47C-3-105. Termination of contracts and leases of declarant.
If entered into by or on behalf of the association before the executive board elected by the unit owners pursuant to G.S. 47C-3-103(f) takes office, (1) any management contract, employment contract, or lease of recreational or parking areas or facilities, (2) any other contract or lease between the association and a declarant or an affiliate of a declarant, or (3) any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing may be terminated without penalty by the association at any time after the executive board elected by the unit owners pursuant to G.S. 47C-3-103(f) takes office upon not less than 90 days' notice to the other party. Notice of the substance of the provisions of this section shall be set out in each contract entered into by or on behalf of the association before the executive board elected by the unit owners pursuant to G.S. 47C-3-103(f) takes office. Failure of the contract to contain such a provision shall not effect the rights of the association under this section. This section does not apply to any lease the termination of which would terminate the condominium or reduce its size, unless the real estate subject to that lease was included in the condominium for the purpose of avoiding the right of the association to terminate a lease under this section. (1985 (Reg. Sess., 1986), c. 877, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 47C - North Carolina Condominium Act
Article 3 - Management of the Condominium.
§ 47C-3-101 - Organization of unit owners' association.
§ 47C-3-102 - Powers of unit owners' association.
§ 47C-3-103 - Executive board members and officers.
§ 47C-3-104 - Transfer of special declarant rights.
§ 47C-3-105 - Termination of contracts and leases of declarant.
§ 47C-3-107 - Upkeep; damages; assessments for damages, fines.
§ 47C-3-107.1 - Procedures for fines and suspension of condominium privileges or services.
§ 47C-3-110 - Voting; proxies.
§ 47C-3-111 - Tort and contract liability.
§ 47C-3-112 - Conveyance or encumbrance of common elements.
§ 47C-3-115 - Assessments for common expense.
§ 47C-3-116 - Lien for sums due the association; enforcement.
§ 47C-3-116.1 - Validation of certain nonjudicial foreclosure proceedings and sales.
§ 47C-3-117 - Other liens affecting the condominium.
§ 47C-3-118 - Association records.
§ 47C-3-119 - Association as trustee.
§ 47C-3-121 - American and State flags and political sign displays.