It doesn’t really come up often, but there are times when the Association may want to convey some portion of their common elements to a third party. There could be various reasons for this, including but not limited to, a land swap with a neighboring community, changing Lot boundaries, as part of a negotiation in a condemnation proceeding, etc. How common elements are conveyed is dependent on the age of the community and whether or not we are talking about the common elements of a planned community or a condominium. NCGS § 47F-3-112 states, in part: “(a) Portions of the … Continue reading →