§ 47C‑3‑107. Upkeep; damages; assessments for damages, fines.
(a) Except as provided in G.S. 47C‑3‑113(h), theassociation is responsible for causing the common elements to be maintained,repaired, and replaced when necessary and to assess the unit owners asnecessary to recover the costs of such maintenance, repair, or replacementexcept that the cost of maintenance, repair or replacement of a limited commonelement shall be assessed as provided in G.S. 47C‑3‑115(b). Eachunit owner is responsible for maintenance, repair and replacement of his unit.Each unit owner shall afford to the association and when necessary to anotherunit owner access through his unit reasonably necessary for any suchmaintenance, repair or replacement activity.
(b) If damage, for which a unit owner is legally responsible andwhich is not covered by insurance provided by the association pursuant to G.S.47C‑3‑113 is inflicted on any common element, the association maydirect such unit owner to repair such damage or the association may itselfcause the repairs to be made and recover the costs thereof from the responsibleunit owner.
(c) If damage is inflicted on any unit by an agent of theassociation in the scope of his activities as such agent, the association isliable to repair such damage or to reimburse the unit owner for the cost ofrepairing such damages. The association shall also be liable for any losses tothe unit owner.
(d) The bylaws of the association may in cases when the claimunder subsection (b) or (c) is five hundred dollars ($500.00) or less providefor hearings before an adjudicatory panel to determine if a unit owner isresponsible for damages to any common element or whether the association isresponsible for damages to any unit. Such panel shall accord to the partycharged with causing damages notice of the charge, opportunity to be heard andto present evidence, and notice of the decision. This panel may assess aliability for each damage incident not in excess of five hundred dollars($500.00) against each unit owner charged or against the association.Liabilities of unit owners so assessed shall be assessments secured by lienunder G.S. 47C‑ 3‑116. Liabilities of the association may be offsetby the unit owner against sums owing the association and if so offset shallreduce the amount of any lien of the association against the unit at issue.
(e) The declarant alone is liable for maintenance, repair andall other expenses in connection with real estate subject to developmentrights. (1985 (Reg. Sess.,1986), c. 877, s. 1.)
§ 47C‑3‑107. Upkeep; damages; assessments for damages, fines.
(a) Except as provided in G.S. 47C‑3‑113(h), theassociation is responsible for causing the common elements to be maintained,repaired, and replaced when necessary and to assess the unit owners asnecessary to recover the costs of such maintenance, repair, or replacementexcept that the cost of maintenance, repair or replacement of a limited commonelement shall be assessed as provided in G.S. 47C‑3‑115(b). Eachunit owner is responsible for maintenance, repair and replacement of his unit.Each unit owner shall afford to the association and when necessary to anotherunit owner access through his unit reasonably necessary for any suchmaintenance, repair or replacement activity.
(b) If damage, for which a unit owner is legally responsible andwhich is not covered by insurance provided by the association pursuant to G.S.47C‑3‑113 is inflicted on any common element, the association maydirect such unit owner to repair such damage or the association may itselfcause the repairs to be made and recover the costs thereof from the responsibleunit owner.
(c) If damage is inflicted on any unit by an agent of theassociation in the scope of his activities as such agent, the association isliable to repair such damage or to reimburse the unit owner for the cost ofrepairing such damages. The association shall also be liable for any losses tothe unit owner.
(d) The bylaws of the association may in cases when the claimunder subsection (b) or (c) is five hundred dollars ($500.00) or less providefor hearings before an adjudicatory panel to determine if a unit owner isresponsible for damages to any common element or whether the association isresponsible for damages to any unit. Such panel shall accord to the partycharged with causing damages notice of the charge, opportunity to be heard andto present evidence, and notice of the decision. This panel may assess aliability for each damage incident not in excess of five hundred dollars($500.00) against each unit owner charged or against the association.Liabilities of unit owners so assessed shall be assessments secured by lienunder G.S. 47C‑ 3‑116. Liabilities of the association may be offsetby the unit owner against sums owing the association and if so offset shallreduce the amount of any lien of the association against the unit at issue.
(e) The declarant alone is liable for maintenance, repair andall other expenses in connection with real estate subject to developmentrights. (1985 (Reg. Sess.,1986), c. 877, s. 1.)
§ 47C‑3‑107. Upkeep; damages; assessments for damages, fines.
(a) Except as provided in G.S. 47C‑3‑113(h), theassociation is responsible for causing the common elements to be maintained,repaired, and replaced when necessary and to assess the unit owners asnecessary to recover the costs of such maintenance, repair, or replacementexcept that the cost of maintenance, repair or replacement of a limited commonelement shall be assessed as provided in G.S. 47C‑3‑115(b). Eachunit owner is responsible for maintenance, repair and replacement of his unit.Each unit owner shall afford to the association and when necessary to anotherunit owner access through his unit reasonably necessary for any suchmaintenance, repair or replacement activity.
(b) If damage, for which a unit owner is legally responsible andwhich is not covered by insurance provided by the association pursuant to G.S.47C‑3‑113 is inflicted on any common element, the association maydirect such unit owner to repair such damage or the association may itselfcause the repairs to be made and recover the costs thereof from the responsibleunit owner.
(c) If damage is inflicted on any unit by an agent of theassociation in the scope of his activities as such agent, the association isliable to repair such damage or to reimburse the unit owner for the cost ofrepairing such damages. The association shall also be liable for any losses tothe unit owner.
(d) The bylaws of the association may in cases when the claimunder subsection (b) or (c) is five hundred dollars ($500.00) or less providefor hearings before an adjudicatory panel to determine if a unit owner isresponsible for damages to any common element or whether the association isresponsible for damages to any unit. Such panel shall accord to the partycharged with causing damages notice of the charge, opportunity to be heard andto present evidence, and notice of the decision. This panel may assess aliability for each damage incident not in excess of five hundred dollars($500.00) against each unit owner charged or against the association.Liabilities of unit owners so assessed shall be assessments secured by lienunder G.S. 47C‑ 3‑116. Liabilities of the association may be offsetby the unit owner against sums owing the association and if so offset shallreduce the amount of any lien of the association against the unit at issue.
(e) The declarant alone is liable for maintenance, repair andall other expenses in connection with real estate subject to developmentrights. (1985 (Reg. Sess.,1986), c. 877, s. 1.)
