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2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-5 - Nature and incidents of unit ownership.

§ 47A-5. Nature and incidents of unit ownership.
Unit ownership as created and defined in this Article shall vest in the holder exclusive ownership and possession with all the incidents of real property. A condominium unit in the building may be individually conveyed, leased and encumbered and may be inherited or devised by will, as if it were solely and entirely independent of the other condominium units in the building of which it forms a part. Such a unit may be held and owned by more than one person either as tenants in common or tenants by the entirety or in any other manner recognized under the laws of this State. (1963, c. 685, s. 5; 1983, c. 624, s. 2.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-6 - Undivided interests in common areas and facilities; ratio fixed in declaration; conveyance with unit.

§ 47A-6. Undivided interests in common areas and facilities; ratio fixed in declaration; conveyance with unit.
(a) Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the ratio expressed in the declaration. Such ratio shall be in the approximate relation that the fair market value of the unit at the date of the declaration bears to the then aggregate fair market value of all the units having an interest in said common areas and facilities.
(b) The ratio of the undivided interest of each unit owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered except with the unanimous consent of all unit owners expressed in an amended declaration duly recorded.
(c) The undivided interest in the common areas and facilities shall not be separated from the unit to which it appertains and shall be deemed conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument. (1963, c. 685, s. 6.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-7 - Common areas and facilities not subject to partition or division.

§ 47A-7. Common areas and facilities not subject to partition or division.
The common areas and facilities shall remain undivided and no unit owner or any other person shall bring any action for partition or division of any part thereof, unless the property has been removed from the provisions of this Article as provided in G.S. 47A-16 and 47A-25. Any covenant to the contrary shall be null and void. This restraint against partition shall not apply to the individual condominium unit. (1963, c. 685, s. 7; 1983, c. 624, s. 2.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-8 - Use of common areas and facilities.

§ 47A-8. Use of common areas and facilities.
Each unit owner may use the common areas and facilities in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other unit owners. (1963, c. 685, s. 8.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-9 - Maintenance, repair and improvements to common areas and facilities; access to units for repairs.

§ 47A-9. Maintenance, repair and improvements to common areas and facilities; access to units for repairs.
The necessary work of maintenance, repair, and replacement of the common areas and facilities and the making of any additions or improvements thereto shall be carried out only as provided herein and in the bylaws. The association of unit owners shall have the irrevocable right, to be exercised by the manager or board of directors, or other managing body as provided in the bylaws, to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the common areas and facilities therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the common areas and facilities or to another unit or units. (1963, c. 685, s. 9.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-10 - Compliance with bylaws, regulations and covenants; damages; injunctions.

§ 47A-10. Compliance with bylaws, regulations and covenants; damages; injunctions.
Each unit owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions and restrictions set forth in the declaration or in the deed to his unit. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief, or both, maintainable by the manager or board of directors on behalf of the association of unit owners or, in a proper case, by an aggrieved unit owner. (1963, c. 685, s. 10.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-11 - Unit owners not to jeopardize safety of property or impair easements.

§ 47A-11. Unit owners not to jeopardize safety of property or impair easements.
No unit owner shall do any work which would jeopardize the soundness or safety of the property or impair any easement or hereditament without in every such case the unanimous consent of all the other unit owners affected being first obtained. (1963, c. 685, s. 11.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-12 - Unit owners to contribute to common expenses; distribution of common profits.

§ 47A-12. Unit owners to contribute to common expenses; distribution of common profits.
The unit owners are bound to contribute pro rata, in the percentages computed according to G.S. 47A-6 of this Article, toward the expenses of administration and of maintenance and repair of the general common areas and facilities and, in proper cases of the limited common areas and facilities, of the building and toward any other expense lawfully agreed upon. No unit owner may exempt himself from contributing toward such expense by waiver of the use or enjoyment of the common areas and facilities or by abandonment of the unit belonging to him.
Provided, however, that the common profits of the property, if any, shall be distributed among the unit owners according to the percentage of the undivided interest in the common areas and facilities. (1963, c. 685, s. 12; 1983, c. 624, s. 2.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-13 - Declaration creating unit ownership; contents; recordation.

