{
 "rows": [
  {
   "section": "N.C.G.S. 47F-1-104",
   "key": "47F-1-104",
   "anchor": "s-47F-1-104",
   "title": "Variation",
   "what_it_does": "the Act \"may not be varied by the declaration or bylaws\" except as the Act allows; \"may not be varied by agreement\"",
   "in_draft": "Left out",
   "rescore_note": "",
   "summary": "",
   "detail": "nothing comparable; Article One instead says the Act \"shall not apply to APPOA except as expressly incorporated herein by reference\" (p. 8)",
   "markup": "Article One inserted, marked",
   "protects": "Owners",
   "protects_note": "",
   "mainly_owners": true,
   "v2_7": "No",
   "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-1-104.html"
  },
  {
   "section": "N.C.G.S. 47F-2-103",
   "key": "47F-2-103",
   "anchor": "s-47F-2-103",
   "title": "Construction and validity of declaration and bylaws",
   "what_it_does": "documents form the basis of authority and are enforceable; \"All provisions of the declaration and bylaws are severable\"; rule against perpetuities; declaration prevails over bylaws; title not unmarketable for insubstantial noncompliance",
   "in_draft": "Partly",
   "rescore_note": "",
   "summary": "Partly: the draft has its own priority clause (Declaration over Bylaws) and a severability clause; the rest is not stated.",
   "detail": "\"This Master Declaration shall take precedence over conflicting provisions in the Articles of Incorporation or the Bylaws of APPOA\" (p. 44, Art. Thirteen Sec. 3); \"if the application of any provision ... shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision\" (p. 46, Sec. 9)",
   "markup": "unmarked (from 2013 Art. Eleven Secs. 3, 9)",
   "protects": "Both",
   "protects_note": "",
   "mainly_owners": false,
   "v2_7": "No",
   "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-2-103.html"
  },
  {
   "section": "N.C.G.S. 47F-2-117",
   "key": "47F-2-117",
   "anchor": "s-47F-2-117",
   "title": "Amendment of declaration",
   "what_it_does": "amendment only by owners of lots holding 67% of allocated votes (or more), except declarant amendments; 1-year limit on challenges; recording",
   "in_draft": "Left out",
   "rescore_note": "",
   "summary": "",
   "detail": "\"APPOA reserves the right to modify or amend this Master Declaration at any time without prior notice and without the consent of any person or entity\" (p. 45); the 2013 member majority-amendment sentence is struck (pp. 44 to 45)",
   "markup": "Sec. 5 largely unmarked; Sec. 4 deletion marked",
   "protects": "Owners",
   "protects_note": "",
   "mainly_owners": true,
   "v2_7": "No",
   "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-2-117.html"
  },
  {
   "section": "N.C.G.S. 47F-3-102 (1) to (6) and (11) to (17)",
   "key": "47F-3-102",
   "anchor": "s-47F-3-102",
   "title": "Powers of owners' association",
   "what_it_does": "rules, budgets and assessments, staff, litigation, contracts, use of common elements; late charges capped and suspensions \"after notice and an opportunity to be heard\"; \"After notice and an opportunity to be heard, impose reasonable fines\"; document charges; statement fee cap; insurance; assigning income; general powers",
   "in_draft": "Partly",
   "rescore_note": "",
   "summary": "Partly: the powers to make rules, assess, sue, fine, and suspend are in; the conditions in 3-102(11) and (12) (notice and an opportunity to be heard, reasonable fines, the late-charge cap, the 30-day rule for suspensions) are not.",
   "detail": "\"the right to suspend Membership, levy a fine and/or bring legal action\" (p. 45); \"The Board of Directors is specifically granted the power to pass policies and procedures\" (p. 44); suspension \"for any period during which any assessment or dues remain unpaid\" (p. 14); no notice, hearing, \"reasonable\", or late-charge cap anywhere",
   "markup": "mixed",
   "protects": "Association",
   "protects_note": "but (11) and (12) carry owner conditions the draft omits",
   "mainly_owners": false,
   "v2_7": "Yes, in substance",
   "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-3-102.html"
  },
  {
   "section": "N.C.G.S. 47F-3-103(f)",
   "key": "47F-3-103",
   "anchor": "s-47F-3-103",
   "title": "Executive board members and officers",
   "what_it_does": "\"publish the names and addresses of all officers and board members ... within 30 days of their election\"",
   "in_draft": "Left out",
   "rescore_note": "",
   "summary": "",
   "detail": "nothing",
   "markup": "none",
