North Carolina 2017-2018 Session Status: In Committee 1 R cosponsors

HB 814 — Planned Community Act Changes.

Last action — Serial Referral To Finance Added

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

22 added · 21 removed

Plain-language change summary

In the latest version of House Bill 814, specific lines have been added and removed, but the details of those changes are not specified here. Generally, such adjustments can involve clarifying legal language, removing outdated provisions, or addressing concerns raised during discussions. These changes matter because they can impact how the law functions, affect the stakeholders involved, and ensure the bill aligns more closely with the needs of the community it serves.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 814 Short Title:
814 Apr 11, 2017 SESSION 2017 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH10255-MQ-79 (03/15) Short Title:
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO AMEND THE PLANNED COMMUNITY ACT AND THE CONDOMINIUM ACT FOR THE PURPOSE OF CREATING CONSISTENCY AND ENHANCING CONSUMER PROTECTIONS.
Judiciary III April 13, 2017 A BILL TO BE ENTITLED AN ACT TO AMEND THE PLANNED COMMUNITY ACT AND THE CONDOMINIUM ACT FOR THE PURPOSE OF CREATING CONSISTENCY AND ENHANCING CONSUMER PROTECTIONS.
*DRH10255-MQ-79* General Assembly Of North Carolina Session 2017 b.
*H814-v-1* General Assembly Of North Carolina Session 2017 b.
Every association created Page 2 DRH10255-MQ-79 [v.6] (03/17) General Assembly Of North Carolina Session 2017 after the effective date of this Chapter shall be organized as a nonprofit corporation.corporation or as an unincorporated nonprofit association." SECTION 1.4.
Every association created Page 2 House Bill 814-First Edition General Assembly Of North Carolina Session 2017 after the effective date of this Chapter shall be organized as a nonprofit corporation.corporation or as an unincorporated nonprofit association." SECTION 1.4.
DRH10255-MQ-79 [v.6] (03/17) Page 3 General Assembly Of North Carolina Session 2017 "§ 47F-3-103.
House Bill 814-First Edition Page 3 General Assembly Of North Carolina Session 2017 "§ 47F-3-103.
Not less than 10 nor more than 60 days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause Page 4 DRH10255-MQ-79 [v.6] (03/17) General Assembly Of North Carolina Session 2017 notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each lot or to any other mailing address designated in writing by the lot owner, or sent by electronic means, including by electronic mail over the Internet, to an electronic mailing address designated in writing by the lot owner.
Not less than 10 nor more than 60 days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause Page 4 House Bill 814-First Edition General Assembly Of North Carolina Session 2017 notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each lot or to any other mailing address designated in writing by the lot owner, or sent by electronic means, including by electronic mail over the Internet, to an electronic mailing address designated in writing by the lot owner.
The following provisions and procedures shall be applicable to and complied with in every nonjudicial power of sale foreclosure of a claim of lien, and these provisions and procedures DRH10255-MQ-79 [v.6] (03/17) Page 5 General Assembly Of North Carolina Session 2017 shall control to the extent they are inconsistent or in conflict with the provisions of Article 2A of Chapter 45 of the General Statutes:
The following provisions and procedures shall be applicable to and complied with in every nonjudicial power of sale foreclosure of a claim of lien, and these provisions and procedures House Bill 814-First Edition Page 5 General Assembly Of North Carolina Session 2017 shall control to the extent they are inconsistent or in conflict with the provisions of Article 2A of Chapter 45 of the General Statutes:
Page 6 DRH10255-MQ-79 [v.6] (03/17) General Assembly Of North Carolina Session 2017 (a1) In addition to any specific information that is required by the bylaws to be assembled and reported to the lot owners at specified times, the association shall make an annual income and expense statement and balance sheet available to all lot owners at no charge and within 75 days after the close of the fiscal year to which the information relates.
Page 6 House Bill 814-First Edition General Assembly Of North Carolina Session 2017 (a1) In addition to any specific information that is required by the bylaws to be assembled and reported to the lot owners at specified times, the association shall make an annual income and expense statement and balance sheet available to all lot owners at no charge and within 75 days after the close of the fiscal year to which the information relates.
An agreement to submit to any form of binding alternative dispute resolution must be in a record authenticated by the parties." DRH10255-MQ-79 [v.6] (03/17) Page 7 General Assembly Of North Carolina Session 2017 SECTION 1.13.
