Court Opinions

State Laws

US Code

US Constitution

North Carolina General Statutes § 47F-2-117 Amendment of declaration

Legal Research Home > North Carolina Lawyer

(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 (67%) of the votes in the association are allocated, or any larger majority the declaration specifies or by the declarant if necessary for the exercise of any development right. The declaration may specify a smaller number only if all of the lots are restricted exclusively to nonresidential use.

(b) No action to challenge the validity of an amendment adopted pursuant to this section may be brought more than one year after the amendment is recorded.

(c) Every amendment to the declaration shall be recorded in every county in which any portion of the planned community is located and is effective only upon recordation. An amendment shall be indexed in the Grantee index in the name of the planned community and the association and in the Grantor index in the name of each person executing the amendment.

(d) Reserved.

(e) Amendments to the declaration required by this Chapter to be recorded by the association shall be prepared, executed, recorded, and certified in accordance with G.S. 47‑41. (1998‑199, s. 1.)

Sections:  Previous  47F-1-103  47F-1-104  47F-1-106  47F-1-107  47F-1-108  47F-2-101  47F-2-103  47F-2-117  47F-2-118  47F-2-120  47F-2-121  47F-3-101  47F-3-102  47F-3-103  47F-3-104  Next

Last modified: February 21, 2012