NC General Statutes

N.C. Gen. Stat. § 47F-2-103 (2026)

Construction and validity of declaration and bylaws

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(a) To the extent not inconsistent with the provisions of this Chapter, the declaration, bylaws, and articles of incorporation form the basis for the legal authority for the planned community to act as provided in the declaration, bylaws, and articles of incorporation, and the declaration, bylaws, and articles of incorporation are enforceable by their terms. All provisions of the declaration and bylaws are severable.

(b) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant to G.S. 47F-3-102(1).

(c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this Chapter.

(d) Title to a lot and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this Chapter. Whether a substantial failure to comply with this Chapter impairs marketability shall be determined by the law of this State relating to marketability. (1998-199, s. 1; 2013-34, s. 4.)

 

§§ 47F-2-104 through 47F-2-116.  Reserved for future codification purposes.

 

Notes of Decisions
Cited in 4 cases, 2016–2018 · leading case: Willowmere Cmty. Ass'n, Inc. v. City of Hous., 809 S.E.2d 558 (N.C. 2018).
Willowmere Cmty. Ass'n, Inc. v. City of Hous., 809 S.E.2d 558 (N.C. 2018). · cites it 3× “, concurring) (emphasis added); see N.C.G.S. § 47F-2-103(a) (2017) (providing that "the declaration, bylaws, and articles of incorporation [of a planned community] form the basis for the legal authority for the planned community to act," and "are enforceable by their terms").”
Conleys Creek Ltd. P'ship v. Smoky Mountain Country Club Prop. Owners Ass'n, 805 S.E.2d 147 (N.C. Ct. App. 2017). · cites it 4× “" N.C. Gen. Stat. § 47F-2-103(a). And here, the 1999 Declaration has expressly authorized the Association to assess its homeowners the Clubhouse Dues.”
Kimler v. Crossings at Sugar Hill Prop. Owner's Ass'n, Inc., 789 S.E.2d 507 (N.C. Ct. App. 2016). · cites it 6× “Two such provisions of the PCA which apply to pre-1999 created planned communities are found in N.C. Gen.Stat. § 47F-2-103 (2015), which deals with the construction and validity of a declaration, and in N.”
Conleys Creek Ltd. P'ship v. Smoky Mountain Country Club Prop. Owners Ass'n, 799 S.E.2d 879 (N.C. Ct. App. 2017). · cites it 4× “" N.C. Gen. Stat. § 47F-2-103, a section of the PCA, states that "the declaration, bylaws, and articles of incorporation form the basis for the legal authority for the planned community to act as provided in the declaration, bylaws, and articles of incorporation, and [these…”
N.C. Gen. Stat. § 47F-2-103(a): 4 cases
Willowmere Cmty. Ass'n, Inc. v. City of Hous., 809 S.E.2d 558 (N.C. 2018). “, concurring) (emphasis added); see N.C.G.S. § 47F-2-103(a) (2017) (providing that "the declaration, bylaws, and articles of incorporation [of a planned community] form the basis for the legal authority for the planned community to act," and "are enforceable by their terms").”
Conleys Creek Ltd. P'ship v. Smoky Mountain Country Club Prop. Owners Ass'n, 805 S.E.2d 147 (N.C. Ct. App. 2017). “" N.C. Gen. Stat. § 47F-2-103(a). And here, the 1999 Declaration has expressly authorized the Association to assess its homeowners the Clubhouse Dues.”
Kimler v. Crossings at Sugar Hill Prop. Owner's Ass'n, Inc., 789 S.E.2d 507 (N.C. Ct. App. 2016). “Two such provisions of the PCA which apply to pre-1999 created planned communities are found in N.C. Gen.Stat. § 47F-2-103 (2015), which deals with the construction and validity of a declaration, and in N.”
Conleys Creek Ltd. P'ship v. Smoky Mountain Country Club Prop. Owners Ass'n, 799 S.E.2d 879 (N.C. Ct. App. 2017). “" N.C. Gen. Stat. § 47F-2-103, a section of the PCA, states that "the declaration, bylaws, and articles of incorporation form the basis for the legal authority for the planned community to act as provided in the declaration, bylaws, and articles of incorporation, and [these…”
N.C. Gen. Stat. § 47F-2-103(d): 1 case
Conleys Creek Ltd. P'ship v. Smoky Mountain Country Club Prop. Owners Ass'n, 805 S.E.2d 147 (N.C. Ct. App. 2017). “" N.C. Gen. Stat. § 47F-2-103(a). And here, the 1999 Declaration has expressly authorized the Association to assess its homeowners the Clubhouse Dues.”
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