Jan172026
Partition Action Q&A Series

How can we verify whether the HOA dues and utilities are actually being paid if the occupant won’t share information? – North Carolina

Short Answer

In North Carolina, the most practical way to verify HOA dues is to request the association’s account ledger and related records directly from the HOA or its management company, because owners typically have a right to examine association records. Utility billing is often harder to confirm without the account holder’s consent, but unpaid HOA assessments may show up as recorded liens, and a court case (such as a partition action) can create formal ways to demand documents and proof of payment.

Understanding the Problem

In North Carolina, when multiple siblings appear to co-own a parent’s home and one sibling moves in and refuses to cooperate, a common question is how to confirm whether the occupant is actually paying ongoing bills tied to the property—especially HOA dues and utilities. The decision point is whether reliable verification can be obtained from third parties (like the HOA or public records) or whether a court process is needed to require proof of payment and sort out who should ultimately bear those costs.

Apply the Law

Two legal ideas usually drive the answer in North Carolina co-ownership disputes. First, HOAs and condominium associations often must keep financial records and make them available for owner review, which can allow co-owners to verify whether assessments are current. Second, in a partition case, North Carolina law allows the court to address “carrying costs” (costs that preserve the property and the co-owners’ interests) and to award contribution/credits between co-owners based on who paid what during the relevant period.

Key Requirements

  • Confirm ownership status: The HOA is more likely to provide an account ledger to a record owner (or that owner’s attorney/authorized agent) than to someone who cannot show an ownership interest.
  • Use sources that do not depend on the occupant’s cooperation: HOA records and county public records can sometimes confirm delinquency (for example, recorded liens), even if the occupant refuses to share statements.
  • Track “carrying costs” for a later accounting: In a partition proceeding, the court can consider who paid property-preservation costs (like taxes, insurance, repairs, and certain loan payments) when dividing proceeds or credits.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, multiple siblings appear to be co-owners, and one sibling is in possession and refusing to share information. Because HOA assessments can lead to recorded liens and because associations maintain ledgers and receipt records, verification can often come from the HOA/management company and county public records rather than from the occupant. If the dispute proceeds into a partition action, North Carolina’s partition statutes provide a framework to sort out carrying costs and to require documentation through the court process.

Process & Timing

  1. Who requests records: A record co-owner (or the co-owner’s attorney/authorized agent). Where: The HOA or its management company; and the county Register of Deeds/Clerk of Superior Court records for liens. What: A written request for the property’s account ledger, payment history, and any notices of delinquency/collection activity; and a search for recorded HOA liens. When: As soon as nonpayment is suspected, because HOA delinquencies can escalate into liens and collection action.
  2. If utilities are the concern: Request proof from the occupant in writing, but expect resistance. Many utilities will not disclose account details without the account holder’s consent; instead, focus on preventing service interruption (for example, by setting up a new account if permitted) and documenting any payments made to preserve the property.
  3. If cooperation still fails: Consider filing a partition action in the county where the property is located. In that case, the court process can be used to request documents and to address credits/contribution for qualifying carrying costs under North Carolina partition law.

Exceptions & Pitfalls

  • HOA record access depends on the legal framework: Some communities are condominiums and others are planned communities; record-access rules can differ based on the governing documents and which statute applies. When in doubt, an attorney can tailor the request and cite the correct authority.
  • Utility privacy barriers: Even if someone is a co-owner, a utility may treat billing details as private to the account holder. Verification may require consent, a change in account setup, or court-backed discovery in an active case.
  • Mixing “carrying costs” with personal expenses: In a partition accounting, the strongest claims usually involve costs that preserve the property (taxes, insurance, necessary repairs, and certain loan payments). Keeping clean records (bank statements, receipts, HOA ledgers) avoids disputes later.

For more background on resolving co-owner deadlocks, see force the sale of inherited land when some co-owners refuse to sell and force the sale of a co-owned house when the other owner refuses to cooperate.

Conclusion

In North Carolina, verification usually starts with third-party sources that do not depend on the occupant’s cooperation: request the HOA’s account ledger and payment history directly from the association/management company, and check county records for any recorded HOA lien tied to unpaid assessments. Utility billing details may be harder to confirm without consent, but a partition case can create a formal process to require documentation and to address credits for qualifying carrying costs. The next step is to send a written HOA records request through an attorney promptly.

Talk to a Partition Action Attorney

If multiple family members co-own a home and one occupant will not cooperate about HOA dues or utilities, our firm has experienced attorneys who can help explain options for verifying payments and protecting the property while the ownership dispute is resolved. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Partition Action Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.