If there are relatively few changes, help the members by sending two versions - a “redlined” one showing what is being removed and added, and another version showing the exact text. Send out the exact text of the amendment. Avoid controversial amendments such as those changing assessments so that some members pay more or less assessments or those requiring unpopular use restrictions.ģ.

Usually apathy rather than active opposition is the problem with amending the declarations.Ģ. Obtaining a 67% majority of all the votes of the association is hard, so strong membership support is essential. The declarations can also require a greater percentage for an amendment, but the percentage can’t be lower than 67%.ġ. Under Chapter 47C for Condominiums and 47F for other planned communities, an amendment to the Declarations may be amended only by a yes vote of 67% of the votes of the members. In that case, the declarations can be amended and changed. As such, in a mature HOA, the Declarations may be inconsistent or have parts that are simply undesirable for the members. Usually the Declarations are pulled from a boilerplate set and filed by the developer at the beginning of a project. While the general statutes of the state remain the ultimate authority, they give a large amount of leeway to a planned community to craft its own governing documents. In North Carolina, the Declarations (also called restrictive covenants) are the main governing document of a homeowner’s association.

Amending hoa covenants in nc