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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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