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New HOA legislation will take effect Oct. 1

Michael Hunter
Charlotte attorney Michael Hunter focuses on community and condominium association law for the firm of Horack Talley. E-mail questions.

As I wrote in my May 21 column, the N.C. General Assembly has been working its way through several bills that affect HOAs.

The most far-reaching bill, House Bill 165, while well-intended, would have placed onerous new burdens on all-volunteer HOA boards and their management companies. The final version passed by the legislature omitted the most burdensome provisions. The final version takes effect Oct. 1. Its key provisions include:

Foreclosures of HOA liens may only be filed when the unpaid HOA assessments are at least 90 days past due, and only when the foreclosure is authorized by the HOA's board.

The N.C. Real Estate Commission has been directed to develop a disclosure form to be provided by the seller to the buyer.

The disclosure must include contact information for the HOA; a description of services the HOA provides; information on unpaid assessments owed on the lot; information on any unsatisfied judgments or pending suits involving the HOA or the lot; and any fees charged by the HOA or management company in connection with the sale of a lot.

House Bill 183, as proposed, would have barred HOAs from using the foreclosure process to collect delinquent assessments. Apparently realizing the catastrophic effect of taking away the only effective legal collection tool that HOAs had, the legislature has rewritten this bill to instead call for a legislative committee to study foreclosure by HOAs of liens for unpaid assessments.

No action is expected this year on Senate Bill 373, the Community Association Managers Licensing Act, or House Bill 282, which would bar HOAs from prohibiting the installation of water or energy-saving devices by owners.

Charlotte attorney Michael Hunter focuses on community and condominium association law for the firm of Horack Talley. E-mail questions to home@charlotteobserver.com.

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