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socrateaser
socrateaser, Lawyer
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Our development is 22 years old and the developer still owns

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Our development is 22 years old and the developer still owns a small parcel of land in the development
Is there a time in which he must turn over control to our HOA? He is not cooperation with the needs of our community to operate under the current condominium laws for the state od North Carolina
The original declaration of covenants of your community may provide for a period during which the declarant can appoint and remove board members, and thereby control the board and the association. N.C.G.S. 47F-3-103(d).

However, if the "period" of control stated in the covenants is unlimited, a court would almost certainly rule that such a covenant is not "bona fide," and pursuant to N.C.G.S. 47F-3-105, the elected board could, by majority vote, terminate the declarant's control entirely.

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