CONDOMINIUM DECLARATION REQUIREMENT CHANGES.

View NCGA Bill Details2021
Senate Bill 336 (Public) Filed Tuesday, March 23, 2021
AN ACT TO REQUIRE CERTAIN INFORMATION TO BE INCLUDED IN DECLARATIONS FOR CONDOMINIUMS PRIOR TO RECORDATION.
Intro. by Daniel.

Status: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate (Senate action) (May 4 2021)
S 336

Bill Summaries:

  • Summary date: Mar 23 2021 - More information

    Adds to the required content of a declaration to create a condominium set out in GS 47C-2-105 as follows. Regarding the required description of each unit created by the declaration, specifies that a unit that is not specifically described by an upper or lower limiting boundary with reference to established datum is deemed to include so much of the land and air above or below the unit as would be attributed to a noncondominium parcel of land under applicable common or statutory law. 

    Adds to the requirements for recordation of a condominium declaration or amendments thereto under GS 47C-2-101(b). Bars recordation unless all structural components and mechanical systems of all buildings containing or comprising any units created by a declaration or amendment are substantially completed in accordance with building design plans of a licensed architect or registered engineer and evidenced by a recorded certificate of completion executed by the architect or engineer (previously required a certificate executed by the architect or engineer stating that the building plans fully and accurately depict the structural components and mechanisms of all buildings containing or comprising any units thereby created). Adds a new provisions to specify that the subsection does not require that the structural components and mechanical systems of building be depicted on the plats or plans described in GS 47C-2-109(b)(6), regarding the verification of the location and dimensions of horizontally limiting boundaries and the the location of vertically limiting boundaries, and identifying numbers for each unit. 

    Applies to declarations executed and recorded on or after the date the act becomes law. 


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