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HOAs are hot topic at public hearing today in Raleigh

Raleigh panel to listen to concerns about boards.

By April Bethea
abethea@charlotteobserver.com

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  • The House Select Committee on Homeowners' Associations is holding a hearing from 1 to 4 p.m. today in Raleigh at the state legislature to get feedback from members of the public on HOA issues. The deadline to sign up to speak has passed, said state Rep. Rodney Moore, D-Mecklenburg.



State lawmakers will hold a public hearing in Raleigh today to take comments from residents and others about issues with homeowner associations.

Among those planning to attend the three-hour hearing is Charlotte resident Jane Jordan, 60, who lives in the Ballantyne area.

Jordan, who used to serve on her neighborhood's HOA board, said she became more interested in looking for ways to strengthen the associations after a dispute in her neighborhood over a bid for construction work.

Jordan said while there are some good HOAs, she is concerned about what she believes is a rise in problems with some associations.

"These are our monies that we put into escrow to fix the common areas ... and we need accountability to show how they're using our money."

The Observer talked with Jordan about the hearing in Raleigh. Responses have been edited for clarity and brevity.

Q. What is the purpose of today's hearing?

"It's mainly a vehicle for allowing the voice of the homeowners to be heard, to hear as many problems as they care to vent and solutions ... for what has become more reports of boards of directors not following the bylaws over their respective HOAs, fining board members huge amounts of money for petty things (and) abusing their power to not divulge the financials that the homeowner will request on time."

Q. Why should the average person care about what's happening today?

"Fifty-three percent of homeowners across North Carolina live in homeowner associations that are governed by certain covenants and restrictions. ... And because there are so many reports of abuse in that 53 percent, there now is the need for future law changes to hold these boards accountable."

Q. What changes have been made already?

A state law went into effect in October giving homeowners more time to resolve liens filed by their HOAs for nonpayment of dues.

"It used to be if they did not pay within 30 days, you could start foreclosure procedures. House Bill 165 makes it 90 days, so it kind of gives them a chance to catch up.

"A disclosure law took effect Jan. 1 and said all buyers of a certain property had to be shown the covenants and restrictions before closing - not at the closing, but by the Realtor as part of the purchase. They had to be required to read it and become aware of what they were buying into. Now that way you can't say you didn't know."

Q. What else would you like to see?

More education and accountability for HOA board members and property managers.

"Most board members that are elected don't even read their bylaws or the Chapter 47 bylaws (the state law on associations) ... If they're educated first on 'this is what you can do, this is what you can't do,' then they have some rules to go by... If they're going to sit on a board, they need to know the rules the board is governed by."

Jordan also believes property owners should be taught the state bylaws on associations, along with Robert's Rules of Order, to help oversee HOAs.

Q. What advice would you have for homeowners who have an HOA?

"My advice is to not be passive. Get to know your board, ask to come to a board meeting, which they're supposed to allow residents to do. Attend all annual meetings. Approach your board members and offer your services to help work to better the community.

"Once that good relationship is established and you show an active interest, it cuts down on their desire to be selective and pick on people. (Also) get to know their property manager."

Bethea: 704-358-6013

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