Can a H.O.A. board make changes on the docs without a membership vote?
OR DOES IT NEED TO BE APPROVED BY THE RESIDENTS IN OUR CASE 67.5 %
It depends on the document being amended. As per the North Carolina Planned Community Act Section 47F-2-117, “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.”
If the board is amending documents other than the declaration, it can usually do so without a membership vote. However, you should still check your governing documents. Some associations’ governing documents require a vote from the membership even for amendments to bylaws, etc.
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