North Carolina § 168-23 - Certain private agreements void.

§ 168-23. Certain private agreements void.

Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property which would permit residential use of property but prohibit the use of the property as a family care home as defined in G.S. 160D-907 is void as against public policy to the extent of the prohibition and shall be given no legal or equitable force or effect. History (1981, c. 565, s. 1; 2019-111, s. 2.6(j); 2020-3, s. 4.33(a); 2020-25, ss. 49(a), (c), 51(a), (b), (d).) Editor's Note. - Session Laws 2019-111, s. 2.6(j), as amended by Session Laws 2020-3, s. 4.33(a), provided for the delayed repeal of Article 3 of Chapter 168 , effective August 1, 2021, and applicable to local government development regulation decisions made on or after that date. Session Laws 2020-25, ss. 49(a) and 51(d), repealed Session Laws 2019-111, s. 2.6(j) and 2020-3, s. 4.33(a), effective June 19, 2020. Session Laws 2019-111, s. 2.8, is a severability clause. Session Laws 2019-111, s. 3.2, as amended by Session Laws 2020-3, s. 4.33(a), provides, in part: "Part II of this act clarifies and restates the intent of existing law and applies to ordinances adopted before, on, and after the effective date." Session Laws 2020-25, s. 51(a), (d), repealed Session Laws 2019-111, s. 3.2, and Session Laws 2020-3, s. 4.33, effective June 19, 2020." Session Laws 2020-3, s. 5, is a severability clause. Session Laws 2020-25, s. 51(b), provides: "Part II of S.L. 2019-111 is effective when this act becomes law [June 19, 2020]. Part II of S.L. 2019-111 clarifies and restates the intent of law existing on the effective date of this act [June 19, 2020] and applies to ordinances adopted before, on, and after that date. Valid local government development regulations that are in effect at the time of the effective date of Part II of S.L. 2019-111 remain in effect but local governments shall amend those regulations to conform to the provisions of Part II of S.L. 2019-111 on or before July 1, 2021. Part II of S.L. 2019-111 applies to local government development regulation decisions made on or after the earlier of: "(1) The effective date of the amendments to local development regulations made to conform to the provisions of Part II of S.L. 2019-111 or "(2) July 1, 2021." Effect of Amendments. - Session Laws 2020-25, s. 49(c), effective June 19, 2020, substituted "as defined in G.S. 160D-907 is void” for "shall, to the extent of such prohibition, be void” and added "to the extent of the prohibition.”