§ 47C-3-110. Voting; proxies.
§ 47C‑3‑110. Voting; proxies.
(a) If only one of the multiple owners of a unit is present at ameeting of the association, he is entitled to cast all the votes allocated tothat unit. If more than one of the multiple owners are present, the votesallocated to that unit may be cast only in accordance with the agreement of amajority in interest of the multiple owners, unless the declaration or bylawsexpressly provides otherwise. Majority agreement is conclusively presumed ifany one of the multiple owners casts the votes allocated to that unit withoutprotest being made promptly to the person presiding over the meeting by any ofthe other owners of the unit.
(b) Votes allocated to a unit may be cast pursuant to a proxyduly executed by a unit owner. If a unit is owned by more than one person,each owner of the unit may vote or register protest to the casting of votes bythe other owners of the unit through a duly executed proxy. A unit owner maynot revoke a proxy given pursuant to this section except by written notice ofrevocation delivered to the person presiding over a meeting of the association.A proxy is void if it is not dated. A proxy terminates one year after its date,unless it specifies a shorter term.
(c) If the declaration requires that votes on specified mattersaffecting the condominium be cast by lessees rather than unit owners of leasedunits: (i) the provisions of subsection (a) and (b) apply to lessees as if theywere unit owners; (ii) unit owners who have leased their units to other personsmay not cast votes on those specified matters; and (iii) lessees are entitledto notice of meetings, access to records, and other rights respecting thosematters as if they were unit owners. Unit owners must also be given notice, inthe manner provided in G.S. 47C‑3‑108, of all meetings at whichlessees may be entitled to vote.
(d) No votes allocated to a unit owned by the association may becast.
(e) The declaration may provide that on specified issues only adefined subgroup of unit owners may vote provided:
(1) The issue being voted on is of special interest solely tomembers of the subgroup; and
(2) All except de minimis costs that will be incurred based onthe vote taken will be assessed solely against those unit owners entitled tovote.
(f) For purposes of subdivision (e)(1) above an issue to bevoted on is not of special interest solely to a subgroup if it substantiallyaffects the overall appearance of the condominium or substantially affectsliving conditions of unit owners not included in the voting subgroup. (1985 (Reg. Sess., 1986), c. 877, s. 1.)