An agreement to submit to any form of binding alternative dispute resolution must be in a record authenticated by the parties." House Bill 814-First Edition Page 7 General Assembly Of North Carolina Session 2017 SECTION 1.13.
Page 8 DRH10255-MQ-79 [v.6] (03/17) General Assembly Of North Carolina Session 2017 (8) A statement of any unsatisfied judgments against the association and the status of any pending suits in which the association is a defendant.
Page 8 House Bill 814-First Edition General Assembly Of North Carolina Session 2017 (8) A statement of any unsatisfied judgments against the association and the status of any pending suits in which the association is a defendant.
… (h) In addition to the limitations of Article 8 of Chapter 55A of the General Statutes, no financial payments, including payments made in the form of goods and services, shall be made DRH10255-MQ-79 [v.6] (03/17) Page 9 General Assembly Of North Carolina Session 2017 to any officer or member of the executive board, or to a business, business associate, or relative of an officer or member of the executive board, except as expressly provided for in the bylaws or in payments for services or expenses paid on behalf of the association which are approved in advance by the executive board." SECTION 2.2.
… (h) In addition to the limitations of Article 8 of Chapter 55A of the General Statutes, no financial payments, including payments made in the form of goods and services, shall be made House Bill 814-First Edition Page 9 General Assembly Of North Carolina Session 2017 to any officer or member of the executive board, or to a business, business associate, or relative of an officer or member of the executive board, except as expressly provided for in the bylaws or in payments for services or expenses paid on behalf of the association which are approved in advance by the executive board." SECTION 2.2.
Page 10 DRH10255-MQ-79 [v.6] (03/17) General Assembly Of North Carolina Session 2017 (4) To discuss contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated, including the review of bids or proposals, if premature general knowledge of those matters would place the association at a disadvantage.
Page 10 House Bill 814-First Edition General Assembly Of North Carolina Session 2017 (4) To discuss contracts, leases, and other commercial transactions to purchase or provide goods or services currently being negotiated, including the review of bids or proposals, if premature general knowledge of those matters would place the association at a disadvantage.
(2) Minutes of all meetings of its unit owners and executive board, including executive sessions, a record of all actions taken by the unit owners or DRH10255-MQ-79 [v.6] (03/17) Page 11 General Assembly Of North Carolina Session 2017 executive board without a meeting, and a record of all actions taken by a committee in place of the executive board on behalf of the association.
(2) Minutes of all meetings of its unit owners and executive board, including executive sessions, a record of all actions taken by the unit owners or House Bill 814-First Edition Page 11 General Assembly Of North Carolina Session 2017 executive board without a meeting, and a record of all actions taken by a committee in place of the executive board on behalf of the association.
Page 12 DRH10255-MQ-79 [v.6] (03/17) General Assembly Of North Carolina Session 2017 (4) Existing or potential matters involving federal, State, or local administrative or other formal proceedings before a governmental tribunal for enforcement of the declaration, bylaws, or rules and regulations.
Page 12 House Bill 814-First Edition General Assembly Of North Carolina Session 2017 (4) Existing or potential matters involving federal, State, or local administrative or other formal proceedings before a governmental tribunal for enforcement of the declaration, bylaws, or rules and regulations.
DRH10255-MQ-79 [v.6] (03/17) Page 13 General Assembly Of North Carolina Session 2017 (1) A statement disclosing the effect on the proposed disposition of any right of first refusal or other restraint on the free alienability of the unit held by the association.
House Bill 814-First Edition Page 13 General Assembly Of North Carolina Session 2017 (1) A statement disclosing the effect on the proposed disposition of any right of first refusal or other restraint on the free alienability of the unit held by the association.
A unit owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner, but the Page 14 DRH10255-MQ-79 [v.6] (03/17) General Assembly Of North Carolina Session 2017 purchase contract is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance, whichever occurs first." SECTION 2.7.
A unit owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner, but the Page 14 House Bill 814-First Edition General Assembly Of North Carolina Session 2017 purchase contract is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance, whichever occurs first." SECTION 2.7.
DRH10255-MQ-79 [v.6] (03/17) Page 15
House Bill 814-First Edition Page 15
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends the Planned Community Act to enhance consumer protections and consistency in declarations for planned communities.

