(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).)

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Terms Used In North Carolina General Statutes 93A-69

  • Managing entity: Any developer, timeshare owners' association, or third-party management firm that has the duties, responsibilities, and obligations of managing a timeshare project or timeshare program. See North Carolina General Statutes 93A-41
  • Multisite timeshare program: A timeshare program under which an owner obtains, by any means, a recurring right to reserve, use, or occupy timeshare units of more than one timeshare project through the mandatory use of a reservation system in competition with other owners in the same timeshare program. See North Carolina General Statutes 93A-41
  • Person: One or more natural persons, corporations, partnerships, associations, trusts, other entities, or any combination thereof. See North Carolina General Statutes 93A-41
  • Quorum: The number of legislators that must be present to do business.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Timeshare: A timeshare estate or timeshare use. See North Carolina General Statutes 93A-41
  • Timeshare declaration: One or more documents, by whatever name denominated, establishing, creating, or governing the operation of a timeshare program. See North Carolina General Statutes 93A-41
  • Timeshare program: Any arrangement, plan, program, scheme, or similar device, other than an exchange program, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, or right-to-use agreement, or by any other means whereby an owner receives the right to use timeshare units for a period of time less than a full year during any given year, but not necessarily for consecutive years. See North Carolina General Statutes 93A-41
  • Timeshare project: A specific geographic site where all or a portion of the timeshare units of a timeshare program are located. See North Carolina General Statutes 93A-41