§47A‑36. Time to vacate; right of first refusal to purchase.
(a) A declarant of acondominium containing conversion buildings, and any person in the business ofselling real estate for his own account who intends to offer units in such acondominium, shall provide each of the residential tenants and any residentialsubtenant in possession of a portion of a conversion building notice of theconversion as well as an offering statement as provided in G.S. 47A‑35 nolater than 90 days before the tenant or subtenant are required to vacate. Thenotice shall set forth generally the rights of tenants and subtenants underthis section and section (b) of G.S. 47A‑36. This notice shall be hand‑deliveredto the unit or mailed by prepaid United States mail to the tenant and subtenantat 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 disturbsother tenants' peaceful enjoyment of the premises or breach of lease givingrise to the right of repossession of the unit by the declarant, and the termsof the tenancy may not be altered during that period. Failure to give notice asrequired by this section is a defense to an action for possession.
(b) For 30 days afterthe delivery of the notice described in subsection (a), the person required togive the notice shall offer to convey each unit or proposed unit occupied forresidential use to the tenant who leases that unit. The tenant can accept anoffer under this section by entering into an agreement to purchase within the30‑day period. The tenant shall be allowed a 30‑day period afteracceptance in which to complete a purchase transaction. This subsection does notapply to any unit in a conversion building if that unit will be restrictedexclusively to nonresidential use or the boundaries of the converted unit donot substantially conform to the dimensions of the residential unit beforeconversion.
(c) If a declarant, inviolation of subsection (b), conveys a unit to a purchaser, recordation of thedeed conveying the unit extinguishes any right a tenant may have undersubsection (b) to purchase that unit, but does not affect any other right of atenant. (1983, c. 624, s. 1.)
§47A‑36. Time to vacate; right of first refusal to purchase.
(a) A declarant of acondominium containing conversion buildings, and any person in the business ofselling real estate for his own account who intends to offer units in such acondominium, shall provide each of the residential tenants and any residentialsubtenant in possession of a portion of a conversion building notice of theconversion as well as an offering statement as provided in G.S. 47A‑35 nolater than 90 days before the tenant or subtenant are required to vacate. Thenotice shall set forth generally the rights of tenants and subtenants underthis section and section (b) of G.S. 47A‑36. This notice shall be hand‑deliveredto the unit or mailed by prepaid United States mail to the tenant and subtenantat 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 disturbsother tenants' peaceful enjoyment of the premises or breach of lease givingrise to the right of repossession of the unit by the declarant, and the termsof the tenancy may not be altered during that period. Failure to give notice asrequired by this section is a defense to an action for possession.
(b) For 30 days afterthe delivery of the notice described in subsection (a), the person required togive the notice shall offer to convey each unit or proposed unit occupied forresidential use to the tenant who leases that unit. The tenant can accept anoffer under this section by entering into an agreement to purchase within the30‑day period. The tenant shall be allowed a 30‑day period afteracceptance in which to complete a purchase transaction. This subsection does notapply to any unit in a conversion building if that unit will be restrictedexclusively to nonresidential use or the boundaries of the converted unit donot substantially conform to the dimensions of the residential unit beforeconversion.
(c) If a declarant, inviolation of subsection (b), conveys a unit to a purchaser, recordation of thedeed conveying the unit extinguishes any right a tenant may have undersubsection (b) to purchase that unit, but does not affect any other right of atenant. (1983, c. 624, s. 1.)
§47A‑36. Time to vacate; right of first refusal to purchase.
(a) A declarant of acondominium containing conversion buildings, and any person in the business ofselling real estate for his own account who intends to offer units in such acondominium, shall provide each of the residential tenants and any residentialsubtenant in possession of a portion of a conversion building notice of theconversion as well as an offering statement as provided in G.S. 47A‑35 nolater than 90 days before the tenant or subtenant are required to vacate. Thenotice shall set forth generally the rights of tenants and subtenants underthis section and section (b) of G.S. 47A‑36. This notice shall be hand‑deliveredto the unit or mailed by prepaid United States mail to the tenant and subtenantat 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 disturbsother tenants' peaceful enjoyment of the premises or breach of lease givingrise to the right of repossession of the unit by the declarant, and the termsof the tenancy may not be altered during that period. Failure to give notice asrequired by this section is a defense to an action for possession.
(b) For 30 days afterthe delivery of the notice described in subsection (a), the person required togive the notice shall offer to convey each unit or proposed unit occupied forresidential use to the tenant who leases that unit. The tenant can accept anoffer under this section by entering into an agreement to purchase within the30‑day period. The tenant shall be allowed a 30‑day period afteracceptance in which to complete a purchase transaction. This subsection does notapply to any unit in a conversion building if that unit will be restrictedexclusively to nonresidential use or the boundaries of the converted unit donot substantially conform to the dimensions of the residential unit beforeconversion.
(c) If a declarant, inviolation of subsection (b), conveys a unit to a purchaser, recordation of thedeed conveying the unit extinguishes any right a tenant may have undersubsection (b) to purchase that unit, but does not affect any other right of atenant. (1983, c. 624, s. 1.)
