North Carolina 2023-2024 Session Status: Passed Senate Bipartisan · 5 D · 3 R cosponsors

SB 376 — Expanding Members' Access to HOA Records.

Last action — Passed 2nd Reading

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

This bill died with 2023-2024 Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

126 added · 81 removed

Plain-language change summary

In the revised version of Bill SB 376, some lines were added and others removed, but the key content remains focused on the handling of requests for information by lot owners in a community. This update clarifies the timeline for providing requested statements, ensuring they must be delivered within 10 business days of receiving a request. This change is important because it can improve transparency and responsiveness in how community associations manage inquiries from residents.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 2 SENATE BILL 376 Judiciary Committee Substitute Adopted 5/2/23 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 1 SENATE BILL 376 Short Title:
Senator Johnson (Primary Sponsor).
March 28, 2023 A BILL TO BE ENTITLED AN ACT TO ALLOW MEMBERS OF UNIT OWNERS' ASSOCIATIONS AND LOT OWNERS' ASSOCIATIONS TO INSPECT AND COPY ANY CONTRACTS BETWEEN THEIR ASSOCIATION AND A MANAGING AGENT.
Rules and Operations of the Senate March 28, 2023 A BILL TO BE ENTITLED AN ACT TO ALLOW MEMBERS OF HOMEOWNERS' ASSOCIATIONS TO REQUEST IN WRITING THE OPPORTUNITY TO REVIEW MANAGEMENT CONTRACTS BETWEEN COMMUNITY ASSOCIATIONS AND COMMUNITY ASSOCIATION MANAGERS.
(a1) A unit owner or the unit owner's authorized agent is entitled to inspect and copy, at a reasonable time and location specified by the association, any contract entered into by the association authorizing a managing agent to exercise anyof the powers granted to the association pursuant to G.S.
(a1) The association, upon written request, shall furnish to a unit owner or the unit owner's authorized agents the contract(s) between the association and the community association manager relating to the management of the association.
47C-3-102, if the unit owner gives the association written notice of the demand at least five business days before the date on which the unit owner wishes to inspect and copy.
The association must provide the requestor either a physical copy of the contract or with an agreeable time to review the contract in person.
For purposes of this subsection, "community association" means an association or organization of the owners of residential condominiums, timeshares, townhouses, apartments, or lots in a planned community or subdivision that is subject to a uniform scheme of restrictive covenants, in which owner membership is made mandatory by covenant, contract, or deed, and is authorized to collect dues, assessments, or other payments from owner-members.
"Community association manager" means any person, partnership, firm, corporation, limited liability company, association, or other business entity who, for compensation or other valuable consideration or promise thereof, performs any of the following on behalf of a community association:
*S376-v-1* General Assembly Of North Carolina Session 2023 (1) Acts with the authority of a community association in its business, legal, financial,orothertransactionsandcommunicationswithassociationmembers and nonmembers.
(2) Executes the resolutions and decisions of the government of a community association or, with the authority of the association, enforces the rights of the association secured by statutes, contract, covenant, rule, or bylaw.
(3) Collects, disburses, or otherwise exercises dominion or control over money or other property belonging to a community association.
(4) Prepares budgets, financial statements, or other financial reports for a community association.
(5) Negotiates contracts or otherwise coordinates or arranges for services or the purchase of property or goods for or on behalf of a community association.
(6) Offers or solicits to perform any of the acts or services in subdivisions (1) through (5) of this subsection on behalf of a community association.
*S376-v-2* General Assembly Of North Carolina Session 2023 (c) 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, may be made to any officer or member of the association's 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.
(c) 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, may be made to any officer or member of the association's 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.
Notwithstanding the bylaws, a more extensive compilation, review, or audit of the association's books and records for the current or immediatelypreceding fiscal year may be required by a vote of the majority of the executive board or by the affirmative vote of a majority of the lot owners present and votingin personorbyproxyat anyannual meetingoranyspecial meetingdulycalled for that purpose.
Notwithstanding the bylaws, a more extensive compilation, review, or audit of the association's books and records for the current or immediatelypreceding fiscal year may be required by a vote of the majority of the executive board or by the affirmative vote of a majority of the lot owners present and votingin personorbyproxyat anyannual meeting oranyspecial meetingdulycalled for that purpose.
(a1) A lot owner or the lot owner's authorized agent is entitled to inspect and copy, at a reasonable time and location specified by the association, any contract entered into by the association authorizing a managing agent to exercise anyof the powers granted to the association pursuant to G.S.
(a1) The association, upon written request, shall furnish to a lot owner or the lot owner's authorized agents the contract(s) between the association and the community association manager relating to the management of the association.
47F-3-102, if the lot owner gives the association written notice of the demand at least five business days before the date on which the lot owner wishes to inspect and copy.
The association must provide the requestor either a physical copy of the contract or with an agreeable time to review the contract in person.
For purposes of this subsection, "community association" means an association or organization of the owners of residential condominiums, timeshares, townhouses, apartments, or Page 2 Senate Bill 376-First Edition General Assembly Of North Carolina Session 2023 lots in a planned community or subdivision that is subject to a uniform scheme of restrictive covenants, in which owner membership is made mandatory by covenant, contract, or deed, and is authorized to collect dues, assessments, or other payments from owner-members.
"Community association manager" means any person, partnership, firm, corporation, limited liability company, association, or other business entity who, for compensation or other valuable consideration or promise thereof, performs any of the following on behalf of a community association:
(1) Acts with the authority of a community association in its business, legal, financial,orothertransactionsandcommunicationswithassociationmembers and nonmembers.
(2) Executes the resolutions and decisions of the government of a community association or, with the authority of the association, enforces the rights of the association secured by statutes, contract, covenant, rule, or bylaw.
(3) Collects, disburses, or otherwise exercises dominion or control over money or other property belonging to a community association.
(4) Prepares budgets, financial statements, or other financial reports for a community association.
(5) Negotiates contracts or otherwise coordinates or arranges for services or the purchase of property or goods for or on behalf of a community association.
(6) Offers or solicits to perform any of the acts or services in subdivisions (1) through (5) of this subsection on behalf of a community association.
Page 2 Senate Bill 376-Second Edition
Senate Bill 376-First Edition Page 3
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Action History

  1. Passed 2nd Reading

  2. Passed 3rd Reading

  3. Special Message Sent To House

  4. Special Message Received From Senate

  5. Passed 1st Reading

  6. Ref To Com On Rules, Calendar, and Operations of the House

  7. Reptd Fav

  8. Reptd Fav Com Substitute

  9. Com Substitute Adopted

  10. Re-ref Com On Rules and Operations of the Senate

  11. Withdrawn From Com

  12. Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  13. Passed 1st Reading

  14. Ref To Com On Rules and Operations of the Senate

  15. Filed

Sponsors

Sponsorship breakdown

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0 sponsors · 8 co-sponsors · 171 not signed on

Sponsors (0)

None.

Co-sponsors (8)

Not signed on (171)

171 members have not signed on to this bill.

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"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.

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Frequently asked questions

Who sponsors SB 376?
SB 376 is sponsored by Gale Adcock (Democratic), Bobby Hanig (Republican), Julie Mayfield (Democratic), Timothy D. Moffitt (Republican), Mujtaba A. Mohammed (Democratic), Natalie S. Murdock (Democratic), Gladys A. Robinson (Democratic), and Todd Johnson (Republican).
What is the current status of SB 376?
This bill died with 2023-2024 Session. It reached “Passed Senate” 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 SB 376?
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