(a) A declaration creating a condominium shall be executed in the same manner as a deed, shall be recorded in every county in which any portion of the condominium is located.

(b) A declaration or an amendment to a declaration adding units to a condominium may not be recorded unless all structural components and mechanical systems of all buildings containing or comprising any units thereby created are substantially completed in accordance with building design plans of an architect licensed under the provisions of Chapter 83A of the N.C. Gen. Stat. or an engineer registered under the provisions of Chapter 89C of the N.C. Gen. Stat., as evidenced by a recorded certificate of completion executed by the architect or engineer; provided, however, that (i) such requirement shall not apply to any unit or portion of a unit, the boundaries of which comprise solely surface space, airspace, subterranean space, or any specified combination thereof, as provided in N.C. Gen. Stat. § 47C-2-105(a)(5) and (ii) nothing in this subsection shall require that the structural components and mechanical systems of buildings be depicted on the plats or plans described in N.C. Gen. Stat. § 47C-2-109(b)(6). (1985 (Reg. Sess., 1986), c. 877, s. 1; 2012-18, s. 1.5; 2020-52, s. 4; 2022-12, s. 2(b).)