A BILL TO BE ENTITLED
AN ACT to allow for the amendment of a declaration of a planned community or a condominium by more than fifty percent of the votes allocated.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 47F‑2‑117 reads as rewritten:
"§ 47F‑2‑117.  Amendment of declaration.
(a)	Except in cases of amendments that may be executed by a declarant under the terms of the declaration or by certain lot owners under G.S. 47F‑2‑118(b), the declaration may be amended only by affirmative vote or written agreement signed by lot owners of lots to which more than fifty percent (50%) of the votes in the association are allocated, or any larger majority the declaration specifies or by the declarant if necessary for the exercise of any development right. The declaration may specify a smaller number only if all of the lots are restricted exclusively to nonresidential use.
(b)	No action to challenge the validity of an amendment adopted pursuant to this section may be brought more than one year after the amendment is recorded.
(c)	Every amendment to the declaration shall be recorded in every county in which any portion of the planned community is located and is effective only upon recordation.
(d)	Any amendment passed pursuant to the provisions of this section or the procedures provided for in the declaration are presumed valid and enforceable.
(e)	Amendments to the declaration required by this Chapter to be recorded by the association shall be prepared, executed, recorded, and certified in accordance with G.S. 47‑41."
SECTION 2.  G.S. 47C‑2‑117 reads as rewritten:
"§ 47C‑2‑117.  Amendment of declaration.
(a)	Except in cases of amendments that may be executed by a declarant under G.S. 47C‑2‑109(d) or 47C‑2‑110, the association under G.S. 47C‑1‑107, 47C‑1‑106(d), 47C‑2‑112(a), or 47C‑2‑113, or certain unit owners under G.S. 47C‑2‑108(b), 47C‑2‑112(a), 47C‑2‑113(b), or 47C‑2‑118(b), and except as limited by subsection (d), the declaration may be amended only by affirmative vote of or a written agreement signed by, unit owners of units to which more than fifty percent (50%) of the votes in the association are allocated or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to  nonresidential use.
(b)	No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.
(c)	Every amendment to the declaration must be recorded in every county in which any portion of the condominium is located and is effective only upon recordation. An amendment shall be indexed in the Grantee's index in the name of the condominium and the association and in the Grantor's index in the name of the parties executing the amendment.
(d)	Except to the extent expressly permitted or required by other provisions of this Chapter, no amendment may create or increase special declarant rights, increase the number of units, or change the boundaries of any unit, the allocated interest of a unit, or the uses to which any unit is restricted, in the absence of unanimous consent of the unit owners.
(e)	Amendments to the declaration required by this Chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association."
SECTION 3.  This act is effective when it becomes law and applies to amendments to declarations executed on or after that date.