North Carolina G.S. 47F-2-117: How HOAs Amend a Declaration (67% Vote Rule)

Quick Answer

G.S. 47F-2-117 says a North Carolina planned community declaration can generally be amended only by the affirmative vote, or written agreement signed, of owners holding at least 67% of the association's votes (or a larger majority if the declaration requires it). An amendment is effective only when recorded in every county where the community lies, it is "presumed valid and enforceable," and no one can challenge it in court more than one year after recording. Condominiums have a parallel but different section, § 47C-2-117.

The one thing a board most needs to know: the board cannot amend the declaration unilaterally (§ 47F-3-103(b)). The owners vote, and the amendment does nothing until it is recorded.

At a Glance

What the Law Says

Planned communities, § 47F-2-117

• Approval, (a): the declaration "may be amended only by affirmative vote or written agreement signed by lot owners of lots to which at least sixty-seven percent (67%) of the votes in the association are allocated, or any larger majority the declaration specifies," with an exception for amendments the declarant may make if necessary for a development right. The declaration "may specify a smaller number only if all of the lots are restricted exclusively to nonresidential use."
• Challenge window, (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."
• Recording, (c): every amendment "shall be recorded in every county in which any portion of the planned community is located and is effective only upon recordation."
• Presumption, (d): "Any amendment passed pursuant to the provisions of this section or the procedures provided for in the declaration are presumed valid and enforceable."
• Certification, (e): amendments the Chapter requires the association to record "shall be prepared, executed, recorded, and certified in accordance with G.S. 47-41.01 or G.S. 47-41.02."

Related rules

• Board limit, § 47F-3-103(b): the executive board "may not act unilaterally on behalf of the association to amend the declaration."
• Older communities, § 47F-1-102(c): § 47F-2-117 is among the sections that apply to planned communities created before January 1, 1999, unless the articles or declaration "expressly provides to the contrary."
• Opting in to the Act, § 47F-1-102(d): a pre-1999 community can elect to make the whole Chapter apply by amending its declaration with the same 67% (or any smaller majority the declaration specifies). That subsection says it controls over conflicting amendment procedures in the declaration for that particular amendment.
• Documents as authority, § 47F-2-103(a): the declaration, bylaws and articles "form the basis for the legal authority" for the association to act, to the extent not inconsistent with the Chapter.

Condominiums, § 47C-2-117

The condominium section has the same 67% starting point ("or any larger majority the declaration specifies") and the same rule that an amendment "is effective only upon recordation," and adds indexing in the grantee and grantor indexes. It differs in these ways:

• Unanimity for certain changes, (d): "Except to the extent expressly permitted or required by other provisions of this Chapter, no amendment shall 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."
• Challenge window, (b): the one-year limit applies "as long as the approval requirements for any amendment adopted pursuant to this section ... have been met."
• Certification, (e): amendments the Chapter requires the association to record are prepared, executed, recorded and certified "by any officer of the association designated for that purpose or, in the absence of designation, by the president."
• Board corrective amendments, (f): unless the declaration or the Chapter prohibits it, the board may propose an amendment to cure ambiguity or establish marketable title, conform to secondary mortgage market requirements, comply with a statute or ordinance, or make a reasonable accommodation or modification for persons with disabilities. The board sets an owner meeting 10 to 60 days after mailing notice with a copy or summary; "there is no requirement that a quorum be present"; and the amendment is ratified "unless at that meeting unit owners holding a majority of the votes in the association reject the amendment." A recorded corrective amendment relates back to the date the original declaration was recorded.

The text we read for § 47C-2-117 has no subsection stating that amendments are "presumed valid" like § 47F-2-117(d).

What This Means in Practice

Deadline math

Our reading: the one-year challenge clock under § 47F-2-117(b) runs from recording, not from the vote or the date of signatures. If an amendment is voted on in March and recorded in June, the clock starts in June. Until recording, the amendment is not effective (subsection (c)).

