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NC H1084

Bill

Status

Engrossed

6/21/2012

Primary Sponsor

Carolyn Justice

Click for details

Origin

House of Representatives

2011-2012 Session

AI Summary

  • Requires associations to file notice of satisfaction of liens with the clerk of court within 30 days of receiving full payment; associations failing to do so are liable for actual damages, $1,000, and reasonable attorneys' fees if lot owner provides certified notice and association fails to comply within 30 additional days.

  • Mandates annual independent financial review of associations completed within 120 days of fiscal year end; requires annual independent financial audit instead if association has revenues/expenditures of at least $100,000, governing documents require audit, or majority votes for audit.

  • Requires association meeting notices to describe the general nature of all material matters for which a vote will be taken; voids actions taken at meetings held in violation of association bylaws or applicable statutory provisions.

  • Establishes detailed voting procedures including absentee ballots (upon 7-day request), proxy voting (valid only if dated and identifying matter to be voted; void if favoring board member; limited to 15% of total votes per person), and ballot voting without meetings.

  • Allows parties to disputes arising under planned community or condominium acts to use alternative dispute resolution; requires use of Dispute Resolution Commission-certified mediators and written authentication for binding arbitration agreements.

Legislative Description

HOAs/Planned Community Act Amends

Last Action

Ref To Com On Rules and Operations of the Senate

6/25/2012

Committee Referrals

Rules and Operations of the Senate6/25/2012
Finance6/13/2012
Judiciary Subcommittee C5/24/2012

Full Bill Text

No bill text available