   "protects": "Owners",
   "protects_note": "",
   "mainly_owners": true,
   "v2_7": "No",
   "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-3-103.html"
  },
  {
   "section": "N.C.G.S. 47F-3-104",
   "key": "47F-3-104",
   "anchor": "s-47F-3-104",
   "title": "Transfer of special declarant rights",
   "what_it_does": "special declarant rights move only \"by an instrument evidencing the transfer recorded ... not effective unless executed by the transferee\"; transferor liability; foreclosure succession",
   "in_draft": "Left out",
   "rescore_note": "",
   "summary": "",
   "detail": "names \"Albemarle Preserve, LLC ... (the 'Declarant')\" (p. 6, inserted) but keeps Recital A: \"By virtue of a Deed to Declarant dated June 30, 2009, and recorded in Book 363, Page 504 ... Declarant is the successor developer and Declarant\" (p. 6, unmarked; in 2013 that recital referred to Albemarle Plantation Holdings, LLC)",
   "markup": "name inserted, marked",
   "protects": "Owners",
   "protects_note": "(also lenders and successor developers)",
   "mainly_owners": true,
   "v2_7": "No",
   "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-3-104.html"
  },
  {
   "section": "N.C.G.S. 47F-3-107(a) to (c)",
   "key": "47F-3-107",
   "anchor": "s-47F-3-107",
   "title": "Upkeep of planned community; responsibility and assessments for damages",
   "what_it_does": "association maintains common elements, owners maintain lots; owner-caused damage; association liable for damage its agents cause to a lot",
   "in_draft": "Partly",
   "rescore_note": "Same as version 2.7.",
   "summary": "",
   "detail": "\"APPOA shall maintain and keep in good repair the Common Areas and Amenities\" and \"Maintenance and repair of Lots and Dwellings ... shall be the responsibility of the Owner\" (p. 30); no 3-107(c) duty",
   "markup": "mostly unmarked",
   "protects": "Both",
   "protects_note": "",
   "mainly_owners": false,
   "v2_7": "Partly",
   "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-3-107.html"
  },
  {
   "section": "N.C.G.S. 47F-3-107.1",
   "key": "47F-3-107.1",
   "anchor": "s-47F-3-107.1",
   "title": "Procedures for fines and suspension of planned community privileges or services",
   "what_it_does": "hearing before the board or a panel of non-officer members; notice, opportunity to be heard and present evidence, notice of decision; $100 cap; appeal within 15 days",
   "in_draft": "Left out",
   "rescore_note": "",
   "summary": "",
   "detail": "the word \"hearing\" appears in no layer of the draft; the only appeal right is for architectural decisions (pp. 36 to 37)",
   "markup": "none",
   "protects": "Owners",
   "protects_note": "",
   "mainly_owners": true,
   "v2_7": "No",
   "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-3-107.1.html"
  },
  {
   "section": "N.C.G.S. 47F-3-108",
   "key": "47F-3-108",
   "anchor": "s-47F-3-108",
   "title": "Meetings",
   "what_it_does": "meeting frequency, special meetings at 10%, 10 to 60 days' notice with agenda, notice by mail or email; owners may speak at Board meetings; Robert's Rules",
   "in_draft": "Partly",
   "rescore_note": "Same as version 2.7.",
   "summary": "",
   "detail": "\"Notices to Members and the Declarant may be sent in any manner as permitted under N.C.G.S. 47F-3-108(a)\" (p. 46)",
   "markup": "unmarked (from 2013 Pg 786)",
   "protects": "Both",
   "protects_note": "",
   "mainly_owners": false,
   "v2_7": "Partly",
   "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-3-108.html"
  },
  {
   "section": "N.C.G.S. 47F-3-115",
   "key": "47F-3-115",
   "anchor": "s-47F-3-115",
   "title": "Assessments for common expenses",
   "what_it_does": "annual assessments; interest \"not exceeding eighteen percent (18%) per year\"; costs of limited common elements and of benefited lots, insurance by risk and utilities by usage; judgment assessments; negligence charges",
   "in_draft": "Partly",
   "rescore_note": "(more than 18%)",
   "summary": "Partly: the 18% interest cap (carried over from 2013), new rules for charging some costs only to the lots that benefit (page 26), and charging an owner for damage the owner causes.",
   "detail": "\"shall bear interest at the rate established by the Board not exceeding eighteen percent (18%) per year\" (p. 28); \"(3) assessments for insurance and utilities may be assessed in proportion to allocated risk and usage, respectively\" (p. 26); \"assessments caused by the negligence or misconduct of any Member or occupant, which may be assessed exclusively against that Member\" (p. 28)",
