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NC H175
Bill
Status
2/27/2013
Primary Sponsor
Rodney Moore
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AI Summary
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Prohibits homeowner associations from foreclosing on association assessment liens in both condominium (47C-3-116) and homeowners association (47F-3-116) contexts.
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Permits associations to pursue civil actions in court to collect unpaid assessments instead of foreclosure, with judgments including costs and reasonable attorneys' fees for the prevailing party.
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Requires associations to mail notice of assessments at least 15 days before filing a lien and provide written notice of intent to seek attorneys' fees and court costs, with a 15-day payment period to avoid these additional charges.
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Allows associations to agree to accept installment payments for outstanding balances, with reasonable administrative and attorneys' fees permitted in installment schedules.
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Effective October 1, 2013, applying to all association assessment liens filed on or after that date.
Legislative Description
HOAs/No Home Foreclosures
Last Action
Ref to the Com on Judiciary Subcommittee A, if favorable, Regulatory Reform, if favorable, Finance
2/28/2013