North Carolina General Statutes § 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)        Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners;

(3)        Hire and terminate managing agents and other employees, agents, and independent contractors;

(4)        Institute, defend, or intervene in its own name in litigation or administrative proceedings on matters affecting the condominium;

(5)        Make contracts and incur liabilities;

(6)        Regulate the use, maintenance, repair, replacement, and modification of common elements;

(7)        Cause additional improvements to be made as a part of the common elements;

(8)        Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, provided that common elements may be conveyed or subjected to a security interest only pursuant to G.S. 47C-3-112;

(9)        Grant easements, leases, licenses, and concessions through or over the common elements;

(10)      Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements other than limited common elements described in subsections 47C-2-102(2) and (4) and for services provided to unit owners;

(11)      Impose charges for late payment of assessments, not to exceed the greater of twenty dollars ($20.00) per month or ten percent (10%) of any assessment installment unpaid and, after notice and an opportunity to be heard, suspend privileges or services provided by the association (except rights of access to lots) during any period that assessments or other amounts due and owing to the association remain unpaid for a period of 30 days or longer, and levy reasonable fines not to exceed one hundred dollars ($100.00) (G.S. 47C-3-107.1) for violations of the declaration, bylaws, and rules and regulations of the association.

(12)      Impose reasonable charges for the preparation and recordation of amendments to the declaration, resale certificates required by G.S. 47C-4-109, or statements of unpaid assessments;

(13)      Provide for the indemnification of and maintain liability insurance for its officers, executive board, directors, employees and agents;

(14)      Assign its right to future income, including the right to receive common expense assessments.

(15)      Exercise all other powers that may be exercised in this State by legal entities of the same types as the association; and

(16)      Exercise any other powers necessary and proper for the governance and operation of the association.

(b)        Notwithstanding subsection (a), the declaration may not impose limitations on the power of the association to deal with the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons. (1985 (Reg. Sess., 1986), c. 877, s. 1; 2004-109, s. 2; 2005-422, ss. 10, 11.)

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Last modified: March 23, 2014