§ 47A-13. Declaration creating unit ownership; contents; recordation.
The declaration creating and establishing unit ownership as provided in G.S. 47A-3 of this Article, shall be recorded in the office of the county register of deeds and shall contain the following particulars:
(1) Description of the land on which the building and improvements are or are to be located.
(2) Description of the building, stating the number of stories and basements, the number of units, and the principal materials of which it is constructed.
(3) The unit designation of each unit, and a statement of its location, approximate area, number of rooms, and immediate common area to which it has access, and any other data necessary for its proper identification.
(4) Description of the general common areas and facilities and the proportionate interest of each unit owner therein.
(5) Description of the limited common areas and facilities, if any, stating what units shall share the same and in what proportion.
(6) Statement of the purpose for which the building and each of the units are intended and restricted as to use.
(7) The name of a person to receive service of process in the cases hereinafter provided, together with the residence or the place of business of such person which shall be within the city and county in which the building is located.
(8) Any further details in connection with the property which the person executing the declaration may deem desirable to set forth consistent with this Article.
(9) The method by which the declaration may be amended, consistent with the provisions of this Article. (1963, c. 685, s. 13; 1983, c. 624, s. 2.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-14.1 - Deeds conveying units.

§ 47A-14.1. Deeds conveying units.
(a) Any conveyance of a condominium unit executed on or after October 1, 1981, which complies with the general requirements of the laws of this State concerning conveyances of real property shall be valid.
(b) All conveyances of condominium units executed before October 1, 1981, which comply with the general requirements of the laws of this State concerning conveyances of real property shall be valid even though such conveyances failed to comply with one or more of the particulars set out in former G.S. 47A-14. (1981, c. 527, ss. 2, 3.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-15 - Plans of building to be attached to declaration; recordation; certificate of architect or engineer.

§ 47A-15. Plans of building to be attached to declaration; recordation; certificate of architect or engineer.
(a) There shall be attached to the declaration, at the time it is filed for record, a full and exact copy of the plans of the building, which copy of plans shall be entered of record along with the declaration. Said plans shall show graphically all particulars of the building, including, but not limited to, the layout, location, ceiling and floor elevations, unit numbers and dimensions of the units, stating the name of the building or that it has no name, area and location of the common areas and facilities affording access to each unit, and such plans shall bear the verified statement of a registered architect or licensed professional engineer certifying that it is an accurate copy of portions of the plans of the building as filed with and approved by the municipal or other governmental subdivision having jurisdiction over the issuance of permits for the construction of buildings. If such plans do not include a verified statement by such architect or engineer that such plans fully and accurately depict the layout, location, ceiling and floor elevations, unit numbers and dimensions of the units, as built, there shall be recorded prior to the first conveyance of any unit an amendment to the declaration to which shall be attached a verified statement of a registered architect or licensed professional engineer certifying that the plans theretofore filed, or being filed simultaneously with such amendment, fully depict the layout, ceiling and floor elevations, unit numbers and dimensions of the units as built. Such plans shall be kept by the register of deeds in a separate file, indexed in the same manner as a conveyance entitled to record, numbered serially in the order of receipt, each designated "Unit Ownership," with the name of the building, if any, and each containing a reference to the book and page numbers and date of the recording of the declaration.
(b) In order to be recorded, plans filed for recording pursuant to subsection (a) shall:
(1) Be reproducible plans on cloth, linen, film or other permanent material and be submitted in that form; and
(2) Have an outside marginal size of not more than 21 inches by 30 inches nor less than eight and one-half inches by 11 inches, including one and one-half inches for binding on the left margin and a one-half inch border on each of the other sides. Where size of the buildings, or suitable scale to assure legibility require, plans may be placed on two or more sheets with appropriate match lines.
(c) The fee for recording each plan sheet submitted pursuant to subsection (a) shall be as prescribed by G.S. 161-10(a)(3). (1963, c. 685, s. 15; 1981, c. 587.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-16 - Termination of unit ownership; consent of lienholders; recordation of instruments.

