North Carolina § 47F-3-102 - Powers of owners' association.

§ 47F-3-102. Powers of owners' association.

Unless the articles of incorporation or the declaration expressly provides to the contrary, the association may do all of the following: Adopt and amend bylaws and rules and regulations. Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from lot owners. Hire and discharge managing agents and other employees, agents, and independent contractors. Institute, defend, or intervene in litigation or administrative proceedings on matters affecting the planned community. Make contracts and incur liabilities. Regulate the use, maintenance, repair, replacement, and modification of common elements. Cause additional improvements to be made as a part of the common elements. Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, provided that common elements may be conveyed or subjected to a security interest only pursuant to G.S. 47F-3-112. Grant easements, leases, licenses, and concessions through or over the common elements. Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements other than the limited common elements and for services provided to lot owners. Impose reasonable charges for late payment of assessments, not to exceed the greater of twenty dollars ($20.00) per month or ten percent (10%) of any assessment installment unpaid and, after notice and an opportunity to be heard, suspend privileges or services provided by the association (except rights of access to lots) during any period that assessments or other amounts due and owing to the association remain unpaid for a period of 30 days or longer. After notice and an opportunity to be heard, impose reasonable fines or suspend privileges or services provided by the association (except rights of access to lots) for reasonable periods for violations of the declaration, bylaws, and rules and regulations of the association. Impose reasonable charges in connection with the preparation and recordation of documents, including, without limitation, amendments to the declaration. Impose reasonable charges in connection with the preparation of statements of unpaid assessments, which must be furnished within 10 business days after receipt of the request, in an amount not to exceed two hundred dollars ($200.00) per statement or request, and an additional expedite fee in an amount not to exceed one hundred dollars ($100.00) if the request is made within 48 hours of closing, all of which charges may be collected by the association, its managers, or its agents. Provide for the indemnification of and maintain liability insurance for its officers, executive board, directors, employees, and agents. Assign its right to future income, including the right to receive common expense assessments. Exercise all other powers that may be exercised in this State by legal entities of the same type as the association. Exercise any other powers necessary and proper for the governance and operation of the association. History (1998-199, s. 1; 2004-109, s. 4; 2005-422, s. 1; 2020-90, s. 4(c).) NORTH CAROLINA COMMENT No specific dollar limitations have been placed on the association's right to impose reasonable late payment charges under subdivision (11). This is intended to afford the association the maximum reasonable latitude in this area. Limitations on the amount of fines levied under subdivision (12) are set forth in G.S. 47F-3-107.1. None of the powers granted to the association in this section are subject to any limitations set forth in Chapter 24 of the General Statutes. In subdivision (15), the association is granted the power to assign its right to future income, including assessments regardless of whether or not its declaration expressly allows such assignments. This differs from the North Carolina Condominium Act and is intended to facilitate the acquisition of financing by the association, which is believed to be the primary goal of the provision. Subdivisions (11) and (12) allow the association to suspend privileges and services under certain circumstances after notice and hearing in addition to other remedies provided for nonpayment of violations. Subdivisions (1) through (6) and (11) through (17) apply to planned communities formed prior to January 1, 1999. Effect of Amendments. - Session Laws 2004-109, s. 2, effective July 17, 2004, rewrote the introductory paragraph. Session Laws 2005-422, s. 1, 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, inserted "not to exceed the greater of twenty dollars ($20.00) per month or ten percent (10%) of any assessment installment unpaid" in subdivision (11). Session Laws 2020-90, s. 4(c), effective July 2, 2020, added "do all of the following" in the introductory language; deleted "or statements of unpaid assessments" following "declaration" in subdivision (13); added subdivision (13a); and made minor stylistic changes. Legal Periodicals. - For article, "Wise v. Harrington Grove Community Association, Inc.: A Pickwickian Critique," see 27 Campbell L. Rev. 139 (2005). For article, "Searching for the Right Approach: Regulating Short-Term Rentals in North Carolina," see 96 N.C.L. Rev. 1821 (2018).