HOMEOWNER ASSOCIATION HEARINGS IN RALEIGH
House Select Committee on Homeowners Associations
This is long overdue! Hpoefully, all the homeowners who have been abused, or made homeless in/by one of these abusive groups will be rectified. Some of these abusive boards and, or, managers, are seeking to victimize certain homeowners, I believe, and really deserve their bad reputation. It is important that every homeowner be involved in what is going on in their mandatory association.
"The legislators on the committee are genuinely concerned about the abuses of HOAs and are interested to hear of concerns/complaints of any kind. Nothing is off the table."
From Jayne Nelson, Rep. McGee:
We will have several meetings before the beginning of session in May. The other dates are: March 4th, March 31st and April 14th. The purpose is to allow the committee enough time to study the issues concerning HOAs before introducing a bill or bills to the 2010 Short Session for consideration by the full body.
I hope this is helpful, these dates were set at the first meeting of the committee on January 13th.
If I can be of further assistance, do not hesitate to let me know.
Jayne Nelson
Jayne A. Nelson
Legislative Assistant to Representative Bill McGee
North Carolina General Assembly
phone 919.733.5747 ~ fax 919.754.3321
mcgeela@ncleg.net
To: Jayne Nelson (Rep. McGee); cruff@nchousing.org
Subject: Re: <NCGA> House Select Committee on Homeowners Associations Meeting 2-16-10
On Fri, Feb 5, 2010 at 3:00 PM, Jayne Nelson (Rep. McGee) <Mcgeela@ncleg.net> wrote:
February 5, 2010
MEMORANDUM
TO:Members, House Select Committee on Homeowners Associations
FROM:Representative William C. McGee, Co-Chair
Representative Jennifer Weiss, Co-Chair
SUBJECT:House Select Committee on Homeowners Associations
There will be a meeting of the House Select Committee on Homeowners Associations:
DAY:TuesdayTIME:10:00 am
DATE:February 16, 2010
LOCATION:Legislative Office Building, Room 421
Please advise Jayne Nelson, Committee Assistant, at 919-733-5747, or e-mail mcgeela@ncleg.net, or Susan Doty at 919-715-3010 or weissla@ncleg.net if you will be unable to attend.
Posted:
cc:Committee Record
Interested Parties
I am glad that you are interested in this important issue. The committee is chaired by Rep. Weiss and Rep. McGee and the members include Rep. Cleveland, Rep. Earle, Rep. Heagarty, Rep. Howard, and Rep. Wray. The committee came about for many of the reasons that you have mentioned. In North Carolina, HOAs have had the ability to charge fees to homeowners and if those fees aren’t paid they can move straight to foreclosure rather than having to pursue a settlement. Last year The General Assembly did pass bill H806, sponsored by Rep. Weiss, Rep. Earle, Rep. Glazier , and Rep. Cotham. This legislation ensures that HOAs must make a “reasonable and diligent effort” to locate and notify a homeowner before a lien is placed on the home. This is a good step forward, but as you know, there is still much to be done. It is important for our legislators to hear from homeowners who have faced challenges and have concerns with the actions of HOAs. The legislators on the committee are genuinely concerned about the abuses of HOAs and are interested to hear of concerns/complaints of any kind. Nothing is off the table.
If you, or any homeowners that you know will be able to make it to the committee hearing, please let me know. Also, for if you are unable to make it, please email one or all of the Representatives on the committee with your concerns and stories prior to the hearing tomorrow. I have listed their emails below.
Thank you for interest.. Please let me know if you have any additional questions.
Carley
Carley Ruff
Policy and Outreach Coordinator
NC Housing Coalition
Office: 919-827-4496
Cell: 919-208-4229
www.nchousing.org
Rep. Weiss – Jennifer.Weiss@ncleg.net
Rep. McGee – William.McGee@ncleg.net
Rep. Cleveland – George.Cleveland@ncleg.net
Rep. Earle – Beverly.Earle@ncleg.net
Rep. Heagarty – Chris.Heagarty@ncleg.net
Rep. Howard – Julia.Howard@ncleg.net
Rep. Wray - Michael.Wray@ncleg.net
Sent: Saturday, January 30, 2010 1:40 PM
To: Carley Ruff
Subject: RE: Public Hearing on Homeowners Associations, Feb. 02, 2010
cruff@nchousing.org or 919-827-4496
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H
D
HOUSE RESOLUTION DRHR50298-LB-266A (03/24)
Sponsors: Representatives McGee and Weiss (Primary Sponsors).
Referred to:
*DRHR50298-LB-266A*
A HOUSE RESOLUTION ESTABLISHING THE HOUSE SELECT COMMITTEE ON
1
HOMEOWNER ASSOCIATIONS.
2
Whereas, during the 2005 General Assembly, S.L. 2005-422 was enacted; and
3
Whereas, this legislation amended the North Carolina Planned Community Act and
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the North Carolina Condominium Act to provide for greater protections and participation by
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homeowners in the governance of their homeowner associations; and
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Whereas, the changes in S.L. 2005-422 included caps on the charge for late payment
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of assessments, caps on attorneys' fees in uncontested actions for the collection and the
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enforcement of a lien for dues or assessments, reduction in the maximum daily fine for
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violations of the covenants or the rules of the association adopted pursuant to the authority of
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the covenants, notice to a homeowner before attorneys' fees and court costs can be assessed in
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an enforcement action for the nonpayment of assessments or for other violations, modification
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of the foreclosure process used against the homeowner in certain situations, prohibiting an
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association from assessing certain fees against the homeowner unless expressly allowed in the
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declaration, requiring executive boards to provide owners an opportunity to attend and speak at
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meetings, and requiring associations to maintain detailed records and to give owners access to
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these records; and
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Whereas, the House of Representatives desires to create a select committee as there
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are still significant issues that need to be addressed concerning the protection and participation
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of homeowners in the governance of their homeowner associations, particularly as to
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assessments and record keeping of the associations; and
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Whereas, House Rule 26(a) allows the House, by resolution, to establish select
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committees; Now, therefore,
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Be it resolved by the House of Representatives:
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SECTION 1. The House Select Committee on Homeowner Associations is created.
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The Select Committee shall consist of the number of members appointed by the Speaker. The
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Speaker shall issue a charge to the Select Committee and provide for its meetings during the
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2009 Regular Session and during the interims in 2009 and 2010. The Select Committee may
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submit an interim report, including any proposed legislation, on or before May 1, 2010, and
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shall submit a final report on the results of its study not later than December 31, 2010.
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SECTION 2. This resolution is effective upon adoption.
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Public Hearing on Homeowners Associations
The NC House Select Committee on Homeowners Associations is holding hearings concerning the operation and practices of homeowners associations (HOAs) in North Carolina. The next hearing will focus on the experiences of homeowners. Members of the public are invited to attend and share their stories with the committee members. This meeting will be held on February 2nd at 2:00pm in room 643 of the Legislative Office Building. Homeowners who have complaints or concerns with their homeowners associations are encouraged to attend.
For more information, please contact Carley at cruff@nchousing.org or 919-827-4496. For directions to the Legislative Office Building, click here.
--
Linda Smith
Executive Director
AMEZ Housing Community Dev. Corp.
Po Box 15363
Wilmington, NC 28408
910-815-3826
910-763-5141(fax)