§ 47A-16. Termination of unit ownership; consent of lienholders; recordation of instruments.
(a) All of the unit owners may remove a property from the provisions of this Article by an instrument to that effect, duly recorded, provided that the holders of all liens, affecting any of the units consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest of the unit owner in the property as hereinafter provided.
(b) Upon removal of the property from the provisions of this Article, the property shall be deemed to be owned as tenants in common by the unit owners. The undivided interest in the property owned as tenants in common which shall appertain to each unit owner shall be the percentage of the undivided interest previously owned by such unit owner in the common areas and facilities. (1963, c. 685, s. 16; 1983, c. 624, s. 2.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-17 - Termination of unit ownership; no bar to reestablishment.

§ 47A-17. Termination of unit ownership; no bar to reestablishment.
The removal provided for in G.S. 47A-16 shall in no way bar the subsequent resubmission of the property to the provisions of this Article. (1963, c. 685, s. 17; 1983, c. 624, s. 2; 2002-159, s. 10.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-18 - Bylaws; annexed to declaration; amendments.

§ 47A-18. Bylaws; annexed to declaration; amendments.
The administration of every property shall be governed by bylaws, a true copy of which shall be annexed to the declaration. No modification of or amendment to the bylaws shall be valid, unless set forth in an amendment to the declaration and such amendment is duly recorded. (1963, c. 685, s. 18; 1973, c. 734.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-19 - Bylaws; contents.

§ 47A-19. Bylaws; contents.
The bylaws shall provide for the following:
(1) Form of administration, indicating whether this shall be in charge of an administrator, manager, or of a board of directors or board of administration, independent corporate body, or otherwise, and specifying the powers, manner of removal, and, where proper, the compensation thereof.
(2) Method of calling or summoning the unit owners to assemble; what percentage, if other than a majority of unit owners, shall constitute a quorum; who is to preside over the meeting and who will keep the minute book wherein the resolutions shall be recorded.
(3) Maintenance, repair and replacement of the common areas and facilities and payments therefor, including the method of approving payment vouchers.
(4) Manner of collecting from the unit owners their share of the common expenses.
(5) Designation and removal of personnel necessary for the maintenance, repair and replacement of the common areas and facilities.
(6) Method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities.
(7) Such restrictions on and requirements respecting the use and maintenance of the units and the use of the common areas and facilities, not set forth in the declaration, as are designed to prevent unreasonable interference with the use of their respective units and of the common areas and facilities by the several unit owners.
(8) The percentage of votes required to amend the bylaws, and a provision that such amendment shall not become operative unless set forth in an amended declaration and duly recorded.
(9) A provision that all unit owners shall be bound to abide by any amendment upon the same being passed and duly set forth in an amended declaration, duly recorded.
(10) Other provisions as may be deemed necessary for the administration of the property consistent with this Article. (1963, c. 685, s. 19; 1983, c. 624, s. 2.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-20 - Records of receipts and expenditures; availability for examination; annual audit.

§ 47A-20. Records of receipts and expenditures; availability for examination; annual audit.
The manager or board of directors, or other form of administration provided in the bylaws, as the case may be, shall keep detailed, accurate records in chronological order of the receipts and expenditures affecting the common areas and facilities, specifying and identifying the maintenance and repair expenses of the common areas and facilities and any other expense incurred. Both said book and the vouchers accrediting the entries thereupon shall be available for examination by all the unit owners, their duly authorized agents or attorneys, at convenient hours on working days that shall be set and announced for general knowledge. All books and records shall be kept in accordance with good and accepted accounting practices and an outside audit shall be made at least once a year. (1963, c. 685, s. 20.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-21 - Units taxed separately.

§ 47A-21. Units taxed separately.
Each condominium unit and its percentage of undivided interest in the common areas and facilities shall be deemed to be a parcel and shall be separately assessed and taxed by each assessing unit and special district for all types of taxes authorized by law including but not limited to special ad valorem levies and special assessments. Each unit holder shall be liable solely for the amount of taxes against his individual unit and shall not be affected by the consequences resulting from the tax delinquency of other unit holders. Neither the building, the property nor any of the common areas and facilities shall be deemed to be a parcel. (1963, c. 685, s. 21.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-22 - Liens for unpaid common expenses; recordation; priorities; foreclosure.

