S336: Condominium Declaration Requirement Changes. Latest Version


Senate
Passed 1st Reading
Committee
Rules
Passed 3rd Reading
House
Passed 1st Reading
Rules
Committee



AN ACT to require certain information to be included in declarations for condominiums prior to recordation.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 47C‑2‑105 reads as rewritten:

§ 47C‑2‑105.  Contents of declaration.

(a)        The declaration for a condominium must contain all of the following:



(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. A declaration may define a unit to include all or any portion of the airspace or subterranean space between two legally identifiable elevations, to include or exclude the surface of a legally described parcel of real property, to include or exclude airspace lying above and subterranean space lying below such surface, and to mean any specified combination of the foregoing, whether or not contiguous. A unit that is not specifically described by an upper limiting boundary with reference to established datum shall be deemed to include so much of the land and air above the unit as would be attributed to a noncondominium parcel of land under the common or statutory law applicable to such noncondominium parcel of land. A unit that is not specifically described by a lower limiting elevation boundary with reference to established datum shall be deemed to include so much of the land and air below the unit as would be attributed to a noncondominium parcel of land under the common or statutory law applicable to such noncondominium parcel of land.

….

SECTION 2.  G.S. 47C‑2‑101 reads as rewritten:

§ 47C‑2‑101.  Execution and recordation of declaration.



(b)        A declaration or an amendment to a declaration adding units to a condominium must contain a certificate executed by may not be recorded unless all structural components and mechanical systems of all buildings containing or comprising any units thereby created are substantially completed in accordance with building design plans of an architect licensed under the provisions of Chapter 83A of the General Statutes or an engineer registered under the provisions of Chapter 89C of the General Statutes stating that the plans for such building or buildings fully and accurately depict the structural components and mechanical systems of all buildings containing or comprising any units thereby created; Statutes, as evidenced by a recorded certificate of completion executed by the architect or engineer; provided, however, that (i) such requirement shall not apply to any unit or portion of a unit, the boundaries of which comprise solely surface space, airspace, subterranean space, or any specified combination thereof, as provided in G.S. 47C‑2‑105(a)(5).G.S. 47C‑2‑105(a)(5) and (ii) nothing in this subsection shall require that the structural components and mechanical systems of buildings be depicted on the plats or plans described in G.S. 47C‑2‑109(b)(6).

SECTION 3.  This act is effective when it becomes law and applies to declarations executed and recorded on or after that date.