North Carolina Statutes

Chapter 47C North Carolina Condominium Act

Article 1 - General Provisions.

  • § 47C-1-101   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.)
  • § 47C-1-102   Applicability
    (a) This Chapter applies to all condominiums created within this State after October 1, 1986. G.S. 47C‑1‑105 (Separate Titles and Taxation), 47C‑1‑106 (Applicability of Local...
  • § 47C-1-103   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...
  • § 47C-1-104   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....
  • § 47C-1-105   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,...
  • § 47C-1-106   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...
  • § 47C-1-107   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...
  • § 47C-1-108   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....
  • § 47C-1-109   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,...

Article 2 - Creation, Alteration, and Termination of Condominiums.

  • § 47C-2-101   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...
  • § 47C-2-102   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,...
  • § 47C-2-103   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...
  • § 47C-2-104   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...
  • § 47C-2-105   Contents of declaration
    (a) The declaration for a condominium must contain: (1) The name of the condominium, which must include the word "condominium" or be followed by the...
  • § 47C-2-106   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...
  • § 47C-2-107   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...
  • § 47C-2-108   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...
  • § 47C-2-109   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...
  • § 47C-2-110   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-2-111   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...
  • § 47C-2-112   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...
  • § 47C-2-113   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...
  • § 47C-2-114   Easement for encroachments
    (a) To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists....
  • § 47C-2-115   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...
  • § 47C-2-116   Easement to facilitate exercise of special declarant rights
    Subject to the provisions of the declaration, a declarant has such easements through the common elements as may be reasonably necessary for the purpose of...
  • § 47C-2-117   Amendment of declaration
    (a) Except in cases of amendments that may be executed by a declarant under G.S. 47C‑2‑109(d) or 47C‑2‑110, the association under G.S. 47C‑1‑107, 47C‑1‑106(d), 47C‑2‑112(a),...
  • § 47C-2-118   Termination of condominium
    (a) Except in the case of a taking of all the units by eminent domain (G.S. 47C‑1‑107), a condominium may be terminated only by agreement...
  • § 47C-2-119   Reserved for future codification purposes
  • § 47C-2-120   Master associations
    (a) If the declaration for a condominium provides that any of the powers described in G.S. 47C‑3‑102 are to be exercised by or may be...
  • § 47C-2-121   Merger or consolidation of condominiums
    (a) Any two or more condominiums may, by agreement of the unit owners as provided in subsection (b), be merged or consolidated into a single...

Article 3 - Management of the Condominium.

  • § 47C-3-101   Organization of unit owners' association
    A unit owners' association shall be organized no later than the date the first unit in the condominium is conveyed. The membership of the association...
  • § 47C-3-102   Powers of unit owners' association
    (a) Unless the declaration expressly provides to the contrary, the association, even if unincorporated, may: (1) Adopt and amend bylaws and rules and regulations; (2)...
  • § 47C-3-103   Executive board members and officers
    (a) Except as provided in the declaration, the bylaws, or subsection (b) or other provisions of this chapter, the executive board may act in all...
  • § 47C-3-104   Transfer of special declarant rights
    (a) No special declarant right (G.S. 47C‑1‑103(23)) created or reserved under this chapter may be transferred except by an instrument evidencing the transfer recorded in...
  • § 47C-3-105   Termination of contracts and leases of declarant
    If entered into by or on behalf of the association before the executive board elected by the unit owners pursuant to G.S. 47C‑3‑103(f) takes office,...
  • § 47C-3-106   Bylaws
    (a) The bylaws of the association shall provide for: (1) The number of members of the executive board and the titles of the officers of...
  • § 47C-3-107   Upkeep; damages; assessments for damages, fines
    (a) Except as provided in G.S. 47C‑3‑113(h), the association is responsible for causing the common elements to be maintained, repaired, and replaced when necessary and...
  • § 47C-3-107.1   Procedures for fines and suspension of condominium privileges or services
    Unless a specific procedure for the imposition of fines or suspension of condominium privileges or services is provided for in the declaration, a hearing shall...
  • § 47C-3-108   Meetings
    (a) A meeting of the association shall be held at least once each year. Special meetings of the association may be called by the president,...
  • § 47C-3-109   Quorums
    (a) Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the association if persons entitled to cast twenty percent (20%)...
  • § 47C-3-110   Voting; proxies
    (a) If only one of the multiple owners of a unit is present at a meeting of the association, he is entitled to cast all...
  • § 47C-3-111   Tort and contract liability
    (a) Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the condominium...
  • § 47C-3-112   Conveyance or encumbrance of common elements
    (a) Portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least...
  • § 47C-3-113   Insurance
    (a) Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain,...
  • § 47C-3-114   Surplus funds
    Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provisions for common expenses and any prepayment of...
  • § 47C-3-115   Assessments for common expense
    (a) Until the association makes a common expense assessment, the declarant shall pay all the common expenses. After any assessment has been made by the...
  • § 47C-3-116   Lien for assessments
    (a) Any assessment levied against a unit remaining unpaid for a period of 30 days or longer shall constitute a lien on that unit when...
  • § 47C-3-117   Other liens affecting the condominium
    (a) A judgment for money against the association is not a lien on the common elements, but if docketed is a lien in favor of...
  • § 47C-3-118   Association records
    (a) The association shall keep financial records sufficiently detailed to enable the association to comply with this chapter. All financial and other records, including records...
  • § 47C-3-119   Association as trustee
    With respect to a third person dealing with the association in the association's capacity as a trustee under G.S. 47C‑2‑118 following termination or G.S. 47C‑3‑113...
  • § 47C-3-121   American and State flags and political sign displays
    Notwithstanding any provision in any declaration of covenants, no restriction on the use of land shall be construed to: (1) Regulate or prohibit the display...