§ 47A-22. Liens for unpaid common expenses; recordation; priorities; foreclosure.
(a) Any sum assessed by the association of unit owners for the share of the common expenses chargeable to any unit, and remaining unpaid for a period of 30 days or longer, shall constitute a lien on such unit when filed of record in the office of the clerk of superior court of the county in which the property is located in the manner provided therefor by Article 8 of Chapter 44 of the General Statutes. Upon the same being duly filed, such lien shall be prior to all other liens except the following:
(1) Assessments, liens and charges for real estate taxes due and unpaid on the unit;
(2) All sums unpaid on deeds of trust, mortgages and other encumbrances duly of record against the unit prior to the docketing of the aforesaid lien.
(3) Materialmen's and mechanics' liens.
(b) Provided the same is duly filed in accordance with the provisions contained in subsection (a) of this section, a lien created by nonpayment of a unit owner's pro rata share of the common expenses may be foreclosed by suit by the manager or board of directors, acting on behalf of the unit owners, in like manner as a deed of trust or mortgage of real property. In any such foreclosure the unit owner shall be required to pay a reasonable rental for the unit, if so provided in the bylaws, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the same. The manager or board of directors, acting on behalf of the unit owners shall have power, unless prohibited by the declaration, to bid in the unit at foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. A suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing the same.
(c) Where the mortgagee of a first mortgage of record or other purchaser of a unit obtains title to the unit as a result of foreclosure of the first mortgage, such purchaser, his successors and assigns, shall not be liable for the share of the common expenses or assessments by the association of unit owners chargeable to such unit which became due prior to the acquisition of title to such unit by such purchaser. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the unit owners including such purchaser, his successors and assigns. (1963, c. 685, s. 22.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-23 - Liability of grantor and grantee of unit for unpaid common expenses.

§ 47A-23. Liability of grantor and grantee of unit for unpaid common expenses.
The grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his proportionate share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the manager or board of directors, as the case may be, setting forth the amount of the unpaid assessments against the grantor and such grantee shall not be liable for, nor shall the unit conveyed be subject to a lien for, any unpaid assessments in excess of the amount therein set forth. (1963, c. 685, s. 23.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-24 - Insurance on property; right to insure units.

§ 47A-24. Insurance on property; right to insure units.
The manager of the board of directors, or other managing body, if required by the declaration, bylaws or by a majority of the unit owners, shall have the authority to, and shall, obtain insurance for the property against loss or damage by fire and such other hazards under such terms and for such amounts as shall be required or requested. Such insurance coverage shall be written on the property in the name of such manager or of the board of directors of the association of unit owners, as trustee for each of the unit owners in the percentages established in the declaration. The trustee so named shall have the authority on behalf of the unit owners to deal with the insurer in the settlement of claims. The premiums for such insurance on the building shall be deemed common expenses. Provision for such insurance shall be without prejudice to the right of each unit owner to insure his own unit for his benefit. (1963, c. 685, s. 24.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-25 - Damage to or destruction of property; repair or restoration; partition sale on resolution not to restore.

§ 47A-25. Damage to or destruction of property; repair or restoration; partition sale on resolution not to restore.
Except as hereinafter provided, damage to or destruction of the building shall be promptly repaired and restored by the manager or board of directors, or other managing body, using the proceeds of insurance on the building for that purpose, and unit owners shall be liable for assessment for any deficiency; provided, however, if the building shall be more than two-thirds destroyed by fire or other disaster and the owners of three-fourths of the building duly resolve not to proceed with repair or restoration, then and in that event:
(1) The property shall be deemed to be owned as tenants in common by the unit owners;
(2) The undivided interest in the property owned by the unit owners as tenants in common which shall appertain to each unit owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities;
(3) Any liens affecting any of the units shall be deemed to be transferred in accordance with the existing priorities to the percentage of the undivided interest of the unit owner in the property as provided herein; and
(4) The property shall be subject to an action for sale for partition at the suit of any unit owner, in which event the net proceeds of sale, together with the net proceeds of insurance policies, if any, shall be considered as one fund and shall be divided among all the unit owners in proportion to their respective undivided ownership of the common areas and facilities, after first paying off, out of the respective shares of unit owners, to the extent sufficient for that purpose, all liens on the unit of each unit owner. (1963, c. 685, s. 25.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-26 - Actions as to common interests; service of process on designated agent; exhaustion of remedies against association.

