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N.C. Gen. Stat. § 47A-6

Undivided interests in common areas and facilities; ratio fixed in declaration; conveyance with unit

Known as the Unit Ownership Act

The act spans §§ 47–47 (29 sections).

Applied in 3 court decisions — leading case 159 N.C. App. 558 - Briggs v. City of Asheville (2003)

Most recently applied in 244 N.C. App. 619 - Johnson v. Starboard Ass'n, Inc. (January 2016)

1963, c. 685, s. 6.

How often courts cite this section

20032010201610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Each unit owner shall be entitled to an undivided interest in the common areas and facilities in the ratio expressed in the declaration. Such ratio shall be in the approximate relation that the fair market value of the unit at the date of the declaration bears to the then aggregate fair market value of all the units having an interest in said common areas and facilities.

(b) The ratio of the undivided interest of each unit owner in the common areas and facilities as expressed in the declaration shall have a permanent character and shall not be altered except with the unanimous consent of all unit owners expressed in an amended declaration duly recorded.

(c) The undivided interest in the common areas and facilities shall not be separated from the unit to which it appertains and shall be deemed conveyed or encumbered with the unit even though such interest is not expressly mentioned or described in the conveyance or other instrument.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.