Voting is Your Voice

The act of voting is a powerful ability and right for any Pine Mountain POA, Inc. Member in Good Standing – which means any person or entity who is obligated to the association, whose membership rights are not in suspension as a consequence of delinquency and/or any other disciplinary proceedings or by a specific provision within the Pine Mountain governing documents.  (C&R, Part 1, Article IV, Sections 1-3, Article V, Sections 1-3; C&R, Part 3, Article I, Section 2; By-Laws, Article III, Section 3; NC GS 55A-6-20)  The ability to vote includes authorization by written ballot and written consent, including electronic ballot and electronic consent. (NG GS 55A-7-08; 55A-7-21; 55A-7-23; 55A-1-40 para 26)

Note:  In the past, we have had members pay their way out of delinquency status in order to vote.

Who can Vote?

  1. If a lot of property has multiple owners, only one vote can be cast per property.  (C&R, Part 1, Article 4, Section 3; By-Laws Article IV, Section 1; NC GS 47F-3-110; 55A-11-03)
  2. Members in Good Standing (By-Laws Article III, Section3; NC GS 55A-6-20)

Through the Right to Vote:

  1. Vote on written ballots consisting of one or more proposed action(s) (By-Laws Article IV, Section 2; NC GS 55A-7-08)
  2. If the POA wishes to borrow money, they need a minimum of 51% of the voting member to agree.  (By-Laws Article VI, 3f)
  3. Common Properties – require 51% of the voting membership to agree to any dedication, sell or transfer of any or part of common properties.  (By-Laws Article VI, 3g; NC GS 47F-3-112)  Sale of assets (NC GS 55A-12-02)
  4. Damaged or destroyed property that is insured (golf course) shall be repaired or replaced promptly by the association unless 80% of the 100% approval of owners assigned to not rebuild.  (NC GS 47F-3-113g)
  5. Special Assessments for Capital Improvements on common properties, including the necessary fixtures and personal property related, requires a positive vote of 51% of qualified voters. members at a dedicated meeting.  (C&R Part 3, Article 1, Section 4)
  6. To view association records (all financial and other records) by the affirmative vote of the majority of lot owners present and voting in person or by proxy at any annual meeting or special meeting called for that purpose.  (NC GS 47F-3-118)
  7. If for any reason any corporation believes it impracticable to conduct a meeting for voting purposes, a petition of the members can be given to a director, officer, delegate, member of the Attorney General.  If it is still denied the Superior Court may order a meeting to be held.  (NC GS 55a-1-60; NC GS 55A-7-03)
  8. Meeting of Members without a meeting to take any action by written consent by vote.  (NC GS 55A-7-04)
  9. Voting Quorum requirements: (C&R Part 3, Article 1, Section 5; NC GS 55A-7-22; 55A-8-24)
  10. Vote by Proxy:  (NC GS 55A-7-24 & 27; 55A-7-30; 55A-8-24)
  11. Merger and consolidation with another non-profit corporation organized for the same or similar purpose require a minimum of 51% approval from the membership. (By-Laws Article Article VI, 3h; NC GS 47F-2-121; 55A-11-01)
  12. Vote in Board of Director members per the nominating process.  (By-Laws Article III, Article IV, and Article VIII; NC GS 55A-7-01; 55A-7-25-26; 55A-8-04); Board vacancy may be filled by a vote of the members or by the board of directors. (NC GS 55A-8-11)
  13. Vote out one or more of the Board of Director members (without cause) through a “Special” meeting of the members in person and by proxy.  (By-Laws Article XIII, Sections 2, 3, and 4; Article XIV; NC GS 47F-3-103, 108, 109 & 110; NC GS 55A-7-02; 55A-8-08-10; 55A-8-43)
  14. Create Amendments to the Covenants & Restrictions requires at least 67% affirmative association votes.  (NC GS 47F-2-117a; 55A-10-03 & 04)
  15. Terminate a planned community (Pine Mountain POA, Inc.) there must be an agreement of at least 80% of the association’s votes. (47F-2-118a) Dissolution (NC GS 55A-14-02-09)

Covenants & Restrictions (C&R) was created in 1973.  The C&R has had amendments and supplements since its creation.  Please note that in essence, it covers three areas of Pine Mountain: 1) POA property which is owned by the members and maintained by the office/board of directors; 2) Townhouse areas which have a few names such as village commons; 3) Single home areas which cover the majority of the lots.  The C&R contains a lot of overlaps because it demonstrates that some of the rules apply to more than one area but are separated within the document.