§ 47A-26. Actions as to common interests; service of process on designated agent; exhaustion of remedies against association.
Without limiting the rights of any unit owner, actions may be brought by the manager or board of directors, in either case in the discretion of the board of directors, on behalf of two or more of the unit owners, as their respective interests may appear, with respect to any course of action relating to the common areas and facilities or more than one unit. Service of process on two or more unit owners in any action relating to the common areas and facilities or more than one unit may be made on the person designated in the declaration to receive service of process. Any individual, corporation, partnership, association, trustee, or other legal entity claiming damages for injuries without any participation by a unit owner shall first exhaust all available remedies against the association of unit owners prior to proceeding against any unit owner individually. (1963, c. 685, s. 26.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-27 - Zoning regulations governing condominium projects.

§ 47A-27. Zoning regulations governing condominium projects.
Whenever they deem it proper, the planning and zoning commission of any county or municipality may adopt supplemental rules and regulations governing a condominium project established under this Article in order to implement this program. (1963, c. 685, s. 27; 1983, c. 624, s. 2.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 1 - Unit Ownership Act. › § 47A-28 - Persons subject to Article, declaration and bylaws; effect of decisions of association of unit owners.

§ 47A-28. Persons subject to Article, declaration and bylaws; effect of decisions of association of unit owners.
(a) All unit owners, tenants of such owners, employees of owners and tenants, or any other persons that may in any manner use the property or any part thereof submitted to the provisions of this Article, shall be subject to this Article and to the declaration and bylaws of the association of unit owners adopted pursuant to the provisions of this Article.
(b) All agreements, decisions and determinations lawfully made by the association of unit owners in accordance with the voting percentages established in the Article, declaration or bylaws, shall be deemed to be binding on all unit owners. (1963, c. 685, s. 28; 1983, c. 624, s. 2.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 2 - Renters in Conversion Buildings Protected. › § 47A-34 - Definitions.

§ 47A-34. Definitions.
The definitions set out in G.S. 47A-3 also apply to this Article. As used in this Article, unless the context requires otherwise, the term:
(1) "Conversion building" means a building that at any time before creation of the condominium was occupied wholly or partially by persons other than purchasers and persons who occupy with the consent of purchasers.
(2) "Declarant" means any person or group of persons acting in concert who, as part of a common promotional plan, offers to dispose of his or its interest in a unit not previously disposed of.
(3) "Dispose" or "disposition" means a voluntary transfer to a purchaser of any legal or equitable interest in a unit, but does not include the transfer or release of a security interest.
(4) "Offering" means any advertisement, inducement, solicitation, or attempt to encourage any person to acquire any interest in a unit, other than as security for an obligation.
(5) "Residential purposes" means use for dwelling or recreational purposes, or both. (1983, c. 624, s. 1.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 2 - Renters in Conversion Buildings Protected. › § 47A-35 - Offering statement.

§ 47A-35. Offering statement.
An offering statement must contain or fully and accurately disclose:
(1) The name and principal address of the declarant;
(2) A general description of the condominium including, to the extent possible, a listing of any improvements and amenities that declarant anticipates including in the condominium, and declarant's schedule of completion of construction on buildings;
(3) The terms and significant limitations of any warranties provided by the declarant; and
(4) Any other information made available to the general public in connection with the offering. (1983, c. 624, s. 1.)
2023 North Carolina General Statutes › Chapter 47A - Unit Ownership › Article 2 - Renters in Conversion Buildings Protected. › § 47A-36 - Time to vacate; right of first refusal to purchase.