  • § 47F-2-105

    The declaration for a planned community shall contain all of the following: (1) The name of the common interest community and association and a statement that the common interest community is a planned community. (2) The name of every county in which any portion of the common interest community is situated. (3) A legal description of the real estate included in the common interest community. (4) A statement of the maximum number of lots that the declarant reserves the right to create. (5) A description of the boundaries of each lot created by the declaration, including the lot's identifying number. (6) A description of any limited common elements along with a list of real property that is or must become a common element. (7) A description of any development rights and other special declarant rights reserved by the declarant, together with a legal description of the real property to which each of those rights applies and a time limit within which each of those rights must be exercised. (8) If any development right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with all of the following: a. A statement fixing the boundaries of the affected parcels and the order in which the affected parcels will be subjected to the exercise of each development right or an affirmative statement that no assurances are made by the declarant with respect to the exercise of development rights. b. If a development right is exercised in any portion of the real estate subject to that development right, a statement as to whether the development right will be reserved and applied to the remaining portions of the subject real estate. (9) All conditions or limitations under which the rights described in subdivision (7) of this subsection may be exercised or will lapse. (10) The allocation to each lot of the allocated common interest expense and votes as provided for under G.S. 47F-2-106. (11) The recording information for all easements and licenses (i) appurtenant to or included in the common interest community or (ii) to which any portion of the common interest community may become subject by virtue of a reservation in the declaration. (12) Any authorization that entitles the association to establish and enforce construction and design criteria and aesthetic standards. (13) A provision allowing for members to adopt (i) rules for the establishment and enforcement of construction and design criteria and aesthetic standards and (ii) procedures for enforcement of those criteria and standards, including approval of applications establishment of a reasonable time for review of applications, and the consequences of the association's failure to timely respond. (14) Any other matters the declarant deems appropriate and that are consistent with the provisions of this Chapter.

    This adds detailed requirements for what must be included in the declaration for a planned community.

  • § 47F-2-106

    or, if stated as a percentage, one hundred percent (100%).

    This amended wording clarifies the allocation of common expense liabilities and votes.

  • § 47F-2-117

    specifies specifies

    This corrects a redundancy in the language regarding how amendments to the declaration may be executed.

  • § 47F-3-101

    corporation

    This corrects the text to clarify that each association must be incorporated as a nonprofit corporation.

  • § 47F-3-102

    may do all of the following: → may:

    This clarifies the powers of the owners' association.

  • § 47F-3-103

    Subject to subsection (d1) of this section,

    This modifies the control period language to enhance clarity about declarant control.

Action History

  1. Serial Referral To Finance Added

  2. Serial Referral To Finance Stricken

  3. Serial Referral To Finance Added

  4. Passed 1st Reading

  5. Ref To Com On Judiciary III

  6. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 177 not signed on

Sponsors (1)

  • Jordan

Co-sponsors (1)

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 814?
HB 814 is sponsored by Jordan and John M. Blust (Republican).
What is the current status of HB 814?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 814?
Track HB 814 free on One Click Politics — get push/email alerts when it moves.

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