§ 6-1. Owners' associations.

6-1.1.

Establishment of owners' association.

(A)

Creation. An owners' association shall be established to fulfill the requirement of the North Carolina Condominium Act or to accept conveyance and maintenance of all common areas and facilities within a development containing common areas.

(B)

Conveyance. Where developments have common areas for facilities serving more than one dwelling unit, these areas shall be conveyed to the owners' association in which all owners of lots in the development shall be members. All areas other than public road rights-of-way, other areas dedicated to the county, and lots shall be shown and designated as common areas. The fee-simple title of the common area shall be conveyed by the subdivider or developer to the owners' association.

(C)

Subdivision or conveyance of common area. Common areas shall not be subsequently subdivided or conveyed by the owners' association unless a revised preliminary plat and a revised final plat showing such subdivision or conveyance have been submitted and approved.

(D)

Owners' association not required. Developments involving only two units attached by a party wall shall not be required to have common areas or an owners' association. Developments with only two units attached and not having an owners' association shall have an agreement between owners concerning maintenance of party walls.

6-1.2.

Submission of owners' association declaration. Prior or concurrently with the submission of the final plat for review and approval, the applicant shall submit a copy of the proposed bylaws of the owners' association containing covenants and restraints governing the association, plats, and common areas. The submitted documents shall be reviewed by the county attorney and a recommendation made to the planning commission as to their sufficiency. The restrictions shall include provisions for the following:

(A)

Existence before any conveyance. The owners' association declaration shall be organized and in legal existence prior to the conveyance, lease-option, or other long-term transfer of control of any unit or lot in the development.

(B)

Membership. Membership in the owners' association shall be mandatory for each original purchaser and each successive purchaser of a lot or unit. Provisions shall be made for the assimilation of owners in subsequent sections of the development.

(C)

Owners' association declaration.

(1)

Responsibilities of owners' association. The owners' association declaration shall state that the association is responsible for:

(a)

The payment of premiums for liability insurance and local taxes;

(b)

Maintenance of recreational and/or other facilities located on the common areas; and

(c)

Payment of assessments for public and private improvements made to or for the benefit of the common areas.

(2)

Default of owners' association. Upon default by the owners' association in the payment to the county of any assessments for public improvements or ad valorem taxes levied against the common areas, which default shall continue for a period of six months, each owner of a lot in the development shall become personally obligated to pay to the county a portion of the taxes or assessments in an amount determined by dividing the total taxes and/or assessments due to the county by the total number of lots in the development. If the sum is not paid by the owner within thirty days following receipt of notice of the amount due, the sum shall become a continuing lien on the property of the owner, his heirs, devisees, personal representatives and assigns. The county may either bring an action at law against the owner personally obligated to pay the same, or may elect to foreclose the lien against the property of the owner.

(3)

Powers of the association. The owners' association is empowered to levy assessments against the owners of lots or units within the development. Such assessments shall be for the payment of expenditures made by the owners' association for the items set forth in this section, and any assessments not paid by the owner against whom such assessments are made shall constitute a lien on the lot of the owner.

(4)

Easements. Easements over the common areas for access, ingress, and egress from and to public streets and walkways and easements for enjoyment of the common areas, and for parking, shall be granted to each lot owner.

(5)

Maintenance and restoration. Provisions for common area maintenance of and restoration in the event of destruction or damage shall be established.

(D)

If the condominium is a nonresidential condominium, the declaration shall contain the following provision:

Parking spaces shall be allocated among the individual lots or units in such a manner that each unit is entitled to a sufficient number of parking spaces to comply with this ordinance for the use intended to be located therein. The owners' association shall maintain a register listing the total number of parking spaces in the development and the number of parking spaces allocated to each lot or unit. A copy of this register shall be available to the administrator at his request. The owners' association shall not reduce the number of parking spaces allocated to an individual lot or unit without the express written consent of the owner thereof, and in no case shall the number of parking spaces allocated to an individual unit be reduced to a number below that required by this ordinance.