47F-3-119. Association as trustee.
With respect to a third person dealing with the association in the association's capacity as a trustee under G.S. 47F-2-118 following termination or G.S. 47F-3-113 for insurance proceeds, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers, and a third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee. (1998-199, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 47F - North Carolina Planned Community Act
Article 3 - Management of Planned Community.
§ 47F-3-101 - Organization of owners' association.
§ 47F-3-102 - Powers of owners' association.
§ 47F-3-103 - Executive board members and officers.
§ 47F-3-104 - Transfer of special declarant rights.
§ 47F-3-105 - Termination of contracts and leases of declarant.
§ 47F-3-107 - Upkeep of planned community; responsibility and assessments for damages.
§ 47F-3-107.1 - Procedures for fines and suspension of planned community privileges or services.
§ 47F-3-110 - Voting; proxies.
§ 47F-3-111 - Tort and contract liability.
§ 47F-3-112 - Conveyance or encumbrance of common elements.
§ 47F-3-115 - Assessments for common expenses.
§ 47F-3-116 - Lien for sums due the association; enforcement.
§ 47F-3-116.1 - Validation of certain nonjudicial foreclosure proceedings and sales.
§ 47F-3-118 - Association records.
§ 47F-3-119 - Association as trustee.
§ 47F-3-120 - Declaration limits on attorneys' fees.
§ 47F-3-121 - American and State flags and political sign displays.