NCGS 47F amendments - 2013

Last year on May 1, 2012, the NC House Select Committee on Homeowners Associations issued a report to the General Assembly that included legislative proposals that would have amended NCGS 47F - The Planned Community Act.

One of the proposals related to the use of proxies. Specifically, a new section
§ 47F-3-110A(c)(8), would be added that would limit the number of proxies an individual could represent (vote) to 15% of the association.

Does anyone know if that provision has been acted on or if there is pending legislation related to proxies?

Charles,

That was HB 1084.

Here is the link:

http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2011&BillID=hb1084&submitButton=Go

I would love to see reforms in this area. We have 78 estate lots in our community. Only 9 are unsold. According to our By-Laws the Developers receive 10 votes per unsold lot, even though the same lots only pay 10% each of the full dues each lot is assessed. (Yes, I know I agreed to this when buying here.)

The Developers could have turned over control any time after 75% of the lots are sold, or at any time they want when the majority of the "Development Period" has been met. You can purchase a lot and not build immediately, no stipulation on when you must build. There are about 53-54 homes built, but several horse owners have multiple lots that only 1 home is built on.

The Developers admit to only exercising these votes once, when they wanted to make sure 2 of them were re-elected to our Board after having been off for a two year period. Since then, participation has dropped dramatically as everyone recognizes they really don't have a say-the Developers can exercise these votes at any time and they will win.

At what point does the Developers' interest become subordinate to the interests of all others? I think this is a good question that maybe the legislature could provide assistance on by setting 'reasonable' limitations?