   "markup": "interest sentence struck on p. 27 and inserted on p. 28 (a move; in 2013 at Pg 770); p. 26 allocation language inserted, marked",
   "protects": "Both",
   "protects_note": "(the allocation rules and the cap protect owners)",
   "mainly_owners": false,
   "v2_7": "Partly (18%)",
   "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-3-115.html"
  },
  {
   "section": "N.C.G.S. 47F-3-116",
   "key": "47F-3-116",
   "anchor": "s-47F-3-116",
   "title": "Lien for sums due the association; enforcement",
   "what_it_does": "lien at 30 days; mailed notice; claim contents and legend; priority; fee notice and 15 days to pay; Board vote per lot; nonjudicial procedures (f)(1) to (13); judicial foreclosure; fines-only \"may only\" judicial; installments; first-mortgagee rule",
   "in_draft": "Partly",
   "rescore_note": "",
   "summary": "Partly: writes in the lien, notice, priority, installment, and fines-only rules; leaves out the Board vote on each foreclosure, the notice before attorneys' fees, and most foreclosure safeguards.",
   "detail": "\"any assessment levied against a lot remaining unpaid for a period of thirty (30) days or longer shall be considered overdue and a lien\" and \"No fewer than fifteen (15) days prior to the filing of the lien, APPOA shall mail a statement\" (p. 28); \"reasonable attorneys' fees shall be limited to $1,200.00, not including costs or expenses (or such other amount as permitted by N.C.G.S. 47F-3- 116(e))\" (pp. 28 to 29). Missing: Board vote on the specific lot, notice of intent, trustee rules, the Clerk's findings, the cure right, 45-21.34 rights, the (e) fee notice, the 3-year limit in (c), the (h) collection-fee rule, and (j)",
   "markup": "30 days and the 90-day bar marked; the rest unmarked from 2013",
   "protects": "Both",
   "protects_note": "",
   "mainly_owners": false,
   "v2_7": "Yes (cites (e); copies most of the rest)",
   "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-3-116.html"
  },
  {
   "section": "N.C.G.S. 47F-3-118",
   "key": "47F-3-118",
   "anchor": "s-47F-3-118",
   "title": "Association records",
   "what_it_does": "records reasonably available (per bylaws and 55A); free annual statement in 75 days; owner-called audit; binding statement of unpaid assessments in 10 business days with a $200 fee cap; limits on payments to directors",
   "in_draft": "Left out",
   "rescore_note": "(core rights). A strict count could call it Partly: the draft keeps a payment certificate resembling 3-118(b)",
   "summary": "",
   "detail": "roster \"shall be open to inspection by any Member\"; \"furnish to any Member Owner liable for an assessment a certificate in writing ... setting forth whether the Assessment has been paid\" (p. 28)",
   "markup": "unmarked (from 2013 Pg 770)",
   "protects": "Owners",
   "protects_note": "",
   "mainly_owners": true,
   "v2_7": "No",
   "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-3-118.html"
  },
  {
   "section": "N.C.G.S. 47F-3-121",
   "key": "47F-3-121",
   "anchor": "s-47F-3-121",
   "title": "American and State flags and political sign displays",
   "what_it_does": "U.S. and N.C. flags; political signs; for restrictions registered on or after October 1, 2005, a bold, capitalized first-page statement",
   "in_draft": "Partly",
   "rescore_note": "Same as version 2.7; fix wording.",
   "summary": "Partly: the first-page notice the statute requires before a sign ban can be enforced; the owner's flag right is not mentioned.",
   "detail": "\"THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS\" (p. 1; Times New Roman Bold, 12 pt, the largest print in the document); no flag provision",
   "markup": "inserted, marked",
   "protects": "Association",
   "protects_note": "(as used)",
   "mainly_owners": false,
   "v2_7": "Partly",
   "url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_47F/GS_47F-3-121.html"
  }
 ],
 "totals": {
  "sections": 13,
  "included": 0,
  "partly": 7,
  "left_out": 6,
  "included_pct": 0,
  "partly_pct": 54,
  "left_out_pct": 46,
  "left_out_mainly_owners": 6
 },
 "source": "WP3_Legal_Crosscheck.md, Section 4.2 (re-score against the accepted draft text)",
 "method": "\"In full\" means the substance of every part that N.C.G.S. 47F-1-102(c) applies is in the accepted draft. \"Partly\" means at least one part's substance is in. \"Left out\" means none is.",
 "values": {
  "phrase": "All six left out mainly protect owners"
 }
}