Loading chat...
NC S588
Bill
Status
4/13/2011
Primary Sponsor
Donald Vaughan
Click for details
AI Summary
-
Repeals existing lien enforcement procedures in G.S. 47C-3-116 and 47F-3-116 and replaces them with uniform procedures for condominiums and planned communities.
-
Allows homeowners associations to file claims of lien on units or lots after assessments remain unpaid for 30 days or longer, with liens securing all sums due including reasonable attorneys' fees and costs.
-
Requires associations to mail statements 15 days before filing liens and provide written notice before seeking attorneys' fees, giving owners 15 days to pay outstanding balance without additional fees.
-
Permits nonjudicial foreclosure of liens using power of sale procedures under Article 2A of Chapter 45, with attorneys' fees and trustee commissions capped at $1,500 if owner does not contest the debt or lien validity.
-
Exempts liens securing solely fines, interest on fines, or service/collection fees from nonjudicial foreclosure; such liens may only be enforced through judicial foreclosure.
-
Validates all nonjudicial foreclosure proceedings commenced before July 1, 2011, unless an action to set aside is filed by July 1, 2012, or within one year after the sale date, whichever occurs last.
Legislative Description
HOA/Uniform Procedure for Lien Enforcement
Last Action
Ref To Com On Judiciary I
4/14/2011