§ 47A-36. Time to vacate; right of first refusal to purchase.
(a) A declarant of a condominium containing conversion buildings, and any person in the business of selling real estate for his own account who intends to offer units in such a condominium, shall provide each of the residential tenants and any residential subtenant in possession of a portion of a conversion building notice of the conversion as well as an offering statement as provided in G.S. 47A-35 no later than 90 days before the tenant or subtenant are required to vacate. The notice shall set forth generally the rights of tenants and subtenants under this section and section (b) of G.S. 47A-36. This notice shall be hand-delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. No tenant or subtenant may be required to vacate upon less than 90 days' notice, except by reason of nonpayment of rent, waste, conduct that disturbs other tenants' peaceful enjoyment of the premises or breach of lease giving rise to the right of repossession of the unit by the declarant, and the terms of the tenancy may not be altered during that period. Failure to give notice as required by this section is a defense to an action for possession.
(b) For 30 days after the delivery of the notice described in subsection (a), the person required to give the notice shall offer to convey each unit or proposed unit occupied for residential use to the tenant who leases that unit. The tenant can accept an offer under this section by entering into an agreement to purchase within the 30-day period. The tenant shall be allowed a 30-day period after acceptance in which to complete a purchase transaction. This subsection does not apply to any unit in a conversion building if that unit will be restricted exclusively to nonresidential use or the boundaries of the converted unit do not substantially conform to the dimensions of the residential unit before conversion.
(c) If a declarant, in violation of subsection (b), conveys a unit to a purchaser, recordation of the deed conveying the unit extinguishes any right a tenant may have under subsection (b) to purchase that unit, but does not affect any other right of a tenant. (1983, c. 624, s. 1.)
2023 North Carolina General Statutes › Chapter 47B - Real Property Marketable Title Act › § 47B-1 - Declaration of policy and statement of purpose.

§ 47B-1. Declaration of policy and statement of purpose.
It is hereby declared as a matter of public policy by the General Assembly of the State of North Carolina that:
(1) Land is a basic resource of the people of the State of North Carolina and should be made freely alienable and marketable so far as is practicable.
(2) Nonpossessory interests in real property, obsolete restrictions and technical defects in titles which have been placed on the real property records at remote times in the past often constitute unreasonable restraints on the alienation and marketability of real property.
(3) Such interests and defects are prolific producers of litigation to clear and quiet titles which cause delays in real property transactions and fetter the marketability of real property.
(4) Real property transfers should be possible with economy and expediency. The status and security of recorded real property titles should be determinable from an examination of recent records only.
It is the purpose of the General Assembly of the State of North Carolina to provide that if a person claims title to real property under a chain of record title for 30 years, and no other person has filed a notice of any claim of interest in the real property during the 30-year period, then all conflicting claims based upon any title transaction prior to the 30-year period shall be extinguished. (1973, c. 255, s. 1.)
2023 North Carolina General Statutes › Chapter 47B - Real Property Marketable Title Act › § 47B-2 - Marketable record title to estate in real property; 30-year unbroken chain of title of record; effect of marketable title.

§ 47B-2. Marketable record title to estate in real property; 30-year unbroken chain of title of record; effect of marketable title.
(a) Any person having the legal capacity to own real property in this State, who, alone or together with his predecessors in title, shall have been vested with any estate in real property of record for 30 years or more, shall have a marketable record title to such estate in real property.
(b) A person has an estate in real property of record for 30 years or more when the public records disclose a title transaction affecting the title to the real property which has been of record for not less than 30 years purporting to create such estate either in:
(1) The person claiming such estate; or
(2) Some other person from whom, by one or more title transactions, such estate has passed to the person claiming such estate;
with nothing appearing of record, in either case, purporting to divest such claimant of the estate claimed.
(c) Subject to the matters stated in G.S. 47B-3, such marketable record title shall be free and clear of all rights, estates, interests, claims or charges whatsoever, the existence of which depends upon any act, title transaction, event or omission that occurred prior to such 30-year period. All such rights, estates, interests, claims or charges, however denominated, whether such rights, estates, interests, claims or charges are or appear to be held or asserted by a person sui juris or under a disability, whether such person is natural or corporate, or is private or governmental, are hereby declared to be null and void.
(d) In every action for the recovery of real property, to quiet title, or to recover damages for trespass, the establishment of a marketable record title in any person pursuant to this statute shall be prima facie evidence that such person owns title to the real property described in his record chain of title. (1973, c. 255, s. 1; c. 881; 1981, c. 682, s. 11.)
2023 North Carolina General Statutes › Chapter 47B - Real Property Marketable Title Act › § 47B-4 - Preservation by notice; contents; recording; indexing.

