47C-2-106. Leasehold condominiums.
(a) Any lease, or a memorandum thereof, the expiration or termination of which may terminate the condominium or reduce its size shall be recorded. Every lessor of those leases must sign the declaration, and the declaration shall state:
(1) Where the complete lease may be inspected;
(2) The date on which the lease is scheduled to expire;
(3) A legally sufficient description of the real estate subject to the lease;
(4) Any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised or a statement that they do not have those rights;
(5) Any right of the unit owners to remove any improvements after the expiration or termination of the lease or a statement that they do not have those rights; and
(6) Any rights of the unit owners to renew the lease and the conditions of any renewal or a statement that they do not have those rights.
(b) After the declaration for a leasehold condominium is recorded, neither the lessor nor his successor in interest may terminate the leasehold interest of a unit owner who, after demand, makes timely payment of his share of the rent determined in proportion to his common element interest and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant under the lease.
(c) Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.
(d) If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests shall be reallocated in accordance with G.S. 47C-1-107(a) as though those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 47C - North Carolina Condominium Act
Article 2 - Creation, Alteration, and Termination of Condominiums.
§ 47C-2-101 - Execution and recordation of declaration.
§ 47C-2-102 - Unit boundaries.
§ 47C-2-103 - Construction and validity of declaration and bylaws.
§ 47C-2-104 - Description of units.
§ 47C-2-105 - Contents of declaration.
§ 47C-2-106 - Leasehold condominiums.
§ 47C-2-107 - Allocation of common element, interests, votes, and common expense liabilities.
§ 47C-2-108 - Limited common elements.
§ 47C-2-109 - Plats and plans.
§ 47C-2-110 - Exercise of development rights.
§ 47C-2-111 - Alterations of units.
§ 47C-2-112 - Relocation of boundaries between adjoining units.
§ 47C-2-113 - Subdivision of units.
§ 47C-2-114 - Monuments as boundaries.
§ 47C-2-115 - Use for sales purposes.
§ 47C-2-116 - Easement to facilitate exercise of special declarant rights.
§ 47C-2-117 - Amendment of declaration.
§ 47C-2-117.1 - Judicial reformation of declaration.
§ 47C-2-118 - Termination of condominium.