State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47F > GS_47F-1-102

§ 47F‑1‑102. Applicability.

(a)        This Chapterapplies to all planned communities created within this State on or afterJanuary 1, 1999, except as otherwise provided in this section.

(b)        This Chapter doesnot apply to a planned community created within this State on or after January1, 1999:

(1)        Which contains nomore than 20 lots (including all lots which may be added or created by theexercise of development rights) unless the declaration provides or is amendedto provide that this Chapter does apply to that planned community; or

(2)        In which all lotsare restricted exclusively to nonresidential purposes, unless the declarationprovides or is amended to provide that this Chapter does apply to that plannedcommunity.

(c)        Notwithstanding theprovisions of subsection (a) of this section, G.S. 47F‑3‑102(1)through (6) and (11) through (17)(Powers of owners' association), G.S. 47F‑3‑103(f)(Executiveboard members and officers), G.S. 47F‑3‑107(a), (b), and (c)(Upkeepof planned community; responsibility and assessments for damages), G.S. 47F‑3‑107.1(Procedures for fines and suspension of planned community privileges orservices), G.S. 47F‑3‑108 (Meetings), G.S. 47F‑3‑115(Assessments for common expenses), G.S. 47F‑3‑116 (Lien forassessments), G.S. 47F‑3‑118 (Association records), and G.S. 47F‑3‑121(American and State flags and political sign displays) apply to all plannedcommunities created in this State before January 1, 1999, unless the articlesof incorporation or the declaration expressly provides to the contrary, andG.S. 47F‑3‑120 (Declaration limits on attorneys' fees) applies toall planned communities created in this State before January 1, 1999. Thesesections apply only with respect to events and circumstances occurring on orafter January 1, 1999, and do not invalidate existing provisions of thedeclaration, bylaws, or plats and plans of those planned communities. G.S. 47F‑1‑103(Definitions) also applies to all planned communities created in this Statebefore January 1, 1999, to the extent necessary in construing any of thepreceding sections.

(d)        Notwithstanding theprovisions of subsections (a) and (c) of this section, any planned communitycreated prior to January 1, 1999, may elect to make the provisions of thisChapter applicable to it by amending its declaration to provide that thisChapter shall apply to that planned community. The amendment may be made byaffirmative vote or written agreement signed by lot owners of lots to which atleast sixty‑seven percent (67%) of the votes in the association areallocated or any smaller majority the declaration specifies. To the extent theprocedures and requirements for amendment in the declaration conflict with theprovisions of this subsection, this subsection shall control with respect toany amendment to provide that this Chapter applies to that planned community.

(e)        This Chapter doesnot apply to planned communities or lots located outside this State. (1998‑199, s. 1; 2002‑112,s. 2; 2004‑109, s. 3; 2005‑214, s. 1; 2005‑422, s. 9; 2006‑226,s. 15(a).)