Updated for 2026
This page is part of AMG’s Guide to North Carolina HOA laws. For a condominium created after October 1, 1986, Chapter 47C of the General Statutes, the North Carolina Condominium Act, is generally the principal governing statute.
Association Management Group (AMG) prepared this guide for general informational purposes. AMG is a community association management firm, not a law firm, and this guide does not constitute legal advice. Statutes, and the court decisions interpreting them, change over time. Legal questions, and the final interpretation of any statute or of the governing documents, should be confirmed with qualified legal counsel.
In this guide, the term governing documents refers collectively to the association’s plat, articles of incorporation, bylaws, declaration, rules and regulations, and all policies adopted by the board or the membership.
Determining whether the Act applies
Chapter 47C generally applies in full to condominiums created after October 1, 1986. Condominiums created on or before that date generally remain governed by the Unit Ownership Act, Chapter 47A, with a defined set of Chapter 47C provisions applying to events and circumstances occurring after October 1, 1986, notwithstanding any conflicting provisions in their articles of incorporation, declaration, or bylaws.
Chapter 47C contains no procedure by which an older condominium may elect to be governed by the full Act. Under § 47C-1-102(b), however, Chapter 47A does not invalidate an amendment adopted by an older condominium if Chapter 47C would permit the amendment. Such an amendment must be adopted under the procedures and requirements in the condominium’s declaration and bylaws and in Chapter 47A. If the amendment grants any right or power permitted by Chapter 47C, the corresponding Chapter 47C obligations and restrictions apply as well.
Where the community consists of lots and homes rather than units in a shared structure, the Planned Community Act is usually the applicable framework. Older condominiums are addressed further on the companion page on the NC Unit Ownership Act. The date on which the condominium’s declaration was recorded generally determines which statute applies.
How Chapter 47C differs from Chapter 47F
Boards familiar with the Planned Community Act will recognize much of Chapter 47C, including its provisions on association powers, board duties, meetings, voting, assessments, liens, and fine procedures. The most significant differences arise from shared buildings: the division between unit and common-element maintenance, insurance for common structures, the repair of damage after a casualty, and purchaser-protection provisions, some of which have no counterpart in Chapter 47F.
Scope of Chapter 47C
Chapter 47C operates alongside the governing documents and does not displace them. Many of its provisions establish default rules that may be varied to the extent the Act expressly permits, while others may not be varied at all. Which provisions fall into each category depends on the text of the particular section.
Chapter 47C at a glance
| Topic | Section | Most useful when |
|---|---|---|
| Which condominiums the Act covers | § 47C-1-102 | It is unclear whether the Act applies, especially for a condominium created close to October 1, 1986 |
| Limits on varying the Act | § 47C-1-104 | The governing documents and the statute appear to conflict |
| Local ordinances and building codes | § 47C-1-106 | A project needs both association approval and a city or county permit |
| Eminent domain | § 47C-1-107 | Part of the common elements is being acquired by a government entity |
| Statutory amendment procedure | § 47C-2-117 | The association is considering a formal amendment |
| Judicial reformation | § 47C-2-117.1 | An error or ambiguity cannot practically be corrected by ordinary amendment |
| Association powers | § 47C-3-102 | Someone questions whether the association has authority to act |
| Board members and officers | § 47C-3-103 | A director wants the statutory description of the role |
| Bylaws | § 47C-3-106 | Existing bylaws are being reviewed against the statutory requirements |
| Upkeep and damage | § 47C-3-107 | Responsibility for a repair, or for damage to a unit or the common elements, is in question |
| Fines and suspensions | § 47C-3-107.1 | The board is considering a fine or a suspension of privileges |
| Meetings | § 47C-3-108 | A membership or board meeting is being planned or noticed |
| Quorums | § 47C-3-109 | The question is how many members or directors must be present |
| Voting and proxies | § 47C-3-110 | A member cannot attend and wants someone else to vote |
| Insurance | § 47C-3-113 | It is renewal season, or a casualty has raised a coverage question |
| Assessments | § 47C-3-115 | Shared costs, allocation, or the start of assessments are in question |
| Liens and enforcement | § 47C-3-116 | Unpaid assessments are being referred for collection |
| Association records | § 47C-3-118 | An owner has requested association records |
| Flags and political signs | § 47C-3-121 | A rule touching flags or signage is being adopted or enforced |
Download a printable version of this reference for the board packet.
Not every section in this table applies to a condominium created on or before October 1, 1986. For those condominiums, the sections in this table that apply, notwithstanding conflicting provisions in their articles of incorporation, declaration, or bylaws and with respect to events and circumstances occurring after October 1, 1986, are §§ 47C-1-106, 47C-1-107, 47C-3-102 (in part), 47C-3-103, 47C-3-107.1, 47C-3-108, 47C-3-116, 47C-3-118, and 47C-3-121 (§ 47C-1-102(a)). The other sections in this table, including those on quorums, voting and proxies, insurance, and assessments, are not among the sections that § 47C-1-102(a) extends to those condominiums, which remain governed primarily by Chapter 47A.
