North Carolina § 47F-1-102 - Applicability.

§ 47F-1-102. Applicability.

This Chapter applies to all planned communities created within this State on or after January 1, 1999, except as otherwise provided in this section. This Chapter does not apply to a planned community created within this State on or after January 1, 1999: Which contains no more than 20 lots (including all lots which may be added or created by the exercise of development rights) unless the declaration provides or is amended to provide that this Chapter does apply to that planned community; or In which all lots are restricted exclusively to nonresidential purposes, unless the declaration provides or is amended to provide that this Chapter does apply to that planned community. Notwithstanding the provisions of subsection (a) of this section, G.S. 47F-1-104 (Variation), G.S. 47F-2-103 (Construction and validity of declaration and bylaws), G.S. 47F-2-117 (Amendment of declaration), G.S. 47F-3-102(1) through (6) and (11) through (17)(Powers of owners' association), G.S. 47F-3-103(f)(Executive board members and officers), G.S. 47F-3-107(a), (b), and (c)(Upkeep of planned community; responsibility and assessments for damages), G.S. 47F-3-107.1 (Procedures for fines and suspension of planned community privileges or services), G.S. 47F-3-108 (Meetings), G.S. 47F-3-115 (Assessments for common expenses), G.S. 47F-3-116 (Lien for assessments), G.S. 47F-3-118 (Association records), and G.S. 47F-3-121 (American and State flags and political sign displays), and G.S. 47F-3-104 (Transfer of Special Declarant Rights) apply to all planned communities created in this State before January 1, 1999, unless the articles of incorporation or the declaration expressly provides to the contrary, and G.S. 47F-3-120 (Declaration limits on attorneys' fees) applies to all planned communities created in this State before January 1, 1999. These sections apply only with respect to events and circumstances occurring on or after January 1, 1999, and do not invalidate existing provisions of the declaration, bylaws, or plats and plans of those planned communities. G.S. 47F-1-103 (Definitions) also applies to all planned communities created in this State before January 1, 1999, to the extent necessary in construing any of the preceding sections. Notwithstanding the provisions of subsections (a) and (c) of this section, any planned community created prior to January 1, 1999, may elect to make the provisions of this Chapter applicable to it by amending its declaration to provide that this Chapter shall apply to that planned community. The amendment may be made 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 smaller majority the declaration specifies. To the extent the procedures and requirements for amendment in the declaration conflict with the provisions of this subsection, this subsection shall control with respect to any amendment to provide that this Chapter applies to that planned community. This Chapter does not apply to planned communities or lots located outside this State. History (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); 2013-34, s. 6; 2014-57, s. 1.) NORTH CAROLINA COMMENT The Act is effective January 1, 1999 and applies in its entirety to all planned communities created on or after that date except as provided in subsection (b). G.S. 47F-3-102 (1) through (6) and (11) through (17), G.S. 47F-3-107(a) , (b) and (c), G.S. 47F-3-115 and G.S. 47F-3-116 also apply to planned communities created prior to January 1, 1999. Subsection (d) provides the process through which planned communities created prior to January 1, 1999 can make all provisions of the Act applicable to them. Editor's Note. - Session Laws 1998-199, s. 3, provided: "This act [Session Laws 1998-199, which in s. 1 enacted Chapter 47F ] becomes effective January 1, 1999, and applies to planned communities created on or after that date. G.S. 47F-3-102(1) through (6) and (11) through (17), G.S. 47F-3-107(a) , (b), and (c), G.S. 47F-3-115 , and G.S. 47F-3-116 as enacted by Section 1 of this act apply to planned communities created prior to the effective date, except that the provisions of G.S. 47F-3-116 (e) as enacted by Section 1 of this act, apply to actions arising on or after the effective date." Session Laws 2002-112, s. 3, amended Session Laws 1998-199, s. 3, to read as follows: "This act becomes effective January 1, 1999." Session Laws 2014-57, s. 4, provides, in part: "Nothing in this act shall be construed as being applicable to or affecting any pending litigation, except that the last sentence of G.S. 47F-3-104(c) shall be applicable to any mortgage, deed of trust, tax lien, or other conveyance providing for foreclosure recorded on or after January 1, 1999." Effect of Amendments. - Session Laws 2004-109, s. 3, effective July 17, 2004, inserted "unless the articles of incorporation or the declaration expressly provides to the contrary" at the end of the first sentence of subsection (c). Session Laws 2005-422, s. 9, effective January 1, 2006, and applicable to violations occurring and proceedings commenced on or after that date and to fiscal years beginning on or after that date, in subsection (c), inserted references to G.S. 47F-3-107 .1, 47F-3-108, 47F-3-118, and 47C-3-121. Session Laws 2006-226, s. 15(a), effective August 10, 2006, substituted "G.S. 47F-3-121" for "G.S. 47C-3-121" in the first sentence of subsection (c). Session Laws 2013-34, s. 6, effective April 24, 2013, inserted "G.S. 47F-1-104 (Variation), G.S. 47F-2-103 (Construction and validity of declaration and bylaws), G.S. 47F-2-117 (Amendment of declaration)" in the first sentence of subsection (c). Session Laws 2014-57, s. 1, effective July 7, 2014, added "and G.S. 47F-3-104 (Transfer of Special Declarant Rights)" following "political sign displays)" near the middle of subsection (c).