This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Bylaws And Regulations For A Group In North Carolina
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Where can I learn more about HOA law in NC? The HOA or planned community law is in Chapter 47F of the General Statutes. of the General Statutes. You can also learn more about HOAs at the NC Attorney General's website at .
Consider creating a project or program within another organization rather than spending your time and energy establishing a new organization. Board of Directors. North Carolina law requires only one board member, but best practices recommend that you have at least five; a minimum of seven is preferable.
Corporate bylaws are legally required in North Carolina. § 55-2-06 requires a corporation's incorporators or board of directors to adopt initial bylaws. The law doesn't specify when bylaws must be adopted, but this usually happens at the first organizational meeting.
In North Carolina, HOA bylaws do not need to be recorded with the state. However, certain documents, like the declaration of covenants, conditions, and restrictions (CC&Rs), typically must be filed with the relevant county's Register of Deeds.
Subdivisions with homeowners' associations established after Jan. 1, 1999, are governed by the North Carolina Planned Community Act found in Chapter 47F of the North Carolina General Statutes. However, no state or federal agency oversees homeowners' associations.
In many states, covenants only last 30 years, becoming unenforceable after they expire. However, North Carolina isn't one of these states.
Duties and powers of an HOA's board, granted by the NCPCA and the community's declaration, include enforcement of covenants, adopting budgets, assessing and collecting member fees, maintaining and regulating commons areas, and acting on behalf of the association in legal matters. N.C. Gen. Stat. §47F-3-102.
A nonprofit can also choose to be organized as a limited liability company (LLC), an unincorporated association, or a trust. An LLC, like a corporation, is a separate legal entity that must file organizational documents with the North Carolina Secretary of State.
Nonprofits with annual gross receipts of more than $50,000 or with an average of more than $50,000 over the past three years must file a 990 or 990-EZ. File the form each year by the 15th day of the 5th month after your fiscal year ends (e.g., Nov. 15 if your year ends June 30).
The IRS generally requires a minimum of three board members for every nonprofit, but does not dictate board term length. What is important to remember is that board service terms aren't intended to be perpetual, and are typically one to five years.