Changing Bylaws

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  • #372957
    t10461
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    Can anyone tell me if the state of North Carolina must approve or must have input as to the changing of a bylaw in an HOA within that state? I’m hearing conflicting information.

    TIA!!!

    #372990
    Dell
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    t10461,

    I have been reading HOA/COA laws nationwide for many years, including those sections pertaining to amendments of governing documents such as bylaws.

    The only “input” from the state of which I can think is rather passive. For example, the North Carolina Planned Community Act Chapter 47F (a statute) requires the bylaws to provide:

    (1) The number of members of the executive board and the titles of the officers of the association;
    (2) Election by the executive board of officers of the association;
    (3) The qualifications, powers and duties, terms of office, and manner of electing and removing executive board members and officers and filling vacancies;
    (4) Which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agent;
    (5) Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and
    (6) The method of amending the bylaws.

    If you describe the specific change being sought, I might have more to say. Also please indicate (1) which HOA/COA statute applies to your HOA and (2) whether your HOA is a corporation.

    #372999
    hoaprez3
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    I think it depends on your bylaws. Our bylaws say that amending them needs a vote from the board but not the members.

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