State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47F > GS_47F-2-117

§47F‑2‑117.  Amendment of declaration.

(a)        Except in cases ofamendments that may be executed by a declarant under the terms of thedeclaration or by certain lot owners under G.S. 47F‑2‑118(b), thedeclaration may be amended only by affirmative vote or written agreement signedby lot owners of lots to which at least sixty‑seven percent (67%) of thevotes in the association are allocated, or any larger majority the declarationspecifies or by the declarant if necessary for the exercise of any developmentright. The declaration may specify a smaller number only if all of the lots arerestricted exclusively to nonresidential use.

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

(c)        Every amendment tothe declaration shall be recorded in every county in which any portion of theplanned community is located and is effective only upon recordation. Anamendment shall be indexed in the Grantee index in the name of the plannedcommunity and the association and in the Grantor index in the name of eachperson executing the amendment.

(d)        Reserved.

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