reglab/housing_qa huggingface dataset:
NC Gen Stat § 47C-1-106 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 1 - General Provisions.|§ 47C-1-106 - Applicability of local ordinances, regulations, and building codes.

 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 any requirement upon a condominium which it would not impose upon a substantially similar development under a different form of ownership. Otherwise, no provision of this chapter invalidates or modifies any provision of any zoning, subdivision, or building code or other real estate use law, ordinance, or regulation. No local ordinance or regulation may require the recordation of a declaration prior to the date required by this chapter. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
NC Gen Stat § 47C-1-107 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 1 - General Provisions.|§ 47C-1-107 - Eminent domain.

 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 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 common elements, whether or not any common elements are acquired. Unless the condemnor acquires the right to use the unit's interest in common elements, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking exclusive of the unit taken, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.(b) Except as provided in subsection (a), if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and of its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, (1) that unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration, and (2) the portion of the allocated interests divested from the partially acquired unit is automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.(c) If part of the common elements is acquired by eminent domain, the portion of the award not payable to unit owners under subsection (a) must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be apportioned among the owners of the units to which that limited common element was allocated at the time of acquisition.(d) The court decree shall be recorded in every county in which any portion of the condominium is located. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
NC Gen Stat § 47C-1-108 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 1 - General Provisions.|§ 47C-1-108 - Supplemental general principles of law applicable.

 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. 877, s. 1.)
NC Gen Stat § 47C-1-109 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 1 - General Provisions.|§ 47C-1-109 - Inconsistent time share provisions.

 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, 1986, except to the extent that specific statutory provisions in Chapter 93A are inconsistent with this Chapter, in which case the provisions of Chapter 93A shall prevail. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
NC Gen Stat § 47C-1-110 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 1 - General Provisions.|§ 47C-1-110 - Substantial compliance and marketability.

 47C-1-110. 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 units, but failed to substantially comply with this chapter due to defects in the drafting, execution, or recording of the declaration, plats or plans, title to any unit that has been constructed and so deeded by the declarant for at least four calendar years without legal challenge shall be deemed to be marketable notwithstanding such defects.  (2020-52, s. 6.)
NC Gen Stat § 47C-2-101 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 2 - Creation, Alteration, and Termination of Condominiums.|§ 47C-2-101 - Execution and recordation of declaration.

 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 portion of the condominium is located.(b) A declaration or an amendment to a declaration adding units to a condominium must contain a certificate executed by an architect licensed under the provisions of Chapter 83A of the General Statutes or an engineer registered under the provisions of Chapter 89C of the General Statutes stating that the plans for such building or buildings fully and accurately depict the structural components and mechanical systems of all buildings containing or comprising any units thereby created; provided, however, that such requirement shall not apply to any unit or portion of a unit, the boundaries of which comprise solely surface space, airspace, subterranean space, or any specified combination thereof, as provided in G.S. 47C-2-105(a)(5).  (1985 (Reg. Sess., 1986), c. 877, s. 1; 2012-18, s. 1.5; 2020-52, s. 4.)
NC Gen Stat § 47C-2-102 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 2 - Creation, Alteration, and Termination of Condominiums.|§ 47C-2-102 - Unit boundaries.

 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, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit; and all other portions of such walls, floors, or ceilings are a part of the common elements.(2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated exclusively to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.(3) Subject to the provisions of paragraph (2), all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.(4) Any shutters, awnings, window boxes, doorsteps, stoops, decks, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit but located outside the unit's boundaries are limited common elements allocated exclusively to that unit. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
NC Gen Stat § 47C-2-103 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 2 - Creation, Alteration, and Termination of Condominiums.|§ 47C-2-103 - Construction and validity of declaration and bylaws.

 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 declaration, bylaws, or rules and regulations adopted pursuant to G.S. 47C-3-102(a)(1).(c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this chapter.(d) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this chapter. Whether a substantial failure to comply with this chapter impairs marketability shall be determined by the law of this State relating to marketability. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
NC Gen Stat § 47C-2-104 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 2 - Creation, Alteration, and Termination of Condominiums.|§ 47C-2-104 - Description of units.

 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 the unit or which otherwise complies with the general requirements of the laws of this State concerning description of real property is sufficient legal description of that unit and all rights, obligations, and interests appurtenant to that unit which were created by the declaration or bylaws. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
NC Gen Stat § 47C-2-106 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 2 - Creation, Alteration, and Termination of Condominiums.|§ 47C-2-106 - Leasehold condominiums.

 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 lessor of those leases must sign the declaration, and the declaration shall state:(1) Where the complete lease may be inspected;(2) The date on which the lease is scheduled to expire;(3) A legally sufficient description of the real estate subject to the lease;(4) Any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised or a statement that they do not have those rights;(5) Any right of the unit owners to remove any improvements after the expiration or termination of the lease or a statement that they do not have those rights; and(6) Any rights of the unit owners to renew the lease and the conditions of any renewal or a statement that they do not have those rights.(b) After the declaration for a leasehold condominium is recorded, neither the lessor nor his successor in interest may terminate the leasehold interest of a unit owner who, after demand, makes timely payment of his share of the rent determined in proportion to his common element interest and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant under the lease.(c) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.(d) If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests shall be reallocated in accordance with G.S. 47C-1-107(a) as though those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
NC Gen Stat § 47C-2-107 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 2 - Creation, Alteration, and Termination of Condominiums.|§ 47C-2-107 - Allocation of common element, interests, votes, and common expense liabilities.

