![]() ![]() How are Special Meetings of the Members called? These two statutes apply retroactively to older associations.Ħ. Is an Annual Meeting of Members required?īoth the NC Planned Community Act (NCGS § 47F-3-108(a)) and the NC Condominium Act (NCGS § 47C-3-108(a)) require that a meeting of the association be held at least once each year. On the state level, what are the annual reporting requirements of a Common Interest Community, if any, and to whom?įor incorporated community associations, there are certain annual reports required by the Secretary of State’s office as with other nonprofit corporations.ĥ. Various state agencies, including the Attorney General’s office, occasionally become involved in certain community association issues.Ĥ. There is no agency that specifically regulates or oversees the affairs of community associations. Is there a state agency which has authority to regulate and oversee the affairs of Common Interest Communities? What is the scope of its power and authority? However, any condominium or older planned community may incorporate as a nonprofit and most do.ģ. (NCGS § 47F-3-101) There is no comparable condominium statute. Planned communities created on or after January 1, 1999, and governed by the NC Planned Community Act must incorporate no later than the date the first lot is conveyed. Are Common Interest Communities required to incorporate? Can they be incorporated? Advantages/Disadvantages? Finally, the NC Nonprofit Act (Chapter 55A) may apply to any incorporated community association (as most are) and the issue is not specifically addressed in the Condominium or Planned Community Acts.Ģ. Approximately one-third of both chapters are retroactive and apply to associations created before the operative dates of the statutes. The NC Planned Community Act (Chapter 47F) applies to most planned communities (HOA’s) created on or after January 1, 1999. The NC Condominium Act (Chapter 47C) applies to condominiums created on or after October 1, 1986. North Carolina has several layers of community association laws. What state statutes apply to Common Interest Communities in your state? Jim Slaughter is a member of the College of Community Association Lawyers and currently serves on the national CCAL Board of Governors.Īnswers current as of fall 2017. ![]() Return FAQ's About NC Homeowner & Condominium Associations - Part Iīy Jim Slaughter Based on "State Laws Affecting Common Interest Communities Frequently Asked Questions ("FAQs") Project" for the College of Community Association Lawyers. ![]()
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