What are the legal differences between condos and townhouses ?
In general, Condo unit owners own the inside of their units along with an undivided percentage of the real estate and common areas of the Condo development. Townhouse owners own the complete unit, including exterior surfaces and the land on which the unit is built. There are certain additional legal aspects of Condos and Townhomes that are governed by specific statutes (the “Unit Ownership Act” for condos created before October 1, 1986 and the “North Carolina Condominium Act” for condos created on or after October 1, 1986 ). There are no specific statutes governing most townhouses. However, townhouse projects of more than 20 units and created on or after January 1, 1999 are covered by the Planned Community Act. So are certain developments which volunteer to be subject to all or a portion of the Act. Townhouses that fall outside the Planned Community Act are governed by the same general laws that govern single-family houses.
