House Select Committee on HOAs Page 35
(3) Unless a greater number or fraction of the votes in the association 1 is required for a particular matter to be voted on by this Chapter 2 or the declaration, a majority of the votes cast determines the 3 outcome of any action of the association. 4
(4) Subject to subsection (a), a unit owner may vote by absentee 5 ballot without being present at the meeting. The association 6 promptly shall deliver an absentee ballot to an owner that 7 requests it if the request is made at least seven days before the 8 scheduled meeting. Votes cast by absentee ballot must be 9 included in the tally of a vote taken at that meeting. 10
(5) When a unit owner votes by absentee ballot, the association must 11 be able to verify that the ballot is cast by the unit owner having 12 the right to do so. 13
(c) Except as otherwise provided in the declaration or bylaws, the following 14 requirements apply with respect to proxy voting: 15
(1) Votes allocated to a unit may be cast pursuant to a directed or 16 undirected proxy duly executed by a unit owner. 17
(2) If a unit is owned by more than one person, each owner of the 18 unit may vote or register protest to the casting of votes by the 19 other owners of the unit through a duly executed proxy. 20
(3) A unit owner may revoke a proxy given pursuant to this section 21 only by actual notice of revocation to the person presiding over a 22 meeting of the association. 23
(4) A proxy is void if it is not dated, if it purports to be revocable 24 without notice, or if it is given in favor of a board member. 25
(5) A proxy is valid only for the meeting at which it is cast and any 26 recessed session of that meeting. 27
(6) A proxy may be used to achieve the required quorum at a 28 meeting. 29
(7) A proxy is valid only if the nature of the matter for which the 30 vote is to be taken is stated in the notice as required by 31 G.S. 47F-3-108(a). 32
(8) A person may not cast proxies representing more than fifteen 33 percent (15%) of the votes in the association. 34
(d) Unless prohibited or limited by the declaration or bylaws, an association 35 may conduct a vote without a meeting. In that event, the following requirements 36 apply: 37
(1) The association shall notify the unit owners that the vote will be 38 taken by ballot. 39
(2) The association shall deliver a paper or electronic ballot to every 40 unit owner entitled to vote on the matter. 41
(3) The ballot must set forth each proposed action and provide an 42 opportunity to vote for or against the action. 43