For boards

• Check your declaration for a higher threshold than 67%. The statute allows "any larger majority the declaration specifies."
• Count votes by allocated votes, not by number of owners. The statute refers to "lots to which at least sixty-seven percent (67%) of the votes in the association are allocated."
• Keep the signed agreements or meeting minutes and ballots. A written agreement must be "signed by lot owners," so check who owns each lot.
• Record in every county where the community has property, and confirm the certification form under G.S. 47-41.01 or 47-41.02 with counsel.
• Condominium boards: consider whether a defect fix fits the four corrective purposes in § 47C-2-117(f), which avoids a 67% vote but still requires an owner meeting.

For owners

• If you object to a recorded amendment, note the one-year deadline in § 47F-2-117(b) (planned communities) and in § 47C-2-117(b) (condominiums, where the approval requirements must have been met).
• Read the amendment for what it changes; for condominiums, changes to unit boundaries, allocated interests or unit use restrictions need unanimous consent unless another provision of the Chapter permits them.

What the law does not say

• It does not say whether every co-owner of a lot must sign a written agreement. Our separate page on Bryan v. Kittinger covers a court decision on that question.
• It does not define when an amendment is unreasonable. Our page on Armstrong v. The Ledges covers a court decision on reasonableness. Open question: how the presumption of validity in § 47F-2-117(d) interacts with that case law. Ask counsel.
• It does not set a notice period for an owner vote on a declaration amendment. Meeting notice rules are in § 47F-3-108 (10 to 60 days, stating "the general nature of any proposed amendment to the declaration or bylaws").

Timeline

Related North Carolina Law

• Chapter 47F overview
• Chapter 47C overview
• Armstrong v. The Ledges: reasonable amendments
• Bryan v. Kittinger: written-agreement amendments
• Wise v. Harrington Grove: fining authority in older communities
• North Carolina HOA laws: complete guide

Board Checklist

• Confirm the voting threshold in the declaration and compare it to the 67% statutory floor.
• Identify the record owner of every lot before circulating a written agreement.
• Give meeting notice 10 to 60 days ahead that states the general nature of the proposed amendment.
• Tally votes by allocated votes and keep the tally with the minutes.
• Have counsel prepare and certify the amendment under G.S. 47-41.01 or 47-41.02 and record it in each county.
• Calendar the one-year challenge date from the recording date.
• For condominiums, check whether the change touches unit boundaries, allocated interests or use restrictions and needs unanimous consent.

Frequently Asked Questions

What vote does it take to amend an HOA declaration in North Carolina?

At least 67% of the association's votes, by vote or written agreement, or any larger majority the declaration specifies (§ 47F-2-117(a)).

Can the HOA board amend the declaration without a vote?

Not in a planned community. Section 47F-3-103(b) says the board may not act unilaterally to amend the declaration. Condominium boards have a limited corrective route under § 47C-2-117(f), which still goes to an owner meeting.

When does an amendment take effect?

Only upon recordation in every county in which any part of the planned community is located.

How long does an owner have to challenge an amendment?

No action challenging validity may be brought more than one year after the amendment is recorded.

Is a recorded amendment presumed valid?

For planned communities, yes: it is "presumed valid and enforceable" if passed under the section or the declaration's procedures (§ 47F-2-117(d)).

Does the 67% rule apply to older communities?

Section 47F-2-117 is on the § 47F-1-102(c) list of sections that apply to communities created before January 1, 1999, unless the articles or declaration expressly provide otherwise.

Where This Comes From

We read the full text of §§ 47F-2-117, 47F-1-102, 47F-2-103 and 47F-3-103 on the North Carolina General Assembly site, and the text of § 47C-2-117 on the Chapter 47C page. We did not read G.S. 47-41.01 or 47-41.02, nor the court opinions linked above for this page. The official chapter page is ncleg.gov, Chapter 47F.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed North Carolina attorney before acting.