Bill Summary for H 311 (2023-2024)

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Summary date: 

Mar 8 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 311 (Public) Filed Wednesday, March 8, 2023
Intro. by Iler.

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Bill 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.