Amending Your Planned Community’s Declaration (NC)

Recently I have received a lot of questions from homeowners associations in planned communities regarding declaration amendments. Most of the questions are about procedure, member approval, and challenges to the amendment by members – basically, “are we doing this the right way?” These questions are understandable considering recent changes to the North Carolina Planned Community Act (the “Act”) and a recent opinion issued by the North Carolina Court of Appeals. While there are many things to consider when an association amends its declaration, there are two determinations that an association in a planned community must make:     Read the article………….


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