Read It Before You VoteAlbemarle Plantation, proposed Master Declaration

Questions to ask

Ten questions for the Board

Short, specific questions for the Board's question form (due October 21 at 5:00 pm) and the informational meetings on October 23 and 24. Each one is tied to the record so you can ask it with the evidence in hand. Copy one, or copy all ten.

  1. The refund

    The Association's 2025 audit carries $1,858,960 owed to owners for the 2012 amenity assessment. The proposal deletes the refund promise without showing it. Will owners who paid still be refunded when they sell? Where is that written?

    Why ask: The proposal deletes Article Five, Section 6(d), the recorded refund promise, without showing it struck.

    Evidence: Change U09 Claim F002 Refund checker

  2. The redline

    The redline leaves at least 49 substantive changes from the recorded 2013 Declaration unmarked. Will the Board publish a redline against the recorded Declaration and its five amendments before owners vote?

    Why ask: This review found 49 substantive changes that carry no markup in the October 15 redline.

    Evidence: Change Explorer Claim D002

  3. Borrowing

    The revised Bylaws let the Board borrow up to $1,000,000 and pledge Association property without a member vote. The 1989 Articles of Incorporation require the consent of two-thirds of each class of members to mortgage or pledge property. Has counsel confirmed in writing that this complies?

    Why ask: The 1989 Articles of Incorporation (Book 130 Page 635) make a mortgage or pledge “subject to the consent by vote or written instrument of two-thirds (2/3) of each class of members”; N.C.G.S. 55A-12-01(b) leaves member approval of a mortgage to the articles.

    Evidence: Claim L038 Change U01 Claim M013

  4. State law

    Which sections of the Planned Community Act does counsel say apply to APPOA today, and which would the new Article One switch off? What would replace the hearing before a fine and the right to examine records?

    Why ask: Of the 13 sections state law applies to communities like ours, the draft includes none in full and leaves out 6.

    Evidence: 47F Scorecard Claim L008

  5. Records

    How was the $200 minimum to retrieve one document set, and how does it meet the state limit of the "estimated cost of production or reproduction" of the records (N.C.G.S. 55A-16-03(c))?

    Why ask: The policy took effect September 25, 2026, and neither the proposed Declaration nor the revised Bylaws sets a dollar limit.

    Evidence: Records cost estimator Claim L014 Claim D007

  6. Comment period

    In February 2025 the Board's minutes planned a comment period of four to six weeks before a vote is scheduled. Why is the vote going ahead without it?

    Why ask: The February 27, 2025 minutes planned a “comment segment expected to last four to six weeks” before a vote is scheduled; owners received the documents on October 15 with six days for questions and a vote already scheduled.

    Evidence: Timeline Claim M004 Claim M080

  7. Counting the vote

    The Board's letter says passage needs 67% of all lots; the signature block says 67% of the Members eligible to vote. Which count will be used, and how many lots cannot vote today?

    Why ask: The two measures can give different answers whenever a member is suspended or owns more than one lot.

    Evidence: Change U19 Claim L002 Claim M029

  8. Owners' right to amend

    The recorded Declaration lets owners amend it by majority vote. Why does the draft strike that right while keeping the Board's power to amend without a member vote?

    Why ask: The recorded text says “After December 31, 2022, the Members may, by vote of a majority of the Members existing at the time, agree to amend the Master Declaration”. The draft strikes that sentence, with markup, and keeps the Board's own power to amend (Article Thirteen, Section 5).

    Evidence: Change M01 Claim L005

  9. Who may vote

    The Declaration hands voting eligibility to the Bylaws, which owners do not vote on. Will the Board put the revised Bylaws to a member vote, with a redline against the Bylaws now in force?

    Why ask: The proposal says “The Bylaws of APPOA shall establish procedures for eligibility and voting”, and the revised Bylaws would let the Board suspend the vote of a member who is not in good standing or is in violation of a policy.

    Evidence: Change U03 Change U04 Claim L040

  10. The new Declarant

    What rights would Albemarle Preserve, LLC have as the new Declarant (for example, appointing a Board member while it owns a lot, and consenting to any change to Section 14), and why are they needed?

    Why ask: The draft names Albemarle Preserve, LLC as Declarant. Rights that the recorded text tied to named developer companies, such as consent to changes to Section 14, now run to the Declarant.

    Evidence: Change N05 Claim L060 Claim F050

The questions are written to be answered with facts. Ask them in your own words if you prefer.