North Carolina § 47F-2-117 - Amendment of declaration.

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

Except in cases of amendments that may be executed by a declarant under the terms of the declaration or by certain lot owners under G.S. 47F-2-118(b), 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. The declaration may specify a smaller number only if all of the lots are restricted exclusively to nonresidential use. 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. 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. Any amendment passed pursuant to the provisions of this section or the procedures provided for in the declaration are presumed valid and enforceable. 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. History (1998-199, s. 1; 2012-18, s. 1.8; 2013-34, s. 5; 2019-177, s. 4.3.) Editor's Note. - Session Laws 2013-34, s. 7, made subsection (d) of this section, as added by Session Laws 2013-34, s. 5, effective October 1, 2013, and applicable to any amendment of a planned community declaration recorded on or after that date. Effect of Amendments. - Session Laws 2012-18, s. 1.8, effective July 1, 2012, deleted the former second sentence of subsection (c), which read: "An amendment shall be indexed in the Grantee index in the name of the planned community and the association and in the Grantor index in the name of each person executing the amendment." Session Laws 2013-34, s. 5, effective October 1, 2013, added subsection (d). For applicability, see editor's note. Session Laws 2019-177, s. 4.3, effective July 26, 2019, substituted "G.S. 47-41.01 or G.S. 47-41 .02" for "G.S. 47-41" in subsection (e).