North Carolina General Statutes § 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 words "a condominium", and the name of the association;

(2)        The name of every county in which any part of the condominium is situated;

(3)        A legally sufficient description of the real estate included in the condominium;

(4)        A statement of the maximum number of units which the declarant reserves the right to create;

(5)        A description (by reference to the plats or plans described in G.S. 47C-2-109) of the boundaries of each unit created by the declaration, including the unit's identifying number;

(6)        A description of any limited common elements, other than those specified in subsections 47C-2-102(2) and (4), as provided in G.S. 47C-2-109(b)(7);

(7)        A description of any real estate (except real estate subject to development rights) which may be allocated subsequently as limited common elements, other than limited common elements specified in subsections 47C-2-102(2) and (4), together with a statement that they may be so allocated;

(8)        A description of any development rights and other special declarant rights reserved by the declarant, together with a legally sufficient description of the real estate to which each of those rights applies, and a time limit within which each of those rights must be exercised;

(9)        If any development right may be exercised with respect to different parcels of real estate at different times, a statement to that effect, together with (i) either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right or a statement that no assurances are made in those regards, and (ii) a statement as to whether, if any development right is exercised in any portion of the real estate subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real estate;

(10)      Any other conditions or limitations under which the rights described in paragraph (8) may be exercised or will lapse;

(11)      An allocation to each unit of the allocated interests in the manner described in G.S. 47C-2-107;

(12)      Any restrictions on use, occupancy, or alienation of the units;

(13)      The recording data for recorded easements and licenses appurtenant to or included in the condominium or to which any portion of the condominium is or may become subject by virtue of a reservation in the declaration; and

(14)      All matters required by G.S. 47C-2-106, 47C-2-107, 47C-2-108, 47C-2-109, 47C-2-115, 47C-2-116, and 47C-3-103(d).

(b)        The declaration may contain any other matters the declarant deems appropriate. (1985 (Reg. Sess., 1986), c. 877, s. 1.)

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Last modified: March 23, 2014