93A-69. Timeshare program extensions.
(a) Unless the timeshare declaration specifically provides a lower percentage, the vote or written consent, or both, of at least sixty-six percent (66%) of all eligible voting interests present in person or by proxy at a duly noticed, called, and constituted meeting of the owners may, at any time, extend the term of the timeshare program. If the term of a timeshare program is extended pursuant to this section, all rights, privileges, duties, and obligations created under applicable law or the timeshare declaration continue in full force to the same extent as if the extended termination date of the timeshare program were the original termination date of the timeshare program.
(b) Unless the timeshare declaration specifically provides for a lower quorum, the quorum for the timeshare owners' association meeting to extend the timeshare program is fifty percent (50%) of all eligible voting interests in the timeshare program.
(c) The owners' association meeting held pursuant to subsection (a) of this section may be held at any time before the termination of the timeshare program.
(d) The managing entity may determine that any voting interest that is delinquent in the payment of more than two years of assessments is ineligible to vote on any extension of the timeshare program unless such delinquency is paid in full before the vote.
(e) A proxy for a vote to extend a timeshare program pursuant to this section is valid for up to three years and is revocable unless the proxy states it is irrevocable.
(f) If an extension vote or consent pursuant to this section is proposed for a timeshare project of a multisite timeshare program located in this State, the proposed extension is effective only if the person authorized to make additions or substitutions of accommodations and facilities pursuant to the timeshare declaration also approves the extension. (2021-163, s. 1(c); 2021-192, s. 5(a).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 93A - Real Estate License Law
§ 93A-40 - Registration required of timeshare programs; real estate license required.
§ 93A-42 - Timeshare estates deemed real estate; timeshare uses.
§ 93A-42.1 - Construction and validity of declarations adopted prior to the Timeshare Act.
§ 93A-44 - Contract of sale; public offering statement.
§ 93A-45 - Purchaser's right to cancel; escrow; violation.
§ 93A-49 - Service of process on exchange company.
§ 93A-50 - Securities laws apply.
§ 93A-51 - Rule-making authority.
§ 93A-53 - Register of applicants; roster of registrants; financial report to Secretary of State.
§ 93A-54 - Disciplinary action by Commission.
§ 93A-55 - Private enforcement.
§ 93A-56 - Penalty for violation of Article.
§ 93A-57 - Release of liens or subordination and notice to creditors instrument.
§ 93A-58 - Registrar required; criminal penalties; program broker.
§ 93A-59 - Preservation of an owner's claims and defenses.
§ 93A-60 - Substantial compliance.
§ 93A-62 - Delinquent assessments; developer guarantee.
§ 93A-63 - Reservation systems.
§ 93A-64 - Multisite timeshare program additions, substitutions, and deletions.
§ 93A-65 - Resale purchase contracts; prohibition against advance listing fee.
§ 93A-66 - Record keeping by resale service providers, transfer service providers, and lead dealers.
§ 93A-67 - Resale service providers.
§ 93A-68 - Timeshare transfer services.