North Carolina Condominium Act: A 2026 guide

What is the North Carolina Condominium Act?

The North Carolina Condominium Act is Chapter 47C of the North Carolina General Statutes. It governs the creation, sale, management, and operation of certain condominiums in North Carolina.
 

Who the Act applies to

The North Carolina Condominium Act generally applies to condominiums created in North Carolina after October 1, 1986. Certain sections also apply to older condominiums created on or before that date. Because older communities may be partially covered, boards should confirm applicability with their governing documents and qualified legal counsel (N.C. Gen. Stat. § 47C-1-102).
 

Key provisions

There are a few key provisions of the North Carolina Condominium Act to keep in mind:

• A condominium is created by recording a declaration, and the declaration must include required information such as the name of the condominium, unit descriptions, common element allocations, and other core terms (N.C. Gen. Stat. §§ 47C-2-101, 47C-2-105).
   
• The declaration allocates each unit’s common element interest, voting interest, and common expense liability, which helps determine voting rights and assessment responsibility (N.C. Gen. Stat. § 47C-2-107).
   
• A unit owners’ association must be organized no later than the date the first unit in the condominium is conveyed (N.C. Gen. Stat. § 47C-3-101).
   
• The association has broad powers, including adopting budgets, collecting assessments, regulating common elements, hiring managers and contractors, and enforcing the declaration, bylaws, and rules (N.C. Gen. Stat. § 47C-3-102).
   
• Board members and officers have fiduciary duties to the association and unit owners and must act in good faith with the care ordinarily prudent people would exercise in similar positions (N.C. Gen. Stat. § 47C-3-103).
   
• After the board adopts a proposed budget, it must provide a summary to owners within 30 days and schedule a budget ratification meeting 10 to 60 days after mailing the summary (N.C. Gen. Stat. § 47C-3-103(c)).
   
• The association is generally responsible for maintaining, repairing, and replacing common elements, while each unit owner is responsible for the owner’s unit (N.C. Gen. Stat. § 47C-3-107).
   
• Before fines or suspension of condominium privileges or services, the owner must receive notice of the charge, an opportunity to be heard and present evidence, and notice of the decision, unless the declaration provides a specific procedure (N.C. Gen. Stat. § 47C-3-107.1).
   
• Association meetings must be held at least once each year (N.C. Gen. Stat. § 47C-3-108(a)).
   
• Special meetings may be called by the president, a majority of the board, or owners holding 20% of the votes, unless the bylaws allow a lower percentage (N.C. Gen. Stat. § 47C-3-108(a)).
   
• At regular intervals, board meetings must give unit owners an opportunity to attend a portion of the meeting and speak to the board about their issues and concerns (N.C. Gen. Stat. § 47C-3-108(b)).
   
• Unless the bylaws provide otherwise, quorum for an association meeting is 20% of the votes that may be cast for election of the executive board, present in person or by proxy at the beginning of the meeting (N.C. Gen. Stat. § 47C-3-109(a)).
   
• The association must maintain property insurance and liability insurance to the extent reasonably available, subject to the statutory details and exceptions (N.C. Gen. Stat. § 47C-3-113).
   
• The association must keep financial records detailed enough to comply with the Act, and financial and other records must be made reasonably available for examination by unit owners and their authorized agents (N.C. Gen. Stat. § 47C-3-118(a)).
   
• Upon written request, the association must provide a statement of unpaid assessments and other charges against a unit within 10 business days, and the fee for that statement is capped by statute (N.C. Gen. Stat. § 47C-3-118(b)).

Compliance tips for condo board members

1. Keep your governing documents close

   The North Carolina Condominium Act sets the framework, but your declaration and bylaws fill in many day-to-day details. Board structure, election procedures, use restrictions, assessment allocation, maintenance duties, and meeting rules often depend on the documents. Strong boards treat the statute and governing documents as working tools, not files to open only during a dispute.
    

2. Make records easy to find

   The Act requires financial and other records to be reasonably available to owners. In practice, that means boards should keep meeting minutes, budgets, financial reports, contracts, insurance information, assessment records, and owner account information organized. Good records make resale requests, owner questions, audits, and board transitions much easier.
    

3. Understand board duties and limits

   Board members have broad authority, but they also have fiduciary duties and statutory limits. Certain decisions, such as amending the declaration, cannot be handled unilaterally by the board. Knowing where board authority starts and stops helps prevent avoidable conflict.
    

4. Work closely with your condo manager

   Your condo manager can help turn the North Carolina Condominium Act’s requirements into a practical process for your community. That can include keeping records organized, preparing meeting materials, supporting budget timelines, coordinating owner communications, and tracking recurring obligations. With the right management support, boards can stay focused on making thoughtful decisions instead of trying to manage every detail alone.

About FirstService Residential

As North America’s leading property management company, FirstService Residential serves North Carolina communities with local expertise backed by national resources. Our teams support board members with meetings, recordkeeping, financial management, banking and insurance programs, resident communication, and 24/7 customer care teams. This way, board members can focus on long-term goals instead of day-to-day administration.

With over 20 years of experience across the state, we help HOAs, condo associations, high-rises, and master-planned communities operate smoothly and meet their goals with confidence.

To learn how we can support your association, contact our North Carolina team today.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.