Fines and suspensions
Before an association imposes a fine or suspends a privilege, Chapter 47C and the governing documents generally require notice and an opportunity for a hearing. The statutory procedure appears in § 47C-3-107.1. The required contents of the notice, the body that hears the matter, and the sanctions that may be imposed depend on the facts of the matter and on that section as applied together with the governing documents.
Boards that give the owner a genuine opportunity to be heard before reaching a decision generally encounter fewer challenges. At the board’s direction, AMG can assist by preparing and sending notices and related correspondence, helping organize the hearing, and attending as scheduled by the board. Determinations of whether a violation occurred, and of any fine or suspension, remain with the board.
Upkeep and damage
Responsibility for maintenance and repair is among the most frequent sources of disagreement in a condominium. The statutory provisions on upkeep and damage appear in § 47C-3-107, which must be read together with the governing documents. Unit boundaries, limited common elements, and insurance deductibles are the areas in which long-standing practice most often diverges from the governing documents.
Many boards find it useful to have a one-page summary of the division of responsibility among the unit, the limited common elements, and the common elements, prepared with counsel before a leak or other loss occurs. Once the board has adopted such a summary, it can be kept with the association’s records and can be used as a reference when relevant maintenance needs arise.
Establishing the applicable framework
The analysis of any condominium question begins by establishing whether Chapter 47C applies to the building, in whole or in part, and what the governing documents provide on the same point.
Boards that confirm early whether the condominium was created on or before October 1, 1986, or after that date, and which Chapter 47C provisions apply to an older building, generally spend less time later disagreeing over what the law requires.
Most incorporated associations also operate under the Nonprofit Corporation Act, which applies alongside Chapter 47C and does not displace it.
How AMG supports the board
AMG can assist the board in gathering the appropriate documents, including those that show when the condominium was created. For a condominium created close to October 1, 1986, where the exact creation date determines which statute applies, confirming that date may involve research by the association’s attorney into the community’s recorded documents.
AMG also supports the board by helping organize meetings and prepare meeting and election materials, such as notices, agendas, ballots, and proxy forms, for the board’s approval, and by receiving owner requests for association records and forwarding them to the board for handling.
When to involve legal counsel
Matters that commonly warrant the involvement of the association’s attorney include, but are not limited to, uncertainty about which statute governs, proposed amendments to the governing documents, disputes over unit versus common-element repairs, insurance questions following a casualty, fines or suspensions, collections, purchaser-disclosure questions, and any point on which the statute and the governing documents appear to conflict. Whether and when to involve counsel is the board’s decision. At the board’s direction, AMG can help coordinate communications with the association’s attorney and assist in gathering the information counsel requests.
Frequently Asked Questions
What is the North Carolina Condominium Act?
It is the state statute, codified as Chapter 47C of the General Statutes, that generally governs condominiums created after October 1, 1986. It operates alongside the governing documents and, for most associations, the Nonprofit Corporation Act.
Does Chapter 47C apply to older condominiums?
In part. Under § 47C-1-102(a), a listed set of Chapter 47C provisions applies to condominiums created on or before October 1, 1986, with respect to events and circumstances occurring after that date, notwithstanding any conflicting provisions in the condominium’s articles of incorporation, declaration, or bylaws. The foundation for those condominiums remains Chapter 47A, which is discussed on the companion page on the Unit Ownership Act.
Who repairs what in a North Carolina condominium?
The allocation of maintenance and repair responsibility generally depends on the governing documents read together with Chapter 47C, including § 47C-3-107, and it varies from building to building. Long-standing custom within a community is not a reliable guide to that allocation.
Related Resources
- Guide to North Carolina HOA laws
- NC Planned Community Act
- NC Unit Ownership Act
- NC Nonprofit Corporation Act and community associations
- North Carolina HOA meeting rules
Have questions about your own community?
Boards of AMG-managed communities are encouraged to begin with their community manager, who can help the board locate the relevant governing documents and other available information and, at the board’s direction, liaise with the association’s attorney when a legal question arises. Associations that are not currently AMG clients may contact AMG’s client services team for information about AMG’s management services or for referrals to qualified professionals.
AMG provides administrative management services to associations and is not a law firm. AMG acts on behalf of the associations it manages rather than individual owners, and an owner involved in a dispute with an association may wish to consult independent counsel.
About AMG
This guide was prepared by Association Management Group (AMG) community managers, including managers who hold the PCAM®, AMS®, and CMCA® credentials. AMG is an AAMC®-accredited firm serving more than 30,000 property owners across the Carolinas. The information is intended to assist community association members and leaders in understanding the statutory framework in which their associations operate.
Learn more at www.amgworld.com. Additional governance discussion appears in the Lessons from the Neighborhood series at www.LessonsFromTheNeighborhood.com.