NC General Statutes

N.C. Gen. Stat. § 47A-26 (2026)

Actions as to common interests; service of process on designated agent; exhaustion of remedies against association

✓ current as of July 2026

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Without limiting the rights of any unit owner, actions may be brought by the manager or board of directors, in either case in the discretion of the board of directors, on behalf of two or more of the unit owners, as their respective interests may appear, with respect to any course of action relating to the common areas and facilities or more than one unit. Service of process on two or more unit owners in any action relating to the common areas and facilities or more than one unit may be made on the person designated in the declaration to receive service of process. Any individual, corporation, partnership, association, trustee, or other legal entity claiming damages for injuries without any participation by a unit owner shall first exhaust all available remedies against the association of unit owners prior to proceeding against any unit owner individually. (1963, c. 685, s. 26.)

Notes of Decisions

Cited in 1 case, 1996–1996 · leading case: Richland Run Homeowners Ass'n, Inc. v. Chc Durham Corp., 473 S.E.2d 649 (N.C. Ct. App. 1996).

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Richland Run Homeowners Ass'n, Inc. v. Chc Durham Corp., 473 S.E.2d 649 (N.C. Ct. App. 1996). · cites it 4× “" N.C. Gen.Stat. § 47A-26. In construing who may bring an action under the Act, this Court has said: Where the legislature has specifically designated certain statutory procedures, it has by implication excluded other procedures.”

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