§ 47B-4. Preservation by notice; contents; recording; indexing.
(a) Any person claiming a right, estate, interest or charge which would be extinguished by this Chapter may preserve the same by registering within such 30-year period a notice in writing, duly acknowledged, in the office of the register of deeds for the county in which the real property is situated, setting forth the nature of such claim, which notice shall have the effect of preserving such claim for a period of not longer than 30 years after registering the same unless again registered as required herein. No disability or lack of knowledge of any kind on the part of any person shall delay the commencement of or suspend the running of said 30-year period. Such notice may be registered by the claimant or by any other person acting on behalf of any claimant who is
(1) Under a disability;
(2) Unable to assert a claim on his behalf; or
(3) One of a class, but whose identity cannot be established or is uncertain at the time of filing such notice of claim for record.
(b) To be effective and to be entitled to registration, such notice shall contain an accurate and full description of all real property affected by such notice, which description shall be set forth in particular terms and not be by general reference; but if such claim is founded upon a recorded instrument, then the description in such notice may be the same as that contained in the recorded instrument. Such notice shall also contain the name of any record owner of the real property at the time the notice is registered and a statement of the claim showing the nature, description and extent of such claim. The register of deeds of each county shall accept all such notices presented to him which are duly acknowledged and certified for recordation and shall enter and record full copies thereof in the same way that deeds and other instruments are recorded, and each register of deeds shall be entitled to charge the same fees for the recording thereof as are charged for the recording of deeds. In indexing such notices in his office each register of deeds shall enter such notices under the grantee indexes of deeds under the names of persons on whose behalf such notices are executed and registered and under the grantor indexes of deeds under the names of the record owners of the possessory estates in the real property to be affected against whom the claim is to be preserved at the time of the registration. (1973, c. 255, s. 1.)
2023 North Carolina General Statutes › Chapter 47B - Real Property Marketable Title Act › § 47B-5 - Extension of time for registering notice of claims which Chapter would otherwise bar.

§ 47B-5. Extension of time for registering notice of claims which Chapter would otherwise bar.
If the 30-year period specified in this Chapter shall have expired prior to October 1, 1973, no right, estate, interest, claim or charge shall be barred by G.S. 47B-2 until October 1, 1976, and any right, estate, interest, claim or charge that would otherwise be barred by G.S. 47B-2 may be preserved and kept effective by the registration of a notice of claim as set forth in G.S. 47B-4 of this Chapter prior to October 1, 1976. (1973, c. 255, s. 1.)
2023 North Carolina General Statutes › Chapter 47B - Real Property Marketable Title Act › § 47B-6 - Registering false claim.

§ 47B-6. Registering false claim.
No person shall use the privilege of registering notices hereunder for the purpose of asserting false or fictitious claims to real property; and in any action relating thereto if the court shall find that any person has intentionally registered a false or fictitious claim, the court may award to the prevailing party all costs incurred by him in such action, including a reasonable attorney's fee, and in addition thereto may award to the prevailing party treble the damages that he may have sustained as a result of the registration of such notice of claim. (1973, c. 255, s. 1.)
2023 North Carolina General Statutes › Chapter 47B - Real Property Marketable Title Act › § 47B-7 - Limitations of actions and recording acts.

§ 47B-7. Limitations of actions and recording acts.
Nothing contained in this Chapter shall be construed to extend the period for the bringing of an action or for the doing of any other required act under the statutes of limitations, nor, except as herein specifically provided, to affect the operation of any statutes governing the effect of the registering or the failure to register any instrument affecting real property. (1973, c. 255, s. 1.)
2023 North Carolina General Statutes › Chapter 47B - Real Property Marketable Title Act › § 47B-8 - Definitions.

§ 47B-8. Definitions.
As used in this Chapter:
(1) The term "person" denotes singular or plural, natural or corporate, private or governmental, including the State and any political subdivision or agency thereof, and a partnership, unincorporated association, or other entity capable of owning an interest in real property.
(2) The term "title transaction" means any transaction affecting title to any interest in real property, including but not limited to title by will or descent, title by tax deed, or by trustee's, referee's, commissioner's, guardian's, executor's, administrator's, or sheriff's deed, contract, lease or reservation, or judgment or order of any court, as well as warranty deed, quitclaim deed, or mortgage. (1973, c. 255, s. 1.)
2023 North Carolina General Statutes › Chapter 47B - Real Property Marketable Title Act › § 47B-9 - Chapter to be liberally construed.

