§ 47F-3-110. Voting; proxies. - North Carolina Statutes

§47F‑3‑110.  Voting; proxies.

(a)        If only one of themultiple owners of a lot is present at a meeting of the association, the ownerwho is present is entitled to cast all the votes allocated to that lot. If morethan one of the multiple owners are present, the votes allocated to that lotmay be cast only in accordance with the agreement of a majority in interest ofthe multiple owners, unless the declaration or bylaws expressly provideotherwise. Majority agreement is conclusively presumed if any one of themultiple owners casts the votes allocated to that lot without protest beingmade promptly to the person presiding over the meeting by any of the otherowners of the lot.

(b)        Votes allocated toa lot may be cast pursuant to a proxy duly executed by a lot owner. If a lot isowned by more than one person, each owner of the lot may vote or registerprotest to the casting of votes by the other owners of the lot through a dulyexecuted proxy. A lot owner may not revoke a proxy given pursuant to thissection except by actual notice of revocation to the person presiding over ameeting of the association. A proxy is void if it is not dated. A proxyterminates 11 months after its date, unless it specifies a shorter term.

(c)        If the declarationrequires that votes on specified matters affecting the planned community becast by lessees rather than lot owners of leased lots, (i) the provisions ofsubsections (a) and (b) of this section apply to lessees as if they were lotowners; (ii) lot owners who have leased their lots to other persons may notcast votes on those specified matters; and (iii) lessees are entitled to noticeof meetings, access to records, and other rights respecting those matters as ifthey were lot owners. Lot owners shall also be given notice, in the mannerprovided in G.S. 47F‑3‑108, of all meetings at which lessees may beentitled to vote.

(d)        No votes allocatedto a lot owned by the association may be cast.

(e)        The declaration mayprovide that on specified issues only a defined subgroup of lot owners may voteprovided:

(1)        The issue beingvoted is of special interest solely to the members of the subgroup; and

(2)        All except deminimis cost that will be incurred based on the vote taken will be assessedsolely against those lot owners entitled to vote.

(f)         For purposes ofsubdivision (e)(1) above, an issue to be voted on is not a special interestsolely to a subgroup if it substantially affects the overall appearance of theplanned community or substantially affects living conditions of lot owners notincluded in the voting subgroup. (1998‑199, s. 1.)