§ 47F-3-102 – Powers of owners' association.
47F-3-102. Powers of owners’ association. Unless the articles of incorporation or the declaration expressly provides to the contrary, the association may do all of the following: (1) Adopt and amend bylaws and rules and regulations. (2) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from lot owners. (3) […]
§ 47F-3-103 – Executive board members and officers.
47F-3-103. Executive board members and officers. (a) Except as provided in the declaration, in the bylaws, in subsection (b) of this section, or in other provisions of this Chapter, the executive board may act in all instances on behalf of the association. In the performance of their duties, officers and members of the executive board […]
§ 47F-3-104 – Transfer of special declarant rights.
47F-3-104. Transfer of special declarant rights. (a) No special declarant right (G.S. 47F-1-103(28)) defined under this Chapter may be transferred except by an instrument evidencing the transfer recorded in every county in which any portion of the planned community is located. Except for the transfer of declarant rights pursuant to subsection (c) of this section, […]
§ 47F-3-105 – Termination of contracts and leases of declarant.
47F-3-105. Termination of contracts and leases of declarant. If entered into before the executive board elected by the lot owners pursuant to G.S. 47F-3-103(e) takes office, any contract or lease affecting or related to the planned community that is not bona fide or was unconscionable to the lot owners at the time entered into under […]
§ 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-2-101 – Creation of the planned community.
47F-2-101. Creation of the planned community. A declaration creating a planned community shall be executed in the same manner as a deed and shall be recorded in every county in which any portion of the planned community is located. (1998-199, s. 1; 2012-18, s. 1.7.)
§ 47F-2-103 – Construction and validity of declaration and bylaws.
47F-2-103. Construction and validity of declaration and bylaws. (a) 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 community to act as provided in the declaration, bylaws, and articles of incorporation, and the declaration, bylaws, and […]
§ 47F-2-117 – Amendment of declaration.
47F-2-117. Amendment of declaration. (a) Except in cases of amendments that may be executed by a declarant under the terms of the declaration or by certain lot owners under G.S. 47F-2-118(b), the declaration may be amended only by affirmative vote or written agreement signed by lot owners of lots to which at least sixty-seven percent […]
§ 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 […]