Question:
I own a short-term rental in North Carolina. I purchased the property in June and started renting the property out in July. An attorney recently contacted me on behalf of the POA. Stating that I violated their bylaws. The POA did sign an amendment and filed it with the country clerk. They are the only signature on the amendment. I was under the impression it would require 67% of the homeowner’s signature to be on the amendment for such a law to pass. Can you clarify if I understand this correctly? Thank you!
– Corey
Answer:
According to North Carolina law, “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.”
To know whether or not the amendment was truly passed by 67% of the lot owners, check the minutes of the meeting where the vote took place. The minutes should record the outcome of the vote. Your HOA board may also be able to supply you with a written agreement signed by the lot owners. That being said, the amendment recorded with the county clerk does not necessarily need to bear the signatures of all the lot owners who voted to pass it.
This same section goes on to stipulate the requirements for recording the amendment as follows:
“(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.
(d) Any amendment passed pursuant to the provisions of this section or the procedures provided for in the declaration are presumed valid and enforceable.
(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. 47-41.01 or G.S. 47-41.02.”
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
