HOAs/Lim. Com. Elements/Amend of Declaration (NEW).

View NCGA Bill Details2013-2014 Session
Senate Bill 228 (Public) Filed Thursday, March 7, 2013
A BILL TO BE ENTITLED AN ACT PROVIDING THAT A UNIT OWNER IN A CONDOMINIUM AND A LOT OWNER IN A PLANNED COMMUNITY SHALL AFFORD ACCESS THROUGH THE LIMITED COMMON ELEMENT ASSIGNED OR ALLOCATED TO THE OWNER'S UNIT OR LOT TO THE ASSOCIATION AND, WHEN NECESSARY, TO OTHER UNIT OR LOT OWNERS FOR THE PURPOSE OF CONDUCTING MAINTENANCE, REPAIR, OR REPLACEMENT ACTIVITIES AND PROVIDING THAT A UNIT OR LOT OWNER IS LEGALLY RESPONSIBLE FOR DAMAGE TO A LIMITED COMMON ELEMENT CAUSED BY THE UNIT OR LOT OWNER AND CLARIFYING THE LAWS REGARDING THE POWERS AND DUTIES OF A PLANNED COMMUNITY AND AMENDING THE PROCEDURES REGARDING AMENDMENT OF A RECORDED DECLARATION.
Intro. by Cook, Rabin.

Status: Ch. SL 2013-34 (Senate Action) (Apr 24 2013)

SOG comments (2):

Short title change

Senate committee substitute changed the short title. The short title originally was: HOAS/LIMITED COMMON ELEMENTS.

Long title change

The Senate commitee substitute changes the long title. The original long title was: A BILL TO BE ENTITLED AN ACT PROVIDING THAT A UNIT OWNER IN A CONDOMINIUM AND A LOT OWNER IN A PLANNED COMMUNITY SHALL AFFORD ACCESS THROUGH THE LIMITED COMMON ELEMENT ASSIGNED OR ALLOCATED TO THE OWNER'S UNIT OR LOT TO THE ASSOCIATION AND, WHEN NECESSARY, TO OTHER UNIT OR LOT OWNERS FOR THE PURPOSE OF CONDUCTING MAINTENANCE, REPAIR, OR REPLACEMENT ACTIVITIES AND PROVIDING THAT A UNIT OR LOT OWNER IS LEGALLY RESPONSIBLE FOR DAMAGE TO A LIMITED COMMON ELEMENT CAUSED BY THE UNIT OR LOT OWNER.

Bill History:

S 228/S.L. 2013-34

Bill Summaries:

  • Summary date: Apr 25 2013 - More information

    A BILL TO BE ENTITLED AN ACT PROVIDING THAT A UNIT OWNER IN A CONDOMINIUM AND A LOT OWNER IN A PLANNED COMMUNITY SHALL AFFORD ACCESS THROUGH THE LIMITED COMMON ELEMENT ASSIGNED OR ALLOCATED TO THE OWNER'S UNIT OR LOT TO THE ASSOCIATION AND, WHEN NECESSARY, TO OTHER UNIT OR LOT OWNERS FOR THE PURPOSE OF CONDUCTING MAINTENANCE, REPAIR, OR REPLACEMENT ACTIVITIES AND PROVIDING THAT A UNIT OR LOT OWNER IS LEGALLY RESPONSIBLE FOR DAMAGE TO A LIMITED COMMON ELEMENT CAUSED BY THE UNIT OR LOT OWNER AND CLARIFYING THE LAWS REGARDING THE POWERS AND DUTIES OF A PLANNED COMMUNITY AND AMENDING THE PROCEDURES REGARDING AMENDMENT OF A RECORDED DECLARATION. Enacted April 24, 2013. Section 5 is effective October 1, 2013. The remainder is effective April 24, 2013.


  • Summary date: Mar 26 2013 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Changes short and long title.

    Amends GS 47F-1-104 and GS 47F-2-103, to provide clarifying language that the declaration, bylaws, and articles of incorporation form the legal authority for the planned community to act as provided in their declaration, bylaws, and articles of incorporation and are enforceable by their terms.

    Amends GS 47F-2-117, providing that any declaration amendment passed pursuant to the provisions of this section is presumed valid and enforceable. Effective October 1, 2013, applying to any amendment of a planned community declaration recorded on or after that date.

    Amends GS 47F-1-102, adding references to GS 47F-1-104, GS 47F-2-103, and GS 47F-2-117 to its applicability section.


  • Summary date: Mar 7 2013 - More information

    Amends GS 47C-3-107 and GS 47F-3-107 as the title indicates.


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