§ 47C-2-109. Plats and plans.

714 words·~3 min read·/nc/chapter-47c/47c-2-109

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(a)The declarant shall file with the register of deeds in each county where the condominium is located the condominium's plat or plan prepared in accordance with this section. The plat or plan shall be considered a part of the declaration but shall be recorded separately, and the declaration shall refer by number to the file where such plat or plan is recorded.

(b)Each plat or plan or combination thereof must show all of the following:

(1)The name and a survey or general schematic map of the entire condominium.

(2)The location and dimensions of all real estate not subject to development rights or subject only to the development right to withdraw and the location and dimensions of all existing improvements within that real estate.

(3)The location and dimensions of any real estate subject to development rights, labeled to identify the rights applicable to each parcel.

(4)The extent of any encroachments by or upon any portion of the condominium.

(5)The location and dimensions of all easements having specific location and dimensions and serving or burdening any portion of the condominium.

(6)The verified statement of an architect licensed under the provisions of Chapter 83A of the General Statutes or an engineer registered under the provisions of Chapter 89C of the General Statutes certifying that such plats or plans fully and accurately depict

(i)the locations and dimensions of the horizontally limiting boundaries of each unit, to the extent those boundaries lie within or coincide with the boundaries of the building in which the unit is located,

(ii)the location of any vertically limiting boundaries, with reference to established datum, and

(iii)an identifying number for each unit.

(6a)The certification of a Professional Land Surveyor licensed under the provisions of Chapter 89C of the General Statutes, that the plat conforms to the requirements of subdivisions (1), (2), (3), (4), (5), (7), (8), and

(9)of this subsection. The location and dimensions referred to in these subdivisions shall be expressed in the plat in azimuths or courses and distances. Distances shall be in feet or meters and decimals thereof. Tie lines to an external boundary which is itself located and dimensioned are required for buildings containing or comprising any units that are not coincident with said external boundary. Each vertically limiting unit boundary (commonly known as elevation) shall be expressed in feet or meters and decimals as the distance above the referenced datum. The certification required by this subsection shall also state that the plat meets the requirements of NCAC Title 21, Chapter 56 (Board Rules).

(7)The locations and dimensions of limited common elements; however, parking spaces and the limited common elements described in subsections 47C-2-102(2) and

(4)need not be shown, except for decks, stoops, porches, balconies, and patios.

(8)A legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as "leasehold real estate."

(9)The distance between noncontiguous parcels of real estate comprising the condominium.

(10)Any unit in which the declarant has reserved the right to create additional units or common elements.

(c)A plat may also show the intended location and dimensions of any contemplated improvement to be constructed anywhere within the condominium. Any contemplated improvement shown must be labeled either "MUST BE BUILT" or "NEED NOT BE BUILT".

(d)Upon exercising any development right, the declarant shall record either new plats and plans necessary to conform to the requirements of subsections (a), (b), and

(c)or new certifications of plats and plans previously recorded if those plats and plans otherwise conform to the requirements of those subsections.

(e)In order to be recorded, plats or plans prepared under subsection

(b)of this section shall comply with G.S. 47-30(a) and with either G.S. 47-30(b) or G.S. 47-30(o).

(f)The fee for recording each plat or plan sheet submitted shall be as prescribed by G.S. 161-10(a)(3).

(g)The provisions of this Article and of condominium instruments recorded pursuant thereto shall be liberally construed in favor of the valid establishment of a condominium with respect to the submitted property. (1985 (Reg. Sess., 1986), c. 877, s. 1; 1987, c. 282, s. 8; 1989, c. 571; 2012-18, s. 1.6; 2020-52, s. 1.)