North Carolina General Statutes 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:
(1) Adopt and amend bylaws and rules and regulations.
Terms Used In North Carolina General Statutes 47F-3-102
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- month: shall be construed to mean a calendar month, unless otherwise expressed; and the word "year" a calendar year, unless otherwise expressed; and the word "year" alone shall be equivalent to the expression "year of our Lord. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from lot owners.
(3) Hire and discharge managing agents and other employees, agents, and independent contractors.
(4) Institute, defend, or intervene in litigation or administrative proceedings on matters affecting the planned community.
(5) Make contracts and incur liabilities.
(6) Regulate the use, maintenance, repair, replacement, and modification of common elements.
(7) Cause additional improvements to be made as a part of the common elements.
(8) 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 N.C. Gen. Stat. § 47F-3-112.
(9) Grant easements, leases, licenses, and concessions through or over the common elements.
(10) 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.
(11) 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.
(12) 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.
(13) Impose reasonable charges in connection with the preparation and recordation of documents, including, without limitation, amendments to the declaration.
(13a) 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.
(14) Provide for the indemnification of and maintain liability insurance for its officers, executive board, directors, employees, and agents.
(15) Assign its right to future income, including the right to receive common expense assessments.
(16) Exercise all other powers that may be exercised in this State by legal entities of the same type as the association.
(17) Exercise any other powers necessary and proper for the governance and operation of the association. (1998-199, s. 1; 2004-109, s. 4; 2005-422, s. 1; 2020-90, s. 4(c).)