A BILL TO BE ENTITLED AN ACT CLARIFYING THE LAWS REGARDING THE POWERS AND DUTIES OF A PLANNED COMMUNITY AND AMENDING THE PROCEDURES REGARDING AMENDMENT OF A RECORDED DECLARATION.
Amends GS 47F-1-104 (Variation) and GS 47F-2-103 (Construction and validity of declaration and bylaws), establishing that, to the point not inconsistent with the chapter, the declaration, bylaws, and articles of incorporations of a planned community form the basis for its legal authority to act as provided and are enforceable according to their terms.
Amends GS 47F-2-117 (Amendment of Declaration), providing that amendments passed pursuant to the provisions of the section, or the procedures provided for in the declaration, are presumed valid and enforceable. Effective October 1, 2013, applying to any amendment of a planned community declaration recorded on or after that date.
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