your liability for shared costs, and your long-term property rights.

• Amendment thresholds: Chapter 47F typically requires a majority or supermajority vote; Chapter 47C may require different thresholds depending on the declaration.
• Special assessments: Both chapters allow assessments, but the notice, voting, and dispute procedures differ between planned communities and condominiums.
• Enforcement: Chapter 47F and 47C set different timelines and procedures for issuing violations, liens, and foreclosure actions.
• Resale disclosure: Both chapters require disclosure of community documents to buyers, but the scope and format may vary by chapter.