N.C. Gen. Stat. § 47C-1-101
Short title
Short title. This chapter shall be known and may be cited as the North Carolina Condominium Act. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
North Carolina General Statutes Chapter 47C — Chapter 47C.
North Carolina · statute · N.C. Gen. Stat. ch. 47C · 73 active provisions
Provisions
N.C. Gen. Stat. § 47C-1-102
Applicability
Applicability. (a) This Chapter applies to all condominiums created within this State after October 1, 1986. In addition, the following sections apply to all condominiums created in this State on or before October 1, 1986, notwithstanding any conflicting provisions in the articles of incorporation, the declaration, or…
N.C. Gen. Stat. § 47C-1-103
Definitions
Definitions. In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this chapter: (1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. A person "controls" a declarant if the person (i) is a g…
N.C. Gen. Stat. § 47C-1-104
Variation; power of attorney or proxy to declarant
Variation; power of attorney or proxy to declarant. (a) Except as specifically provided in specific sections of this chapter, the provisions of this chapter may not be varied by the declaration or bylaws. (b) The provisions of this chapter may not be varied by agreement; however, after breach of a provision of this cha…
N.C. Gen. Stat. § 47C-1-105
Separate titles and taxation
Separate titles and taxation. (a) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate. (b) If there is any unit owner other than a declarant, each unit must be separately taxe…
N.C. Gen. Stat. § 47C-1-106
Applicability of local ordinances, regulations, and building codes
Applicability of local ordinances, regulations, and building codes. A zoning, subdivision, or building code or other real estate use law, ordinance, or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a substantially similar develo…
N.C. Gen. Stat. § 47C-1-107
Eminent domain
Eminent domain. (a) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for his unit and its interest in the…
N.C. Gen. Stat. § 47C-1-108
Supplemental general principles of law applicable
Supplemental general principles of law applicable. The principles of law and equity supplement the provisions of this chapter, except to the extent inconsistent with this chapter. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
N.C. Gen. Stat. § 47C-1-109
Inconsistent time share provisions
Inconsistent time share provisions. The provisions of this Chapter shall apply, so far as appropriate, to every time share program or project created within this State after October 1, 1986, except to the extent that specific statutory provisions in Chapter 93A are inconsistent with this Chapter, in which case the prov…
N.C. Gen. Stat. § 47C-1-110
Substantial compliance and marketability
Substantial compliance and marketability. In all instances where a declarant intended to establish on the declarant's property a condominium pursuant to this chapter, as established by the recording of a declaration, plats and plans, and by the subsequent recording of a deed or deeds intending to convey any unit or uni…
N.C. Gen. Stat. § 47C-2-101
Execution and recordation of declaration
Execution and recordation of declaration. (a) A declaration creating a condominium shall be executed in the same manner as a deed, shall be recorded in every county in which any portion of the condominium is located. (b) A declaration or an amendment to a declaration adding units to a condominium may not be recorded un…
N.C. Gen. Stat. § 47C-2-102
Unit boundaries
Unit boundaries. Except as provided by the declaration: (1) If walls, floors or ceilings are designated as boundaries of a unit, then all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished flooring, and any…
N.C. Gen. Stat. § 47C-2-103
Construction and validity of declaration and bylaws
Construction and validity of declaration and bylaws. (a) All provisions of the declaration and bylaws are severable. (b) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, or rules and regulations adopted pursuant to G.S. 47C-3-102(a)(1). (c) In the event of a conflict…
N.C. Gen. Stat. § 47C-2-104
Description of units
Description of units. A description of a condominium unit which sets forth the name of the condominium, the recording data for the declaration, and the identifying number of the unit or which otherwise complies with the general requirements of the laws of this State concerning description of real property is sufficient…
N.C. Gen. Stat. § 47C-2-105
Contents of declaration
Contents of declaration. (a) The declaration for a condominium must contain all of the following: (1) The name of the condominium, which must include the word "condominium" or be followed by the words "a condominium", and the name of the association. (2) The name of every county in which any part of the condominium is…
N.C. Gen. Stat. § 47C-2-106
Leasehold condominiums
Leasehold condominiums. (a) Any lease, or a memorandum thereof, the expiration or termination of which may terminate the condominium or reduce its size shall be recorded. Every lessor of those leases must sign the declaration, and the declaration shall state: (1) Where the complete lease may be inspected; (2) The date…
N.C. Gen. Stat. § 47C-2-107
Allocation of common element, interests, votes, and common expense liabilities
Allocation of common element, interests, votes, and common expense liabilities. (a) The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association and a portion of the votes in the association to each unit and state the formulas used t…
N.C. Gen. Stat. § 47C-2-108
Limited common elements
Limited common elements. (a) Except for the limited common elements described in subsections 47C-2-102(2) and (4), the declaration shall specify to which unit or units each limited common element is allocated. That allocation may not be altered without the unanimous consent of the unit owners whose units are affected.…
N.C. Gen. Stat. § 47C-2-109
Plats and plans
Plats and plans. (a) The declarant shall file with the register of deeds in each county where the condominium is located the condominium's plat or plan prepared in accordance with this section. The plat or plan shall be considered a part of the declaration but shall be recorded separately, and the declaration shall ref…
N.C. Gen. Stat. § 47C-2-110
Exercise of development rights
Exercise of development rights. (a) To exercise any development right reserved under G.S. 47C-2-105(a)(8), the declarant shall record an amendment to the declaration (G.S. 47C-2-117) and comply with G.S. 47C-2-109. The declarant is the unit owner of any units thereby created. The amendment to the declaration must assig…
N.C. Gen. Stat. § 47C-2-111
Alterations of units
Alterations of units. Subject to the provisions of the declaration and other provisions of law, a unit owner: (1) May make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium; (2) May not change the appeara…
N.C. Gen. Stat. § 47C-2-112
Relocation of boundaries between adjoining units
Relocation of boundaries between adjoining units. (a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated upon application to the association by the owners of those units. Any such application to the association must be in such form and conta…
N.C. Gen. Stat. § 47C-2-113
Subdivision of units
Subdivision of units. (a) If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association, at the expense of the unit owner, shall prepare, execute, a…
N.C. Gen. Stat. § 47C-2-114
Monuments as boundaries
Monuments as boundaries. (a) The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the description contained in the original declaration are its legal boundaries, rather than the boundaries derived from the description contained in the original decl…
N.C. Gen. Stat. § 47C-2-115
Use for sales purposes
Use for sales purposes. A declarant may maintain sales offices, management offices, and models in units or on common elements in the condominium only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, location, and relocation thereof. Any sales office, management off…
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