State Codes and Statutes

Statutes > North-carolina > Chapter_47C > GS_47C-2-105

§ 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 thecondominium is situated;

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

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

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

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

(7)        A description of any real estate (except real estate subjectto development rights) which may be allocated subsequently as limited commonelements, 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 specialdeclarant rights reserved by the declarant, together with a legally sufficientdescription of the real estate to which each of those rights applies, and atime limit within which each of those rights must be exercised;

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

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

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

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

(13)      The recording data for recorded easements and licensesappurtenant to or included in the condominium or to which any portion of thecondominium 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 declarantdeems appropriate. (1985 (Reg. Sess.,1986), c. 877, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_47C > GS_47C-2-105

§ 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 thecondominium is situated;

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

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

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

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

(7)        A description of any real estate (except real estate subjectto development rights) which may be allocated subsequently as limited commonelements, 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 specialdeclarant rights reserved by the declarant, together with a legally sufficientdescription of the real estate to which each of those rights applies, and atime limit within which each of those rights must be exercised;

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

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

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

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

(13)      The recording data for recorded easements and licensesappurtenant to or included in the condominium or to which any portion of thecondominium 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 declarantdeems appropriate. (1985 (Reg. Sess.,1986), c. 877, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47C > GS_47C-2-105

§ 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 thecondominium is situated;

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

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

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

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

(7)        A description of any real estate (except real estate subjectto development rights) which may be allocated subsequently as limited commonelements, 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 specialdeclarant rights reserved by the declarant, together with a legally sufficientdescription of the real estate to which each of those rights applies, and atime limit within which each of those rights must be exercised;

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

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

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

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

(13)      The recording data for recorded easements and licensesappurtenant to or included in the condominium or to which any portion of thecondominium 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 declarantdeems appropriate. (1985 (Reg. Sess.,1986), c. 877, s. 1.)