Question:
Does the H.O.A. have the rights to adapt or change the bylaws in a community without a membership vote #2- can they do this with a special meeting which requires only 5 members all from the board only (NO RESIDENTS INPUT)
– Tom
Answer:
If you wish to amend the HOA’s declaration, N.C. Gen. Stat. § 47F-2-117 requires an “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.”
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