§ 47F-3-106 – Bylaws.
47F-3-106. Bylaws. (a) The bylaws of the association shall provide for: (1) The number of members of the executive board and the titles of the officers of the association; (2) Election by the executive board of officers of the association; (3) The qualifications, powers and duties, terms of office, and manner of electing and removing […]
§ 47F-3-107 – Upkeep of planned community; responsibility and assessments for damages.
47F-3-107. Upkeep of planned community; responsibility and assessments for damages. (a) Except as otherwise provided in the declaration, G.S. 47F-3-113(h) or subsection (b) of this section, the association is responsible for causing the common elements to be maintained, repaired, and replaced when necessary and to assess the lot owners as necessary to recover the costs […]
§ 47F-2-118 – Termination of planned community.
47F-2-118. Termination of planned community. (a) Except in the case of taking of all the lots by eminent domain (G.S. 47F-1-107), a planned community may be terminated only by agreement of lot owners of lots to which at least eighty percent (80%) of the votes in the association are allocated, or any larger percentage the […]
§ 47F-2-120 – Master associations.
47F-2-120. Master associations. If the declaration for a planned community provides that any of the powers described in G.S. 47F-3-102 are to be exercised by or may be delegated to a profit or nonprofit corporation which exercises those or other powers on behalf of one or more other planned communities or for the benefit of […]
§ 47F-2-121 – Merger or consolidation of planned communities.
47F-2-121. Merger or consolidation of planned communities. (a) Any two or more planned communities, by agreement of the lot owners as provided in subsection (b) of this section, may be merged or consolidated into a single planned community. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant planned community […]
§ 47F-3-101 – Organization of owners' association.
47F-3-101. Organization of owners’ association. A lot owners’ association shall be incorporated no later than the date the first lot in the planned community is conveyed. The membership of the association at all times shall consist exclusively of all the lot owners or, following termination of the planned community, of all persons entitled to distributions […]
§ 47F-1-102 – Applicability.
47F-1-102. Applicability. (a) This Chapter applies to all planned communities created within this State on or after January 1, 1999, except as otherwise provided in this section. (b) This Chapter does not apply to a planned community created within this State on or after January 1, 1999: (1) Which contains no more than 20 lots […]
§ 47F-1-103 – Definitions.
47F-1-103. Definitions. In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this Chapter: (1) "Affiliate of declarant" means any person who succeeds to any special declarant rights and who controls, is controlled by, or is under common control with a declarant. A person "controls" a declarant if the […]
§ 47F-1-104 – Variation.
47F-1-104. Variation. (a) Except as specifically provided in specific sections of this Chapter, the provisions of this Chapter may not be varied by the declaration or bylaws. To the extent not inconsistent with the provisions of this Chapter, the declaration, bylaws, and articles of incorporation form the basis for the legal authority for the planned […]
§ 47F-1-105 – Taxation.
47F-1-105. Taxation. Extraterritorial common property taxed pursuant to G.S. 105-277.8 shall be assessed, pro rata, among the lot owners based on the number of lots in the association. (2012-157, s. 3.)