North Carolina Condo Laws: Who Repairs What

Governing law

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

Under G.S. 47C-3-107(a), the association is responsible for maintaining, repairing, and replacing the common elements and assessing owners for the cost. Each unit owner is responsible for maintenance, repair, and replacement of the unit. Costs for limited common elements are handled under G.S. 47C-3-115, which lets the declaration charge them to the units they serve. If an owner damages a common element and insurance does not cover it, the association can require the owner to fix it or do the repair and charge the owner. If an association agent damages a unit, the association must repair or reimburse.

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

G.S. 47C-2-102 sets defaults unless the declaration says otherwise. If walls, floors, or ceilings are the boundaries, finished surfaces such as lath, furring, wallboard, plaster, paneling, tiles, wallpaper, paint, and finished flooring are part of the unit, and the rest is common element. A duct, wire, or pipe partly inside the unit that serves only that unit is a limited common element. Shutters, decks, balconies, patios, and all exterior doors and windows serving one unit are limited common elements.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

• Chapter 47C applies to condominiums created after October 1, 1986; listed sections also apply to older ones (G.S. 47C-1-102).
• Association maintains common elements; owners maintain their units (G.S. 47C-3-107(a)).
• Exterior doors and windows serving one unit are limited common elements by default (G.S. 47C-2-102(4)).
• The association must insure the common elements for at least 80% of replacement cost after deductibles, and for buildings with horizontal unit boundaries, the units too (G.S. 47C-3-113).
• The association must provide a statement of unpaid assessments within 10 business days, for a fee of up to $200 (G.S. 47C-3-118(b)).
• Damage claims of $500 or less may go to an adjudicatory panel if the bylaws provide for it (G.S. 47C-3-107(d)).

Reserve studies

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in North Carolina

Insurance and deductibles

Beginning no later than the first sale to a buyer, G.S. 47C-3-113 requires the association to keep, to the extent available, property insurance on the common elements against fire and extended coverage perils. The coverage after deductibles must be at least 80% of replacement cost. For buildings whose units have horizontal boundaries, the policy must also cover the units, but not improvements and betterments owners installed. The association must also carry reasonable liability coverage. Owners are insureds for common element liability, and the insurer waives subrogation against owners. The statute does not set a deductible allocation rule, so check the declaration and your HO-6 policy.

Related: HOA insurance deductibles and master policy vs HO-6.

Buying or selling a North Carolina condo

For a resale by an owner, G.S. 47C-4-109 requires the seller to give the buyer, before conveyance, a statement of the monthly common expense assessment and other fees owners pay. Separately, the association must give an owner or the owner's agent a statement of unpaid assessments and charges within 10 business days of a written request, binding on the association (G.S. 47C-3-118(b)). The fee is capped at $200, plus up to $100 to expedite within 48 hours of closing. The seven-day cancellation right in G.S. 47C-4-108 applies to sales that require a public offering statement, mainly developer sales.

Frequently Asked Questions

Who is responsible for windows in a North Carolina condo?

By default, exterior doors and windows serving one unit are limited common elements under G.S. 47C-2-102(4). The association maintains common elements, but the declaration can charge limited common element costs to the unit served (G.S. 47C-3-115). Many declarations also assign window upkeep directly to owners. Your declaration controls.

Does my North Carolina condo fall under Chapter 47C?

If it was created after October 1, 1986, yes. If it was created on or before that date, it is mainly governed by the Unit Ownership Act (Chapter 47A) and its own documents, but certain 47C sections listed in G.S. 47C-1-102, such as lien and records rules, still apply.

Who pays if my neighbor's unit leaks into mine in North Carolina?

Each owner maintains their own unit under G.S. 47C-3-107(a), and the association maintains the common elements. Where units have horizontal boundaries, the association's master policy must cover the units (G.S. 47C-3-113(b)), so a covered loss may go through that policy first. Deductibles and uncovered damage depend on the declaration and on who caused the leak.

How much can a North Carolina condo association charge for a payoff or dues statement?

Up to $200 per statement or request, plus an expedite fee of up to $100 if requested within 48 hours of closing. The association must furnish the statement within 10 business days of a written request, and it is binding on the association (G.S. 47C-3-118(b)).

Are North Carolina condo associations required to have a reserve study?

No statute requires one. Associations may adopt budgets that include reserves (G.S. 47C-3-102), and developer public offering statements must disclose the reserve amount or say there is none. Buyers should ask for the budget, any reserve study, and recent minutes to judge special assessment risk.