Legislative Committee Chairs Timothy Hinds, Ron Downs,

Legislative Committee Facebook Page

North Carolina Government Legislative Site

North Carolina Small Claims Guide

Current Bills

• NC HB 311 2023 Good start to form an HOA Dept. but does not define its powers or budget source. You might want to look at the #1 Proposed Legislation on the HRLNG site https://dev.homeownersfightback.com/
  
• NC HB 542

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Committee on Dispute Resolution for HOAs

The following are resources for HRLNG members and guests interested in North Carolina HOA laws and the HOA law reform movement in NC:

• North Carolina Homeowners Association (HOA) Law Reform Coalition
  • Main website: https://nchoalawreform.com/
  
  
  • Blog: https://nchoalawreform.wordpress.com/
  • Forum: https://forum.nchoalawreform.com/
• North Carolina General Assembly
  • House
    • Member ListLeadershipRepresentatives’ Contact Info (postal, phone, & email)Committee InfoEtc.
    Senate
    • Member ListLeadershipRepresentatives’ Contact Info (postal, phone, & email)Committee InfoEtc.
  • Bills & Laws
    • General Statutes
    • Votes on Bills
    • Bills Reports
    • Etc.
• North Carolina Secretary of State
  • Business Registration Search (incl. for HOA’s)

Subj: Draft Homeowners’ Association Declaration Articles and Bylaws

The subject documents are available at the following Dropbox link: https://www.dropbox.com/scl/fo/sexnsc7ufdu7pvq8x4xze/h…. (PDF and Word files)

The content of the draft documents may be useful for ideas and source information for revising HOA governing documents and for helping the fight for HOA reform legislation.

The following documents are available at the said link:

1. Article III, Homeowners’ Association (3 pages)

2. Article IV, Covenants for Assessments (10 pages)

3. Article VI, Use Restrictions and Architectural Control (28 pages)

4. Article IX, Lots Subject to Declaration and Enforcement (2 pages)

5. Article XIII, Requirements for Contracts (5 pages)

6. Article XIV, Association Official Records (7 pages)

7. Article XV, Meetings (5 pages)

8. Article XVI, Voting; Proxies; Ballots (14 pages)

9. Article XVII, Management; Budget; Finances; Operations (13 pages)

10. Article XVIII, Emergency Powers (2 pages)

11. Bylaws (31 pages)

The content of the draft documents stems from personal experience and “homework.” It is based on provisions from laws of other states, such as Arizona, California, Florida, and Texas, and from the Uniform Common Interest Ownership Act (UCIOA) (2021) and the Uniform Common Interest Owners Bill of Rights Act (UCIOBORA). (Both said Acts were drafted by the National Conference of Commissioners on Uniform State Laws.) Most of the provisions in the draft documents are simply copied directly from the laws of other states and the UCIOA and UCIOBORA.

North Carolina Horror Stories

• Hundreds in NC lose homes, equity after HOAs foreclose. Who protects homeowners?
• Deceit, rigged bids and extortion: How HOA foreclosures can open the door to predators
• ‘Once. Twice. Sold for $4,400.’ How HOA foreclosure auctions cost owners their homes
• Can an HOA sell your home? What NC law says, and how to challenge foreclosures
• Charlotte HOA member learned the hard way: Fighting back can be a long, costly battle
• When North Carolina HOAs want to block or pass legislation, they often get their way