Most condominium association’s “Declaration of the Condominium” (hereinafter referred to as declaration) follow the wording of Chapter 47C of the North Carolina Condominium Act with regard to the definitions of “common elements” and “units”. The Declaration specifies what insurance is to be provided by the association and what insurance is to be provided by the unit owners.In the statute, 47C-2-102, Unit boundaries it says: “Except as provided by the declaration:
Q: I live in a townhouse complex. Neither our bylaws nor our Covenants, Conditions and Restrictions mention anything about fines for violations. Now our board of directors has decided to adopt a set of “rules” which they plan to enforce by levying fines for violations. Is this legal?
Q: I own a home that is governed by the N.C. Condominium Act. In the recorded Declaration of Condominium, there is a specific section regarding animals. It prohibits commercial breeding and exotic animals, but specifically allows common household pets “including but not limited to dogs, cats, canaries, parakeets, etc.” After I bought my home, the HOA supplemented its rules and regulations to change the language in the recorded covenants to allow only two cats or two dogs and no more than four pets total. I am now renting the home and I have been told that my tenant, who has three dogs, is in violation. The dogs are small, each under 8 pounds, and they have not caused a safety issue for other residents. I always thought that rights afforded in recorded covenants could not be restricted by changes in the rules and regulations. Is this not correct?
It is not unusual for owners at an annual homeowners meeting to make motions about issues that aren’t listed on the agenda. For example, a motion to amend the bylaws. Or, at a special meeting called to amend the bylaws, an owner might make a motion to recall the board.