Article 4 - Protection of Purchasers.

  • § 47C-4-101   Applicability; waiver
    (a) This Article applies to all units subject to this chapter, except as provided in subsection (b) or as modified or waived by agreement of...
  • § 47C-4-102   Liability for public offering statement requirements
    (a) Except as provided in subsection (b), a declarant must, prior to the offering of any interest in a unit to the public, prepare a...
  • § 47C-4-103   Public offering statement; general provisions
    (a) A public offering statement must contain or fully and accurately disclose: (1) The name and principal address of the declarant and of the condominium;...
  • § 47C-4-104   Same; condominiums subject to developmental rights
    If the declaration provides that a condominium is subject to any development rights reserved by the declarant, the public offering statement shall disclose, in addition...
  • § 47C-4-105   Same; time share
    (a) If the declaration provides that ownership or occupancy of any units are or may be owned in time shares, the public offering statement shall...
  • § 47C-4-106   Conversion buildings
    Condominiums containing conversion buildings shall be subject to the provisions of Article 2 of Chapter 47A. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
  • § 47C-4-107   Same; condominium securities
    (a) If an interest in a condominium is registered with the Securities and Exchange Commission of the United States, a declarant satisfies the requirements relating...
  • § 47C-4-108   Purchaser's right to cancel
    (a) A person required to deliver a public offering statement pursuant to G.S. 47C‑4‑102(c) shall provide a purchaser of a unit or the spouse of...
  • § 47C-4-109   Resales of units
    Except in the case of a sale where delivery of a public offering statement is required, or unless exempt under G.S. 47C‑4‑ 101(b), a unit...
  • § 47C-4-110   Escrow of deposits
    (a) Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver a public offering statement pursuant...
  • § 47C-4-111   Release of liens or encumbrances
    (a) In the case of a sale of a unit where delivery of a public offering statement is required pursuant to G.S. 47C‑4‑102(c), a seller...
  • § 47C-4-112   Reserved for future codification purposes
  • § 47C-4-113   Express warranties of quality
    The law relating to express warranties is applicable to the sale of a condominium unit and supplements the provisions of this chapter; provided, however, that...
  • § 47C-4-114   Implied warranties of quality
    The law relating to implied warranties, including but not limited to, implied warranties that the premises are free from defective materials, constructed in a workmanlike...
  • § 47C-4-115   Exclusion of modification of implied warranties of quality
    (a) Except as limited by subsection (b) with respect to a purchaser of a unit that may be used for residential use, implied warranties of...
  • § 47C-4-116   Statute of limitations for warranties
    (a) A judicial proceeding for breach of any obligation arising under G.S. 47C‑4‑113 or 47C‑4‑114 must be commenced within the applicable period of limitations set...
  • § 47C-4-117   Effect of violations on rights of action; attorney's fees
    If a declarant or any other person subject to this chapter fails to comply with any provision hereof or any provision of the declaration or...
  • § 47C-4-118   Labeling of promotional material
    If any improvement contemplated in a condominium is labeled "NEED NOT BE BUILT" on a plat or plan, or is to be located within a...
  • § 47C-4-119   Declarant's obligation to complete
    (a) The declarant shall complete all improvements labeled "MUST BE BUILT" on plats or plans prepared pursuant to G.S. 47C‑2‑109. (b) The declarant is subject...
  • § 47C-4-120   Substantial completion of units
    In the case of a sale of a unit where delivery of a public offering statement is required, a contract of sale may be executed,...