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NORTH CAROLINA STATUTES AND CODES

§ 47C-2-108. Limited common elements.

§ 47C‑2‑108. Limited common elements.

(a)        Except for the limited common elements described insubsections 47C‑2‑102(2) and (4), the declaration shall specify towhich unit or units each limited common element is allocated. That allocationmay not be altered without the unanimous consent of the unit owners whose unitsare affected.

(b)        Except as the declaration otherwise provides, a limitedcommon  element may be reallocated by an amendment to the declaration executedby all the unit owners between or among whose units the reallocations is made.The persons executing the amendment shall provide a copy thereof to theassociation, which shall record it. The amendment shall be recorded in the samemanner as a deed in the names of the parties and the condominium.

(c)        A common element not previously allocated as a limitedcommon element may not be so allocated except by unanimous consent or pursuantto provisions in the declaration made in accordance with G.S. 47C‑2‑105(a)(7).All such allocations shall be made by amendments to the declaration and shallbecome effective in accordance with G.S. 47C‑ 2‑117(c). (1985 (Reg. Sess., 1986), c. 877, s. 1.)

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