North Carolina Statutes

Chapter 47F North Carolina Planned Community Act

Article 1 - General Provisions.

  • § 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.)
  • § 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 section....
  • § 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 the...
  • § 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 bylaws....
  • § 47F-1-105   Reserved for future codification purposes
  • § 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 requirement...
  • § 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 with...
  • § 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 the...
  • § 47F-1-109   Reserved for future codification purposes

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

Article 3 - Management of Planned Community.

  • § 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 the...
  • § 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 regulations;...
  • § 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 executive...
  • § 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 transfer...
  • § 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 related...
  • § 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 of...
  • § 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 elements...
  • § 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 hearing...
  • § 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 president,...
  • § 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%) of...
  • § 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 is...
  • § 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 planned...
  • § 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 least...
  • § 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 maintain,...
  • § 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 a...
  • § 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 any...
  • § 47F-3-116   Lien for assessments
    (a) Any assessment levied against a lot remaining unpaid for a period of 30 days or longer shall constitute a lien on that lot when...
  • § 47F-3-117   Reserved for future codification purposes
  • § 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 records...
  • § 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. 47F‑3‑113...
  • § 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 or...
  • § 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 display...