Homeowners’ Associations Practice Group

Serving community associations in Greensboro and throughout North Carolina

The Homeowners Association Team at Higgins Benjamin has extensive experience working with condominium and homeowners associations across the state. We help boards, management companies, and governing organizations of planned communities address legal issues that are unique to each association—practically, efficiently, and with an eye toward protecting the community’s long-term stability. 

What Is HOA Law?

A homeowners’ association or condominium association functions like a hyperlocal governing body: it maintains common areas, enforces covenants/rules, and assesses dues needed to fund community obligations. Disputes often arise at the intersection of governing documents, state statutes, and day-to-day operational realities—especially when enforcement or collections are required. 

HOA & Condo Association Legal Services We Provide

Our representation for associations commonly includes the items below (and more), depending on your governing documents and the issue at hand. Many of these overlap with the most common association needs—assessments, covenant enforcement, meeting disputes, and document updates. 

Governing Documents: Interpretation, Enforcement, and Updates

We assist with:

• Interpretation of declarations/CC&Rs, bylaws, rules, architectural guidelines, and policies 

• Development and enforcement of governing documents (including practical enforcement strategies) 

• Amending declarations, articles of incorporation, and bylaws (including board/member process guidance) 

Board & Management Company Counsel

We regularly support boards and community managers with:

• Responding to board or management company questions 

• Orienting the board or membership to the governing documents (or a specific issue) 

• Attending board/association meetings when legal guidance is needed in real time 

Meeting Controversies, Neighborhood Disputes, and Covenant Violations

Association leadership often needs practical legal support for:

• Meeting controversies and procedural disputes 

• Neighborhood disputes and covenant enforcement 

• Resolving disputes with homeowners, including declaration violations 

• Attending hearings related to enforcement or governance issues 

Assessments, Dues Collection, Liens, and Foreclosure

Our team believes that collecting dues is an art, not a science. Success comes from the ability to approach each homeowner’s situation uniquely and create a communication path that is fair, professional, and designed to resolve delinquency efficiently whenever possible. 

When appropriate, we also assist with the legal tools associations commonly use, including collections strategies and lien/foreclosure processes (where allowed by law and your documents). 

What Are Some Examples of Situations Where You Might Need an HOA Lawyer?

While this page is primarily focused on representing associations and boards, many HOA matters begin when a dispute escalates and the association needs legal guidance—especially around enforcement, collections, or governance. 

Common triggers include:

• Persistent covenant violations or repeated rule-breaking

• Disputes over architectural approvals and restrictions

• Meeting/procedural challenges and governance conflicts 

• Delinquent assessments requiring structured collection steps 

How Can a Lawyer Help With an HOA Dispute?

A lawyer can help assess whether the association’s actions are aligned with:

• The association’s governing documents

• Applicable state statutes and federal requirements

• Fair and consistent enforcement practices that reduce escalation and exposure 

We also help document decisions, improve compliance processes, and pursue resolutions that match the community’s goals—ranging from informal resolution to litigation when necessary. 

North Carolina Laws That Commonly Affect Community Associations

Depending on how your community is organized, your issue may involve one or more of these North Carolina statutory frameworks:

• North Carolina Condominium Act 

• North Carolina Planned Community Act 

• North Carolina Non-Profit Corporation Act 

• North Carolina Unit Ownership Act 

Questions to Ask When Choosing an HOA Attorney

If you are selecting counsel for your association (or evaluating a change), consider questions such as:

• What experience do you have handling HOA/community association matters in North Carolina? 

• What’s your approach to enforcement and collections—especially before litigation?

• How do you structure fees (flat vs hourly), and how will you keep the board informed? 

Tips for Hiring the Right Lawyer for Your Association

Practical steps that help boards make a confident hire:

• Ask for recommendations, research attorneys online, and schedule consultations 

• Review experience and expertise in community association governance and enforcement 

• Discuss fees and billing expectations up front 

• Trust your instincts about responsiveness and clarity of communication 

Our Homeowners’ Associations Attorneys

• William P. Benjamin – View profile

• John F. Bloss – View profile

(These are the attorneys shown on the firm’s Homeowners’ Associations page.) 

Related Practice Areas (Internal Links)

If your association matter overlaps with any of the following, you may also want to review these practice areas:

• Real Estate – Real Estate Practice Group

• Commercial Litigation – Commercial Litigation Practice Group

• Construction Law – Construction Law

• Mediation and Arbitration – Mediation & Arbitration

• Residential & Commercial Landlord Tenant – Landlord Tenant

Contact Our Office

If your association needs guidance on governance, enforcement, collections, document amendments, or dispute resolution, contact our team to schedule a consultation:

Contact Us