Bill Summary for H 882 (2015-2016)

Summary date: 

Jun 24 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 882 (Public) Filed Tuesday, April 14, 2015
AN ACT TO MAKE VARIOUS CHANGES TO THE PLANNED COMMUNITY ACT.
Intro. by Jordan.

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Bill summary

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

Rewrites the long title to reflect changes made to the bill content in this committee substitute.

Deletes all of Part I. Community Association Property Management Act, which amended GS 93A-16(a) and enacted a new Article 7 in GS Chapter 93A, which made it unlawful for a person to directly or indirectly engage in the business of community association property management without being licensed as a real estate broker.

Enacts new GS 47F-2-105 in Article 2 (was, in Article 3) of GS Chapter 47F. Amends GS 47F-2-105 to replace references to "common interest community" with the term "planned community" wherever it occurs.

Deletes GS 47F-2-106, as enacted in this act (regarding allocation of common expense liabilities and votes) and makes a conforming change to GS 47F-2-105(a)(10), deleting a reference to GS 47F-2-106.

Amends GS 47F-2-117(b) to prohibit bringing any action to challenge the validity of an amendment to a declaration for a planned community more than three years (current law states one year) after the amendment is recorded (1st edition deleted subsection (b) in its entirety).

Deletes changes to the following statutes: GS 47F-2-120, GS 47F-3-101, GS 47F-3-103, GS 47F-3-114, and GS 47F-3-116.

Amends GS 47F-3-118 to clarify that for purposes of this statute, the means for copying records includes the receipt of copies through an electronic transmission if available. Permits an association to withhold records from inspection and copying that contain information regarding existing or reasonably anticipated (was, existing or potential) litigation, mediation, arbitration, or administrative proceedings. Also permits an association to withhold records from inspection and copying that contain information regarding existing or reasonably anticipated (was, existing or potential) federal, state, or local administrative or other formal proceedings before a governmental tribunal for enforcement of the declaration, bylaws, or rules. Authorizes an association to impose a reasonable charge that covers the costs of labor and material for producing records for inspection or copying any records provided to the lot owner. Mandates that the charge may not be more than the estimated cost of production or reproduction of the records.

Amends GS 47F-3-118(c) to provide that if an association fails to provide a lot owner with records requested under this section, the lot owner may obtain relief under GS 55A-16-04 (was, entitled the lot owner to receive $10 for each day that access to the records is denied).

Makes this act effective July 1, 2016 (was, effective when the act becomes law).

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