Updated for 2026
This page is part of AMG’s Guide to North Carolina HOA laws. For a condominium created on or before October 1, 1986, Chapter 47A of the General Statutes, the Unit Ownership Act, generally provides the foundational legal framework.
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 47A, enacted in 1963, is North Carolina’s original condominium statute. It remains the starting point for condominiums created from the 1960s through October 1, 1986, although it does not by itself supply the complete legal framework for those communities.
A defined set of Condominium Act (Chapter 47C) provisions also applies to these older condominiums. Those provisions apply notwithstanding any conflicting provisions in the articles of incorporation, declaration, or bylaws, for events after October 1, 1986.
Chapter 47C does not provide a procedure by which a pre-1986 condominium may elect coverage under the entire Act, although it does address amendments that achieve results the newer Act would permit, as described under “Amendments in older condominiums” below. A community composed of lots and homes, rather than units in a shared structure, is usually governed by the Planned Community Act.
How Chapters 47A and 47C apply together
A pre-1986 condominium generally operates under both Chapter 47A and selected provisions of Chapter 47C. The first table below lists the Chapter 47C sections that the statute applies to condominiums created on or before October 1, 1986. The second lists the Chapter 47A provisions that continue to form the foundation for these communities, on subjects that the Chapter 47C list generally does not reach. How any provision applies to a particular building depends on its governing documents and any later amendments, as well as the facts and circumstances involved.
Chapter 47C provisions that apply to pre-1986 condominiums
| Topic | Section | Most useful when |
|---|---|---|
| Definitions, as needed to read the overlay | § 47C-1-103 | A term in one of the overlay sections has to be construed |
| Separate titles and taxation | § 47C-1-105 | A tax or title question involves a single unit |
| 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 |
| Construction and validity of declaration and bylaws | § 47C-2-103 | The construction or validity of a declaration or bylaw provision is in question |
| Description of units | § 47C-2-104 | A legal description is needed for a sale or refinance |
| Merger or consolidation | § 47C-2-121 | Combining with another condominium is being considered |
| Association powers, in part | § 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 |
| 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 |
| Tort and contract liability | § 47C-3-111 | A claim involves the association or the common elements |
| Conveyance or encumbrance of common elements | § 47C-3-112 | Common property would be sold or encumbered |
| Lien for assessments | § 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 |
| Rights of action; attorneys’ fees | § 47C-4-117 | A violation of the chapter is alleged |
Chapter 47A provisions that generally continue to apply
The following Chapter 47A sections address subjects that the Chapter 47C list above generally does not reach, and they generally remain part of the legal foundation for a pre-1986 condominium.
| Topic | Section | Most useful when |
|---|---|---|
| Declaration creating unit ownership | § 47A-2 | The question is how the condominium was created and recorded |
| Nature and incidents of unit ownership | § 47A-5 | The nature of unit ownership as real property is in question |
| Undivided interests in common areas | § 47A-6 | The allocation of undivided interests in the common areas is in question |
| Maintenance of common areas | § 47A-9 | Maintenance of common areas, or access to units for repairs, is in question |
| Compliance with bylaws and covenants | § 47A-10 | An owner’s duty to comply with the governing documents is in issue |
| Contributions to common expenses | § 47A-12 | The allocation of common expenses among unit owners is in question |
| Contents of the declaration | § 47A-13 | The required contents of the original declaration are in question |
| Plans attached to the declaration | § 47A-15 | Unit boundaries depend on recorded plans |
| Termination of unit ownership | § 47A-16 | Ending the condominium regime is being discussed |
| Bylaws annexed to the declaration | § 47A-18 | The question is how the bylaws were attached and how they may be amended |
| Contents of the bylaws | § 47A-19 | The required contents of the bylaws are in question |
| Damage or destruction; restoration | § 47A-25 | A casualty has raised reconstruction or partition questions |
| Actions involving common interests | § 47A-26 | A claim involves common interests or service on the association |
| Persons bound | § 47A-28 | Whether owners and occupants are bound by the declaration and bylaws is in question |
Download a printable version of this reference for the board packet.
How the overlay works
A pre-1986 condominium generally operates under Chapter 47A as its foundation, with the listed Chapter 47C provisions layered on top and the governing documents supplying the community-specific terms. For the board, the practical task is therefore to determine which provisions of each statute apply to the building and what the governing documents provide on the same point. Most incorporated associations also operate under the Nonprofit Corporation Act, which applies in addition to Chapter 47A. The quorum and voting-and-proxy provisions of the Condominium Act (§§ 47C-3-109 and 47C-3-110) do not apply to a condominium created on or before October 1, 1986; for those communities, quorum, voting, and proxies are governed by the declaration and bylaws and, if the association is incorporated, by Chapter 55A.
Many boards find it useful to ask counsel to prepare a one-page summary of this overlay, including the date on which the condominium’s declaration was recorded. That summary can be kept with the association’s records and insurance information so that it can be reused whenever a repair, casualty, or election question arises.
Amendments in older condominiums
Even with the Chapter 47C overlay, older condominiums often remain subject to Chapter 47A and their original governing documents on unit boundaries, common-element allocations, amendment mechanics, and insurance or reconstruction provisions that do not reflect modern practice. These gaps tend to surface after a storm, during a sale, or in response to a lender request.
Chapter 47C does not provide a procedure for a pre-1986 condominium to elect coverage under the entire 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, provided the amendment is adopted under the procedures and requirements in the condominium’s declaration and bylaws and in Chapter 47A. Any Chapter 47C right or power granted by such an amendment carries the corresponding Chapter 47C obligations and restrictions.
How AMG supports the board
Older governing documents may appear complete yet omit provisions that a modern board would expect to find, particularly on insurance, maintenance responsibility, and amendment procedures. AMG can bring questions that arise in day-to-day administration to the board’s attention, and the board may refer them to the association’s attorney.
When to involve legal counsel
Matters that commonly warrant the involvement of the association’s attorney include, but are not limited to, the determination of which statutes govern the condominium, the allocation of responsibility for unit and common-element repairs, casualty and insurance questions, amendments to pre-1986 governing documents (including any modeled on Chapter 47C), fines or suspensions, and the collection of unpaid assessments. 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 Unit Ownership Act?
It is North Carolina’s original condominium statute, codified as Chapter 47A, and it generally provides the foundation for condominiums created on or before October 1, 1986.
Does Chapter 47C apply to a pre-1986 condominium?
A defined set of Chapter 47C provisions applies to condominiums created on or before October 1, 1986, notwithstanding any conflicting provisions in the articles of incorporation, declaration, or bylaws, for events after October 1, 1986. They include the provisions on association powers, board members and officers, fines and suspensions, meetings, assessment liens, and association records.
May an older condominium amend its governing documents to follow the newer Act?
Chapter 47C does not provide a procedure for a pre-1986 condominium to elect coverage under the entire 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, provided it follows the procedures and requirements in the condominium’s declaration and bylaws and in Chapter 47A. Any Chapter 47C right or power granted by such an amendment carries the corresponding Chapter 47C obligations and restrictions.
Related Resources
- Guide to North Carolina HOA laws
- NC Condominium Act
- NC Planned Community 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.