§ 47F-1-102. Applicability.

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(a)This Chapter applies to all planned communities created within this State on or after January 1, 1999, except as otherwise provided in this section.

(b)This Chapter does not apply to a planned community created within this State on or after January 1, 1999, that satisfies either of the following:

(1)The planned community contains no more than 20 lots (including all lots that may be added or created by the exercise of development rights) unless the declaration provides or is amended to provide that this Chapter does apply to that planned community.

(2)All the planned community's lots are restricted exclusively to nonresidential purposes, unless the declaration provides or is amended to provide that this Chapter does apply to that planned community.

(c)Notwithstanding subsection

(a)of this section, G.S. 47F-1-104 (Variation), G.S. 47F-2-103 (Construction and validity of declaration and bylaws), G.S. 47F-2-117 (Amendment of declaration), G.S. 47F-3-102(1) through

(6)and

(11)through

(17)(Powers of owners' association), G.S. 47F-3-103(f) (Executive board members and officers), G.S. 47F-3-104 (Transfer of special declarant rights), G.S. 47F-3-107(a), (b), and

(c)(Upkeep of planned community; responsibility and assessments for damages), G.S. 47F-3-107.1 (Procedures for fines and suspension of planned community privileges or services), G.S. 47F-3-108 (Meetings), G.S. 47F-3-115 (Assessments for common expenses), G.S. 47F-3-116 (Lien for sums due the association; enforcement), G.S. 47F-3-118 (Association records), and G.S. 47F-3-121 (American and State flags and political sign displays) apply to all planned communities created in this State before January 1, 1999, unless the articles of incorporation or the declaration expressly provides to the contrary, and G.S. 47F-3-120 (Declaration limits on attorneys' fees) applies to all planned communities created in this State before January 1, 1999. These sections apply only with respect to events and circumstances occurring on or after January 1, 1999, and do not invalidate existing provisions of the declaration, bylaws, or plats and plans of those planned communities. G.S. 47F-1-103 (Definitions) also applies to all planned communities created in this State before January 1, 1999, to the extent necessary in construing any of the preceding sections.

(d)Notwithstanding subsections

(a)and

(c)of this section, any planned community created prior to January 1, 1999, may elect to make this Chapter applicable to it by amending its declaration to provide that this Chapter applies to that planned community. The amendment may be made by affirmative vote or written agreement signed by lot owners of lots to which at least sixty-seven percent (67%) of the votes in the association are allocated or any smaller majority the declaration specifies. To the extent the procedures and requirements for amendment in the declaration conflict with this subsection, this subsection controls with respect to any amendment to provide that this Chapter applies to that planned community.

(e)This Chapter does not apply to planned communities or lots located outside this State. (1998-199, s. 1; 2002-112, s. 2; 2004-109, s. 3; 2005-214, s. 1; 2005-422, s. 9; 2006-226, s. 15(a); 2013-34, s. 6; 2014-57, s. 1; 2022-62, s. 56.)