Your menu

What do you want in the Master Declaration?

Pick, item by item, what you want in the Master Declaration: keep the rule recorded in 2013, accept the proposed change, or say you are not sure yet. Each item opens the evidence. Then print your menu, or copy it into the Board's own question form.

The Board wrote on October 21 that owner input will be incorporated into a revised Declaration it plans to redistribute on Wednesday, October 28. After that, this page will show whether each item made it into the revised text.

Private. Nothing you pick is sent anywhere. Your picks are saved only in this browser on this device, so you can come back to them; the Clear button erases them.

Name: ______________________________ Lot: __________ Date: __________

How to use this menu

Recorded in 2013 is the Declaration recorded in 2013 with its recorded amendments applied. Proposed is the Board's October 15 draft. Each item links to the full text side by side in the Change Explorer.

The Worse, Unclear, Neutral and Better labels are this review's opinion of the effect on owners. Your picks are your own; you do not have to agree with them.

When you are done, use Print my picks for a short sheet to bring to a meeting, or Copy for the Board and paste the text into the Association's question form (the "Ask your Board" button at the top of every page). If the form cuts a long message off, send it in two parts. Print a blank menu gives you every item with circles to mark by hand.

This is not legal advice. What goes into the Declaration is decided by the Board and the owners' vote.

Money and assessments

Borrowing and Association property

Voting and who decides

Using your lot and home

Enforcement and owner rights

Political and Board-election flyers

Recorded in 2013
Handbills and advertisements may not be left at doors or in mailboxes, and door-to-door sales calls are barred.

Proposed
Adds a ban on leaving political material, including material about APPOA Board elections, at doors, in mailboxes or in newspaper boxes.

Opinion: Worse for owners · Unmarked in the redline · Proposal Article Twelve, pages 43 to 44 · Evidence: U02

Keep the 2013 rule
Accept the change
Not sure yet
Penalties: suspending Membership

Recorded in 2013
If an owner, household member or guest breaks the Declaration, Bylaws, Articles or rules, the Association may fine the owner or go to court.

Proposed
Adds the power to suspend Membership, and adds the APPI Bylaws and "policies and procedures" to the rules that can be enforced.

Opinion: Worse for owners · Unmarked in the redline · Proposal Article Thirteen, pages 45 to 46 · Evidence: U12

Keep the 2013 rule
Accept the change
Not sure yet

State-law protections the draft leaves out

Of the 13 sections of the Planned Community Act that apply to communities created before 1999, the draft leaves out 6; the scorecard finds that all 6 mainly protect owners. Choose whether you want each written in.

Association records N.C.G.S. 47F-3-118
Records reasonably available to owners, a free annual financial statement within 75 days, an owner-called audit, and a statement of unpaid assessments within 10 business days with a $200 fee cap.

In the draft: Left out · Scorecard row · Read the statute

Write it in
Leave it out
Not sure yet
Fair process for fines and suspensions N.C.G.S. 47F-3-107.1
Notice and a hearing before the Board or a panel of non-officer members, the chance to present evidence, a $100 cap on fines, and an appeal within 15 days.

In the draft: Left out · Scorecard row · Read the statute

Write it in
Leave it out
Not sure yet
Publishing who is on the Board N.C.G.S. 47F-3-103(f)
The names and addresses of officers and Board members are published within 30 days of their election.

In the draft: Left out · Scorecard row · Read the statute

Write it in
Leave it out
Not sure yet
Owners amend the Declaration N.C.G.S. 47F-2-117
The Declaration can be amended only by owners holding 67% of the votes (some developer amendments excepted), and challenges are limited to one year.

In the draft: Left out · Scorecard row · Read the statute

Write it in
Leave it out
Not sure yet
The Act cannot be set aside N.C.G.S. 47F-1-104
The Planned Community Act may not be varied by the Declaration or Bylaws except where the Act itself allows it.

In the draft: Left out · Scorecard row · Read the statute

Write it in
Leave it out
Not sure yet
Transfer of developer rights N.C.G.S. 47F-3-104
Special developer (declarant) rights move only by a recorded document signed by the new holder.

In the draft: Left out · Scorecard row · Read the statute

Write it in
Leave it out
Not sure yet

Other changes

27 more changes, mostly wording, definitions and housekeeping

Ask the Board to explain this one

Special assessment budget: the 60% rejection rule stays; voting procedures now follow the Bylaws (Opinion: Unclear for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Signature block: approved by 67% of "Members eligible to vote" (Opinion: Unclear for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Procedure for adding property rewritten (now an incomplete sentence) (Opinion: Unclear for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Board amendment clause kept; cross-reference renumbered (2013 Section 13.06 is now Section 14.06, inside Article Four) (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Annual assessment due-date sentence deleted (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Insurance premiums no longer "deemed to be general expenses" or "budgeted" (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

80% lot assessment limited to unimproved lots (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Owner definition: homeowners-association and amenity-owner clauses removed (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Declarant, Development/Community and Supplemental Declaration definitions removed (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Dwelling begins at certificate of occupancy (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

New definitions: APPOA Website/NABR, APPI, AUC (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Fire department and storage parcels; Common Area title recitals rewritten (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Real estate agent language narrowed (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Golf ball retrieval language rewritten (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Amenities, restaurant and townhome wording (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Social dues become "social dues and/or fees"; multiple-property definition handed to the Bylaws (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Supplemental declarations become optional ("will" to "may") (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Notice before entry for maintenance may be by email (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Aesthetic committee replaced by the ASC for exterior maintenance enforcement (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Impervious-surface standard loses its source ("contained in the Ninth Amendment") (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

ASC size in the definitions: maximum five becomes seven (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Amenities added to easement areas and to the Association's right to set charges (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Special assessment allocation narrowed to "the Owners of Lots and Dwelling" (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Amenity purchase power limited to "future Amenities" (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Well ban limited to "potable" water wells (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Future land-use designations add "Common Areas, Amenities" (Opinion: Neutral for owners; unmarked in the redline; evidence)
Ask the Board to explain this one

Existing text shown as new (Opinion: not labeled in this review's comparison; shown as Unclear until the report labels it; marked in the redline; evidence)