House committee substitute to the 1st edition deletes the content of the previous edition and replaces it with the following House Resolution.
Creates the nine-member House Select Committee on Homeowners' Associations (Select Committee), with members appointed upon the recommendation of the Speaker of the House of Representatives, who will also designate one of those members as chair. Requires the Select Committee to study the following with regards to homeowners' associations (HOAs), including unit owners' associations governed by GS Chapter 47C and owners' associations governed by GS Chapter 47F: (1) current laws applicable to HOAs, (2) existing remedies for HOA violations of their obligations under the law and recommended additional remedies for such violations, (3) executive agencies best positioned to assist homeowners in resolving complaints against HOAs for violations of law, and (4) any other relevant issue the Select Committee deems appropriate.
Sets out provisions governing quorum, exercise of powers, contracting for services, receipt of per diem, subsistence and travel allowance, and staffing.
Requires the Select Committee to submit a final report on the results of its study, including any proposed legislation, to the NCGA by March 1, 2024, by filing a copy of the report with the Office of the Speaker of the House of Representatives and the Legislative Library. Terminates the Select Committee on March 1, 2024, or upon the filing of its final report, whichever occurs first.
Amends the act's titles.
HOUSE SELECT COMMITTEE ON HOAS. (NEW)
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| View NCGA Bill Details | 2023-2024 Session |
A HOUSE RESOLUTION TO ESTABLISH A HOUSE SELECT COMMITTEE ON HOMEOWNERS' ASSOCIATIONS.Intro. by Iler.
Status: Adopted (House action) (May 2 2023)
Bill History:
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Wed, 8 Mar 2023 House: Filed
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Wed, 8 Mar 2023 House: Filed
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Thu, 9 Mar 2023 House: Passed 1st Reading
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Thu, 9 Mar 2023 House: Passed 1st Reading
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Tue, 2 May 2023 House: Reptd Fav Com Substitute
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Tue, 2 May 2023 House: Reptd Fav For Adoption
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Tue, 2 May 2023 House: Cal Pursuant Rule 36(b)
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Tue, 2 May 2023 House: Added to Calendar
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Tue, 2 May 2023 House: Adopted
H 311
Bill Summaries:
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Bill H 311 (2023-2024)Summary date: May 2 2023 - View Summary
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Bill H 311 (2023-2024)Summary date: Mar 8 2023 - View Summary
As title indicates, enacts Article 3B of GS Chapter 114, entitled “Community Association Oversight Division,” establishing a Community Association Oversight Division (Division) in the Office of the Attorney General. Defines the duties of the Division as to be available to assist a homeowner in a community governed by a community association to (1) determine whether the community association is acting in accordance with all applicable laws set forth in GS Chapters 47C (North Carolina Condominium Act), 47F (North Carolina Planned Community Act), and 55A (North Carolina Nonprofit Corporation Act) and (2) remedy any violations the Division determines to have been made by the community association by taking all steps the Division deems necessary, including commencing legal proceedings against the community association. Defines community association. Authorizes the Department of Justice to use the procedures set forth in GS 150B-21.1 (pertaining to procedures for adopting temporary rules) to adopt/amend rules to implement the establishment of the Division.
Enacts GS 47C-3-123 (Condominium Act) and GS 47F-3-123 (Planned Community Act) giving the Division jurisdiction over unit owners/lot owners associations to assist homeowners making complaints by ensuring compliance with the applicable laws. Requires both associations to comply with all requests made by the Division, including furnishing association records to the Division. Specifies that the Division can remedy violations by any means it deems necessary.
Effective July 1, 2023.
View: All Summaries for Bill
Committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO ESTABLISH A COMMUNITY ASSOCIATION OVERSIGHT DIVISION IN THE OFFICE OF THE ATTORNEY GENERAL TO ASSIST HOMEOWNERS IN COMMUNITIES GOVERNED BY COMMUNITY ASSOCIATIONS BY ENSURING THE COMMUNITY ASSOCIATIONS ARE COMPLYING WITH THE LAWS AND BY REMEDYING ANY VIOLATIONS OF THE LAWS.