JurisdictionNorth Carolina

Common interest communities in North Carolina have become the primary means of residential and recreational development in North Carolina over the past 60 years. The majority of North Carolinians that own their homes live in some form of common interest community. Because of their increasing popularity and use, these forms of development are regulated at every level of government. This book is intended to cover the basics of the laws applicable to common interest communities — from their planning and formation — through their operational phase with independent boards and community managers. This book is also designed to cover both planned communities and condominiums, inclusive of some of the major local regulations in the most populated areas of North Carolina.

The book also delves into some of the more “exotic” forms of common interest communities such as time shares and “dockominiums.” Most associations have professional management out of necessity and the important nature of the relationship between the association and the manager is addressed in this book as well. In many situations, an area of association operations is covered adequately in North Carolina by statute or case law. In others, there are blanks which need to be filled in with case law from other jurisdictions. In these situations, I have tried to include any case law from other jurisdictions which may be persuasive on issues unaddressed in North Carolina.

I have been fortunate to have had the guidance of a number of people professionally, including Henry W. Jones, Jr. and Hope Derby Carmichael, whom I have practiced with since my career began. I have been fortunate to have learned from those who have been involved in this practice area from North Carolina’s passage of the Condominium Act through the Planned Community Act and up to today. I want to thank Jake Gold and other staff members from the Community Association Institute for reviewing portions of Chapter 19 with respect to community managers. I am also appreciative of Hope Carmichael, Christopher Behm and Christine Goebel, who provided valuable insight on Chapters 14, 17 and 21, respectively. I also want to thank my assistant, Victoria Mastroianni, for implementing some of my changes to earlier drafts of certain chapters. I also am grateful to my parents, Linda and Gerald Edlin, for providing me with my formal education and their love and support in every aspect of my life. Last and certainly not least, I want to thank my wife...

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