 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 a portion of the votes in the association to each unit and state the formulas used to establish those allocations. Those allocations may not discriminate in favor of units owned by the declarant.(b) If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.(c) The declaration may provide: (i) that different allocations of votes shall be made to the units on particular matters specified in the declaration; (ii) for cumulative voting only for the purpose of electing members of the executive board; and (iii) for class voting on specified issues affecting the class if necessary to protect valid interests of the class. A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter nor may units constitute a class because they are owned by a declarant.(d) Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units must each equal one if stated as fractions or one hundred percent (100%) if stated as percentages. If the declaration allocates to each of the units a fraction or percentage of ownership of the common elements that results in an actual total of such fractions or percentages that is greater or less than the actual whole of such ownership, each unit's ownership of the common elements shall be automatically reallocated so that each unit is allocated the same fraction or percentage of ownership of the actual whole as that unit had of the actual total that was greater or less than the actual whole. The declarant or the association shall file an amendment to the declaration reflecting such reallocation which amendment need not be executed by any other party.(e) The common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated is void. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
NC Gen Stat § 47C-2-108 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 2 - Creation, Alteration, and Termination of Condominiums.|§ 47C-2-108 - Limited common elements.

 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 element is allocated. That allocation may not be altered without the unanimous consent of the unit owners whose units are affected.(b) Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by all the unit owners between or among whose units the reallocations is made. The persons executing the amendment shall provide a copy thereof to the association, which shall record it. The amendment shall be recorded in the same manner as a deed in the names of the parties and the condominium.(c) A common element not previously allocated as a limited common element may not be so allocated except by unanimous consent or pursuant to provisions in the declaration made in accordance with G.S. 47C-2-105(a)(7). All such allocations shall be made by amendments to the declaration and shall become effective in accordance with G.S. 47C-2-117(c). (1985 (Reg. Sess., 1986), c. 877, s. 1.)
NC Gen Stat § 47C-2-110 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 2 - Creation, Alteration, and Termination of Condominiums.|§ 47C-2-110 - Exercise of development rights.

 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-2-109. The declarant is the unit owner of any units thereby created. The amendment to the declaration must assign an identifying number to each new unit created and, except in the case of subdivision or conversion of units described in subsection (c), reallocate the allocated interests among all units. The amendment must describe any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by G.S. 47C-2-108 (Limited Common Elements).(b) Development rights may be reserved within any real estate added to the condominium if the amendment adding that real estate includes all matters required by, and is in compliance with, G.S. 47C-2-105 and, if a leasehold condominium, G.S. 47C-2-106 and also if the plats and plans include all matters required by G.S. 47C-2-109. This provision does not extend the limit on the exercise of developmental rights imposed by the declaration pursuant to G.S. 47C-2-105(a)(8).(c) When a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements, or both:(1) If the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain; or(2) If the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.(d) If the declaration provides pursuant to G.S. 47C-2-105(a)(8) that all or a portion of the real estate is subject to the development right of withdrawal:(1) If all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, no part of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and(2) If a portion or portions are subject to withdrawal, no part of a portion may be withdrawn after a unit in that portion has been conveyed to a purchaser. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
NC Gen Stat § 47C-2-111 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 2 - Creation, Alteration, and Termination of Condominiums.|§ 47C-2-111 - Alterations of units.

 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 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 appearance of the common elements or the exterior appearance of a unit or any other portion of the condominium without permission of the association; and(3) May, after acquiring an adjoining unit, remove or alter any intervening partition or create apertures therein, even if the partition is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this paragraph is not an alteration of boundaries. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
NC Gen Stat § 47C-2-112 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 2 - Creation, Alteration, and Termination of Condominiums.|§ 47C-2-112 - Relocation of boundaries between adjoining units.

 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 association by the owners of those units. Any such application to the association must be in such form and contain such data as may be reasonably required by the association and be accompanied by a plat prepared by an architect licensed under the provisions of Chapter 83 [83A] of the General Statutes or an engineer registered under the provisions of Chapter 89C of the General Statutes detailing the relocation of the boundaries between the affected units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the executive board determines within 30 days that the reallocations are unreasonable, the association, at the expense of the owners filing the application, shall prepare and record an amendment to the declaration that identifies the units involved, states the reallocations, is executed by those unit owners and the association, contains words of conveyance, and is indexed in the name of the grantor and the grantee by the register of deeds.(b) The association, at the expense of the unit owners filing the application, shall prepare and record plats or plans necessary to show the altered boundaries between adjoining units and their dimensions and identifying numbers. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
NC Gen Stat § 47C-2-113 (2021)
2021 North Carolina General Statutes|Chapter 47C - North Carolina Condominium Act|Article 2 - Creation, Alteration, and Termination of Condominiums.|§ 47C-2-113 - Subdivision of units.

 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 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, and record an amendment to the declaration, including the plats and plans, subdividing that unit.(b) The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit. (1985 (Reg. Sess., 1986), c. 877, s. 1.)