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LisaW26 (North Carolina)
Posts: 1
Posted:
Has anyone had experience with a challenge to voting thresholds under North Carolina's Planned Community Act?
SheliaH (Indiana)
Posts: 6,964
Posted:
That's a question that may be best addressed by a private attorney - most of us aren't lawyers. Start with checking your documents to see if the statute even applies to your community and then have the attorney check that against current law. Many HOA documents require a supermajority of 75% or more to amend the documents (this state law says 67%, I think).

Also, look at what your documents says about the percentage required to amend them. Homeowners may be able to vote to reduce the percentage listed. In this case, 67% is still a big percentage, but depending on the size of your community, it may be easier to achieve that than 75%. That said, you have to amend the documents first before you can use the lower percentage, meaning you'll have to pound the pavement to encourage your neighbors to vote for it.

Here are links to two articles that might help you understand the statute:

https://www.fsresidential.com/north-carolina/news-events/articles/north-carolina-planned-community-act/

https://blog.lawfirmcarolinas.com/voting-by-written-ballot-and-written-agreement-in-north-carolina/

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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