§ 47C-3-110. Voting; proxies.

465 words·~2 min read·/nc/chapter-47c/47c-3-110

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)If only one of the multiple owners of a unit is present at a meeting of the association, he is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners, unless the declaration or bylaws expressly provides otherwise. Majority agreement is conclusively presumed if any one of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.

(b)Votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section except by written notice of revocation delivered to the person presiding over a meeting of the association. A proxy is void if it is not dated. A proxy terminates one year after its date, unless it specifies a shorter term.

(c)If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units:

(i)the provisions of subsection

(a)and

(b)apply to lessees as if they were unit owners;

(ii)unit owners who have leased their units to other persons may not cast votes on those specified matters; and

(iii)lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners. Unit owners must also be given notice, in the manner provided in G.S. 47C-3-108, of all meetings at which lessees may be entitled to vote.

(d)No votes allocated to a unit owned by the association may be cast.

(e)The declaration may provide that on specified issues only a defined subgroup of unit owners may vote provided:

(1)The issue being voted on is of special interest solely to members of the subgroup; and

(2)All except de minimis costs that will be incurred based on the vote taken will be assessed solely against those unit owners entitled to vote.

(f)For purposes of subdivision (e)(1) above an issue to be voted on is not of special interest solely to a subgroup if it substantially affects the overall appearance of the condominium or substantially affects living conditions of unit owners not included in the voting subgroup. (1985 (Reg. Sess., 1986), c. 877, s. 1.)