North Carolina General Statutes Chapter 47F North Carolina Planned Community Act

Article 1 - General Provisions.

N.C. Gen. Stat. § 47F-1-101. Short title
This Chapter shall be known and may be cited as the North Carolina Planned Community Act. (1998-199, s. 1.)
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 47F-1-103. Definitions
In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this Chapter: (1) Reserved. (2) "Allocated interests" means...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 47F-1-106. 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...
N.C. Gen. Stat. § 47F-1-107. 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...
N.C. Gen. Stat. § 47F-1-108. 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...
N.C. Gen. Stat. § 47F-1-109. Reserved for future codification purposes

Article 2 - Creation, Alteration, and Termination of Planned Communities.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 47F-2-102. Reserved for future codification purposes
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 47F-2-104 through 47F-2-116. Reserved for future codification purposes
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 47F-2-119. Reserved for future codification purposes
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 47F-3-116.1. Validation of certain nonjudicial foreclosure proceedings and sales
All nonjudicial foreclosure proceedings commenced by an association before October 1, 2013, and all sales and transfers of real property as part of those...

Article 3 - Management of Planned Community.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 47F-3-102. Powers of owners' association
Unless the articles of incorporation or the declaration expressly provides to the contrary, the association may: (1) Adopt and amend bylaws and rules and...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 47F-3-104. Transfer of special declarant rights
Except for transfer of declarant rights pursuant to foreclosure, no special declarant right (G.S. 47F-1-103(28)) may be transferred except by an instrument evidencing the...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 47F-3-107.1. 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...
N.C. Gen. Stat. § 47F-3-108. 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...
N.C. Gen. Stat. § 47F-3-109. 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%)...
N.C. Gen. Stat. § 47F-3-110. 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...
N.C. Gen. Stat. § 47F-3-111. Tort and contract liability
(a) Neither the association nor any lot owner except the declarant is liable for that declarant's torts in connection with any part of the...
N.C. Gen. Stat. § 47F-3-112. Conveyance or encumbrance of common elements
(a) Portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at...
N.C. Gen. Stat. § 47F-3-113. Insurance
(a) Commencing not later than the time of the first conveyance of a lot to a person other than a declarant, the association shall...
N.C. Gen. Stat. § 47F-3-114. Surplus funds
Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses, the funding of...
N.C. Gen. Stat. § 47F-3-115. Assessments for common expenses
(a) Except as otherwise provided in the declaration, until the association makes a common expense assessment, the declarant shall pay all common expenses. After...
N.C. Gen. Stat. § 47F-3-116. Lien for sums due the association; enforcement
(a) Any assessment attributable to a lot which remains unpaid for a period of 30 days or longer shall constitute a lien on that...
N.C. Gen. Stat. § 47F-3-117. Reserved for future codification purposes
N.C. Gen. Stat. § 47F-3-118. Association records
(a) The association shall keep financial records sufficiently detailed to enable the association to comply with this Chapter. All financial and other records, including...
N.C. Gen. Stat. § 47F-3-119. Association as trustee
With respect to a third person dealing with the association in the association's capacity as a trustee under G.S. 47F-2-118 following termination or G.S....
N.C. Gen. Stat. § 47F-3-120. Declaration limits on attorneys' fees
Except as provided in G.S. 47F-3-116, in an action to enforce provisions of the articles of incorporation, the declaration, bylaws, or duly adopted rules...
N.C. Gen. Stat. § 47F-3-121. American and State flags and political sign displays
Notwithstanding any provision in any declaration of covenants, no restriction on the use of land shall be construed to: (1) Regulate or prohibit the...
N.C. Gen. Stat. § 47F-3-122. Irrigation of landscaping
Notwithstanding any provision in any declaration of covenants, no requirement to irrigate landscaping shall be construed to: (1) Require the irrigation of landscaping, during...

Last modified: March 23, 2014