Amendments to the Declarations of planned communities subject to the Planned Community Act must have the approval of at least 67% of the votes allocated by the Declarations. In most all circumstances, each lot has one vote meaning that there must be “Yes” votes cast by the owners of at 67% of all lots—not just the lots that vote. A lot that fails to vote is the equivalent of a “No” vote.
Quick Tip – Problem with a bear? Call for help!
If you have a problem with nuisance or dangerous bear, call the N.C. Wildlife Helpline, a service of the North Carolina Wildlife Resources Commission. Do not attempt to trap or to kill a bear on your own. In addition to possible physical injury or death, you could face serious legal trouble for violating various federal or state wildlife regulations.
An Ounce of Prevention Helps Avoid Bear Encounters
The best way to prevent problems with bears is to avoid unintentionally feeding them. Secure bags of trash inside cans stored in a garage, basement, or other secure area. Place trash outside, as late as possible, or trash pick-up days – not the night before. Keep all garbage sites clean. If a bear is in the area, remove bird or hummingbird feeders, even if they’re advertised as “bear proof”. Avoid “free-feeding” pets outdoors. Do not leave pet food out overnight. If you must feed pets outdoors, make sure all food is consumed and empty bowls are removed. Clean all food and grease from your grill or outdoor kitchen after each use. Bears are attracted to food odors and may investigate.
What If…A Bear Totaled My Car?
Damage to Your Automobile Yes. There’s insurance for that. Make sure your automobile insurance includes this relatively inexpensive type of coverage. Your deductible can be as low as Zero Dollars ($0), and will provide coverage for a number of scenarios, including: missiles or falling objects; fire; theft or larceny; explosion or earthquake; windstorm; hail, water or flood; malicious mischief or vandalism; riot or civil commotion; contact with a bird or animal; or breakage of glass. (Read more on auto coverage in the NC Department of Insurance Consumer Guide here.) While the missiles, explosions, or riots are uncommon here in WNC, we do have an abundance of wildlife who would just love to eat that leftover granola bar in your front
Quick Tip – IRS Scam Calls
Criminals posing as IRS officials continue to bilk unsuspecting citizens out of their money using scam telephone calls threatening to have you arrested for nonpayment of taxes. If you receive a call that you suspect is an IRS impersonation scam, contact the Treasury Inspector General for tax administration (TIGTA) at 800 – 366 – 4484 to report the call. Find additional information on avoiding IRS scam calls here.
Quick Tip – Planned Community Insurance
Associations subject to the Planned Community Act are required to maintain property insurance on the common elements and liability insurance. If the insurance is not available, the Association is required to give notice of that fact to all lot owners either by hand-delivery or by United States mail. N.C. Gen. Stat. § 47F-3-113.
Quick Tip – Mountain Stream Boundary Lines
Disputes sometimes arise when a mountain stream is a boundary line. Even though there may be a recorded plat showing metes and bounds of a stream boundary, the actual location of the stream prevails over the description in a plat.
Quick Tip – Death or Incapacity of Member Appointing Proxy
The death or incapacity of a member appointing a proxy does not affect the right of the corporation to accept the proxy’s authority, unless notice of the death or incapacity is received by the Secretary or other officer or agent authorized to tabulate votes before the proxy exercises authority under the appointment. N.C. Gen. Stat. § 55A-7-24.
Quick Tip – Association Meeting Member Lists
Incorporated associations must prepare an alphabetical list of the names of its members entitled to notice of a meeting, showing the address and number of votes each member is entitled to cast. N.C. Gen. Stat. § 55A-7-20(a). The list must be made available for inspection prior to the meeting and during the meeting. N.C. Gen. Stat. § 55A-7-20(b).