§ 47B-9. Chapter to be liberally construed.
This Chapter shall be liberally construed to effect the legislative purpose of simplifying and facilitating real property title transactions by allowing persons to rely on a record chain of title of 30 years as described in G.S. 47B-2, subject only to such limitations as appear in G.S. 47B-3. (1973, c. 255, s. 1.)
2023 North Carolina General Statutes › Chapter 47C - North Carolina Condominium Act › Article 1 - General Provisions. › § 47C-1-101 - Short title.

§ 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.)
2023 North Carolina General Statutes › Chapter 47C - North Carolina Condominium Act › Article 1 - General Provisions. › § 47C-1-102 - Applicability.

§ 47C-1-102. 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 the bylaws and notwithstanding any references in those documents to Chapter 47A of the General Statutes: G.S. 47C-1-105 (Separate Titles and Taxation), 47C-1-106 (Applicability of Local Ordinances, Regulations, and Building Codes), 47C-1-107 (Eminent Domain), 47C-2-103 (Construction and Validity of Declaration and Bylaws), 47C-2-104 (Description of Units), 47C-2-121 (Merger or Consolidation of Condominiums), 47C-3-102(a)(1) through (6) and (11) through (16)(Powers of Unit Owners' Association), 47C-3-103 (Executive board members and officers), 47C-3-107.1 (Procedures for fines and suspension of condominium privileges or services), 47C-3-108 (Meetings), 47C-3-111 (Tort and Contract Liability), 47C-3-112 (Conveyance or Encumbrance of Common Elements), 47C-3-116 (Lien for Assessments), 47C-3-118 (Association Records), 47C-3-121 (American and State flags and political sign displays), and 47C-4-117 (Effect of Violation on Rights of Action; Attorney's Fees). These sections apply only with respect to events and circumstances occurring after October 1, 1986. G.S. 47C-1-103 (Definitions) also applies to all condominiums created in this State on or before October 1, 1986, to the extent necessary in construing any of the sections referenced in this subsection.
(b) The provisions of Chapter 47A, the Unit Ownership Act, do not apply to condominiums created after October 1, 1986 and do not invalidate any amendment to the declaration, bylaws, and plats and plans of any condominium created on or before October 1, 1986 if the amendment would be permitted by this chapter. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by Chapter 47A, the Unit Ownership Act. If the amendment grants to any person any rights, powers, or privileges permitted by this chapter, all correlative obligations, liabilities, and restrictions in this chapter also apply to that person.
(c) This chapter does not apply to condominiums or units located outside this State, but the public offering statement provisions (G.S. 47C-4-102 through 47C-4-108) apply to all contracts for the dispositions thereof signed in this State by any party unless exempt under G.S. 47C-4-101(b). (1985 (Reg. Sess., 1986), c. 877, s. 1; 1995, c. 509, s. 135.1(h); 2002-112, s. 1; 2004-109, s. 1; 2005-422, s. 19; 2022-12, s. 3(a).)
2023 North Carolina General Statutes › Chapter 47C - North Carolina Condominium Act › Article 1 - General Provisions. › § 47C-1-104 - Variation; power of attorney or proxy to declarant.

§ 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.
(b) The provisions of this chapter may not be varied by agreement; however, after breach of a provision of this chapter, rights created hereunder may be knowingly waived in writing.
(c) If a declarant, in good faith, has attempted to comply with the requirements of this chapter and has substantially complied with the chapter, nonmaterial errors or omissions shall not be actionable.
(d) Notwithstanding any other provision of this chapter, a declarant may not act under a power of attorney or proxy or use any other device to evade the limitations or prohibitions of this chapter, the declaration, or the bylaws. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
2023 North Carolina General Statutes › Chapter 47C - North Carolina Condominium Act › Article 1 - General Provisions. › § 47C-1-105 - Separate titles and taxation.

§ 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, 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 taxed and assessed, and no separate tax or assessment may be rendered against any common elements for which a declarant has reserved no developmental rights.
(c) Any portion of the common elements for which the declarant has reserved any developmental right must be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes.
(d) If there is no unit owner other than a declarant, the real estate comprising the condominium may be taxed and assessed in any manner provided by law.
(e) Except as provided in subsection (c) of this section, extraterritorial common property taxed pursuant to G.S. 105-277.8 shall be assessed, pro rata, among the unit owners based on the number of the units in the association. (1985 (Reg. Sess., 1986), c. 877, s. 1; 2012-157, s. 2.)
2023 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.)