Professional Documents
Culture Documents
Chapter 93A
Chapter 93A
Article 2.
Real Estate Education and Recovery Fund.
§ 93A-16. Real Estate Education and Recovery Fund created; payment to fund;
management.
(a) There is hereby created a special fund to be known as the "Real Estate Education
and Recovery Fund" which shall be set aside and maintained by the North Carolina Real
Estate Commission. The fund shall be used in the manner provided under this Article for
Article 3.
Private Real Estate Education Providers and Continuing Education Requirements.
§ 93A-32. Definitions.
As used in this Article:
(1) "Commission" means the North Carolina Real Estate Commission.
(2) "Private real estate education provider" or "education provider" means any
individual or real estate educational entity which is privately owned and
conducting, for a profit or tuition charge, real estate broker prelicensing,
postlicensing, or continuing education courses prescribed by G.S. 93A-4(a) or
Article 4.
Timeshares.
§ 93A-39. Title.
This Article shall be known and may be cited as the "North Carolina Timeshare Act."
(1983, c. 814, s. 1; 2021-163, s. 1(c); 2021-192, s. 5(a).)
§ 93A-41. Definitions.
When used in this Article, unless the context otherwise requires, the term:
(1) Assessment. – The share of funds required for the payment of common
expenses which is assessed from time to time against each owner by the
managing entity.
(2) Board. – The board of directors of a timeshare owners' association.
§ 93A-43. Partition.
When a timeshare is owned by two or more persons as tenants in common or as joint
tenants, either may seek a partition by sale of that interest under Chapter 46A of the General
Statutes, but no owner of a timeshare shall maintain a proceeding for partition, whether by
actual partition or by partition sale, of the timeshare unit, timeshare project, or timeshare
program in which the timeshare is held. (1983, c. 814, s. 1; 2020-23, s. 15; 2021-163, s.
1(c); 2021-192, s. 5(a).)
§ 93A-46. Prizes.
An advertisement of a timeshare which includes the offer of a prize or other inducement
shall fully comply with the provisions of Chapter 75 of the General Statutes. (1983, c. 814,
s. 1; 2021-163, s. 1(c); 2021-192, s. 5(a).)
§ 93A-61. Management.
(a) For each timeshare program, the developer shall provide for a managing entity,
which shall be either the developer, a third-party management firm, or timeshare owners'
association.
(b) The managing entity may not furnish the name, address, electronic mail address,
or contact information of any owner to any person, including any other owner or authorized
agent of an owner, unless the owner whose name, address, electronic mail address, or
contact information is requested first approves the disclosure in writing. The managing
entity shall maintain among its records and provide to the Commission upon request a
complete list of the names and addresses of all owners in the timeshare program. The
managing entity shall update this list at least quarterly. The managing entity may not
publish this owners' list or provide a copy of it to any owner or to any third party other than
the Commission. However, the managing entity shall mail to those owners listed on the
owners' list materials provided by any owner, upon the written request of that owner, if the
purpose of the mailing is to advance legitimate business of the timeshare program,
including, but not limited to, a proxy solicitation for any purpose, including the recall of
one or more directors elected by the owners or the discharge of the management firm. The
managing entity shall be responsible for determining the appropriateness of any requested
mailing. The owner who requests the mailing must reimburse the managing entity in
advance for the actual, reasonable costs in performing the mailing. A mailing requested for
the purpose of advancing legitimate business of the timeshare program shall occur within
30 days after receipt of a request from an owner.
(c) The predecessor in interest, or a transfer service provider for the predecessor in
interest, shall deliver to the managing entity a copy of the timeshare instrument, which
shall be a copy of the recorded timeshare instrument if the timeshare is a timeshare estate,
§ 93A-66. Record keeping by resale service providers, transfer service providers, and
lead dealers.
Article 5.
Real Estate Appraisers.
§§ 93A-70 through 93A-81: Repealed by Session Laws 1993, c. 419, s. 7.
Article 6.
Broker Price Opinions and Comparative Market Analyses.
§ 93A-82. Definitions.
As used in this Article, the terms "broker price opinion" and "comparative market
analysis" mean an estimate prepared by a licensed real estate broker that details the
probable selling price or leasing price of a particular parcel of or interest in property and
provides a varying level of detail about the property's condition, market, and neighborhood,
and information on comparable properties, but does not include an automated valuation
model. (2012-163, s. 2.)
§ 93A-83. Broker price opinions and comparative market analyses for a fee.
(a) Authorized. – A person licensed under this Chapter, other than a provisional
broker, may prepare a broker price opinion or comparative market analysis and charge and
collect a fee for the opinion if: