N.C. Gen. Stat. § 47F-1-101
Short title
Short title. This Chapter shall be known and may be cited as the North Carolina Planned Community Act. (1998-199, s. 1.)
North Carolina General Statutes Chapter 47F — Chapter 47F.
North Carolina · statute · N.C. Gen. Stat. ch. 47F · 37 active provisions
N.C. Gen. Stat. § 47F-1-102
Applicability
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, that satisfies either of the following: (1…
N.C. Gen. Stat. § 47F-1-103
Definitions
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…
N.C. Gen. Stat. § 47F-1-104
Variation
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 auth…
N.C. Gen. Stat. § 47F-1-105
Taxation
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.)
N.C. Gen. Stat. § 47F-1-106
Applicability of local ordinances, regulations, and building codes
Applicability of local ordinances, regulations, and building codes. A zoning, subdivision, or building code or other real estate use law, ordinance, or regulation may not prohibit a planned community or impose any requirement upon a planned community which it would not impose upon a substantially similar development un…
N.C. Gen. Stat. § 47F-1-107
Eminent domain
Eminent domain. (a) If a lot is acquired by eminent domain, or if part of a lot is acquired by eminent domain leaving the lot owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award shall compensate the lot owner for his lot and its interest in the comm…
N.C. Gen. Stat. § 47F-1-108
Supplemental general principles of law applicable
Supplemental general principles of law applicable. The principles of law and equity as well as other North Carolina statutes (including the provisions of the North Carolina Nonprofit Corporation Act) supplement the provisions of this Chapter, except to the extent inconsistent with this Chapter. When these principles or…
N.C. Gen. Stat. § 47F-2-101
Creation of the planned community
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.)
N.C. Gen. Stat. § 47F-2-103
Construction and validity of declaration and bylaws
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 incorporatio…
N.C. Gen. Stat. § 47F-2-117
Amendment of declaration
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 per…
N.C. Gen. Stat. § 47F-2-118
Termination of planned community
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 declarat…
N.C. Gen. Stat. § 47F-2-120
Master associations
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 the l…
N.C. Gen. Stat. § 47F-2-121
Merger or consolidation of planned communities
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 re…
N.C. Gen. Stat. § 47F-3-101
Organization of owners' association
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 person…
N.C. Gen. Stat. § 47F-3-102
Powers of owners' association
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 c…
N.C. Gen. Stat. § 47F-3-103
Executive board members and officers
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…
N.C. Gen. Stat. § 47F-3-104
Transfer of special declarant rights
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…
N.C. Gen. Stat. § 47F-3-105
Termination of contracts and leases of declarant
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 un…
N.C. Gen. Stat. § 47F-3-106
Bylaws
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 remo…
N.C. Gen. Stat. § 47F-3-107
Upkeep of planned community; responsibility and assessments for damages
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…
N.C. Gen. Stat. § 47F-3-107.1
Procedures for fines and suspension of planned community privileges or services
Procedures for fines and suspension of planned community privileges or services. Unless a specific procedure for the imposition of fines or suspension of planned community privileges or services is provided for in the declaration, a hearing shall be held before the executive board or an adjudicatory panel appointed by…
N.C. Gen. Stat. § 47F-3-108
Meetings
Meetings. (a) A meeting of the association shall be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board, or by lot owners having ten percent (10%), or any lower percentage specified in the bylaws, of the votes in the association. Not less t…
N.C. Gen. Stat. § 47F-3-109
Quorums
Quorums. (a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast ten percent (10%) of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting. (b) Unless the bylaws specif…
N.C. Gen. Stat. § 47F-3-110
Voting; proxies
Voting; proxies. (a) If only one of the multiple owners of a lot is present at a meeting of the association, the owner who is present is entitled to cast all the votes allocated to that lot. If more than one of the multiple owners are present, the votes allocated to that lot may be cast only in accordance with the agre…
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