47F Scorecard
Which state-law protections the draft keeps
North Carolina's Planned Community Act is Chapter 47F of the General Statutes. For communities created before 1999, like ours, N.C.G.S. 47F-1-102(c) applies 13 of its sections unless the articles of incorporation or the declaration expressly provide otherwise. The proposal's new Article One says the Act does not apply to APPOA except as expressly incorporated.
Of the 13 sections, the draft includes none in full, 7 in part (54%), and leaves out 6 (46%).
All six left out mainly protect owners.
| Section (N.C.G.S.) | What it does | In the draft? | Detail | Who it mainly protects | Version 2.7 said |
|---|---|---|---|---|---|
| N.C.G.S. 47F-1-104Variation | the Act "may not be varied by the declaration or bylaws" except as the Act allows; "may not be varied by agreement" | Left out | 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 |
Owners | No |
| N.C.G.S. 47F-2-103Construction and validity of declaration and bylaws | 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 | Partly | Partly: the draft has its own priority clause (Declaration over Bylaws) and a severability clause; the rest is not stated. Draft words and pages"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) |
Owners and the Association | No |
| N.C.G.S. 47F-2-117Amendment of declaration | amendment only by owners of lots holding 67% of allocated votes (or more), except declarant amendments; 1-year limit on challenges; recording | Left out | "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 |
Owners | No |
| N.C.G.S. 47F-3-102 (1) to (6) and (11) to (17)Powers of owners' association | 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 | Partly | 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. Draft words and pages"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 |
The Associationbut (11) and (12) carry owner conditions the draft omits | Yes, in substance |
| N.C.G.S. 47F-3-103(f)Executive board members and officers | "publish the names and addresses of all officers and board members ... within 30 days of their election" | Left out | nothing Markup: none |
Owners | No |
| N.C.G.S. 47F-3-104Transfer of special declarant rights | special declarant rights move only "by an instrument evidencing the transfer recorded ... not effective unless executed by the transferee"; transferor liability; foreclosure succession | Left out | 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 |
Owners(also lenders and successor developers) | No |
| N.C.G.S. 47F-3-107(a) to (c)Upkeep of planned community; responsibility and assessments for damages | association maintains common elements, owners maintain lots; owner-caused damage; association liable for damage its agents cause to a lot | PartlySame as version 2.7. | "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 |
Owners and the Association | Partly |
| N.C.G.S. 47F-3-107.1Procedures for fines and suspension of planned community privileges or services | 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 | Left out | the word "hearing" appears in no layer of the draft; the only appeal right is for architectural decisions (pp. 36 to 37) Markup: none |
Owners | No |
| N.C.G.S. 47F-3-108Meetings | 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 | PartlySame as version 2.7. | "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) |
Owners and the Association | Partly |
| N.C.G.S. 47F-3-115Assessments for common expenses | 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 | Partly(more than 18%) | 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. Draft words and pages"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 |
Owners and the Association(the allocation rules and the cap protect owners) | Partly (18%) |
| N.C.G.S. 47F-3-116Lien for sums due the association; enforcement | 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 | Partly | 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. Draft words and pages"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 |
Owners and the Association | Yes (cites (e); copies most of the rest) |
| N.C.G.S. 47F-3-118Association records | 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 | Left out(core rights). A strict count could call it Partly: the draft keeps a payment certificate resembling 3-118(b) | 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) |
Owners | No |
| N.C.G.S. 47F-3-121American and State flags and political sign displays | U.S. and N.C. flags; political signs; for restrictions registered on or after October 1, 2005, a bold, capitalized first-page statement | PartlySame as version 2.7; fix wording. | Partly: the first-page notice the statute requires before a sign ban can be enforced; the owner's flag right is not mentioned. Draft words and pages"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 |
The Association(as used) | Partly |
How each section was scored
In full means the substance of every part that N.C.G.S. 47F-1-102(c) applies is in the accepted draft text. Partly means at least one part is. Left out means none is. The draft was read with all of the Board's marked changes accepted.
Who it mainly protects is a plain-language judgment about whom each section mainly serves; it is the author's assessment, shown so you can disagree with it.
Each section name links to the official text on ncleg.gov.
Questions for counsel, not conclusions
The 2013 Declaration's notice clause (Article Eleven, Section 11, Book 410 Page 786) says, in short, that the Association is not deemed to have adopted any other part of Chapter 47F unless it formally does so. Read broadly, that could mean these sections do not bind APPOA today, which would make Article One change less than this table suggests. Read narrowly, it only disclaims opting in to the whole Act, and the 13 sections apply by statute. Which reading is right is a question for counsel.
The same subsection, N.C.G.S. 47F-1-102(c), says these sections apply only to events on or after January 1, 1999 and do not invalidate existing provisions of the declaration. And N.C.G.S. 47F-1-102(d) still lets owners adopt the whole Act by amending the Declaration with 67% of the votes, or any smaller majority the declaration specifies.
This page reports what the statutes and documents say. It is not legal advice.