Community associations across North Carolina often face significant challenges when attempting to amend their Declaration of Covenants, Conditions, and Restrictions (declaration). While the declaration is critical for maintaining community standards, amending the document can be a complex and arduous process, particularly when relying on a vote at a formal meeting.
The High Threshold for Amendment Approval
One of the primary difficulties in amending a declaration is the high approval threshold typically required. Most declarations mandate that amendments receive approval from a supermajority of the membership, often ranging from 67% to 75% of the total voting members. Achieving this level of agreement can be daunting, especially in large communities with diverse opinions and levels of engagement.
Low Meeting Attendance
Another major obstacle is the difficulty of achieving a quorum at a meeting. Quorum is the minimum percentage of homeowners who must be present, either in person or by proxy, for a vote to take place. However, getting homeowners to attend meetings is often challenging. Busy schedules, lack of interest, and general apathy toward community governance mean that many meetings struggle to reach the necessary attendance levels.
Even in cases where a quorum is met, it is usually not enough simply to have a super majority of those present vote in favor of a declaration amendment. Because amendments require approval from a set percentage of all members, not just those attending, the lack of widespread participation can make passage nearly impossible when attempted at a meeting.
The North Carolina Non-Profit Act and Written Ballots
Given the difficulties of securing approval at a meeting, many North Carolina HOAs opt to use written ballots instead. Under the North Carolina Non-Profit Corporation Act, which governs most homeowner and condominium associations in the state, voting on amendments via written ballot is often a more viable path to success. This method allows homeowners to review and vote on amendments at their convenience rather than requiring them to attend a specific meeting.
Advantages of Using a Written Ballot
- Increased Participation – Homeowners can vote without the need to attend a meeting, which helps ensure a broader level of engagement.
- Extended Voting Period – Many community associations allow ballots to be collected over weeks or even months, giving more time to educate members and secure the necessary votes.
- Convenience – Members can review the proposed amendments carefully, consult with neighbors, and make an informed decision rather than feeling pressured to vote at a meeting.
- Proxy and Mail-In Options – Written ballots can be mailed, emailed, or submitted online, making it easier for absentee owners or those with scheduling conflicts to participate.
While amending declaration at a meeting in North Carolina is often a difficult task due to high approval thresholds and low attendance, the use of written ballots under the North Carolina Non-Profit Corporation Act provides a more practical alternative. By taking a strategic approach and prioritizing homeowner engagement, HOAs can successfully navigate the amendment process and ensure their governing documents remain relevant and effective for their communities.